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(a) A limited use must be contained entirely within a building and be primarily for the service of the occupants of the building.
(b) A limited use may not have a floor area that in combination with the floor areas of other limited uses in the building exceeds 10 percent of the floor area of the building.
(c) A limited use must:
(1) have no exterior public entrance except through the general building entrances; and
(2) have no exterior advertising signs on the same lot. (Ord. 19455)
(a) General provisions.
(1) The SUP provides a means for developing certain uses in a manner in which the specific use will be compatible with adjacent property and consistent with the character of the neighborhood.
(2) The use regulations for each use in Division 51A-4.200 state whether an SUP is required for a use to be permitted in a zoning district. The SUP requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each SUP application must be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. Each SUP must be granted by the city council by separate ordinance.
(3) The city council shall not grant an SUP for a use except upon a finding that the use will:
(A) complement or be compatible with the surrounding uses and community facilities;
(B) contribute to, enhance, or promote the welfare of the area of request and adjacent properties;
(C) not be detrimental to the public health, safety, or general welfare; and
(D) conform in all other respects to all zoning regulations and standards.
(4) The granting of an SUP has no effect on the uses permitted as of right and does not waive the regulations of the underlying zoning district.
(5) The city council may impose reasonable conditions upon the granting of an SUP consistent with the purposes stated in this chapter.
(6) The applicant shall post the SUP ordinance in a conspicuous place on the property, except where a use has no interior building space (for example, a private street or alley use). The applicant shall post the SUP ordinance by June 1, 2006.
(b) Specific use permit procedure.
(1) An applicant for an SUP shall comply with the zoning amendment procedure for a change in zoning district classification. Each SUP ordinance is incorporated by reference into this chapter.
(2) At the time of applying for an SUP, the applicant shall submit:
(A) a site plan that includes:
(i) the dimensions, bearings, and street frontage of the property;
(ii) the location of buildings, structures, and uses;
(iii) the method of ingress and egress;
(iv) off-street parking and loading arrangements;
(v) screening, lighting, and landscaping, if appropriate;
(vi) the locations, calipers, and names (both common and scientific) of all trees near proposed construction activity (trees in close proximity that all have a caliper of less than eight inches may be designated as a “group of trees” with only the number noted); and
(vii) any other information the director determines necessary for a complete review of the proposed development; and
(B) a traffic impact analysis if the director determines that the analysis is necessary for a complete review of the impacts of the proposed development.
(3) If the director determines that one or more of the items listed in Paragraph (2) is not necessary to allow for a complete review of the proposed development, he shall waive the requirement that the item(s) be provided.
(4) The minor amendment process allows flexibility as necessary to meet the contingencies of development. Amendments that do not qualify as minor amendments must be processed as a zoning amendment. The city plan commission shall, after a public hearing, authorize minor changes in the site plan that otherwise comply with the SUP ordinance and the underlying zoning and do not:
(A) alter the basic relationship of the proposed development to adjacent property;
(B) increase the number of dwelling units shown on the original site plan by more than 10 percent;
(C) increase the floor area shown on the original site plan by more than five percent or 1,000 square feet, whichever is less;
(D) increase the height shown on the original site plan;
(E) decrease the number of off-street parking spaces shown on the original site plan so as to create a traffic hazard or traffic congestion or fail to provide adequate parking; or
(F) reduce setbacks at the boundary of the site as specified by a building or setback line shown on the original site plan.
For purposes of this paragraph, “original site plan” means the earliest approved site plan that is still in effect, and does not mean a later amended site plan. For example, if a site plan was approved with the specific use permit and then amended through the minor amendment process, the original site plan would be the site plan approved with the specific use permit, not the site plan as amended through the minor amendment process. If, however, the site plan approved with the specific use permit was replaced through the zoning amendment process, then the replacement site plan becomes the original site plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process.
An applicant or owner of real property within the notification area may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available.
(5) Reserved.
(6) A time limit may be imposed as a condition upon the granting of an SUP. If a time limit has been imposed, the SUP automatically terminates when the time limit expires. Except as otherwise provided in Subsection (c), the applicant shall go through the procedures outlined above in Paragraphs (1) and (2) to renew an SUP.
