Whitesboro City Zoning Code

SPECIAL USES

§ 154.040 SPECIAL USES.

(A) Child-care centers.

(1) No portion of a child-care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.

(2) Child-care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.

(3) Site plan approval by the Planning and Zoning Commission shall be required for all child-care center sites.

(4) Child-care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.

(5) All child-care centers shall comply with the following standards:

(a) All vehicular entrances and exits shall be clearly visible from the street.

(b) All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.

(c) Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the Planning and Zoning Commission if the childcare is provided for less than four hours per day for an individual person.

(d) In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within 100 feet of the child-care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.

(d) No child-care center shall be part of a one-family or two-family dwelling.

(B) Construction yards, field offices, batching plants and other temporary buildings. Temporary permits for construction yards, field offices and batching plants and specific use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any such permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this chapter or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

(1) All towers shall satisfy the minimum setback requirements.

(2) All towers must meet manufacturer's installation standards or be approved by a professional engineer, licensed in the State of Texas.

(3) All towers in excess of 30 feet are required to be equipped with a climbing guard.

(4) Specific requirements for towers located in residential districts (SF-60, TF, SF-TH, MF-1, MF-2, MH-1 and MH-2) and the CBRD:

(a) The maximum height shall be 65 feet including mast and antennas, measured from the ground.

(b) All towers including mast and antennas in excess of 30 feet shall be located not less than the height of the tower including mast and antennas minus 30 feet from the nearest property line.

(5) Specific requirements for towers located in nonresidential districts:

(a) A specific use permit is required for towers in these zoning districts.

(b) The minimum distance to the nearest property line (measured from any point on the tower) shall be 20% of the height of the tower.

(c) The minimum distance to any existing or planned street right-of-way (measured from any point on the tower) shall be 50 feet.

(d) The minimum distance to a residential property line (measured from any point on the tower) shall be two times the total height of tower (including any mast or antennas).

(e) All towers in excess of 65 feet from the ground and any guy anchors (if used) shall be enclosed by a locked security fence not less than eight feet in height. Towers shall also be equipped with an appropriate anti-climbing device.

(f) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If the antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(g) All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.

(h) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within the said 30 days, the city may remove such tower or cause such tower to be removed at the owner's expense.

(i) Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days or receipt of notice from the building official notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the building official may cause such antenna or tower to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(j) All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) are prohibited.

(D) Residence hotels. Residence hotels shall be designed to allow for their potential conversion to multi-family residences and as such shall comply with all minimum standards set forth in the NC district and residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.

(E) Patio homes.

(1) Location on lot. Patio home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum five-foot wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his or her house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten feet shall be provided. The combined area of all structures shall not exceed 65% of the lot area.

(2) Front yard setback. The minimum front yard shall be 15 feet, provided that in no case shall a garage or carport fronting onto a street be less than 20 feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in length, with the approval of a site plan or subdivision plat. Under this provision the maximum setback shall be 25 feet. A minimum lot depth of 65 feet, as measured from front building line to rear lot line, shall be maintained.

(3) Rear yard setback. The minimum rear yard shall be five feet for a single-story structure and 15 feet for any two-story structure. If access is from an alley, the minimum setback will be 20 feet for garages or carports.

(4) Side yard setback. The minimum side yard shall be zero feet except that there shall be at least ten feet of separation between structures. When patio homes are constructed with a zero side yard, five feet on the lot adjacent to the zero setback shall be dedicated as an access easement for the zero setback patio home. There shall be a minimum of 25 feet from any property line adjacent to a street.

(5) Lot frontage. The minimum frontage of any patio home shall be 25 feet on residential streets and 35 feet on collector and thoroughfare streets.

(6) Lot area. The minimum lot area for any development lot for patio homes shall be 2,800 feet.

(7) Maximum length of structures. No zero lot line structure shall have an overall length exceeding 250 feet.

(8) Maximum height of structures. No structure shall exceed two stories or 35 feet in height.

(9) Parking. Two off-street spaces per dwelling unit plus 1/2 space per dwelling unit for visitor parking within 600 feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.

(10) Common area maintenance. To ensure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:

(a) Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect. A homeowners' association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.

(b) The HOA or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land, and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rata formula for all property owners.

(11) Usable open space requirements. Each parcel of land developed under patio home standards shall provide usable open space totaling 15% of the area of a patio home development. Such open space shall have a maximum slope of 10% and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The 15% shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current comprehensive plan). At the time of site plan and/or subdivision plat approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.

(12) Additional landscaping. In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.

(F) Multi-family residences.

(1) Courts. Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.

(2) Usable open space.

(a) Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in § 154.004), in accordance with the table below:

USABLE OPEN SPACE REQUIREMENT

Number of Bedrooms or Sleeping Rooms
1 or less	600 sq. ft.
Each additional bedroom over 1	300 sq. ft.

(b) In those instances where a parcel of land has been zoned for multi-family use with a specific use permit or planned development classification and the permitted densities do not conform exactly with those permitted in the MF district, usable open space shall be provided in accordance with that required for the multi-family zoning district which most closely approximates the density permitted under the SUP or PD.

(c) In meeting this requirement, a credit of three square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten feet of a pool; developed and equipped children's play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the Planning and Zoning Commission and/or City Council may allow a credit not to exceed 10% of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed 50% of the total usable open space for an individual lot or parcel of land.

(d) At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmentally significant and that their preservation would enhance the development.

(G) Service stations. Gasoline service station pump islands may not be located nearer than 18 feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten feet to the property line.

(H) Bed-and-breakfast facilities.

(1) Defined. See Appendix 3, item 3.1.2].

(2) Specific use permit for bed-and-breakfast facility. No individual property owner shall use his or her residence as a bed-and-breakfast facility, as that term is defined herein, without first having received a specific use permit from the City Council.

(3) Permitted in specific districts. See the schedule of uses Appendix 2 of this chapter.

