HomeMy WebLinkAboutPZ2024-3DATE: February 26, 2024
TO: Planning Commission and City Council
FROM: Demi Engman, Planning Manager
SUBJECT: Consider o request for amendments to the Zoning Ordinance concerning yard
requirements for planned unit and cluster housing developments, Sections
28O4.004and 2Q.O4000.
FILE: pZ2024'3
STAFF REPORT
The City of Beaumont administration requests approval to amend Sections 28.04.004 and
28.04.008 of the City of Beaumont Code of Ordinances to reduce the minimum required
setback in PUD (Planned Unit Development) zoning districts and cluster housing developments.
A setback is a required buffer from the closest edge of permanent structure to the nearest
property line. Our ordinances for PUD and cluster housing currently require a minirnum front
yard setback of twenty-five (25) feet from all public street rights -of -way and the boundary of
the development.
Section 28.03.023(b) District area and height regulations identify exterior side setbacks
measuring at ten (10) feet in other zoning districts to be adequate distance to avoid sight
obstructions. It is typical of PUD and cluster housing developments to house individuals who
wish to have smaller yard space with larger homes, which are commonly referred to as patio
homes. To meet emerging development trends and community needs, staff requests the
Staff recommends approval of the request.
Exhibits are attached.
T E X A S
MEMO
PLANNING & COMMUNITY
DEVELOPMENT
TO: Planiiing Connnission and Council
FROM: Denu Enginan, Planning Manager
SUBJECT Discuss yard requirements for planned unit and cluster housing
developments.
DATE: January 22, 2024
The general purpose of the PUD (Planned Unit Development) District is to encourage the unified
design of residential, conamercial, office, professional services., retail and institutional uses and
facilities or combinatlons thereof in accordance with an approved comprehensive development
plan. The district provides for greater flexibility in the design of buildings, yards, courts and
circulation than provided by other districts. Siniilarly, cluster housing developments are
residential developments containing attached or detached units on limited portions of land with
the remaining land areas consolidated into common open space areas. It is typical of these types
of developments to house individuals who wish to have smaller yard space with larger homes,
which are commonly referred to as patio homes.
Currently, our ordinances mandate a twenty-five (25) foot front yard setback to all structures
within the PUD district and cluster housing. developments per Sections 28.03.016 and
28.04.008(b)(1). Section 28.03.023(1 District area and height regulations identify exterior side
setbacks measuring ten (10) feet in other zoning districts to be adequate distance to avoid sight
obstructions. In an effort to meet emerging devclopmcnt trends and communitT needs, staff is
looking into updating the ordinances to acconiniodate flexibility in and size for such
developments.
It should be noted, cluster housing developments inust obtain and approved and recorded plat
prior to development and commercial structures built in the PUD district require a Specific Use
Pennit. prior to development.
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§ 28.04.004 Planned unit development standat-ds and i-equil-einents.
(a) General plyn. Prior to the issuance of a specific use permit or any building permit for property located
in a PUD, Plamied Unit Development District., a general land use and density plan must. be subni1tted to
the planning commission. The plan shall include a schematic land use plan identifying proposed general
uses, densities, major open spaces, circulation and access features, and a statement indicating proposed
phasing of development and the projected timing of each phc-tse. The planning commission shall forward
the plan with its recomn-iendation to the city council. The applicant shall pay a processing fee of one
bund red dollars ($ 10 0. 0 0).
Advert i senient and public hearings shall be held by the planning commission and city council in accordance
with the notification procedure set forth for a rezoning application.
(b) Size. A PUD, Plaraied Unit Development District, niay be authorized only on sites containing five (5) or
niore acres of land. However., sites less than five (5) acres will be considered on merit with a specific
use permit.
(c) Chtster hou If the proposed development contains cluster housing, the mininium standards and
requirements set forth for cluster unit housing developments set forth in section 28.04.008(b)(1) of this
chapter shall apply.
(d) Hey cind.,periphercil 1wrd requi . reineills.
(1) Height. Structure and buildings located in a Plaimed Unit Ivelopli-tent District shall not exceed thirty-
five (35) feet, without specific authorization and approval from the city council.
