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HomeMy WebLinkAboutORD-24-078ORDINANCE NO.24-078 ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023 AND SECTION 28.04.008 OF THE CODE OF ORDINANCES. 28.03.023 Permitted us (a) Use of land and buildings. Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, "special conditions" and all other requirements of the zoning ordinance. (b) Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted. as a use of right in that district subject to (1) providing of off-street parking in the amounts required by reference to the "parking group" column, and (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the "parking group" column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use and (3) obtaining a specific use permit as set forth in section 28.04.001. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. (c) Uses not listed. Primary uses not listed in the permitted use table may be permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district, and be similar in traffic -generating capacity, noise, vibration, dust, odor glare and heat producing characteristics. (d) Accessory use. A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premises as the primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use. (e) Standard Industrial Classification (SIC) group numbers. The group description in the 1987 Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses when reference is made in the tables to a designated standard industrial classification (SIC) group number. Such SIC manual shall be filed in the office of the city clerk for public inspection during business hours. Zoning District Permitted Primary Use A-R R-S RM-M RM- H RCR RCR - H NC NSC GC' MD GC- MD72 .CBD CM LI HI PUD SIC Group Parking Group Special Cond. P P P 01 Agricultural production— crops (except as noted) 40 P S P P P S S P P P S 018 Horticultural specialties (including retail sales) 8 P P 02 Agricultural production— livestock 15 P P P P S 07 Agricultural services (except as noted) 7 P S P P P S S P P P S 074 Veterinary Services 14 17 P S S S S S P P P S 0752 Kennels 14 17 S P P S S P P P S 076 Farm Labor and Management Services (except as noted) 14 P S S P P S P P P P S 078 Landscape/ Horticultural Services (except as noted) 14 P S S S P P P S 0782 Lawn and Garden Services 14 P S S S P P P S 0783 Tree Services 7 P 08 Forestry 6 P 09 Fishing, hunting and tra ping 7 S P 10 Metal mining 7 P P P P P P P P P P S P P P P 13 Oil and gas extraction 7 Zoning District Pennitted Primary Use RM-' - GC.' GC- Parking Special A-R R-S RM-M H RCR �RCR H _ . NC NSC .MD. MD-2 CBD. ;CM LI HI .PUD: _SIC Group Group Cond. S P 14 Mining and quarrying of 7 nonmetallic minerals, except fuels S S S P P P S 15 Building construction— 7 23 general contractors S S S P P P S 16 Heavy construction other 7 23 than building construction S S S P P P S Construction -special trade 7 23 contractors S S P 20 Food and kindred products 7 18 (except as noted) S P P 2013 Sausage and Other Prepared 7 18 Meat Products S P P 202 Dairy Products 7 18 S P P 203 Canned and Preserved Fruit 7 18 and Vegetables S P P 2045 Prepared Flour Mixes and 7 18 Dou hs S S P P P P 205 Bakery Products 7 18 S S P P P P 2064- Candy and Other 7 18 67 Confectionery Products S P P 2085 Distilled and Blended 7 18 Liquors S P P 2086 Bottled and Canned Soft 7 18 Drinks and Carbonated Waters S P P 2087 Flavoring Extracts and 7 18 Syrups, not elsewhere classified S P P 209 Miscellaneous Food 7 18 Preparations and Kindred Products S P P 21 Tobacco products 7 18 S P P 22 Textile mill products 7 18 S P P P 23 Apparel and other finished 7 18 products made from fabrics and similar materials S P 24 Lumber and wood products, 7 18 except furniture (except as noted) S P P 243 Millwork, Veneer, Plywood, 7 18 and Structural Wood Members S P P 244 Wood Containers 7 18 S P P 2499 Wood Products, Not 7 18 Elsewhere Classified S P P 25 Furniture and fixtures 7 18 S P 26 Paper and allied products 7 18 (except as noted) S P P 265 Paperboard Containers and 7 18 Boxes S P P 267 Converted Paper and 7 18 Paperboard Products, except containers and boxes S S S P I PI P 1 27 Printing, publishing and 7 Zon_ in District Permitted Primary Use . RM- RCR - GC GC- Parking Special A-R R-S RM-M H RCR H NC NSC MD MD-2 CBD CM LI HI PUD SIC Group-, Group Cond. allied industries S P 28 Chemicals and allied 7 products (except as noted) S P P 283 Drugs 7 S 2892 Explosives 7 S P 29 Petroleum refining and 7 related industries (except as noted) S S P 295 Temporary Batching Plants 7 10 S P 30 Rubber and miscellaneous 7 18 plastic products S P P 31 Leather and leather products 7 18 (except as noted) S P 311 Leather Tanning and 7 18 Finishing S P P 32 Stone, clay, glass and 7 18 concrete products (except as noted) S P P 324 Cement, Hydraulic 7 18 S P P 327 Concrete, Gypsum and 7 18 Plastic Products (except as noted) S S P 3273 Temporary Batching Plant 7 18 S P 329 Abrasive, Asbestos, and 7 18 Miscellaneous Nonmetallic Mineral Products S P 33 Primary Metal Industries 7 S P P 34 Fabricated Metal Products, 7 18 except machinery and transportation equipment (except as noted) S P 3441 Fabricated Structural Steel 7 18 S P 3443 Fabricated Plate Work 7 18 (Boiler Shops) S P 346 Metal Forgings and 7 18 Stampings S P 348 Ordnance and Accessories 7 18 except Vehicles and Guided Missiles S P 349 Miscellaneous Fabricated 7 18 Metal Products 35 Industrial and Commercial 18 Machinery and Computer Equipment (as noted) S P 351 Engines and Turbines 7 18, S P 3523 Farm Machinery and 7 18 Equipment S P P 3524 Garden Tractors and Lawn 7 18 and Garden Equipment S P 353 Construction, Mining and 7 Materials Handling Machinery and Equipment S P P 354 Metalworking Machinery and 7 18 Equipment S P P I I 355 Special Industrial Machinery 7 18 Zoning District Permitted Primary Use RM- RCR - GC GC- Parking Special A-R R-S RM-M H RCR H NC NSC MD MD-21 CBD .CM LI HI 'PUD SIC Group Group Cond. Except Metalworking Machines S P 356 General Industrial Machinery 7 18 and Equipment S S P P 357 Computer and Office 7 18 Equipment S P P 358 Refrigeration and Service 7 18 Industry Machinery S P P 359 Miscellaneous Industrial and 7 18 Commercial Machinery and Equipment S S S P P P 36 Electronic and Other 7 Electrical Equipment S P 37 Transportation Equipment 7 18 (except as noted) S P P P S 3732 Boat Building and Repair 7 S S S P P P 38 Measuring, Analyzing, and 7 Controlling Instruments; Photographic; Medical and Optical Goods; Watches and Clocks S S S S P P 39 Miscellaneous 7 Manufacturing Industries S S S P P P S 40 Railroad Transportation 7 S S S P P P S 41 Local, Suburban, Transit and 7 Interurban Highway Passenger Transportation (except as noted) P S S P P P S 4119 Local Passenger 7 Transportation, Not Elsewhere Classified S S S P P P S 42 Motor Freight Transportation 20 20 and Warehousing S S P P P P S 4225 General Warehousing and Storage S P S P P P P S 43 U.S. Postal Service 7 S S P P S 44 Water Transportation 7 18 S P P P S 45 Transportation by Air (except 7 as noted) S S S S S S S S Heliport and Helistops 41 16 P S P P S S P P P P S P P P S 46 Pipelines, Except Natural Gas S S S P P P S 47 Transportation Services 7 (except as noted) S S S S P S P P P P S 4724 Travel Agencies 14 S S P P S S P P P S 48 Communications 7 S S P P S P P P P S TV/Radio 7 Broadcasting/Podcast S S S P P P S 49 Electric, gas, and Sanitary 7 Service (except as noted) P P P P P P P P P P P P P P P 4971 Irrigation Systems 7 S S S P P P S 50 Wholesale Trade - Durable 8 Goods (except as noted) S I SIP S 5015 Motor Vehicle Parts, Used 8 S I S I P I P JPJPJ S 5074 Plumbing and Heating Z ning District Permitted Primary Use RM- RCR - ' GC, GC- Parking Special A-R R-,S RM-M H - RCR H NC NSC MD MD-2 CBD CM LI HI PUD SIC Group Group Cond. Equipment and Spls. S S P S 5093 Scrap and Waste Materials 8 S S S P P P S 51 Wholesale Trade- Non- 8 Durable Goods (except as noted) S S P P P P S 514 Groceries and Related Products S S P S 515 Farm Product —Raw 8 Materials S S P S 5169 Chemicals and Allied 8 Products, Not Elsewhere Classified S S P P P P S 518 Beer, Wine and Distilled Alcoholic Beverages P P P S S P P P S 52 Building Materials, 8 13 Hardware, Garden Supply and Mobile Home Dealers (except as noted) S S S S P P P S 527 Mobile Home Dealers 8 S P P P S P P P P S 53 General Merchandise Stores 13 13 S P P P S P P P P S 54 Food Stores 12 13 55 Auto Dealers and Gasoline 13 Service Stations (except as noted) P P S S P P P S 551 Motor Vehicle Dealers (New 24 and Used) S P S S P P P S 552 Motor Vehicle Dealers (Used 23 Only) S P P P S S P P P S 553 Auto and Home Supply 13 Stores S S P P S S P P P S 554 Gasoline Service Stations 38 P P S S P P P S 555 Boat Dealers 24 P P S S P P P S 556 Recreational and Utility 24 Trailer Dealers P P S S P P P S 557 Motorcycle Dealers 14 S P S S P P P S 559 Auto Dealers, Not Elsewhere 23 Classified S P P P S P P P P S 56 Apparel and Accessory 13 13 Stores S P P P S P P P P S 57 Home furnishings, furniture 14 13 and Equipment stores 58 Eating and Drinking places (as noted) S S S P P S P P P P S 5812 Eating Places (Inc. Carry Out 26(9) 11,31 Caterers) S S S S P P P S 5813 Drinking Places 26 S S S P P P S 2082 Brewpubs 26 S S S P P P S 2084 Wineries 26 S S S P P P S 2085 Distillery 7 59 Miscellaneous Retail (as 13 noted) S P P P S P P P P S 591 Drug Stores and Propriety 13 Stores S P P S S P P P S 592 Liquor Stores 13 S P P P S P I P IPI PI S 1 593 1 Used Merchandise Stores 14 21 Zoning District Permitted Primary Use RM- RCR - GC, GC- Parking Special A-R R-S RM-M H RCR H NC NSC MD' MD-2 CBD_' CM LI HI -PUD SIC Group. Group Cond. S P P P S P P P P S 5941 Sporting Goods and Bicycle 13 Shops S P P P S P P P P S 5942 Book Stores (General) 13 P P P 5942 Book Stores (Adult) 13 2 (including gifts and novelties) S P P P S P P P P S 5943 Stationery Stores 13 S P P P S P P P P S 5944 Jewelry Stores 13 S P P P S P P P P S 5945 Hobby, Toy and Game Shops 13 S P P P S P P P P S 5946 Camera and Photography 13 Supply Stores S P P P S P P P P S 5947 Gift, Novelty and Souvenir 13 Stores S P P P S P P P P S 5948 Luggage and Leather Goods 13 Stores S P P P S P P P P S 5949 Sewing, Needlework and 13 Piece Goods Stores S P P P S P P P P S 596 Non -store Retailers 7 S P P P S S P P P S 598 Fuel Dealers 15 S P P P S S P P P S 599 Retail Stores, Not Elsewhere 13 Classified S P P P S P P P P S 60 Depository Institutions 14 S P P P S P P P P S 61 Non -Depository Institutions 14 S S P P P S P P P P S 62 Security and Commodity 14 brokers, Dealers, Exchanges, and Services S S S P P P S P P P P S 63 Insurance Carriers 14 S S S P P P S P P P P S 64 Insurance Agents, Brokers, 14 and Service S S S P P P S P P P P S 65 Real estate (except as noted) 14 S S S S S S S S S S S S S S S 6553 Cemetery Subdivision and 41 Developers (subject to state statutes) S S S P P P S P P P P S 67 Holding and other invest. 