(4) Special regulations. The following special regulations shall apply to all specific use permits issued for bed-and-breakfast facilities:

(a) All bed-and-breakfast facilities must be owner-occupied and managed at all times.

(b) The maximum number of bedrooms which may be rented is five, unless the City Council specifically finds that the structure and tract on which it is located is of sufficient size to permit more bedrooms and that the same will not adversely impact the surrounding properties.

(d) One attached sign shall be permitted on the premises. Such signs shall not exceed four square feet in area and shall not include the word HOTEL or MOTEL.

(e) Off-street parking shall be provided equal to one parking space per guest bedroom and shall be screened from all streets. No parking shall be permitted in the front yard area.

(f) The facilities shall meet all of the minimum requirements of the City-County Health Department and shall conform in all respects to the requirements of the fire code, building code, electrical code and plumbing code.

(g) All such facilities shall be responsible for the collection of the city hotel/motel tax.

(h) All city-county health officers, building inspectors, the fire marshal and his or her assistants and other code enforcement officials of the city shall have the right to go on any premises of a bed-and-breakfast facility during normal business hours for the purpose of verifying compliance with this division and all other applicable ordinances of the city.

(I) Recreational Vehicle (RV) parking/storage on private property. Recreational storage on private property in conjunction with a primary residential use shall meet the following criteria.

(1) No RV shall be parked in front of the front setback or in front of the front façade of the primary structure on a lot.

(2) No utilities shall be connected to the RV except for temporary electrical service for loading and unloading purposes.

(3) An RV can be no closer than five feet from a side building line or parked within a drainage easement.

(J) Swimming pools. The purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools (including above ground level) whether privately, publicly, or commercially owned or operated.

(1) No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.

(2) A swimming pool may be constructed and operated when:

(a) The pool is not located in any required front or side yard abutting a street;

(b) A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area (see division (K) of this section for additional regulations regarding enclosing of pools);

(c) All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties;

(d) No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and

(e) The swimming pool is no closer than eight feet from any property line.

(K) Swimming pool enclosures.

(1) See adopted International Pool and Spa code 2024: Section 305 – Barrier Requirements.

(2) State law references. Swimming pool enclosures, V.T.C.A., Local Government Code, sec. 214.101 et seq.; pool yard enclosure for multiunit rental complex, property owners' association, etc., V.T.C.A., Health and Safety Code, Ch. 757.

(L) Sale of alcoholic beverages.

(1) This division (L) shall not apply when the storage or serving of alcoholic beverages is strictly for the consumption of the owners of the premises and their guests at no charge.

(2) The storage, possession, or sale of any alcoholic beverage, when permitted by the laws of this state, shall be regulated and governed as provided herein and in other applicable ordinances and regulations of the city.

(3) The sale of liquor and the sale of beer is prohibited in any residential area within the city's corporate limits. The term "residential area" includes locations that are within any of the following zoning districts or areas:

(a) SF-60 - Single-Family;

(b) SF-TH - Single-Family Townhome;

(d) MH-2 - Manufactured Home Park District;

(e) TF Duplex - Two-Family Residential;

(f) MF-1 - Multiple-Family Residential - Medium Density;

(g) MF-2 - Multiple-Family Residential - High Density;

(h) PD - Any residential part of a Planned Development District; or

(i) Any tract, lot or subdivision upon which is located any of the "residential uses" list in Appendix 3 of this chapter, as amended.

(M) Wind energy conversion systems. In order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community, the purpose of this section is to regulate private use wind energy conversion systems for the production of electricity for use on a lot.

(1) Applicability and definitions. Terms defined below shall be used for the purposes of this division (M).

(a) Wind energy conversion systems. A wind energy conversion system consists of a wind-driven turbine (whether roof- or tower-mounted) and associated control or conversion electronics for the purpose of providing electrical power to a privately owned lot or parcel.

(b) Wind turbine. The individual component of a wind energy conversion system that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. This term shall include the shroud and the towers or supporting structures.

(c) Building code(s). All codes, ordinances, regulations, policies and procedures, and standards adopted and enforced by the city.

(d) Fire code(s). All codes, ordinances, regulations, policies and procedures, and standards adopted and enforced by city.

(e) FAA. The use of this acronym shall denote the Federal Aviation Administration, or any other applicable authority that regulates air safety within the city's jurisdiction.

(f) Shroud. A safety device that covers the blades of a wind turbine on all sides in a manner that substantially reduces the potential that the blades would cause injury or damage to any persons, animals or items of property coming into contact with the wind turbine.

(2) Standards. All wind energy conversion systems are subject to and must comply with the following provisions:

(a) Setbacks. Minimum setbacks for wind turbines shall be:

1. A minimum of 1.1 times the total extended height of the wind turbine–as measured from average ground level of the lot to the uppermost part of the wind turbine–from the project property lines.

2. Guy wire anchors may not extend closer than ten feet from any property line.

(b) Number per lot or parcel. A maximum of two wind turbines per lot or parcel is permitted on lots or parcels less than one-half acre in size; a maximum of four wind turbines per acre are permitted on lots or parcels at least one-half acre in size.

(c) Height. Subject to the above-referenced setback requirements, the maximum total extended height of tower-mounted wind energy conversion systems–as measured from average ground level of the lot to the uppermost part of the wind turbine–is 35 feet on parcels less than five acres in size and 70 feet on parcels five acres or greater. If roof mounted, the extended height shall not exceed ten feet above the roof ridge and in no case be higher than 35 feet.

(d) Lighting. Wind system towers shall not be artificially lighted unless required, in writing, by the FAA or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground; and no strobe lighting shall be permitted, unless expressly required by the FAA.