- f, I from any
(2) Yarcls. All buildings and structures shall be set back not less than It It %.; I L %� L.1 I %.f ��feet
Len 10) furpniNTC
peripheral property line or street right-of-way.
(Ordinance 81-17, see. 1, adopted 3/10/81; Ordinance 98-7, see. 8, adopted 2/3/98; 1978 Code, see. 30-29)
rYTI
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§ 28.04.009 Special conditions,
(a) General. The following sections describe the special conditions under which certain uses are permitted
in a zoning district when reference is made to one or inore of said sectiojis in the chapter. A building
permit or certificate of occupancy shall not be issued for any permitted use with "special conditions"
until all of the required conditions, have been met.
(b) S pecial conditions by use.
(1) Chister houshIg clevelopinents.. Cluster housing developments shall meet each of the following
conditions:
(A) Ai-eq. The site shall contain two (2) or more acres of land.
(B) DensiqL "I'he minimum average net land area per dwelling unit shall be governed by section
28.03.024(b), but shall not include public and private streets in the development.
(C)
C% II -rl -% Yards.. A mininium c-ten-foot yard or open space area shall be required from all public street
rights -of -way and from the boundary of the development. A minimum yard of ten (10) feet shall be
established between all unattached dwellings.
(D) Lol area cind yords. Individual lots are exempt from the minimum lot area and yard regulations
otherwise imposed in this chapter.
(E) Connnon, open Vyce. 'I"here shall be a minimum of one thousand (1,000) square feet of usable common
open space per dwelling Unit iDthe development. Con-mion open space must be usable for recreational
activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet.
(F) F inciIcit. A recorded final plat covering all the area of a cluster housing development shall be required
before a building permit shall be issued.
(6) Deyclopinent physes. A description of planned development phases shall be included in the application
for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled
phase of development shall include a reasonable proportion of required common open space.
(H) Co-mynei-s ) cissocicition and cissessinents. A co -owners' association or other legal entity shall be created
to provide for the retention and perpetual maintenance of all comillon open space, private utilities and
private streets and approved by the city attorney. There shall be a declaration creating an association of
co -owners, whether called by that name or any other, the membership of which shall be composed of all
owners of lots or other -units within the perimeter of the development. Voting within the association may
be weighted in any mamier., except that provision shall be made that upon the conveyance of all lots or
other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote.
The word ",owner" shall mean the record owner, whether one or more persons or other unit which is a
part of the development, including sellers tinder contract for deed, but excluding those having such
interest as a security for the performance of an obligation. There shall be a declaration that each owner
of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or
not, be deemed to covenant and agree to pay to the association the following mininiun-I assessments and
maintenance fees.
(i) Pilycite street wgirl enance. An assessment for ordinary n-iaintellance and also a special assessment for
capital improvements and extraordinary maintenance and repair of all private streets within the
developnient. The word "street" as used in this subsection shall mean all paved or unpaved roads open
to all owners of the development, so designated on the plat of the development, as distinguishcd from
private driveways leading into one or more lots or other units.
(10 Uliflli� ivaler and seiver assessinents. A monthly assessment for each owner's pro rata share of the
monthly utilities which may be metered or sold to the development as a unit; provided, however, that in
the event one or more utilities are not provided to all owners within the devclopment, the declaration
may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In
addition to the monthly assessment hereinabove provided, there shall be declared provisions for special
assessments for ordinary maintenance and repair, as well as a special assessment for extraordinallY
maintenance and repair, as well as capital improvements for, all sewage collection systems and watcr
lines shared in common by, and servicing in common, all owners within the development, as
distinguished froin lines which serve only one or more units. Declarant may choose to dedicate water
and sewer easements for water and sewer collection systems shared in common by all owners of the
development that are within the perimeter of the development to the public, and, providing such
dedication is accepted by the city, no assessment for the maintenance of water and sewer collection
systems shared in common by the owners of said development shall be required.
(iii) Myron encince ofcoininon open space. The applicant shall also submit a scheme, subject to the approval
of the city council, for assuring continued retention and perpetual maintenance of common green areas
for as long a time as the development exists. The approved documents embodying restrictive covenants,
deed restrictions or other methods of giving such assurance shall be filed for record in the county clerk's
office at such times as the commission or council directs.