14 offices 70 Hotels, Rooming houses, Camps, and other lodging places (as noted) S P S S P P P S 701 Hotels, Motels and Tourist 1 Camps S S S S S S S S 701 Bed and Breakfast Facilities 42 22 S S S S S S S 702 Rooming and Boarding 1 Houses S S S S S S S S S S 703 Camps and Recreational 5 28 Vehicle Parks S S S P S S S 704 Organization Hotels and 1 Lodging Houses, on Membership Basis 72 Personal Services (as noted) S P P P S S P P P S 7211 Power Laundries, Family and 7 Commercial S P P P S P P P P S 7212 Garment Pressing and Agents 7 for Laundries and Dry Cleaning S P P P S P P P P S 7213 Linen Supply 7 Z ning District Permitted Primary Use RM- RCR - GC GC- Parking Special A-R R-S RM-M H "' RCR H NC NSC MD MD-2 CBD CM LI HI PUD SIC Group Group Cond. S S P P P S S P P P S 7215 Coin -Operated Laundries and 39 Dry Cleaning S P P P S P P P S 7216 Dry Cleaning Plants 7 S P P P S S P P P S 7217 Carpet and Upholstery 7 Cleaning S P P P S S P P P S 7218 Industrial Launderers 7 S P P P S S P P P S 7219 Laundry and Garment 7 Services, Not Elsewhere Classified S S P P P S P P P P S 722 Photographic Studios, 14 Portrait S S P P P S P P P P S 723 Beauty Shops 11 S S P P P S P P P P P 724 Barber Shops 11 S P P P S P P P P S 725 Shoe Repair Shops, Shoe 13 Shine Parlors and Hat Cleaning Shops S S S S S S P P P S 726 Funeral Service and 25 Crematories S P P P S P P P P S 729 Misc. Personal Services 14 (except as noted) P P P Massage Parlors 14 P P P Adult Modeling or Photo 14 Studio S S P P P S P P P P S 7291 Tax Preparation Services 14 73 Business Services (as noted) S S S P P P S P P P P S 7311 Advertising Agencies 14 S S S S S P P P S 7312 Outdoor Advertising Services 14 S S S P P P S P P P P S 7313 Radio, Television and 7 Publishers' Advertising Representatives S S P P P S P P P P S 7319 Advertising, Not Elsewhere 14 Classified S S S P P P S P P P P S 732 Consumer Credit Reporting 14 Agencies, Mercantile Reporting Agencies and Adjustment and Collection Agencies S S S P P P S P P P P S 733 Mailing, Reproduction, 14 Commercial Art and Photography, and Stenographic Services S S S P P S S P P P S 734 Services to Dwellings and 7 Other Buildings S S S P P P S 735 Miscellaneous Equipment 7 13 Rental and Leasing (as noted) S S P P P S P P P P S 7352 Medical Equipment Rental 7 13 and Leasing S S S P P P S 7353 Heavy Const. Equipment 7 13' Rental and Leasing S S S P P P S 7359 Equipment Rental and 7 13 Leasing, Not Elsewhere Classified 736 Personnel Supply Services (as noted) S S S S P P S P P P P S 7361 1 Employment Agencies 14 Zoning District Permitted Primary Use RM-° RCR - GC' GC- Special A-R R-S - H RCR H NC NSG MD MD-2 CBD C1V1 LI HI PUD SIC Group rG Cond. S S P P S S P P P S 7633 HelpSupply ServicesS S S P P S P P P P S 737 Computer and Data Processing Services and Other Computer Related Services S S S P P S S P P P S 738 Miscellaneous Business 14 13 Services (except as noted) S S S S P P S S P P P S 7389 Business Services, Not 7/14 Elsewhere Classified (of a general office character) P P S P P P S P P P P S Administrative Offices of 41 General Business 75 Automotive Repair services, and parking (as noted) S S S P S S P P P S 751 Automobile Rental and 24 Leasing S S S P S S P P P S 752 Automobile Parking 0 26,30 S S S P S S P P P S 7532 Top and Interior Repair 19 9 Shops S S S P P P S 7532 Paint and Body Repair Shops 19 9 S P P S P P P S 7533 Automotive Exhaust System 19 9 Repair Shops S S S P P P S 7534 Tire Retreading Shops 19 S S P P S S P P P S 7534 Tire Repair Shops 19 9 S P P S S P P P S 7536 Automotive Glass 19 9 Replacement Shops S P P S P P P S 7537 Automotive Transmission 19 9 Repair Shops S S P P S S P P P S 7538 General Automotive Repair 19 9 Shops S S P P S S P P P S 7539 Automotive Repair Shops, 19 9 Not Elsewhere Classified S S P P S S P P P S 754 Automotive Services, Except 19 15 Repair 76 Miscellaneous Repair Services (as noted) S P P P S P P P P S 762 Electrical Repair Shop 13 S S P P P S P P P P S 763 Watch, Clock, and Jewelry 13 Repair S S S P P S S P P P S 764 Reupholstery and Furniture 14 Repair S S S P P P S 765 Welding Repair 7 S S S P P P S 7694 Armature Rewinding Shop 7 S P P S S P P P S 7699 Repair Shops and Related 7 Services, Not Elsewhere Classified 78 Motion pictures (as noted) 2 S S P P S P P P P S 781 Motion Picture Production 7 and Allied Services S S P P S P P P P S 782 Motion Picture Dist. and 7 Allied Services S S P P S P P P P S 7832 Motion Picture Theaters 25 (except Drive -In) P P P 7832 Adult Motion Picture 25 2 Theaters Zoning District Pennitted Primary Use RM- RCR - GC GC- Parking Special A-R R-SRM-M H RCR H NC NSC MD MD-2 CBD CM LI HI PUD SIC Group Group Cond. P S S P P P S 7833 Drive-in Motion Picture 6 Theaters S P P P S P P P P S 7841 Video Tape Rental 14 2 79 Amusement and Recreation 2 Services, except Motion Pictures (as noted) S S S P P S P P P P S 791 Dance Studios, Schools and 14 Halls S S P P S P P P P S 792 Theatrical Producers, Bands, 14 Orchestras and Entertainers S S P P S P P P P S 793 Bowling Centers 32 S S P P P P S 794 Commercial Sports 25 S P P P S P P P P S 7991 Physical Fitness Facilities 14 P P P P P P P P P S P P P P 7992 Public Golf Courses 33 S S P P S P P P P S 7993 Coin -Operated Amusement 12 Devices S S S S P S Gaming Rooms and Devices 12 S P P S S P P P S 7996 Amusement Parks 41 S S S S S P P P S P P P P P 7997 Membership Sports and Rec. 13 Clubs S S S S S S P P S S P P P P 7999 Amusement and Recreation 41 Services, Not Elsewhere Classified (except as listed) S S S S S S P P S P P P P Gymnastics/Tumble 41 Instruction S S S S S S P P S P P P P Judo/Karate/MMA/ 41 Instruction S S S S S S P P S P P P P Yoga Instruction 41 80 Health Services (as noted) S S S P P P S P P P P S 801 Offices and Clinics of 14 Doctors of Medicine S S S P P P S P P P P S 802 Offices and Clinics of 14 Dentists S S S P P P S P P P P S 803 Offices and Clinics of 14 Doctors of Osteopathy S S S P P P S P P P P S 804 Offices and Clinics of Other 14 Health Practitioners Including Massage Therapists S S P P P S P P P P S 805 Nursing and Personal Care 28 Facilities S S S S S S P P S P P P P S 806 Hospitals 28 S S P P P S P P P P S 807 Medical and Dental 7 Laboratories S S S P P P S P P P P S 808 Home Health Care Facilities 14 S S S S S S P P P S P P P P S 809 Miscellaneous Health and 18 Allied Services, Not Elsewhere Classified S S S P P P S P P P P S 81 Legal services 14 82 Educational services (as noted) S S S S S S S S S S S S S S S 821 Elementary Schools 30 S S S S S S S S S S S S S S S 821 Secondary Schools 30/31 S P P S S P P P S 822 Colleges, Universities, 30/31 Professional Schools and Zoning District Permitted Primary Use RM- RCR - GC GC- Parking Special A-R R-SRM-M H RCR H NC NSC MD MD-2 CBD. CM LI HI PUD SIC .Group . 1 Group Cond. Junior Colleges P S S P P P P P P S P P P P P 823 Libraries 8 S P P P S S P P P P 824 Vocational Schools 30/31 S P P P S S P P P S 829 Schools and Educational 30/31 Services, Not Elsewhere Classified S S P P P S P P P P S 8299 Tutoring 30/31 S S S P P P S S P P P S 83 Social Services (except as 41 noted) S S S P P P S P P P P S 8322 Administration office for Social Services S S S S S S S S S S 8351 Home -Based Care 41 P P P S S P P P S 8351 Center -Based Care 41 P P S P S S S 8361 Residential Care (except as 41 19 noted) S S S S S S S Halfway Homes for 41 19 Delinquents and Offenders S S S P P P S P P P P S 84 Museums, Art Galleries, Botanical, and Zoological Gardens 86 Membership Organizations 18 (as noted S S S P P S P P P P S 861 Business Associations 14 S S S P P S P P P P S 862 Professional Membership 14 Organizations S S P P S P P P P S 863 Labor Unions and Similar 14 Labor Organ. S S P P S P P P P S 864 Civic, Social and Fraternal 14 Associations S S S P P S P P P P S 865 Political Organizations 14 S S S S S S S P P S P P S S S 866 Religious Organizations 18 S S S P P S P P S S S 869 Membership Organizations, 14 Not Elsewhere Classified S S S P P P S P P P P S 87 Engineering, Accounting, 14 Research (Commercial and Non -Commercial), Management and Related Services (except as noted) S S S S P S P P P P S 873 Research, Development and 7 Testing Services (except as noted) S S P P P P S 8734 Testing Laboratories _ 14 S S S P P P S S P P P S 89 Services not elsewhere 14 classified 91-97 Government uses (Public- Admin.) P P P P P P P P P P P P P P Federal, State and Local 14 Government, Excluding Districts and Authorities S S S S S S S P P S P P P P S Districts and Authorities 14 S S S S S S S S S S S S S S S 99 Non -Classifiable 41 Establishments (except as noted) S S S S S S S S 9991 Jails, Correctional Facilities, 41 Detention Centers, Prisons Z ning District Permitted Primary Use A-R R-SRM-M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. and Prison Camps, Privately Owned and Operated Non -Classified Uses Residential Uses P P P P P P P P Single -Family Dwellings 3 27 S S P P P S P S Two -Family Dwellings 3 27 P P S S P S P S Multifamily Dwellings 2 P P P P P S S P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home Subdivision 4 4 P P P P P P S Model Dwelling Unit 3 P P P P P P S P Family Home (see definition) 41 Accessory Residential Uses P P P P P P P P P P Accessory Building, Structure or Use 7/14 S P P P S P S Garage Apartment 1 5 P P P P P P P P Home Occupation 14 S S P P S S P S P P Accessory Dwelling Unit 1 6 P P P P P P P P S P Private Recreational Facility 8 P P P P P P P P P P Swimming Pool 3 P P P