(e) Access. All tower-mounted wind energy conversion systems must comply with the following provisions:

1. The tower shall be designed and installed so that there shall be no exterior step bolts or a ladder on the tower readily accessible to the public for a minimum height of 12 feet above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed; and

2. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

(f) Rotor safety. All wind turbines shall comply with the following rotor safety requirements:

1. Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included with the installation;

2. The minimum distance between the ground and any protruding blades utilized on a private wind turbine shall be ten feet as measured at the lowest point of the arc of the blades; and

3. All blades of a wind turbine are required to be within a shroud.

(g) Noise. All wind turbines shall comply with these noise requirements and restrictions. These levels may not be exceeded at any time, including short-term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application.

1. No wind energy conversion system or combination of wind energy conversion systems on a single lot or parcel shall create noise that exceeds a maximum of 35 decibels (dBA) at any property line where the property on which the wind energy conversion system(s) is located, or the abutting property is less than one acre; or a maximum of 50 decibels (dBA) at any other property line. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods.

2. Any wind energy conversion system(s) exceeding these levels shall immediately cease operation upon notification by the building official and may not resume operation until the noise levels have been reduced and verified by an independent third-party inspector, approved by the building official, at the property owner's expense. Upon review and acceptance of the third-party noise level report, the building official will allow operation of the affected wind energy conversion system(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by building official, after a period established by the building official.

(h) Aesthetics and maintenance.

1. Appeara nce. Wind turbines, unless subject to any applicable standards of the FAA, shall be a non-obtrusive color such as tan, sand, gray, black or similar colors. The painting or coating shall be kept in good repair for the life of the wind turbine. In addition, any changes to the approved color shall result in notification by the building official that the affected wind turbine(s) shall cease operation until a color correction has been made. If the affected wind turbine(s) are not repainted, using an approved color, within the period established by the building official, the owner shall remove the affected wind energy conversion system(s).

2. Electrical wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.

3. Maintenance. Wind turbines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards.

(i) Signs/labels. The only advertising sign allowed on the wind turbine shall be a manufacturer's label, not exceeding one square foot in size.

(j) Compliance with FAA regulations. All wind turbines shall comply with applicable FAA regulations, including any necessary approvals for installations.

(k) Certified safe. A Texas professional engineer sealed drawing, or statement shall accompany a building permit application confirming that the wind energy conversion system(s) has been designed and is planned to be constructed in accordance with accepted industry standards and certified safe.

(3) Repair and removal of wind turbines. Any wind turbine found to be unsafe by the building official or fire department shall immediately cease operation upon notification by the building official or fire department and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months. Wind turbines that are not operated for a continuous period of 12 months shall be removed by the owner of the wind turbine.

(a) When a wind turbine is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this section, non-operation shall be deemed to include, but shall not be limited to, the blades of the wind turbine remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the wind turbine is no longer connected to the public utility electricity distribution system.

(4) Mounting of wind turbines. Attachment of the wind turbine, including any support or structural components, to any building or structure shall be in strict compliance with building codes and fire codes. Galvanized steel or metal is the acceptable system for the support structures.

(5) Compliance with regulations.

(a) All wind energy conversion systems shall comply with applicable fire codes and building codes.

(b) All standards and regulations under this division (M) and other applicable fire and building codes are mandatory. Once wind turbines are permitted, the owners have the option of compliance with the standards or discontinuation of operations. If the operation of the wind turbine(s) does not comply with the provisions of this chapter, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more wind turbines.

(N) Drive throughs.

(1) Drive throughs with individual service speakers shall not be permitted within 150 feet of any residential district unless the speaker is appropriately screened by a sound abatement system. The Planning and Zoning Commission may recommend, and the City Council require wing walls, landscape screens, changes in building orientation, and/or other design elements to screen and provide noise abatement in order to minimize the impact of individual service speakers on residential districts.

(2) A stacking space shall be an area on a site measuring nine feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane shall be an area measuring a minimum of 11 feet wide that provides access around the drive-through facility. An escape lane may be part of a circulation aisle.

(a) For drive-through restaurants, the minimum stacking space for the first vehicle stop shall be 100 feet and 40 feet thereafter for any other stops. An escape lane shall be provided parallel to the drive-through lane from the beginning of the drive-through lane to the pick-up window.

(b) For dry cleaners, banks and financial services, pharmacies, and retail uses with drive-through facilities, a minimum of five total stacking spaces shall be required if one or two drive through lanes are provided. For three or more drive through lanes, a minimum of four total stacking spaces shall be required. An escape lane shall be provided in all instances.

(O) Short-term rentals.

(1) Purpose and applicability. The purpose of this chapter is to establish regulations for the registration and use of a residence or residential structure, or portions thereof, as a short-term rental, as that term is defined in the city's zoning ordinance. Nothing in this chapter, however, shall be construed to be a waiver of the requirement to assess and collect hotel occupancy taxes for any residential rental for less than 30 consecutive days, or any other applicable provision of this code.

(2) Definitions.

ADVERTISE. The written, audio, oral or other methods of drawing the public's attention whether by brochure, written literature or on-line posting to a short-term rental in order to promote the availability of the short-term rental.

CITY COUNCIL. The governing body of the City of Whitesboro, Texas.

LOCAL EMERGENCY CONTACT. An individual other than the applicant, who resides within 20 miles of the subject property, and who is designated by the owner to act as the owner's authorized agent if the owner has traveled outside of the immediate area or is otherwise unavailable. The local emergency contact should be reachable on a 24-hour basis, have access to the short-term rental property, and be authorized by the owner to act in the owner's absence to address any complaints, disturbances, and emergencies.

MAYOR. The Mayor of the City of Whitesboro, Texas, or his or her designee.

OWNER. Any person, agent, operator, firm, trust, corporation, limited liability company, partnership or business organization having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or code official of the estate of such person if ordered to take possession of real property by a court.

PRIMARY RESIDENCE. The usual dwelling place of the owner of a residential dwelling and is documented as such by at least two of the following: motor vehicle registration, driver's license, state identification card, voter registration, property tax documents, or utility bill. For purposes of this article, a person may have only one primary residence.