(2) Achilt entertyinnient uses. The following special conditions and regulations shall apply for adult
entertainment use without regard to whether the adult entertainment use is a primary or accessory use.
Adult entertairmient. uses are those which exclude minors by virtue of age under the state Penal Code
unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not
be limited to., adult motion picture theaters, massage parlors, nude inodeling studios, nude photography
studios, adult bookstores, or eating and drinking establishments which have sexually oriented
entertaim-nent such as go-go dancers, exotic dancers,, strippers or other similar entertainers.
(A) An adult entertailu-rent use shall not be established or expanded within. one thousand five hundred
(1,500) feet of any dwelling.
(B) An adult entertainment use shall not be established or expanded within three hundred (300) feet of any
. other adult entertaiiui-ient use, bar, pool hall, or liquor store.
(C) An adult entertaim-nent use shall not be established or expanded within one thousand five hundred
(1,500) feet of a church, child care facility, school, hospital, public building, or public park.
(D) Thc method of measuring the distance between an adult entertahu-rent use and anothcr adult
entertain-nient use or any other use shall be from nearest property line to nearest property line of said
uses.
(E) Eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and videotape
rental (SIC 7841) that rents adult videotapes shall not be allowed in the RCR, NC, NSC, GC -MD and
GC-MD-2 Districts.
(3) Swinnning pool Exception for private recreation facilities under subsection (8) below.
(A) If located in any residential zoning district, the pool shall be intended and used solely for the enjoyment
of the occupants of the principal use of the property on which it is located and their guests.
(B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool
Shall not be located closer than five (5) feet to any property line of the property on which located.
(C) The swimming pool shall be enclosed by a wall or fence six (6) feet in height with locking gates.
(4) Allobile hoine. A mobile home shall be permitted only ill a Mobile home park or a mobile home
subdivision or as a single-family use for seCLIrit3I caretaker housing on property and facilities used as a
governiiiental. or public school district use through a specific use perillit.
(5) Guryge apyrtinenty. Garage apartments that are occupied by members of the family of the occupant of
the principal dwell ing and that meet all yard, open space, and off-street parking requirements that are
perinitted.
(6) Seryant's or caretakers quartei-s. Accessmy dwellings are p ermitted only if located in the rear of a
principal building oii the same. lot and only if conforming with all the yard, open space, and off-street
parking requirements.
(7) 4ccesyory by7clings 1 ,_ An accessory building may be erected as an integral part of the pr1'ilcip-r-11 building
or erected detached from the principal building and it may be connected therewith by a breezeway or
similar structure. An accessory building attached to the main building shall be made structurally a part
and have a common wall with the principle building and shall comply in all respects with the
requirements of this chapter applicable to the main building. When a property owner owns two adjacent
lots and wishes to erect an accessory building on the lot that does not contain the main. building, the
accessory building must straddle the adjoining lot line. Any utility service to an accessory building shall
not be serviced from the main building. No separate utility meter will be allowed oil an accessory
building.
(8) Priycite recreation fcicifl�� Priwate recreation facilities in residential districts shall for multifamily
developments, subdivisions, or homeowners' associations be restricted to use by the occupants of the
residence and their gucsts, or by members of a club or homeowners' association and their guests, and
Shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet
ball, croquet, and telmis courts, and meeting or locker rooms. Private recreation facilities shall not be
located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting
property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food
and beverages -,shall be permitted on the premises only for the benefit of users of the recreation facility
and not for the general public. Off-street parking shcall be required on the basis of each four thousand
(4,000) square feet of area devoted to recreational use with a minimum of four (4) spaces and a
maxinium of twenty (20) spaces.
(9) 11-yto repair ggi-qge.. Automobile repairing, painting, upholstering and body and fender work shall be
performed only under the following conditlolls*.
(A) All body and fender repairing shall be done within a completely enclosed building or room with
stationary windows that inay be opened only at intervals necessary for ingress and egress;
(B) No spray painting may be done except in a building or roon-i specially designed for that purpose;
(C) All other auto repairing, etc., shall be conducted within a building enclosed oil at least three (3) sides.