P P P P P S P Solar Collectors P P P P P P P P S P Temporary Portable Storage Containers 25 Public Utilities P P P P P P P P P P S P P P P Cable Television, Transmission Line P P P P P P P P P P S P P P P Electrical Transmission Line P P P P P P P P P P S P P P P Fiber Optic Cable Communications Line S S S S P P P S Electrical Generating Plant 41 S S S S S S S S S S S P P P S Electrical Substation 41 P P P P P P P P P P S P P P P Local Utility Service Line 41 S S S S S S Radio, Television, Microwave and Cellular Telephone Transmission Towers 41 24 S S S S S S S S S S S S P P S Railroad Tracks and Switching Yards P P P P P P P P P P S P P P P Sewage Pumping Station 41 P P P P P P P P P P S P P P P Sewage Treatment Facilities 41 P P P P P P P P P S P P P P Telephone Exchange, Switching Relay or Transmitting Station 41 S S S P P P S Utility Service or Storage Yard or Buildings 41 P P P P P P P P P P S P P P P Water Standpipe or Elevated Water Supply, Water - Reservoir Well or Pumping Station 41 P P P P P P P P P P S P P P S Water Treatment Plant 41 S I P I P P I P S S P P P S Utility Business Office 41 Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-51, sec. 1, adopted 7/14/81; Ordinance 81- 58, sec. 2, adopted 7/28/81; Ordinance 81-79, secs. 2, 4, adopted 10/6/81; Ordinance 82-88, sec. 1, adopted 8/17/82; Ordinance 82-99, sec. 1, adopted 8/31/82; Ordinance 82-109, sec. 4, adopted 9/14/82; Ordinance 82-134, sec. 2, adopted 12/14/82; Ordinance 83-10, sec. 1, adopted 1/25/83; Ordinance 83-45, sec. 1, adopted 4/26/83; Ordinance 84-12, sec. 1, adopted 1/17/84; Ordinance 84- 13, sec. 1, adopted 1/17/84; Ordinance 86-89, sec. 2, adopted 8/26/86; Ordinance 87-33, secs. 1, 3, 10, 12, adopted 4/28/87; Ordinance 87-74, sec. 2, adopted 9/22/87; Ordinance 89-10, sec. 2, adopted 2/28/89; Ordinance 89-14, sec. 1, adopted 3/7/89; Ordinance 92-62, sec. 2, adopted 8/11/92; Ordinance 92-63, sec. 2, adopted 8/25/92; Ordinance 93-69, sec. 1, adopted 11/23/93; Ordinance 98- 7, sec. 4, adopted 2/3/98; Ordinance 04-054, sec. 1, adopted 7/27/04; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/29/05; Ordinance 06-036, sec. 2, adopted 7/11/06; Ordinance 06-062, sec. 1, adopted 9/26/06; 1978 Code, sec. 30-24; Ordinance 07-096, sec. 2, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 2, adopted 8/26/08; Ordinance 08-097, sec. 1, adopted 11/4/08; Ordinance 08-106, sec. 3, adopted 11/25/08; Ordinance 09-020, sec. 1, adopted 4/28/09; Ordinance 10-041, sec. 1, adopted 6/8/10; Ordinance 10- 049, sec. 1, adopted 6/29/10; Ordinance 11-021, sec. 1, adopted 3/8/11; Ordinance 12-074, sec. 9, adopted 9/25/12; Ordinance 12-084, secs. 1-2, adopted 10/30/12; Ordinance 13-003, sec. 3, adopted 1/15/13; Ordinance 13-004, sec. 7, adopted 1/15/13; Ordinance 13-012, sec. 1, adopted 2/26/13; Ordinance 17-071 adopted 10/24/17; Ordinance 18-062 adopted 10/23/18). 28.04.008. 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 more of said sections 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) Special conditions b. (1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions: (A) Area. The site shall contain two (2) or more acres of land. (B) Densi . The 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) Yards. A minimum ten (10) 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) Lot area ands Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter. (E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet. (F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued. (G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space. (H) Co -owners' association and assessments. A co-owner association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities, and private streets and approved by the City Attorney. There shall be a declaration creating an association of co -owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word "owner" shall mean the record owner, whether one or more persons or other unit which is a part of the development, including sellers under contract for deed but excluding those having such interest as a security for the performance of an obligation. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments and maintenance fees. (i) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extraordinary maintenance and repair of all private streets within the development. The 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 distinguished from private driveways leading into one or more lots or other units. (ii) Utility, water, and sewer assessments. A monthly assessment for each owner's pro rata shares of the monthly utilities which may be metered or sold to the development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro-rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment herein above provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the development, as distinguished from lines which serve only one or more units. Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the City, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required. (iii) Maintenance of common 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 Planning Commission or the City Council directs. (2) Adult entertainment uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the 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 modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers, or other similar entertainers. (A) An adult entertainment 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 entertainment use, bar, pool hall, or liquor store. (C) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of a church, childcare facility, school, hospital, public building, or public park. (D) The method of measuring the distance between an adult entertainment use and another adult entertainment use or any other use shall be from the nearest property line to the 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) Swimming 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) Mobile home. A mobile home shall be permitted only in a mobile home park or a mobile home subdivision or as a single-family use for security caretaker housing on property and facilities used as a governmental or public school district use through a specific use permit. (5) Garage apartments. Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements are permitted. (6) Accessory dwelling unit. Accessory dwelling units that are occupied by members of the family of the occupant of the principal dwelling are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space, and off-street parking requirements. (7) Accessory building An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected 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 a 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 on an accessory building. (8) Private recreation facility. Private recreation facilities in Residential Districts shall for multifamily developments, subdivisions, or homeowners' associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners' association and their guests and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within 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. The dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of each four thousand (4,000) square feet of area devoted to recreational use with a minimum of four (4) spaces and a maximum of twenty (20) spaces. (9) Auto repair garage. Automobile repairing, painting, upholstering, and body and fender work shall be performed only under the following conditions: (A) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress; (B) No spray painting may be done except in a building or room specially designed for that purpose; (C) All other auto repairs, etc., shall be conducted within a building enclosed on at least three (3) sides. (10) Temporary batching facility. Before a specific use permit may be granted for a temporary batching facility, the City Council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two (2) miles 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 same location for more than four (4) specific use permits during any thirty (30) month period. Within thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition. (11) Restaurant. The sale of alcoholic beverages shall be permissible only as an adjunct, minor, and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places as a use of right. (12) Offices. Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions: (A) A minimum ten (10) foot landscaped open space buffer strip shall be provided along any property line that abuts a Residential Zoning District. (B) A minimum twenty-five (25) 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) Renting equipment. Special use permits are not required for the rental of equipment in a zoning district that permits the sale of the equipment as a right. (14) Accessory parking. 