RECEPTION or EVENT CENTER. A commercial or nonprofit facility, whether indoor or outdoor, that can be rented to accommodate groups for parties, entertainment, conferences, conventions, exhibitions, weddings, and similar activities.

(3) Registration requirements. No person shall hereafter advertise, offer to rent, or rent, lease, sublease, license or sublicense a residential property within the city as a short-term rental for which a registration has not been properly made and filed with the building services department of the city. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information:

(a) Name, address, phone number and e-mail address of the property owner of the short-term rental.

(b) Verification that the short-term rental is the applicant's primary residence.

(d) The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with division (O)(5)(b).

(e) A submission of a sketch floor plan of the dwelling with dimensioned room layout.

(f) Site plan/survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto street, sidewalks or alleys, or other public rights-of-way or public property.

(g) A copy of the brochure that will be supplied to all future guests in accordance with division (O)(6).

(4) Inspection required. Upon initial registration, or any renewal thereof, and prior to the first rental occupant of a short-term rental, the owner is required to schedule a short term rental registration inspection of the residential structure with the city's building services department to determine compliance with the minimum property standards in this code.

(a) If only a portion of the premises is offered for rent, then that portion plus shared amenities and points of access shall be inspected.

(b) If, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation(s) and shall set a reinspection date for such violation(s) to be corrected prior to its occupancy.

(5) Restrictions on short-term rentals.

(a) External signage. There shall be no external on-site or off-site advertising signs or displays indicating the property is a short-term rental.

(b) Limit on occupants allowed. No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a short-term rental with a maximum occupancy of ten persons, adult and children.

(c) Limits on number of vehicles. There shall be a maximum of one car per bedroom, or maximum number of cars that can be accommodated within the garage and driveway, without extending over the public rights-of-way (alleys and sidewalks) whichever is less.

(d) Advertisement and contracts. Any advertisement of the property as a short-term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles.

(e) Other restrictions. The following are deemed to be unlawful:

1. Operate or allow to be operated a short-term rental without first registering the property in which the rental is to occur within the city in accordance with this chapter;

2. Operate or allow to be operated a short-term rental during a period of time in which the registration for said short-term rental has been suspended or revoked;

3. Advertise or offer a short-term rental without first registering the property in which the rental is to occur with the city in accordance with this article; documented advertisement of the subject property as a short-term rental, online or offline, shall be considered evidence of a violation of this chapter;

4. Operate a short-term rental in any location that is not the registrant's primary residence;

5. Operate a short-term rental that does not comply with all applicable city and state laws and codes, including but not limited to the noise regulations contained in this code, as amended, and those parking regulations contained in the Texas Transportation Code, as amended;

6. Operate a short-term rental without paying the required hotel occupancy taxes;

7. Offer or allow the use of a short-term rental for the sole or primary purpose of having a reception or event center, as defined herein;

8. Fail to include a written prohibition against the use of a short-term rental for having a party in every advertisement, listing, or other publication offering the premises for rent; and

9. Permit the use of the short-term rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business.

(6) Brochure and safety features.

(a) Informational brochure. Each registrant operating a short-term rental shall provide to guests a brochure that includes:

1. The registrant's 24-hour contact information;

2. A local responsible party's 24-hour contact information if the property owner is not within the city limits when guests are renting the premises;

3. Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and

4. Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates.

(b) Safety features. Each short-term rental registrant shall provide in the premises working smoke detectors in accordance with adopted codes and at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall otherwise comply with all applicable adopted building and municipal codes, including but not limited to the building and fire codes.

(7) Notification of approval of short-term rental. Within ten days of the approval of a short-term rental registration, a notice will be sent by the building services department of the city to all property owners within 200 feet of the property line and shall include the 24-hour contact number for complaints and emergencies, and pertinent information about this chapter.

(8) Registration term, fees, and renewal.

(a) All registrations approved under this chapter shall be valid for a period of one year from the date of its issuance.

(b) The fees for registration and inspection of a short-term rental shall be as established in Appendix A, fee schedule, of this chapter.

(c) Upon receipt of an application for renewal of the registration, the Building Services Department may deny the renewal if there is reasonable cause to believe that:

1. The registrant has violated any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or

2. There are grounds for suspension, revocation, or other registration sanction as provided in this chapter.

(9) Suspension of registration.

(a) The Mayor may, without warning, notice, or hearing suspend a short-term rental registration if the holder of such registration or any guest or invitee on the premises of a short-term rental covered by such registration does not comply with the requirements of this chapter. Such suspension shall be effective upon service of the notice in accordance with division (O)(12), herein, as amended, and shall be for a period of up to six months. When a registration is suspended, any short-term rental of the subject residential structure shall immediately cease. Whenever a permit is suspended, the holder thereof shall be afforded an opportunity for a hearing within 20 days after receipt by the regulatory authority of a written request for hearing.

(b) Whenever a registration is suspended, the holder thereof shall be notified in writing that an opportunity for a hearing shall be provided if a written request for hearing is filed with the city within ten days after receipt of notice. If no written request for hearing is filed within a ten-day period, the suspension is sustained. The Mayor may terminate the suspension at any time if reasons for suspension no longer exist.

(10) Revocation of registration.

(a) Upon three violations within a five-year period by a holder of a short-term rental registration or any guest or invitee on the premises of a short-term rental covered by such registration, the Mayor may, after providing opportunity for a hearing, revoke a short-term rental registration.

(b) Prior to revocation, the Mayor shall notify, in writing, the permit holder or the person in charge, of the specific reason(s) for which the short-term rental registration is to be revoked and that the registration shall be revoked at the end of the ten days after service of such notice unless a written request for a hearing is filed within the ten-day period. If no request is filed within the ten-day period, the revocation of the registration becomes final.

(c) The holder of the revoked registration may make written application for a new registration no sooner than one year after the date of revocation.

(11) Hearings.

(a) The City Council shall hear all appeals taken under this chapter for denials, revocations and suspensions.