(10) Tepiporurjby1ching fficilit..Before a specific use permit may be granted for a temporary hatching
facility, the city council shall find that such batching plant, yard, or building is both incidental to and
necessary for construction within two (2) milcs of the plant. A specific use permit may be granted for a
period of not more than one hundred and eighty (180) days, and approval shall not be granted for the
san-ie location for more than four (4) specific use permits during any thirty -month period. Within thirty
(30) days following the termination of any batching plant, the permiftee shall cause the site to be
returned to its original condition.
(11 slyurant. "I"he sale of alcoholic beverages shall be permissible only as an adjunct, minor and
incidental use to the primary use which is the sale and service of food unless the restaurant is located in
a district which permits drinking places as a use of right.
(12 ces. Office development in the OP, Office Park District, shall be sub . ect to the following additional
supplemental conditions:
(A) A mininium ten -foot landscaped open space buffer strip shall be provided along any property line which
abuts a residential zoning district.
(B) A minimum twenty -five -foot landscaped open space area shall be provided in the required front yard
and also in the side yard if the property is a corner lot.
(C) No parking spaces shall be located in the minimum front yard or side yard if the property is a corner lot,
and driveways shall provide direct access to any parking areas.
(D) All lighting shall be so situated as not to reflect light on any residential property.
(E) Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed
ninety (90) percent of the total lot area.
(F) Storefront, show window, or display window effects shall not be permitted and there shall be no display
from windows or doors and no storage of merchandise in the building or on the premises except in
quantities customarily found in a professional or business office.
(13) RenflLig equipment. Special use permits are not required for the rental of equipn-ient in a zoning district
that permits the sale of the equipment as a right.
(14) A ccessoi-j) pyrkhM. Accessory parking of vehicles with more than two (2) axles or that have a rated
carrying capacity in excess of two (2) tons, other than recreational vehicles, shall not be allowed in
residential zoning districts.
(15) Storage limitylions. In a GC -MD District a towing service shall ojily be permitted to store not more than
ten (10) vehicles on the lot or premise on which it is located as a use of right. Storage of more than ten
(10) vehicles shall be permitted only with a specific use permit.
(16) Heliports cind hel Heliports and helistops, as defined in section 28.01.004(b), are subject to the
requirements of article 14.02, division 2 of the Code of Ordinances.
4
(17) Vetei-inary seryices._ Veterinary services and clinics in RCR, NC, NSC, GC -MD, GCM1 -2 and CBD
Districts shall be limited to the care of household pets and shall not provide overnight kennel services,
except on a medical emergency basis. Overnight keiia-iels and vetcrinary seryices not limited to
household pets may be allowed in GCMD, GC-MD-2 and CBD Districts with a specific use permit.
Veterinary services for animal specialties (SIC 0742) may be permitted as an accessory use to existing
keimels (SIC 0752) with a specific use permit.
(18) Perminted and its es. The land uses listed under S I C Group Number 20 through 26, 3 0 through 3 2, 3 4,
3 5, 3 7 and 44 shall be permitted within the GC -MD, CBD and C-M Zoning Districts if: (i) granted a
specific use permit and (ii) comply with the following conditions:
(A) All business -related activities, including storage of materials and equipn-tent, shall be conducted withill a
completely enclosed structure.
(B) All. lighting shall be situated so as not to cast or reflect light on any residential property.
(C) A traffic circulation plan showing all parking, drives, loading/unloading areas, and curb cuts and truck
routes shall be submitted to the city engineer for his approval. "I'he city engineer may, as a condition of
approval of the traffic circulation plan, restrict the size of trucks parked on the site or involved in
deliveries and pickup. The city engineer may also designate or restrict truck routes.
(D) The niaxinium gross floor area for any lot or prei)iise shall be five thousand (5,000 square feet.
(E) Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District.
(F) Industrial performance standards, as specified in section 28.04.006 [28.04.007], will be applicable.
(G) Special condition 18 shall not apply to teniporary batching plajits (SIC 295 and SIC 3273) and
permanent batching plants (SIC 353).