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 limitations. In a GC -MD District, a towing service shall only be permitted to store no more than ten (10) vehicles on the lot or premises 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 and helistops. Heliports and helistops, as defined in Section 28.01.004(b), are subject to the requirements of Article 14.02, Division 2 of the City Code of Ordinances. (17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC, GC -MD, GCMD-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 kennels and veterinary services 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 kennels (SIC 0752) with a specific use permit. (18) Permitted land uses. The land uses listed under SIC Group Number 20, through 26, 30, through 32, 34, 35, 37, and 44, shall be permitted within the GC -MD, CBD, and C-M Zoning Districts if. (i) granted a specific use permit and (ii) it complies with the following conditions: (A) All business -related activities, including storage of materials and equipment, shall be conducted within 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 approval. The 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 maximum gross floor area for any lot or premises 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 28.04.007, will be applicable. (G) Subsection (18) shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). (19) Residential care uses. Compliance with the following conditions is required: (A) At least fifteen (15) days prior to the issuance of a building permit and/or a certificate of occupancy, written documentation must be submitted to the Building Official outlining the type, size, location, characteristics, and proposed activities of the facility. The names, addresses, and phone numbers of the operators, general operation information, a site plan, and a list of the licenses and grants the facility will operate under must also be submitted. (B) The owners of property within two hundred (200) feet of the proposed facility's property lines must receive a written notice of compliance with 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 subsection (19)(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 the City Council may be used in lieu of a license. (D) A facility may be required by the Community Development Director to provide twenty-four (24) hour on -site supervision of its residents or clients on the basis of necessity or history of criminal activity associated with the proposed location. (E) A facility must comply with the following densities: Minimum Square Feet of Lot Area Per Zoning, District Resident RMM 800 ................. ___.... _.. _ __ _ . _. - _ .. _ _- _ _ .._... ...... . RMH 500 (F) A sign measuring 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) Storage of plastic and rubber material. 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, whichever is greater. (D) The regulations of the Fire Code shall be complied 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 breakfast facility. (A) General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to the City, but the income for such facilities provides incentives for maintaining the City's older homes. This subsection is 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 the City's older homes to continue occupancy and maintenance of historic structures. (B) Definition. An owner -occupied private home built prior to 1950 and located within a Historic District or awarded an HC-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 functions as regulated in this subsection. (C) Special regulations for bed and breakfast facilities. (i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in a Historic District or awarded an HC-L designation and/or of historic significance. (ii) Specific use permit required. (i) A specific use permit granted by the City Council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the City Code of Ordinances, Section 28.02.008. (ii) 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 the City Council. (iii)Issuance of a specific use permit by the City Council, after recommendation by the Planning Commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. (iv)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. (iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area. (iv) Number of guest rooms. A maximum number of five (5) guest rooms is allowed. (v) Management. The facility shall be owner occupied. (vi) Length of stay. The maximum length of stay is limited to fourteen (14) consecutive days in any thirty (30) day period of time. The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests. (vii) Signage. Signs shall be permitted upon approval of a building permit by the Chief Building Inspector and 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)Parking. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed 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 adjacent 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) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and Building Code requirements and must be approved by the Historic Landmark Commission (when such property is located in a Historic District, awarded an HC-L designation and/or of historic significance). (x) Other uses. (i) The sale and/or display of merchandise or other commodities is prohibited. (ii) Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The Planning Division is to be notified of the functions taking place. The notification shall be filed with the Planning Division on a quarterly basis, indicating the type of function, 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 streets. (xi) Health, fire, and building considerations. All bed and breakfast facilities shall meet all applicable local and state regulations. (23) In GC -MD and CBD, SIC Group Numbers 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 from 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 (2) 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 manner 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 may become a physical danger to persons or property, the appropriate Code Enforcement Officer(s) may require the immediate removal of such temporary container. In the event of a fire, hurricane, or natural disaster causing substantial damage to the dwelling structure, the property owner may apply to the planning 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 (2) axles or that have a rated carrying capacity in excess of two (2) 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- family dwelling located within five hundred (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 with the majority of the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located; (C) Comply with building setbacks, the subdivision ordinance, and other site requirements applicable to single-family and duplex dwellings; and (D) Be securely fixed to a permanent foundation as defined by the City adopted Building Codes. The permanent foundation shall mean one of the following: (i) Pier and beam 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 permitted except in designated recreational vehicle parks. (29) For the purpose of this Section, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, as drinking places. This definition shall not include eating places that serve individuals from the individual's own bottle or private stock. (30) Eighteen (18) wheeler trailers, also known as shipping containers, shall not be used as storage units except in the LI and HI Districts. (A) Eighteen (18) wheeler trailers or shipping containers may be allowed in the GC - MD District in a manner as provided herein: In the GC -MD District, Eighteen (18) wheeler trailers or shipping containers may be used for storage or occupiable spaces, provided the structure complies with the Building Code, Fire Code, Zoning Code, Health Code, and other applicable codes of the City. The integration of art within occupiable spaces is encouraged to enhance aesthetic quality, community engagement, and user experience. An Eighteen (18) wheeler trailer or shipping container being used for storage shall be fully screened from public view along any street right-of-way. Screening must be accomplished through fencing, landscaping, or other approved methods that ensure the 18-wheeler trailer or shipping container is not visible from public view along the street right-of-way. (i) Temporary placement of 18-wheeler trailers or shipping containers for temporary storage may be considered on commercially zoned properties, provided that the property owner, or their designee, submits a letter of reasoning, a proposed timeline of placement and removal, and a site plan to the Planning and Community Development Director, or their designee, for review. The Planning and Community Development Director, or their designee, will determine whether the request complies with the Building Code, Fire Code, Zoning Code, Health Code, and other applicable codes of the City. Approval must be granted before the trailer(s) or container(s) are placed on the property. (ii) 18-wheeler trailers or shipping containers shall not be used as storage units in the Historic -Cultural Landmark Preservation Overlay District. (iii)The 18-wheeler trailers or shipping containers used as permanent structures shall comply with the adopted codes of the City including all Property Maintenance Codes. The property owner shall be held responsible for ensuring compliance with this Section and all applicable City Codes. (3 1) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR- H Districts. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 1, adopted 7/28/81; Ordinance 82-109, secs. 2, 3, adopted 9/14/82; Ordinance 86-89, sec. 3, adopted 8/2/86; Ordinance 87-33, sec. 2, adopted 4/28/87; Ordinance 87-60, sec. 2, adopted 7/28/87; Ordinance 87-74, sec. 3, adopted 9/22/87; Ordinance 87-79, sec. 1, adopted 10/13/87; Ordinance 87-84, sec. 1, adopted 10/27/87; Ordinance 89-10, sec. 1, adopted 2/28/89; Ordinance 89-14, sec. 2, adopted 3/7/89; Ordinance 89-21, sec. 2, adopted 4/25/89; Ordinance 92-63, sec. 3, adopted 8/25/92; Ordinance 93-69, sec. 3, adopted 11/23/93; Ordinance 98-7, sec. 11, adopted 2/3/98; Ordinance 02-029, sec. 2, adopted 4/23/02; Ordinance 02-058, sec. 1, adopted 8/27/02; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/39/05; 1978 Code, sec. 30-33; Ordinance 07-096, sec. 3, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 3, adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031, sec. 10, adopted 6/26/12; Ordinance 12-074, secs. 10-11, adopted 9/25/12; Ordinance 13-003, secs. 4-5, adopted 1/15/13; Ordinance 13-033, sec. 2, adopted 6/4/13; Ordinance 21-026 adopted 5/4/21; Ordinance 24-014 adopted 3/19/2024). The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumqnt this the 17th day of December, 2024. - ' Mayor Roy West - The following Code does not display ' gages or complicated forniatting. CodE;` j�ould be vieu,ed online. This § 28.03.023 Permitted uses. (a) Use of land and buildings. Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, "special conditions" and all other requirements of the zoning ordinance. (b) Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district subject to (1) providing of off-street parking in the amounts required by reference to the "parking group" column, and (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the "parking group" colunul, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use and (3) obtaining a specific use permit as set forth in section 28.04.001. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. (c) Uses not listed. Primary uses not listed in the permitted use table may be permitted in any district where similar uses are permitted. The fimction and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district, and be similar in traffic -generating capacity, noise, vibration, dust, odor glare and heat producing characteristics. (d) Accessory use. A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premises as the primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use. (e) Standard Industrial Classification (SIC) group numbers. The group description in the 1987 Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses when reference is made in the tables to a designated standard industrial classification (SIC) group number. Such SIC manual shall be filed in the office of the city clerk for public inspection during business hours. Zoning District Permitted Primary Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D MI I D SIC Group Group Cond. P P P O1 AGRICULTURAL 40 PRODUCTION — CROPS (except as noted) P S P P P S S P P P S 018 Horticultural 8 Specialties (including retail sales) Zoning Disf jt Permitted, )imary Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H P.0 g 1 R -S -M -H. R R -H C C D -2 D M I I D SIC Group Group Cond. P P 02 AGRICULTURAL 15 PRODUCTION — LIVESTOCK P P P P S 07 AGRICULTURAL 7 SERVICES (except as noted) P S P P P S S P P P S 074 Veterinary Services 14 17 P S S S S S P P P S 0752 Kernels 14 17 S P P S S P P P S 076 Farni Labor and 14 Management Services (except as noted) P S S P P S P P P P S 078 Landscape/ 14 Horticultural Services (except as noted) P S S S P P P S 0782 Lawn and Garden 14 Services P S S S P P P S 0783 Tree Services 7 P 08 FORESTRY 6 P 09 FISHING, HUNTING 7 AND TRAPPING S P 10 METAL MINING 7 P P P P P P P P P P S P P P P 13 OIL AND GAS 7 EXTRACTION S P 14 MINING AND 7 QUARRYING OF ONMETALLIC MINERALS, EXCEPT FUELS S S S P P P S 15 BUILDING 7 23 CONSTRUCTION — GENERAL CONTRACTORS Zoning Dis; �t Perrnitte(l' jimary Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S S S P P P S 16 HEAVY 7 23 CONSTRUCTION OTHER THAN BUILDING CONSTRUCTION S S S P P P S CONSTRUCTION- 7 23 SPECIAL TRADE CONTRACTORS S S P 20 FOOD AND 7 18 KINDRED PRODUCTS (except as noted) S P P 2013 Sausage and Other 7 18 Prepared Meat Products S P P 202 Dairy Products 7 18 S P P 203 Canned and Preserved 7 18 Fruit and Vegetables S P P 2045 Prepared Flour Mixes 7 18 and Doughs S S P P P P 205 Bakery Products 7 18 S S P P P P 2064 Candy and Other 7 18 -67 Confectionery Products S P P 2085 Distilled and Blended 7 18 Liquors S P P 2086 Bottled and Canned 7 18 Soft Drinks and Carbonated Waters S P P 2087 Flavoring Extracts and 7 18 Syrups, not elsewhere classified S P P 209 Miscellaneous Food 7 18 Preparations and Zoning Dis( pit Perinitted Onaiy Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M Al R R -H C C D -2 D M I I D SIC Group Gi•oup Cond. Kindred Products S P P 21 TOBACCO 7 18 PROUCTS S P P 22 TEXTILE MILL 7 18 PRODUCTS S P P P 23 APPAREL AND 7 18 OTHER FINISHED PRODUCTS MADE FROM FABRICS AND SIMILAR MATERIALS S P 24 LUMBER AND 7 18 WOOD PRODUCTS, EXCEPT FURNITURE (except as noted) S P P 243 Millwork, Veneer, 7 18 Plywood, and Structural Wood Members S P P 244 Wood Containers 7 18 S P P 2499 Wood Products, Not 7 18 Elsewhere Classified S P P 25 FURNITURE AND 7 18 IXTURES S P 26 PAPER AND 7 18 LIED PRODUCTS (except as noted) S P P 265 Paperboard Containers 7 18 and Boxes S P P 267 Converted Paper and 7 18 Paperboard Products, except containers and boxes Zoning Dis( it Permitted] }unary Use A GC GC - Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R, R,-H C C D -2 D. M I I D SIC Group Group Cond. S S S P P P 27 PRINTING, 7 PUBLISHING AND ALLIED INDUSTRIES S P 28 CHEMICALS AND 7 LIED PRODUCTS (except as noted) S P P 283 Drugs 7 S 2892 Explosives 7 S P 29 PETROLEUM 7 FINING AND RELATED INDUSTRIES (except as noted) S S P 295 Temporary Batclung 7 10 Plants S P 30 RUBBER AND 7 18 MISCELLANEOUS LASTIC PRODUCTS S P P 31 LEATHER AND 7 18 LEATHER PRODUCTS (except as noted) S P 311 Leather Tanning and 7 18 Finishing S P P 32 STONE, CLAY, 7 18 GLASS AND CONCRETE PRODUCTS (except as noted) S P P 324 Cement, Hydraulic 7 18 S P P 327 Concrete, Gypsum 7 18 and Plastic Products Zoning Dist }t Permittedi pnary Use A GC GC- Parlun Specia - R RM RM RC RC, N NS M MD CB C L H PU g 1 R -S -M -H' R. R -H C C D -2 D M I I D SIC Group Group Cond. (except as noted) S S P 3273 Temporary Batching 7 18 Plant S P 329 Abrasive, Asbestos, 7 18 and Miscellaneous Nonmetallic Mineral Products S P 33 PRIMARY METAL 7 INDUSTRIES S P P 34 FABRICATED 7 18 ETAL PRODUCTS, EXCEPT MACHINERY AND RANSPORTATION EQUIPMENT (except as noted) S P 3441 Fabricated Structural 7 18 Steel S P 3443 Fabricated Plate Work 7 18 (Boiler Shops) S P 346 Metal Forgings and 7 18 Stampings S P 348 Ordnance and 7 18 Accessories except Vehicles and Guided Missiles S P 349 Miscellaneous 7 18 Fabricated Metal Products 35 INDUSTRIAL AND 18 COMMERCIAL MACHINERY AND COMPUTER E UIPMENT as Zoning Dis(' 'it Permitted jimmy Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. noted) S P 351 Engines and Turbines 7 18 S P 3523 Farm Machinery and 7 18 Equipment S P P 3524 Garden Tractors and 7 18 Lawn and Garden Equipment S P 353 Construction, Mining 7 and Materials Handling Machinery and Equipment S P P 354 Metalworking 7 18 Machinery and Equipment S P P 355 Special Industrial 7 18 Machinery Except Metalworking Machines S P 356 General Industrial 7 18 Machinery and Equipment S S P P 357 Computer and Office 7 18 Equipment S P P 358 Refrigeration and 7 18 Service Industry Machinery S P P 359 Miscellaneous 7 18 Industrial and Conunercial Machinery and Equipment S S S P P P 36 ELECTRONIC AND 7 OTHER ELECTRICAL Zoning Dist' 'i; Permitted; jmaiy Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M =H R R -H C C D -2 D M I I D SIC Group Group Cond. QUIPMENT S P 37 TRANSPORTATION 7 18 EQUIPMENT (except as noted) S P P P S 3732 Boat Building and 7 Repair S S S P P P 38 MEASURING, 7 ANALYZING, AND CONTROLLING INSTRUMENTS; PHOTOGRAPHIC; MEDICAL AND OPTICAL GOODS; WATCHES AND CLOCKS S S S S P P 39 MISCELLANEOUS 7 MANUFACTURING INDUSTRIES S S S P P P S 40 RAILROAD 7 RANSPORTATION S S S P P P S 41 LOCAL, 7 SUBURBAN RANSIT AND INTERURBAN HIGHWAY PASSENGER RANSPORTATION (except as noted) P S S P P P S 4119 Local Passenger 7 Transportation, Not Elsewhere Classified S S S P P P S 42 N40TOR FREIGHT 20 20 RANSPORTATION AND WAREHOUSING S S P P P P S 4225 General Warehousing Zoning Dis( `'"It Permitted; jimmy Use A GC GC- " Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D =2 D M I I D SIC Group Group Cond. and Storage S P S P P P P S 43 U.S. POSTAL 7 SERVICE S S P P S 44 WATER 7 18 RANSPORTATION S P P P S 45 TRANSPORTATION 7 BY AIR (except as noted) S S S S S S S S Heliport and Helistops 41 16 P S P P S S P P P P S P P P S 46 PIPELINES, EXCEPT NATURAL GAS S S S P P P S 47 TRANSPORTATION 7 SERVICES (except as noted) S S S S P S P P P P S 4724 Travel Agencies 14 S S P P S S P P P S 48 COMMUNICATION 7 S S S P P S P P P P STV/Radio 7 Broadcastin /Podcast S S S P P P S 49 ELECTRIC, GAS 7 D SANITARY SERVICE (except as noted) P P P P P P P P P P P P PP P 4971 Irrigation Systems 7 S S S P P P S 50 WHOLESALE 8 TRADE —DURABLE GOODS (except as noted) S S P S 5015 Motor Vehicle Parts, 8 Used Zoning Dist 'i Permitted j `Illal•Y Use A GC GC-. Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S S P P P P S 5074 Plumbing and Heating Equipment and Spls. S S P S 5093 Scrap and Waste 8 Materials S S S P P P S 51 WHOLESALE 8 TRADE — NONDURABLE GOODS (except as noted) S S P P P P S 514 Groceries and Related Products S S P S 515 Farm Product —Raw 8 Materials S S P S 51.69 Chemicals and Allied 8 Products, Not Elsewhere Classified S S P P P P S 518 Beer, Wine and Distilled Alcoholic Beverages P P P S S P P P S 52 BUILDING 8 13 MATERIALS, HARDWARE, GARDEN SUPPLY AND MOBILE HOME DEALERS (except as noted) S S -S S P P P S 527 Mobile Home Dealers 8 S P P P S PS P P P S 53 GENERAL 13 13 MERCHANDISE STORES S P P P S P P 1p S 54 FOOD STORES 12 13 55 AUTO DEALERS 13 AND GASOLINE SERVICE STATIONS (except as Zoning Dist; j: Permitted ")maiy Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. noted) P P S S P P P S 551 Motor Vehicle 24 Dealers (New and Used) S P S S P P P S 552 Motor Vehicle 23 Dealers (Used Only) S P P P S S P P P S 553 Auto and Home 13 Supply Stores S S P P S S P P P S 554 Gasoline Service 38 Stations P P S S P P P S 555 Boat Dealers 24 P P S S P P P S 556 Recreational and 24 Utility Trailer Dealers P P S S P P P S 557 Motorcycle Dealers 14 S P S S P P P S 559 Auto Dealers, Not 23 Elsewhere Classified S P P P S P P P P S 56 APPAREL AND 13 13 ACCESSORY STORES S P P P S P P P P S 57 HOME 14 13 FURNISHINGS, FURNITURE, AND EQUIPMENT STORES 58 EATING AND KINKING PLACES (as noted) S S S P P S P P P P S 5812 Eating Places (Inc. 26(9) 11,31 Carry Out Caterers) S S S S P P P S 5813 Drinking Places 26 S S S PPP S 2082 Brewpubs 26 Zoning Dist ` ` j` Permitted ;; jmaiy Use A GC GC- Parldn Specia - R RM RM RC RC N NS M . MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S S S P P P S 2084 Wineries 26 S S S P P P S 2085 Distillery 7 59 MISCELLANEOUS 13 RETAIL (as noted) S P P P S P P P P S 591 Drug Stores and 13 Propriety Stores S P P S S P P P S 592 Liquor Stores 13 S P P P S P P P P S 593 Used Merchandise 14 21 Stores S P P P S P P P P S 5941 Sporting Goods and 13 Bicycle Shops S P P P S P P P P S 5942 Book Stores (General) 13 P P P 5942 Book Stores (Adult) 13 2 (including gifts and novelties) S P P P S P P P P S 5943 Stationery Stores 13 S P P P S P P P P S 5944 Jewelry Stores 13 S P P P S P P P P S 5945 Hobby, Toy and 13 Game Shops S P P P S P P P P S 5946 Camera and 13 Photography Supply Stores S P P P S P P P P S 5947 Gift, Novelty and 13 Souvenir Stores S P P P S P P P P S 5948 Luggage and Leather 13 Goods Stores S P P P S P P P P S 5949 Sewing, Needlework 13 and Piece Goods Stores Zoning Di.' 