(b) The Mayor shall designate the time and the place for the hearings provided herein. Based upon the evidence presented at such hearing, the City Council shall make a final finding by sustaining, modifying, or rescinding any notice or order considered in the hearing. The City Council shall furnish a written report of the hearing decision to the permit, license, or certificate holder.

(12) Notice of hearings. The notice provided for in this chapter is properly served when it is hand delivered to the registration holder, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the registration holder.

(Ord. 1249, passed 8- -25)

§ 154.041 SUPPLEMENTARY DISTRICT REGULATIONS.

(A) Accessory buildings. The following regulations shall govern the location, size, and use of any accessory buildings:

(1) No accessory building shall be erected in any required yard area as stipulated in this chapter, except as allowed in the following divisions.

(2) No accessory building shall be erected within ten feet of any other building, except: detached residential garages may be located within five feet of the main dwelling, and the provisions of division (A)(5) below are met.

(3) No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.

(4) No detached residential garage or carport shall be erected or placed within eight feet from any side lot line.

(5) Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building but shall not encroach in any required front yard and may not occupy more than 30% of the rear yard.

(6) No accessory building shall be used for dwelling purposes other than by domestic employees employed on the premises, as provided in the applicable zoning district.

(7) No accessory building shall be higher than the main building and in no case be in excess of 18 feet in height.

(8) No accessory building shall be erected or placed within five feet of any side or rear lot line and shall not encroach upon any easement.

(B) Front yard adjustments. Front yard requirements as established in Appendix 1 (zoning district area regulations) may be adjusted where 40% or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten feet or less), a front yard greater or lesser in depth than herein required; new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

(1) Open or lattice-enclosed fire escapes may project into a required yard not to exceed five feet. The ordinary projections of a chimney's pilasters shall be permitted by the city's building official when placed so as not to obstruct light and ventilation.

(2) Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four feet from the side wall line, above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least two feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight feet from the front or rear wall line.

(3) An unenclosed porch containing not more than 40 square feet may project into a required front yard for a distance not to exceed five feet.

(4) A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed except for necessary structural supports, and not less than five feet from any side lot line.

(5) Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding 12 inches, or as otherwise excepted in divisions (1) through (4) above. Roof eaves may project in required side yards not to exceed 24 inches.

(D) Waiver of strict compliance with masonry requirements. An existing or proposed use that includes or is proposed to include one or more buildings with exterior walls that are normally constructed with materials that are consistent with regionally or nationally recognized commercial brand architectural design may apply in writing to the City Council for a full or partial waiver of any masonry requirement that applies to such exterior walls. The City Council by ordinance may grant such a full or partial waiver if:

(1) The City Council finds that the design will not negatively impact the surrounding properties; and

(2) The request is deemed by the City Council to be appropriate and desirable for the overall design and direction of the city and not directly in conflict with the city's comprehensive zoning plan.

(E) Residential architectural standards.

(1) House repetition.

(a) Within residential developments, single-family homes with substantially identical exterior elevations can only repeat every four lots when fronting the same right-of-way including both sides of the street.

(b) Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations.

(2) Roofs.

(a) Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least one foot beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12".

(b) Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, wood shingles, wood shakes or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty.

(3) Garages. On front entry garages the face of a garage may not: (i) be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; or (ii) be over 60% of the total frontage width of a house except where swing drives ("J" drives) are used. Porches or columns are not considered part of the front elevation of the primary living area.

(4) Building articulation. At least four facade articulation techniques are required on each single-family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation:

(a) A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet);

(b) Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas;

(d) Front porch of at least 50 square feet;

(e) The installation of at least two coach lights; and

(f) Other techniques for building articulation can be substituted if administratively approved by the administrative official.

(5) Fenestration.

(a) Windowless exterior walls, excluding garage doors, that face a public right-of-way, or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second story facing a public right-of-way.

(b) Windows shall be in harmony with and proportionate to the rest of the structure.

(c) The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater.

(6) Exceptions to the residential architectural standards in this section may be only occur after application and review by the planning and zoning commission and approval by the City Council by specific use permit.

(F) Requirements for solid waste collection.

(1) Applicability. This section shall apply to property utilized for non-residential or multi-family uses and shall not apply to the following:

(a) Community recycling locations as permitted by the city.

(b) Containers for onsite construction debris with a valid permit issued by the City of Whitesboro Building Department.

1. The development is authorized for solid waste collection utilizing 90–96-gallon residential-type carts.

2. The development is located within the CBRD (central business redevelopment district) zoning district, or the development is within a planned development district that permits, by stipulation, the use of 96-gallon residential-type carts for solid waste collection.

(d) Donation containers.

(e) Declared disasters in the City of Van that create solid waste disposal issues until the disaster status is rescinded.

(f) Containers authorized through a special event permit.

(2) Provision of locations for solid waste containers space for solid waste containers, including compactors, must be provided as follows:

(a) Quantity. A minimum of two containers per lot to accommodate both refuse and recycling.

(b) Location. One or more required container locations may be offsite in a permanent easement within 150 feet of the building as determined sufficient through the site plan approval process.

(3) Screening and site design standards.

(a) Screening and placement. Screening and placement for solid waste containers must be consistent with § 154.060 and Landscape ord.

(b) Use. Enclosures for containers must only be used for purposes related to solid waste.

(c) Maintenance. All screening devices must be continually maintained in a state of good repair. Living screens must be maintained in compliance with Landscape ord.

(d) Parking reduction. The number of required parking spaces in § 154.044 may be reduced to accommodate commercial recycling and community recycling containers for sites developed prior to July 1, 2020. Required parking shall not be reduced without submittal and approval of an amended site plan.

(e) Site plan review. Solid waste container locations built to design standards shall be identified on concept plans and site plans. Solid waste containers shall not be added to existing sites and/or to new site plans approved for future development without submittal and approval of an amended site plan.

(Ord. 1249, passed 8- -25)

§ 154.042 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.