(19) Resiclenlicil cgre uses. Con-ipliance with the following conditions is required:
(A) At least fifteen (I5 days prior to the issuance of a building permit and/or a certificate of occupancy,
written documentation must be submitted to the building official outlining the type, size, location,
characteristics and proposed activities of the facility. "11he nanies, addresses and phone numbers of the
operators, general operation information, a site plan and a list of the licenses and grants the facility will
operate under iiiust also be submitted.
(B) The owners of property within two hundred (200) feet of the proposed facility's property lines insist
receive a written notice of compliance.with the ordinance [this chapter] no less than ten (10) days prior
to the issuance of the building permit and/or the certificate of occupancy. The notice will contain a copy
of the written documentation submitted to the building official as required in special condition (I 9)(A).
A processing fee of one hundred twenty-five dollars ($125.00), shall be paid to the city.
(C) A facility must be licensed, certified, or accredited by an agency of the county, state or federal
government prior to providing services and the issuance of a certificate of occupancy. Approval of a
specific use permit by city council may be used in lieu of a license.
(D) A facility must provide twenty -four-hour on -site supervision of its residents or clients.
(E) A facility must coinply with the following densities:
Zoning Millilnuni
District Square
Feet of Lot
Area Per
Resident
RMM
800
RMH
500
RCR
500
GC -MD
500
CIC-MD-2
500
Zoning MillinIIIIII
District Square
Feet of Lot
Ai -ea Per
Resident
CBD No
minimum as
determined
by specific
use permit
PUD
(F) A sign n-icasuring not less than ledger (eleven (11) inches by seventeen (17) inches ) in. size will be
posted in the public right-of-way adjacent to the proposed facility's location not less than ten (10) days
prior to the issuance of a building permit. The sign will state the type of land use and the name, address
and phone number of the agent or agency responsible for the proposed facility.
(20) Sforge ofplastic and rubber niaterial. The storage of plastic and rUbber material within the city limits
shall meet the following conditions:
(A) The warehouse shall be limited to a one-story structure with a height limit of forty-five (45) feet,
(B) The warehouse shall be located on a lot of no less than ten thousand (10,000) square feet in area.
(C) The building setbacks shall be a minimum of twenty (20) feet from any and all lot lines or as listed on
the area and height regulations tables., section 28.03.024(b) 2. and 3., wbichever is greater.
(D) The regulations of the fire code shall be compiled with.
(21) Garage sales are a permitted use in all the residential zoning districts provided the following conditions
are complied with:
(A) A garage sale shall not be for more than three (3) continuous days;
(B) No more than two (2) garage sales per calendar year per premises shall be allowed;
(C) Hours of operation shall be limited from sunrise to sunset;
(D) No merchandise shall be displayed or placed on the public right-of-way; and
(E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right-of-way shall be
allowed.
(F) Garage sales conducted out of a dwelling unit are exempt from the parking requirements.
(22) Bed and breakfost fqcilil)�
(A) General purpose and clescrplion. The establishment of bed and breakfast facilities has been found to
not only provide an alternative type of lodging for visitors to Beaumont, but the income for such facility
provides incentivcs from [fear] maintaining Beatimont's older homes. This subsection us enacted on the
basis of the public policy that supports the city as a tourist destination of persons interested in the
architeCtUral and historic significance of the city's older residential structures. This subsection focuses
on the need to provide an incentive for owners of Beaumont's older honies to continue occupancy and
maintenance of historic structures.
(B) Definition. An owner -occupied private home built prior to 1950 Cand located within an historic district or
awarded an f IC-L designation and/or of historic significance which offers lodging for paying guests,
which serves food to only those guests and which allows for limited social fuiietions. as regulated in this
subsection.
(C) , S�)eciql regitlytions Loi- bed and bi-eakfayIcillfies.
(i) x 'Irycrui-e. The bed and breakfast facility shall be operated within the principal structure and not in ally
accessory structure. "I'lic owner shall live in the main structure. The structure to be used as a bed and
breakfast facility shall have been constructed prior to 1950 and be located in an historical district or
awarded an HC-L designation and/or of historic significance.