't PC17I1itte( � Ilnaly Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU 9 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S P P P S P P P P S 596 Nonstore Retailers 7 S P P P S S P P P S 598 Fuel Dealers 15 S P P P S S P P P S 599 Retail Stores, Not 13 Elsewhere Classified S P P P S P P P P S 60 DEPOSITORY 14 INSTITUTIONS S P P P S P P P P S 61 NONDEPOSITORY 14 INSTITUTIONS S S P P P S P P P P S 62 SECURITY AND 14 COMMODITY BROKERS, DEALERS, EXCHANGES AND SERVICES S S S P P P S P P P P S 63 INSURANCE 14 CARRIERS S S S P P P S P P P P S 64 INSURANCE 14 GENTS, BROKERS AND SERVICE S S S P P P S P P P P S 65 REAL ESTATE 14 (except as noted) S S S S S S' S S S S S S S S S 6553 Cemetery Subdivision 41 and Developers (subject to state statutes) S S S P P P S P P P P S 67 HOLDING AND 14 OTHER INVEST. OFFICES 70 IOTELS, ROOMING HOUSES, CAMPS, AND OTHER LODGING PLACES (as noted) Zoning Di,' )Ct Permitter," jrimary Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S P S S P P P S 701 Hotels, Motels and 1 Tourist Camps S S S S S S S S 701 Bed and Breakfast 42 22 Facilities S S S S S S S 702 Rooming and 1 Boarding Houses S S S S S S S S S S S 703 Camps and 5 28 [Recreational Vehicle Parks S S S P S S S 704 Organization Hotels 1 and Lodging Houses, on Membership Basis 72 PERSONAL SERVICES (as noted) S P P P S S P P P S 7211 Power Laundries, 7 Family and Commercial S P P P S P P P P S 7212 Garment Pressing and 7 Agents for Laundries and Dry Cleaning S P P P S P P P P S 7213 Linen Supply 7 S S P P P S S P P P S 7215 Coin -Operated 39 Laundries and Dry Cleaning S P P P S P P P S 7216 Dry Cleaning Plants 7 S P P P S S P P P S 7217 Carpet and. Upholstery 7 Cleaning S P P P S S P P P S 7218 Industrial Launderers 7 S P P P S S P P P S 7219 Laundry and Garment 7 Services, Not Elsewhere Classified Zoning Di:; jet Perniittei '�rinraiy Use A GC GC- Parldn Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S S P P P S P P P P S 722 Photographic Studios, 14 Portrait S S P P P S P P P P S 723 Beauty Shops 11 S S P P P S P P P P P 724 Barber Shops 11 S P P P S P P P P S 725 Shoe Repair Shops, 13 Shoe Shine Parlors and Hat Cleaning Shops S S S S S S P P P S 726 Funeral Service and 25 Crematories S P P P S£ P P P P S 729 Misc. Personal 14 Services (except as noted) P P P Massage Parlors 14 P P P Adult Modeling or 14 Photo Studio S S P P P S P£ P P P S 7291 Tax Preparation 14 Services 73 BUSINESS SERVICES (as noted) S S S P P P S P P P P S 7311 Advertising Agencies 14 S S S S S P P P S 7312 Outdoor Advertising 14 Services S S S P P P S P P P P S 7313 Radio, Television and 7 Publishers' Advertising Representatives S S P P P S P P P P S 7319 Advertising, Not 14 Elsewhere Classified S S S P P P S P P P P S 732 Consumer Credit 14 Reporting Agencies, Mercantile Reporting Zoliing Di:; pt Permitte( , Imary Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R. R -H C C D. -2 D M I I D SIC Group Group Cond. Agencies and Adjustment and Collection Agencies S S S P P P S P P P P S 733 Mailing, 14 Reproduction, Cormnercial Art and Photography, and Stenographic Services S S S P P S S P P P S 734 Services to Dwellings 7 and Other Buildings S S S P P P S 735 Miscellaneous 7 13 Equipment Rental and Leasing (as noted) S S P P P S P P P P S 7352 Medical Equipment 7 13 Rental and Leasing S S S P P P S 7353 Heavy Const. 7 13 Equipment Rental and Leasing S S S P P P S 7359 Equipment Rental and 7 13 Leasing, Not Elsewhere Classified 736 Personnel Supply Services (as noted) S S S S P P S P P P P S 7361 Employment Agencies 14 S S P P S S P P P S 7633 Help Supply Services 14 S S S P P S P P P P S 737 Computer and Data 14 Processing Services and Other Computer Related Services S S S P P S S P P P S 738 iscellaneous 14 13 Business Services (except as noted) S S S S P P S S P P P S �7389 usiness Services, 7/14 of Elsewhere Zoniug.Di;' Pt Perinitte( r ilnaly Use A GC GC- Parkin Specia - R RM RM RC RC N ' NS M MD CB C L H PU g l R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. Classified (of a general office character) P P S P P P S P P P P S Administrative 41 Offices of General Business 75 AUTOMOTIVE REPAIR, SERVICES AND PARKING (as noted) S S S P S S P P P S 751 Automobile Rental 24 and Leasing S S S P S S P P P S 752 Automobile Parking 0 26,30 S S S P S S P P P S 7532 Top and Interior 19 9 Repair Shops S S S P P P S 7532 Paint and Body Repair 19 9 Shops S P P S P P P S 7533 Automotive Exhaust 19 9 System Repair Shops S S S P P P S 7534 Tire Retreading Shops 19 S S P P S S P P P S 7534 Tire Repair Shops 19 9 S P P S S P P P S 7536 Automotive Glass 19 9 Replacement Shops S P P S P P P S 7537 Automotive 19 9 Transmission Repair Shops S S P P S S P P P S 7538 General Automotive 19 9 Repair Shops S S P P S S P P P S 7539 Automotive Repair 19 9 Shops, Not Elsewhere Classified Zoning Dit a Permitter'_ ")•imary Use A GC GC- Parkin Specia - R RM RM RC. RC N NS M MD CB C L H PU g I R -S -M -H R R -H C C D a D M I I D SIC Group Group Cond. S S P P S S P P P S 754 Automotive Services., 19 15 Except Repair 76 MISCELLANEOUS REPAIR SERVICES (as noted) S P P P S P P P P S 762 Electrical Repair Shop 13 S S P P P S P P P P S 763 Watch, Clock, and 13 Jewelry Repair S S S P P S S P P P S 764 Reupholstery and 14 Furniture Repair S S S P P P S 765 Welding Repair 7 S S S P P P S 7694 Armature Rewinding 7 Shop S P P S S P P P S 7699 Repair Shops and 7 Related Services, Not Elsewhere Classified 78 MOTION PICTURES 2 (as noted) S S P P S P P P P S 781 Motion Picture 7 Production and Allied Services S S P P S P P P P S 782 Motion Picture Dist. 7 and Allied Services S S P P S P 9 P P P S 7832 Motion Picture 25 Theaters (except Drive -In) P P P 7832 Adult Motion Picture 25 2 'heaters P S S P P P S 7833 Drive-in Motion 6 Picture Theaters S P P P S P P P P S 7841 Video Tape Rental 14 2 Zoning Dis `pt Perrnitten ;unary Use A, GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU . g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. 79 AMUSEMENT AND 2 RECREATION SERVICES, EXCEPT MOTION PICTURES (as noted) S S S P P S P P P P S 791 Dance Studios, 14 Schools and Halls S S P P S P P P P S 792 Theatrical Producers, 14 Bands, Orchestras and Entertainers S S P P S P P P P S 793 Bowling Centers 32 S S P P P P S 1794 Commercial Sports 25 S P P P S P P P P S 7991 Physical Fitness 14 Facilities P P P P P P P P P S P P P P 7992 Public Golf Courses 33 S S P P S P P P P S 7993 Coin -Operated 12 Amusement Devices S S 9 S S P S Gaming Rooms and 12 Devices S P P S S P P P S 7996 Amusement Parks 41 S S S S S P P P S P P P P P 7997 Membership Sports 13 and Rec. Clubs S S S S S S P P S S P P P P 7999 Amusement and 226 41 Recreation Services, Not Elsewhere Classified (except as listed) S S S P P S P P P P G rnnastics/Tunable 41 Instruction I-S S S S S S P P S P P P P udo/Karate/MMA/ 41 Instruction Zoning Di,' tit Permittec'' )-imaiy Use A GC GC- Parkin Specia - R RM RM RC RC N 'NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. S S S S S S P I' S P P P P Yoga Instruction 41 80 HEALTH SERVICES (as noted) S S S P P P S P P P P S 801 Offices and Clinics of 14 Doctors of Medicine S S S P P P S P P P P S 802 Offices and Clinics of 14 Dentists S S S P P P S P P P P S 803 Offices and Clinics of 14 Doctors of Osteopathy S S S P P P S P P P P S 804 Offices and Clinics of 14 Other Health Practitioners Includin Massage Therapists S S P P P S P P P P S 805 Nursing and Personal 28 Care Facilities S S S S S S P P S P P P P S 806 Hospitals 28 S S P P P S P P P P S 807 Medical and Dental 7 Laboratories S S S P P P S P P P P S 808 Rome Health Care 14 Facilities S S S S S S P P P S P P P P S 809 Miscellaneous Health 18 and Allied Services, Not Elsewhere Classified S S S P P P S P P P P S 81 1 LEGAL SERVICES 14 82 EDUCATIONAL SERVICES (as noted) S S S S S S S S S S S S S S S 821 Elementary Schools 30 S S S S S S S S S S I S S S S S 821 Secondary Schools 30/31 S P P S S P P P S 822 Colleges, Universities, 30/31 Professional Schools Zoning Dis `;t PerinitteC, "inrary Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Conti. and Junior Colleges P S S P P P P P P S P P P P P 823 Libraries 8 S P P P S S P P P P 824 Vocational Schools 30/31 S P P P S S P P P S 829 Schools and 30/31 Educational Services, Not Elsewhere Classified S S P P P S P P P P S 8299 Tutoring 30/31 S S S P P P S S P P P S 83 SOCIAL SERVICES 41 (except as noted) S S S P P P S P P P P S 8322 Administration office for Social Services S S S S S S S S S S 8351 Home -Based Care 41 P P P S S P P P S 8351 Center -Based Care 41 P P S P S S S 8361 Residential Care 41 19 (except as noted) S S S S S S S Halfway Homes for 41 19 Delinquents and Offenders S S S P P P S P P P P S 84 MUSEUMS, ART GALLERIES AND BOTANICAL AND OOLOGICAL GARDENS 86 MEMBERSHIP 18 ORGANIZATIONS (as noted) S S S P P S P P P P S 861 Business Associations 14 S S S P P S P P P P S 862 Professional 14 Membership Organizations Zoning Di,,'-`;d Permitter; j iniaiy Use A GC GC- Parkin Specia - R RM RM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R. R -H C C D -2 D M I I D SIC Group Group Cond. S S P P S P P P P S 863 Labor Unions and 14 Similar Labor Organ. S S P P S P P P P S 864 Civic, Social and 14 Fraternal Associations S S S P P S P P P P S 865 Political 14 Organizations S S S S S S S P P S P P S S S 866 Religious 18 Organizations S S S P P S P P S S S 869 Membership 14 Orgardzations, Not Elsewhere Classified S S S P P P S P P P P S 87 ENGINEERING, 14 ACCOUNTING, RESEARCH (COMMERCIAL AND NON- COMMERCIAL), MANAGEMENT AND RELATED SERVICES (except as noted) S S S S P S P P P P S 873 Research, 7 Development and Testing Services (except as noted) S S P P P P S 8734 Testing Laboratories 14 S S S P P P S S P P P S 89 SERVICES NOT 14 ELSEWHERE CLASSIFIED 91- GOVERNMENT 97 USES (Public- Admin.) P P P P P P P P P P P P P P Federal, State and 14 Local Government, Excluding Districts r Zoning Dig. j,t PermitteC'" "fimai•y Use A GC GC- Parluii Specia - R RM AM RC RC N NS M MD CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Gi-oup Cond. and Authorities S S S S S S S P P S P P P P S Districts and 14 Authorities S S S S S S S S S S S S S S S 99 NONCLASSIFIABLE 41 ESTABLISHMENTS (except as noted) S S S S S S S S 9991 Jails, Correctional 