(A) Building permits required. No building or other structure shall be erected, moved, added to, enclosed, or structurally altered without a permit therefor where applicable, and issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this chapter, unless he or she receives a written order from the Planning and Zoning Commission or City Council in the form of an administrative review, special exception, or variance as provided by this chapter.

(B) Application for building permit. All applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on a lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans shall be returned to the applicant by the administrative official, after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

(C) Expiration of building permit. If the work described in any building permit has not begun within six calendar months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the administrative official; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. Failure by the administrative official to provide such written notice shall not have an effect on the expiration of a building permit.

(D) Certificate of occupancy required. The city deems it unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this chapter.

(1) No permit for erection, alteration, moving, or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(2) A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(3) The administrative official shall maintain a public record of all certificates of occupancy.

(4) Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under this chapter.

(E) Construction and use to be as provided in applications, plans, permits, and certificates of occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, or construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by this chapter.

(F) Certificates of occupancy required for use or change of use.

(1) Certificates of occupancy shall be required for the following:

(a) Occupancy and use of a building hereafter erected or structurally altered;

(b) Change in use of an existing building to a use of a different classification;

(d) Change in the use of land to a different classification;

(e) Any nonconforming use or change in a nonconforming use.

(2) No such use, or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the building official.

(G) Procedure for new or altered buildings. Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued with ten days after a written request for the same has been made to said building official or his or her agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

(H) Procedure for vacant land or a change in building use. Written application for a certificate of occupancy, or for the change in use of land or a building, or for a change in a nonconforming use to a conforming use, as provided herein, shall be made to the building official. If the proposed use is a nonconforming use, as provided herein, application shall be made to said building official. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within ten days after the application for same has been made.

(I) Contents. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the building official or his or her agent and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

(J) Temporary certificate. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the building official for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter.

(K) Certificates of occupancy for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter that would apply to the nonconforming use, but for its status as a nonconforming use. Application for such certificate of occupancy for a nonconforming use shall be filed with the building official by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter. If the city does not receive an application for a certificate of occupancy for nonconforming use within said time period, an irrebuttable presumption shall arise that the use in question does not constitute a nonconforming use, but an illegal use.

(Ord. 1249, passed 8- -25)

§ 154.043 SPECIFIC USE PERMIT.

(A) General provisions.

(1) (a) As permitted under the provisions of this chapter, a property owner may petition the city for a specific use of property, as authorized by the zoning district in which the property is located. Such petition shall be considered by the Planning and Zoning Commission. After proper notice and a public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council regarding any application for a specific use permit.

(b) The City Council may, after public hearing and recommendation by the Planning and Zoning Commission, and after conducting a public hearing as is required for all amendments to the zoning ordinance, authorize for specific parcels of land the issuance of a specific use permit, in those districts where it is indicated that a specific use permit for a specific type of use may be approved.

(2) (a) The designation of a specific use permit as possible in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public.

(b) If the use granted by the specific use permit has not been initiated on the parcel within one year from the date of issuance of the specific use permit, the specific use permit automatically terminates and the parcel loses the use permitted by this specific use permit and only those uses permitted by the current base zoning shall be permitted; provided, however, the City Council may, after public hearing and recommendation by the Planning and Zoning Commission, and after conducting a public hearing as is required for all amendments of the zoning ordinance, authorize an extension of the time that the specific use permit will continue in force and at the end of that time the specific use permit automatically terminates unless the same procedures as above are complied with and in which case an additional extension may be granted.

(c) Should the use as granted by the specific use permit on the parcel be vacated, the specific use permit shall remain in place for a period of 60 days from date of vacation. At the end of 60 days from date of vacation, the specific use permit shall terminate and may only be extended through the above-named procedure. If the permitted use is reinstated within 60 days from date of vacation the specific use permit shall remain in place.

(B) Conditions for approval of specific use permit.

(1) In considering and determining its recommendation to the City Council relative to any application for a specific use permit, the Planning and Zoning Commission shall require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.

(2) The Planning and Zoning Commission may recommend to the City Council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangement, location or construction of buildings and uses and operation be required.

(3) The City Council may in the interest of the public welfare and to assure compliance with the intent of this chapter, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.

(4) A site plan setting forth the conditions specified is required of the applicant and such plan when accepted shall be made part of the amending ordinance.

(5) A specific use permit approved under the provisions of this chapter shall be considered as an amendment to the zoning ordinance as applicable to the property involved. Any of the conditions contained in a specific use permit shall not be construed as conditions precedent to the approval of the zoning amendment but shall be considered as conditions precedent to the granting of a certificate of occupancy and compliance for the specific use provided for.

(6) In considering and determining its recommendation to the City Council relative to any application for a specific use permit for any use involving the sale, serving or distribution of beer, wine or liquors, the city staff and the Planning and Zoning Commission shall require that the property must be in an already established subdivision or must be platted as part of the development process prior to the granting of the permit. Plans submitted must include:

(a) An exact artist's rendering of the proposed building, which shows initial landscaping, signs, and other important features;

(b) An architect's elevations of the front and sides of the building;

(c) A site plan drawn to scale, showing all parking, landscaped areas, sign locations, ingress and egress and other important features;

(d) An exact description of the type of signing proposed at the site;

(e) A narrative description of the planned activities in the establishment, particularly the projected breakdown of revenues between food sales and liquor sales; and

(f) An interior layout of the building showing proposed walls, bar, eating areas, kitchen, etc.

(7) When the City Council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by an "S" designation.

(8) Every specific use permit granted under these provisions shall be considered as an amendment to the zoning chapter as applicable to such property under consideration so long as all conditions imposed at the time of granting said permit continue to be met and no substantive change in the use of the property occurs. In the event the building, premises, or land use under the specific use permit is voluntarily vacated for a period in excess of 90 days, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate specific use permit is granted for continuation of the same.

(9) In granting a specific use permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such specific use permit; and such conditions are not precedent to the granting of a specific use permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

(10) No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing (or drawings).