(ii) &-)ecfire c use lei-init requi..d .
a. A specific use permit granted by city council is required for the establish-n-tent of a bed and breakfast
facility, the granting of which is provided for in the city Code of Ordinances (section 28.02.008).
b. An application for a specific use permit shall be filed with the director of planning, who shall prepare a
report for review by the planning commission and city council.
c. i
Issuance of a specific use permit by the city council, after mm recomendation by the plaluilng comisson,
is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not
adversely affect or be materially detrimci-ital to a4jacent uses, residents and buildings or structures.
d. The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy
the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to
the continuation of use of the premises as a bed and breakfast facility.
(111) ��ize. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in
floor area.
(iv) ATuinber ofg1test rooin,,s% A maximum number of five (5) guest. rooms is allowed.
(v) 11mL&w aeinent. "I"he facility shall be oner occupied,
(vi) Let�gth ofMaximum length of stay is limitcd to fourteen (14) consecutive days in any thirty -day
period of time. The resident owner shall keep a current guest register including names, addresses and
dates of occupancy of all guests.
(Vii) Si�,Yn, Sign shall be permitted upon approval of a building permit by the chief building inspector and
t-P
in accordance with the city Code of Ordinances (section 28.04.003). In those zoning districts that
prohibit signs, a nameplate, not to exceed two (2) square feet in size shall be permitted. The nameplate
shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the
property. The nameplate shall be compatible with the style and detailing of the house.
(viii)Pcy-1dV,. One (1) off-street parking space per guest room and for the owner is requircd. The maximum
nuniber of permitted spaces shall not execed seven (7). The front yard shall not be used for off-street
parking. All off street parking must be screened from the street and from. a4jacent lots containing
residential uses. Screening from the street and adjacent lots containing residential uses must comply
with the standards established in the city Code of Ordinances (section 28.04.006).
(ix) Acklitions and q1tei-atiins. No cxterior additions or alterations shal I be made for the express purpose of
maintaining or adding to a bed and breakfast facility, other than those rcquire d to n-leet health, safcty and
sanitation requirements. Minimal outward modification of the structure or grounds may be made if such
changes are deemed compatible ivith the character of the area or neighborhood. Such alterations and
additions must meet all zoning standards and building code requiren-ients and must be approved by the
historic landniark commission (when such property is located In a historic district, awarded an HC-1,
designation Lind/or of historic significance).
(x) Other uses.
a. "I'lic sate and/or display of mcrehandise or other commodities is prohibited.
b. Weddings, receptions, lunchcons, cocktail parties, or any other such function for which the owner
receives payment for the use of the facility, and which is not a function for the personal use of the
owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is providcd
and documented. The number of functioiis shall not exceed twenty-four (24) events per year nor more
than two (2) events per month. "I'he planiaing division is to be notified of the functions taking place.
Notification shall be filed witb the Planning division on a quarterly basis, indicating the type of Rinction,
the date,, and the number of guests. The city council may restrict the number of social events based upon
neighborhood compatibility, lack of parking facilities, traffic generation and/or traffic capacity of
surrounding strects.
(xi) Recilth, fire and builcling consiclerations. All bed and breakfast facilities shall meet all applicable local
and state regulations.
(23) In GC -MD, SIC Group Number 15, 16, and 17 are permitted by right if there is no fabrication or outside
storage or repair.
(24) Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a
residentially zoned property. The method of measuring the distance between the cellular telephone
transmission tower and the residential zoning district shall be fron-i the nearest lease or property line of
the cellular telephone transmission tower facility to the nearest residential district boundary.