41 Facilities, Detention Centers, Prisons and Prison Camps, Privately Owned and Operated ON -CLASSIFIED USES RESIDENTIAL SfiS P P P P P P 8 P P Single -Family 3 27 Dwellings S S P P P S 8 P STwo-Family 3 27 Dwellings P P S S P S£ P S Multifamily 2 Dwellings P P P P P S S P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home 4 4 Subdivision P P P P P P S Model Dwelling Unit 3 P P P P P P S P Family Home (see 41 definition) ACCESSORY RESIDENTIAL Zoning Dis' j:t Permitter' 'rimaiy Use A - R R -S RM -M RM -H RC R RC R -H N C NS C GC M D GC- MD -2 CB D C M L I H I PU D SIC Group Parkin g Group Spccia 1 Cond. USES P P P P P P P P P P Accessory Building, Structure or Use 7/14 S P P P S P S Garage Apartment 1 5 P P P P P P P P Rome Occupation 14 S S SP — SP — S S P S 8P —Garetakerls-Quakere P en,an'so 1 6 Accessory Dwelling Unit P P P P P P P P S P Private Recreational Facility 8 P P P P P P P P P P Swimming Pool 3 P P P P P P P P S P Solar Collectors P P P P P P P P S P emporary Portable Storage Containers 25 PUBLIC UTILITIES P P P P P P P P P P S P P P P Cable Television, Transmission Line P P P P P P P P P P S P P P P Electrical Transmission Line P P P P P P P P P P S P P P PFiber Optic Cable Communications Line S S S S P P P S Electrical Generating Plant 41 S S S S S S S S S S S P P P S Electrical Substation 41 P P P P P P P P P P S P P P P Local Utility Service Line 41 S S S S S S Radio, Television, Microwave and Cellular Telephone 41 24 Zoning Dis, �t Permitted jimaiy Use A GC GC- Parkin Specia - R RM RM RC RC N NS M M_ D CB C L H PU g 1 R -S -M -H R R -H C C D -2 D M I I D SIC Group Group Cond. Transmission Towers S S S S S S S S S S S S P P S Railroad Tracks and Switching Yards P P P P P P P P P P S P P P P Sewage Pumping 41 Station P P P P P P P P P P S P P P P Sewage Treatment 41 Facilities P P P P P P P P P S P P P P Telephone Exchange, 41 Switching Relay or Transmitting Station S S S P P P S Utility Service or 41 Storage Yard or Buildings P P P P P P P P P P S P P P P Water Standpipe or 41 Elevated Water Supply, Water - Reservoir Well or Pumping Station P P P P P P P P P P S P P P S Water Treatment Plant 41 S P P P P S S P P P S Utility Business 41 Office (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-51, sec. 1, adopted 7/14/81; Ordinance 81-58, sec. 2, adopted 7/28/81; Ordinance 81-79, secs. 2, 4, adopted 10/6/81; Ordinance 82-88, sec. 1, adopted 8/17/82; Ordinance 82-99, sec. 1, adopted 8/31/82; Ordinance 82-109, sec. 4, adopted 9/14/82; Ordinance 82-134, sec. 2, adopted 12/14/82; Ordinance 83-10, sec. 1, adopted 1/25/83; Ordinance 83-45, sec. 1, adopted 4/26/83; Ordinance 84-12, sec. 1, adopted 1/17/84; Ordinance 84-13, sec. 1, adopted 1/17/84; Ordinance 86-89, see. 2, adopted 8/26/86; Ordinance 87-33, secs. 1, 3, 10, 12, adopted 4/28/87; Ordinance 87-74, sec. 2, adopted 9/22/87; Ordinance 89-10, sec. 2, adopted 2/28/89; Ordinance 89-14, sec. 1, adopted 3/7/89; Ordinance 92- 62, sec. 2, adopted 8/11/92; Ordinance 92-63, sec. 2, adopted 8/25/92; Ordinance 93-69, sec. 1, adopted 11/23/93; Ordinance 98-7, sec. 4, adopted 2/3/98; Ordinance 04-054, sec. 1, adopted 7/27/04; Ordinance 05- 010, sec. 1, adopted 1/11105; Ordinance 05-034, sec. 2, adopted 3/29/05; Ordinance 06-036, sec. 2, adopted 1/11/06; Ordinance 06-062, sec. 1, adopted 9/26/06; 1978 Code, sec. 30-24; Ordinance 07-096, sec. 2, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 2, adopted 8/26/08; Ordinance 08-097, sec. 1, adopted 11/4/08; Ordinance 08-106, sec. 3, adopted 11/25/08; Ordinance 09-020, sec. 1, adopted 4/28/09; Ordinance 10-041, sec. 1, adopted 6/8/10; Ordinance 10-049, sec. 1., adopted 6/29/10; Ordinance 11-021, sec. 1, adopted 3/8/11; Ordinance 12-074, sec. 9, adopted 9/25/12; Ordinance 12- 084, secs. 1-2, adopted 10/30/12; Ordinance 13-003, sec. 3, adopted 1/15/13; Ordinance 13-004, sec. 7, adopted 1/15/13; Ordinance 13-012; p. 1, adopted 2/26/13; Ordinance 17-0 jtdopted 10/24/17; Ordinance 18-062 adopted 10/23/18) City of Bcaumont,'fX 1 1 § 28.04.008. 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 more of said sections 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) Special conditions by use. (1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions: (A) Area. The site shall contain two (2) or more acres of land. (B) Density. The 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) Yards. A minimum ten (10) 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) Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter. (E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet. (F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued. (G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space. (H) Co -owners' association and assessments. A co-owner association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities, and private streets and approved by the city attorney. There shall be a declaration creating an association of co -owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that.provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word "owner" shall mean the record owner, whether one or more persons or other unit which is a part of the development, including sellers Downloaded from https://ecode360.com/BE6239 on 2024-10-22 under 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 minimum assessments and maintenance fees. (i) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extraordinary maintenance and repair of all private streets within the development. The 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 distinguished from private driveways leading into one or more lots or other units. (ii) Utility, water and sewer assessments. A monthly assessment for each owner's pro rata shares of the monthly utilities which may be metered or sold to the development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment herein above provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the development, as distinguished from lines which serve only one or more units. Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the City, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required. (iii) Maintenance of common 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 planning commission or the city council directs. (2) Adult entertainment uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertaimment use is a primary or accessory use. Adult entertainment 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 modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers, or other similar entertainers. (A) Ali adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of any dwelling. (B) An adult entertaimnent use shall not be established or expanded within three hundred (300) feet of any other adult entertainment use, bar, pool hall, or liquor store. (C) An adult entertainment 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) The method of measuring the distance between an adult entertainment use and another adult entertainment 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) Swimming 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) Mobile home. A mobile home shall be permitted only in a mobile home park or a mobile home subdivision or as a single-family use for security caretaker housing on property and facilities used as a governmental or public school district use through a specific use permit. (5) Garage apartments. Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements are permitted. (6) Sep, nt's er- eaFet. leek's Eptafter-8 Accessory dwelling unit. Accessory dwelling units that are occupied by members of the familv of the occupant of the Principal_ dwelling are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space, and off-street parking requirements. (7) Accessory buildings. An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected 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 a 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 on an accessory building. (8) Private recreation facility. Private recreation facilities in residential districts shall for multifamily developments, subdivisions, or homeowners' associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners' association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet ball, croquet, and tennis 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 shall 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 maximum of twenty (20) spaces. (9) Auto repair garage. Automobile repairing, painting, upholstering, and body and fender work shall be performed only under the following conditions: (A) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress; (B) No spray painting may be done except in a building or room specially designed for that purpose; (C) All other auto repairing, etc., shall be conducted within a building enclosed on at least three (3) sides. (10) Temporary batchingfacility. 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) miles 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 same location for more than four (4) specific use permits during any thirty (30) month period. Within thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition. (11) Restaurant. The sale of alcoholic beverages shall be permissible only as an adjunct, minor, and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places as a use of right. (12) Offices. Office development in the OP, office park district, shall be subject to the following additional supplemental conditions: (A) A minimum ten (10) foot landscaped open space buffer strip shall be provided along any property line which abuts a residential zoning district. (B) A minimum twenty-five (25) 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) Renting equipment. Special use permits are not required for the rental of equipment in a zoning district that permits the sale of the equipment as a right. (14) Accessory parking. 