(11) A building permit shall be applied for and secured within six months from the time of granting the specific use permit, provided, however, that the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission, except in the case of a private street development which shall have no limit regarding the application and securing of a building permit.

(12) No building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alterations, or change.

(13) The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.

(14) All specific use permits issued by the city shall be transferable from one owner or owners of the subject property to a new owner or occupant of the subject property.

(15) The cost of the application for a specific use permit will be as set forth in the fee schedule in Appendix A of this chapter and such fee will be nonrefundable, even if the case is withdrawn by the applicant.

(Ord. 1249, passed 8- -25)

§ 154.044 PARKING SPACE REGULATIONS.

(A) Automobile parking space regulations. Whenever any ordinance, regulation, or plan enacted or adopted by the City Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise, off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.

(1) (a) Except as otherwise provided in this section, off-street parking spaces shall be provided as follows:

Land Use	Minimum	Additional Provisions
Residential Uses
Dwellings, single-family	2 per dwelling unit	2 must be covered
Dwellings, duplex	2 per dwelling unit	2 must be covered
Dwellings, multi-family	2 per dwelling unit	75% of required parking must be covered, plus 0.25 per dwelling unit for visitor parking and evenly dispersed
Commercial Uses
Amusement facilities	10 per 1,000 sf GFA
Assisted living facilities	1 per 2 beds
Automotive repair and service	4 per 1,000 sf GFA	Service bays not to count toward required parking
Automotive rental and sales	4 per 1,000 sf GFA	Does not include parking spaces for vehicles for rent or sale
Banks and financial services	3.5 per 1,000 sf GFA	See § 154.036(N) Drive Throughs
Commercial Uses Cont’d
Bars and pugs; brewpubs, private clubs, and tasting rooms	10 per 1,000 sf GFA
Brewery, distillery, winery	2 per 1,000 sf GFA	See tasting room for areas where customers drink or sample the products
Car washes	5 per 1,000 sf GFA	Wash bays do not count toward required parking. 3 stack spaces per service/automatic bay for car washes
Clinics and doctor’s offices	5 per 1,000 sf GFA
Contractor yards and lumber yards	1 per 5,000 sf of sales lot area	Minimum of 10 spaces
Day-care centers	1 per 5 pupils	Plus 5 stacking spaces per pickup lane, minimum of 5 spaces total
Dry cleaners	4 per 1,000 sf GFA	See § 154.036(N) Drive Throughs
Gas stations and convenience stores	5 per 1,000 sf GFA	Space at pumps does not count toward parking requirement, must provide adequate space for vehicle stacking and maneuvering. The Zoning Administrator will make a determination on questions of applicability. The Zoning Administrator is authorized to make such determination in accordance with § 154.003(B)
Gyms, spas, studios; health clubs	8 per 1,000 sf GFA	See below: Swimming pool/deck
Hotel, motels	1.25 per room	Plus 1 parking space for every 200 square feet of restaurant, retail, conference, or office area
Hospitals	1.5 per room
Meeting halls	1 per each 3 seats in the main assembly hall	If no fixed seating is proposed, 1 parking space per every 50 sf GFA in the main assembly hall. Or, 1 per 2 seats in main assembly hall, whichever is greater
Mortuaries	5 per 1,000 sf GFA
Offices	3 per 1,000 sf GFA
Outdoor markets	5 per 1,000 sf of sales lot area
Plant nurseries	4 per 1,000 sf GFA	Plus 1 per each 5,000 square feet of exterior sales lot area
Personal services	4 per 1,000 sf GFA
Retailers	4 per 1,000 sf GFA
Restaurants	10 per 1,000 sf GFA; parking may be reduced during site plan review to no less than 3 per 1,000 sf GFA by the Planning and Zoning Commission for drive through service	See § 154.036(N) Drive Throughs
Self-service warehouse	1 per 20 storage cubicles	Plus 1 per 1,000 sf GFA of office and 2 per living quarters
Theaters and auditoriums	1 per each 3 seats in the main assembly hall	If no fixed seating is proposed, 1 parking space per every 50 sf GFA
Industrial Uses
Manufacturing	2 per 1,000 sf GFA	Minimum of 10 spaces
Salvage yards	1 per 5,000 sf of lot area	Minimum of 10 spaces
Recycling centers	0.5 per 1,000 sf of GFA	1 per 5,000 sf of outdoor storage, minimum of 10 spaces
Warehouses	0.5 per 1,000 sf of GFA	1 per 5,000 sf of outdoor storage, minimum of 10 spaces
Institutional Uses
Churches, mosques, and temples	1 per each 3 seats in the main assembly hall	If no fixed seating is proposed, 1 parking space per every 50 sf GFA in the main assembly hall
Colleges and universities	1 per 2 students	Plus 1 per each classroom, laboratory, or instruction area
Elementary and middle schools	2.5 per classroom	Plus, adequate stacking for buses and student drop-off and pickup, and 1 space per 4 seats capacity of largest assembly hall. The Zoning Administrator will make a determination on questions of applicability. The Zoning Administrator is authorized to make such determination in accordance with § 154.003(B)
Fraternal buildings	1 per each 3 seats in the main assembly hall	If no fixed seating is proposed, 1 parking space per every 50 sf GFA in the main assembly hall
Government buildings	3 per 1,000 sf GFA	Does not include necessary spaces for fleet vehicles
High schools	8 per classroom	Plus, adequate stacking for buses and student drop-off and pickup and 1 space per 4 seats capacity of largest assembly hall. The Zoning Administrator will make a determination on questions of applicability. The Zoning Administrator is authorized to make such determination in accordance with § 154.003(B)
Libraries	4 per 1,000 sf GFA
Utility providers	3 per 1,000 sf GFA	Minimum of 5 spaces
Recreational Uses
Driving ranges and shooting ranges	2 per lane	Plus, separate requirements for retail parking, office parking, country club parking, and other uses as applicable. The Zoning Administrator will make a determination on questions of applicability. The Zoning Administrator is authorized to make such determination in accordance with § 154.003(B)
Golf courses	4 per hole	Plus, separate requirements for retail parking, office parking, country club parking, and other uses as applicable. The Zoning Administrator will make a determination on questions of applicability. The Zoning Administrator is authorized to make such determination in accordance with § 154.003(B)
Parks	Per Parks Board determination
Swimming pools	10 per 1,000 sf of gross water surface and deck area
Unlisted Uses	The Zoning Administrator will make a determination on the required number of spaces for an unlisted use based upon demonstrated need, industry standards, and a parking ratio that will not result in a deficiency

(b) The required yard setbacks for any building shall not be included in calculating the minimum space requirements for off-street parking.