(25) Temporary portable storage containers may be located as a temporary structure on property within the
city for a period of no more than thirty (30) days. No more than two temporary portable storage
containers may be located on a specific piece of property within the city at any one time. Such
temporary container shall not be located on a specific property more than two (2) times in any given
thirty (30) calendar day period. Such temporary container shall be located no closer than five (5) feet to
the property line unless placed on an existing impervious driveway. No container shall be placed on
public right-of-way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or
twenty (20) feet in length. No advertising other than the name of the company, its phone number and its
website shall appear on the container. It shall be the obligation of the owner or user of such temporary
container to secure it in a maimier that does not endanger the safety of persons or property in the vicinity
of the temporary container. In the event of high winds or other inclement weather conditions in which
such structure ii-tay become a physical danger to persons or property, the appropriate code enforcement
officers nay require the inimediate. removal of such temporary container. In the event of fire, hurricane
or natural disaster causing substantial damage to the dwelling structure, the property owner may apply
to the plam-iing manager for permission to extend the time that a portable on demand storage container
may be located as a temporary structure on the property. Extensions shall be for periods of thirty (30)
days with no more than two (2) grants of extensions allowed.
(26) On undeveloped property in a GC -MD District, the parking of commercial vehicles with more than two
axles or that have a rated carrying capacity in excess of two tons shall require the granting of a specific
use permit.
(27) Single-family or duplex industrialized housing must have all local permits and licenses that are
applicable to other single-family or duplex dwellings. Any industrial housing shall:
(A) Have a value equal to or greater than the median taxable value of each single-fanifly dwelling located
witliin 500 feet of the lot on which the industrialized housing is proposed to be located, as determined
by the most recent certified appraisal for the county. Value shall be defined as the taxable value of the
industrialized housing and lot after installation of the housing;
(B) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible Nvith the
m�tjority of the single-fanifly dwellings located within 500 feet of the lot on which the industrialized
housing is proposed to be located;
(C) Comply with building setbacks, subdivision ordinance and other site requirements applicable to single-
fainily and duplex dwellings; and
(D) Be securely fixcd to a permanent foundation as defined by the city adopted building codes. Permanent
foundation shall mean one of the following:
(i) Pier and beans foundation as designed by a registered professional engineer licensed in the state.
(ii) A combination pier and footing as designed by a registered professional engineer licensed in the state.
(iii) A monolithic poured -in -place slab as designed by a registered professional engineer licensed in the
state.
(28) Living in recreational vehicles shall not be penuitted except in designated recreational vehicle parks.
(29) For the Purpose of this ordinance, bottle clubs, which sliall be defined as social meeting places where
patrons are served drinks front. their own bottles of alcoholic beverages shall be classified under SIC
Group 5813, Drinking Places.
This definition shall not include eating places that serve individuals front the individual's own bottle or
private stock.
(30) Eightccn (18) wheeler trailers shall not be used as storage units except in the Ll and HI districts.
31 Mobile fo o d units shall not b e stored in A-R. RS , RM-lam, IW-H, RCR, and RC R-1 I districts.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, see. 1, adopted 7/28/81; Ordinance 82-109,
sees. 2, 3, adopted 9/14/82-' Ordinance 86-89, see. 3, adopted 8/2/86; Ordinance 87-33, see. 2, adopted
4/28/87; Ordinance 87-60 sec. 2 adopted 7/28/87; Ordinance 87-74, see. 3, adopted 9/22/87; Ordinance 87-
79, sec. 1, adopted 10/13/87; Ordinancc 87-84., see. 1, adopted 10/27/87; Ordinance 89- 10, see. 1, adopted
2/28/89- Ordinance 89-14, see. 2, adopted 3/7/89; Ordinance 89-21, see. 2, adopted 4/25/89; Ordinance 9,2-
63 , see. 3 , adopted 8/25/92; Ordinance 93 -69, sec. 3, adopted 11/23/93 - Ordinance 9 8-7, see. 11, adopted
2/3/98- Ordinance 02-029, see. 2, adopted 4/23/02- Ordinance 02-058 see. I adopted 8/27/02; Ordinance 05-
0 10, see. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/3 9/05 - 1978 Code, sec. 3 0-33 - Ordinance
07-096, sec. 3,5 adopted 9/25/07,, Ordinance 07-124, sec. I, adopted 12/4/07, Ordinance 08-066, see. 3,
adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031
see. 10, adopted 6/26/12; Ordinance 12-074, sees. 10- 11, adopted 9/25/12 - Ordinance 13 -003, sees. 4-5,
adopted 1/15/13; Ordinance 13-033, see. 2, adopted 6/4/13.- Ordinance 21-026 adopted 5/4/21)