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 limitations. In a GC -MD district a towing service shall only be permitted to store no more than ten (10) vehicles on the lot or premises 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 and helistops. Heliports and helistops, as defined in section 28.01.004(b), are subject to the requirements of article 14.02, division of the City Code of Ordinances. (17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC, GC -MD, GCMD-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 kennels and veterinary services 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 kernels (SIC 0752) with a specific use permit. (18) Permitted land uses. The land uses listed under SIC Group Number 20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the GC -MD, CBD and C- M Zoning Districts if. (i) granted a specific use permit and (ii) it complies with the following conditions: (A) All business -related activities, including storage of materials and equipment, shall be conducted within 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 approval. The 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 maximum gross floor area for any lot or premises 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 28.04.007, will be applicable. (G) Subsection (18) shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). (19) Residential care uses. Compliance with the following conditions is required: (A) At least fifteen (15) days prior to the issuance of a building permit and/or a certificate of occupancy, written documentation must be submitted to the building official outlining the type, size, location, characteristics, and proposed activities of the facility. The names, addresses, and phone numbers of the operators, general operation information, a site plan, and a list of the licenses and grants the facility will operate under must also be submitted. (B) The owners of property within two hundred (200) feet of the proposed facility's property lines must receive a written notice of compliance with 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 subsection (19)(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 may be required by the Community Development Director to provide twenty-four (24) hour on -site supervision of its residents or clients on the basis of necessity or history of criminal activity associated with the proposed location. (E) A facility must comply with the following densities: Zoning District RMM RMH RCR GC -MD GC-MD-2 CBD 'OM MininiumSquare Feet of Lot Area Per Resident 800 500 500 500 500 a No minimum as determined by specific use z permit (F) A sign measuring 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) Storage of plastic and rubber material. 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, whichever is greater. (D) The regulations of the fire code shall be complied 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 breakfast facility. (A) General purpose and description. The establislmient of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to the city, but,the income for such facility provides incentives for maintaining the city's older homes. This subsection is 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 the city's older homes to continue occupancy and maintenance of historic structures. (B) Definition. An owner -occupied private home built prior to 1950 and located within an historic district or awarded an HC-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 fiinctions as regulated in this subsection. (C) Special regulations for bed and breakfast facilities. (i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in a historical district or awarded an HC-L designation and/or of historic significance. (ii) Specific use permit required. (i) A specific use permit granted by city council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the City Code of Ordinances, section 28.02.008. (ii) 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. (iii)Issuance of a specific use permit by the city council, after recommendation by the plamling commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. (iv)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. (iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area. (iv) Number of guest rooms. A maximum number of five (5) guest rooms is allowed. (v) Management. The facility shall be owner occupied. (vi) Length of stay. Maximum length of stay is limited to fourteen (14) consecutive days in any thirty (30) day period of time. The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests. (vii) Sianaae. Signs shall be permitted upon approval of a building permit by the chief building inspector and 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)Parkin . One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed 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 adjacent 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) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and building code requirements and must be approved by the historic landmark commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance). (x) Other uses. (i) The sale and/or display of merchandise or other conunodities is prohibited. (ii) Weddings, receptions, luncheons, cocktail parties, or any other such Rinction for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The planning division is to be notified of the functions taking place. Notification shall be filed with the planning division on a quarterly basis, indicating the type of function, 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 streets. (xi) Health fire and building considerations. All bed and breakfast facilities shall meet all applicable local and state regulations. (23) In GC -MD and C13D, 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 from 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 (2) 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 manner 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 may become a physical danger to persons or property, the appropriate code enforcement officer(s) may require the immediate 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 planning '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 (2) axles or that have a rated carrying capacity in excess of two (2) 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- family dwelling located within five hundred (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 with the majority of the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located; (C) Comply with building setbacks, the subdivision ordinance, and other site requirements applicable to single-family and duplex dwellings; and (D) Be securely fixed to a permanent foundation as defined by the city adopted building codes. Permanent foundation shall mean one of the following: (i) Pier and beam 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 permitted except in designated recreational vehicle parks. (29) For the purpose of this section, bottle chubs, which shall be defined as social meeting places where patrons are served drinks from 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 fiom the individual's own bottle or private stock. (30) Eighteen (18) wheeler trailers, also known as shipping containers, shall not be used as storage units except in the LI and HI districts. (A) Eighteen (18) wheeler trailers or shipping containers•may bellowed in the GC -MD district in a manner as provided herein: (i) In the GC -MD district, 18-wheeler trailers or used for storage or occupiable spaces, provided the structure complies with the building code, fire code, zoning code, health code and other applicable codes of the city. The integration of art within occupiable commercial spaces is encouraged to enhance aesthetic quality, community enga end landscaping, or other approved methods -that ensure the 18-wheeler trailer or shipping container is not visible from public view along the street right- of-way. Pe rpetual maintenance of the screening shall be the resporisibility of the owner. (ii) Temporary placement of 18-wheeler trailers or shipping containers for temporary storage may be considered on commercial) zoned oned properties, provided that the property owner, or their designee: submits a letter of reasoning, a t�roposed timeline of placement and removal. and a site plan to the Planning, and Community Development Director, or their designee, for review. The Planning, and Community Development Director, or their designee, will determine whether the request complies with the building code, fire code, zoning code, liealth code and other applicable codes of the city. Approval must be granted before the trailer(s) or container(s) are placed on the property. (iii) 18-wheeler trailers or shipping containers shall not be used as stora-ge Units in the 1-Iistoric-Cultural Landmark Preservation Overlay District. (iv)The 18-wheeler trailers or shipping containers used as permanent structures shall can >l_ly with the adopted codes of the city including all property maintenance codes. The owner shall be lield responsible to ensure compliance with this section and all applicable city codes. (3 1) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H districts. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 1, adopted 7/28/81; Ordinance 82-109, secs. 2, 3, adopted 9/14/82; Ordinance 86-89; see. 3, adopted 8/2/86; Ordinance 87-33, sec. 2, adopted 4/28/87; Ordinance 87-60, sec. 2, adopted 7/28/87; Ordinance 87-74, sec. 3, adopted 9/22/87; Ordinance 87-79, see. 1, adopted 10/13/87; Ordinance 87-84, sec. 1, adopted 10/27/87; Ordinance 89-10, sec. 1, adopted 2/28/89; Ordinance 89-14, sec. 2, adopted 3/7/89; Ordinance 89-21, sec. 2, adopted 4/25/89; Ordinance 92-63, sec. 3, adopted 8/25/92; Ordinance 93-69, sec. 3, adopted 11/23/93; Ordinance 98-7, sec. 11, adopted 2/3/98; Ordinance 02-029, sec. 2, adopted 4/23/02; Ordinance 02-058, sec. 1, adopted 8/27/02; Ordinance 05-010, sec, 1, adopted 1/11105; Ordinance 05-034, sec. 2, adopted 3/39/05; 1978 Code, sec. 30-33; Ordinance 07-096, sec. 3, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 3, adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031, sec. 10, adopted 6/26/12; Ordinance 12-074, secs. 10-11, adopted 9/25/12; Ordinance 13-003, secs. 4-5, adopted 1/15/13; Ordinance 13-033, sec. 2, adopted 6/4/13; Ordinance 21-026 adopted 5/4/21; Ordinance 24-014 adopted 3/19/2024)