(2) Where a building or a site contains two or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use.

(3) Each business, commercial, manufacturing or industrial use having deliveries made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m., or where the time of loading and unloading materials or goods exceeds ten minutes between those hours, shall provide off-street truck loading space on the lot, such space to be not less than 35 feet in length, 12 feet in width, and 15 feet in height.

(4) For the purpose of this division, one parking stall shall be not less than 180 square feet in area, together with whatever area is required for means of ingress and egress thereto, except that in the case where attendants perform the act of parking in defined and adequate stalls then each such stall shall be considered a parking stall as required herein.

(5) A driveway for access to any single parking space or to a parking lot shall be not less than 11 feet in width, nor more than 30 feet in width, at the property line along the street and shall be so located as to minimize traffic hazard and congestion.

(6) All required parking stalls shall be located on the premises to which such requirement applies or within an off-street space distance not more than 500 feet from such premises, provided that such stalls as are required for employees and proprietors of any premises may be located within an off-street space distance not more than 1,000 feet from such premises except as otherwise provided in this subsection or other sections of this chapter.

(7) Provision of parking stalls, shared jointly by several persons in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements, provided that where it is found by the City Council, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a theater generating demand for parking during such daytime hours, and in similar cases, the council may reduce the total of number of parking stalls to be jointly provided.

(8) All parking spaces required for any use and provided in compliance with the provisions of this division on the same lot or plot as that occupied by such use, shall be considered to be required spaces for the use or uses to which appurtenant and shall not be reduced or encroached upon in any manner.

(9) The surface of parking stalls and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to city specifications.

(10) In a case where existing off-street parking facilities have unused parking capacity and where such facilities are open to the use of the public free of charge or at reasonable rates, the Board may reduce the parking space requirements for any use distance not more than 800 feet from such facility or facilities, provided that the total number of stalls in such reduction shall be not greater than the total number of stalls of unused capacity.

(11) In a case where any public or private off-street parking facility, to be open to the use of the public free of charge or at a reasonable rates, is planned or is in process of development and where the Council has reasonable assurance that such development will be carried to completion and will when completed relieve the parking demand in an area within 500 feet thereof in some measure or in full measure, the Board may establish a reasonable time period within which any use or uses within such area shall provide required space for parking stalls. Upon completion of all or a portion of such development, the provision of the division above, may be applied by the Council.

(12) In a case where the customary mode of transportation of a majority of the patrons, employees, and proprietors of any use, to and from the area in which such use is located, is other than by private automobile, the Council may reduce, by not to exceed 50%, the space required for parking stalls for such use.

(13) In a case where it is clearly shown by the applicant to the satisfaction of the Council that the provision of the amount of space required herein for parking stalls, due to the particular nature of the proposed use or other condition, would be an unnecessary hardship, the Council may reduce such requirement.

(14) In determining the required number of parking spaces, fractional spaces shall be counted to the nearest whole space.

(B) Residential off-street parking.

(1) Purpose. The city recognizes that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this division is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the city.

(2) Definitions and restrictions. The city deems it illegal for any person to park or to allow to be parked on any property under his or her control any automobile, bus, truck, motorcycle, motor home, camper, trailer, boat or any vehicle on any portion of a front yard or side yard of any area which is zoned SF-60 under this chapter unless:

(a) Said area is a part of a hard-surfaced driveway or parking area;

(b) Said area is a part of a gravel driveway bordered by cement curbing or similar permanent border;

(c) Said area is a part of a required driveway that provides access to a garage, carport or off-street parking area required by this chapter;

(d) Said area is part of a side yard which is enclosed by a screening fence at least six feet in height and so constructed that no person can see through into the area surrounded by the fence;

(e) The term VEHICLE as used herein shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved exclusively by human power. The term HARD-SURFACED as used herein shall include cement, asphalt, brick and other commonly accepted pavement which may be approved by the building official;

(f) A single-width driveway running from the street access to a garage or other parking area shall not utilize more than 15% of any residential front yard, except for front yards with a front footage width of less than 70 feet, in which case the maximum width for a single driveway shall be 11 feet;

(g) A double-width driveway running from the street access to a garage or other parking area shall not utilize more than 27% of any residential front yard; provided, that the maximum width of a driveway shall not exceed 24 feet in any case and shall not exceed 18 feet for front yards with a front footage width of less than 70 feet;

(h) A triple-width driveway running from the street to a garage or other parking area shall not utilize more than 33% of any residential front yard; provided, that the maximum width of a driveway shall not exceed 30 feet in any case, and shall not be permitted for front yards with a front footage width of less than 80 feet;

(i) A drive apron means the connection between a driveway and the traveled portion of a street, in the public right-of-way, including any sidewalk area abutting thereon; or

(j) Circular driveways used for turnarounds or through traffic shall not utilize more than 30% of any residential front yards or corner side yards, with a front footage of less than 80 feet.

(1) No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building, on a driveway, or in a required side or rear yard; provided, however, that such equipment may be parked anywhere on a residential premises not to exceed 24 hours during loading or unloading.

(2) No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, except for the temporary housing of guests not to exceed two consecutive weeks.

(3) For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

(Ord. 1249, passed 8- -25)