(7) As a further condition to the granting of an SUP, the city council may require the property owner to participate in cost-sharing for infrastructure improvements that are in part necessitated by the proposed development. In no case, however, shall the property owner be required to pay for more than 50 percent of the cost of improvements located more than 250 feet from the lot.
(8) The minor amendment process allows flexibility as necessary to meet the contingencies of development. Amendments that do not qualify as minor amendments must be processed as a zoning amendment. The city plan commission shall, after a public hearing, authorize minor changes in the landscape plan that otherwise comply with the SUP ordinance and the underlying zoning and do not:
(A) reduce the perimeter landscape buffer strip shown on the original landscape plan;
(B) detrimentally affect the original landscape plan’s aesthetic function relative to adjacent right-of-way or surrounding property; or
(C) detrimentally affect the original landscape plan’s screening or buffering function.
For purposes of this paragraph, “original landscape plan” means the earliest approved landscape plan that is still in effect, and does not mean a later amended landscape plan. For example, if a landscape plan was approved with the specific use permit and then amended through the minor amendment process, the original landscape plan would be the landscape plan approved with the specific use permit, not the landscape plan as amended through the minor amendment process. If, however, the landscape plan approved with the specific use permit was replaced through the zoning amendment process, then the replacement landscape plan becomes the original landscape plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process.
An applicant or owner of real property within the notification area may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available.
(c) Automatic renewals.
(1) As part of an SUP ordinance or ordinance amendment, the city council may declare that an SUP is eligible for automatic renewal pursuant to this subsection. Automatic renewal is an alternative to the standard method of renewing an SUP by amending the SUP ordinance. In order for automatic renewal to occur, the property owner or his representative must file a complete application for automatic renewal with the director after the 180th day but before the 120th day before the expiration of the current SUP time period. If a fee is required, the application is not considered “filed” until the fee is paid. For more information regarding fees, see Section 51A-1.105.
(2) Automatic renewal does not result in an amendment to the SUP ordinance. An applicant seeking to change the SUP conditions or to otherwise amend the SUP ordinance must go through the procedures outlined in Subsection (b).
(3) An application for automatic renewal must be filed with the director on a form furnished by the city for that purpose. As part of the application, the property owner or his representative shall state that all existing SUP conditions have been complied with, and that no changes to the conditions or other SUP ordinance provisions are being requested.
(4) Failure to timely file a complete application required under Paragraph (1) renders the SUP ineligible for automatic renewal. The city council may, however, reinstate an SUP’s eligibility for future automatic renewals as part of a new SUP ordinance or ordinance amendment.
(5) Upon the filing of a complete application for automatic renewal, the director shall send written notice to all owners of real property lying within 200 feet of the area governed by the SUP. The notice must state that the SUP is eligible for automatic renewal and may be automatically renewed without further notice.
(6) If the owners of 20 percent or more of the land within 200 feet of the area governed by the SUP file a written protest against the automatic renewal in accordance with this paragraph, the director shall forward the application to the city plan commission and city council for further action. Written protests against an automatic renewal must be filed with the director before 5:00 p.m. of the 21st calendar day after the date the notice is mailed. A protest sent through the mail must be received by the director before the deadline. If the deadline falls on a Saturday, Sunday, or official city holiday, then the protests must be filed before noon of the following working day. To the extent that they do not conflict with this subsection, the provisions of Section 51A-4.701 governing written protests in zoning cases apply to protests filed under this subsection.
(7) After the deadline for filing written protests has passed, the director shall review the conditions of the SUP and determine whether the conditions have been met. If the director determines that the conditions have not been met, he shall forward the application to the city plan commission and city council for further action.
(8) “Further action” as that term is used in Paragraphs (6) and (7) means that the director shall schedule the application for public hearings before both the city plan commission and the city council. Notice of the public hearings must be given as would be required by law for a change in zoning district classification. The city plan commission shall make a recommendation to the city council regarding the proposed renewal based on staff reports, field inspections, and the evidence presented at its public hearing.
(9) In connection with an application that has been forwarded to it by the director pursuant to Paragraph (6) or (7), the city council may:
(A) pass an amending ordinance to repeal the SUP’s eligibility for automatic renewal, or to supplement, remove, or amend any of the conditions or other provisions in the SUP ordinance; or
(B) take no action and thereby allow the SUP to automatically renew as a matter of law.
(10) No renewal or expiration of an SUP may occur while the application is pending before the city plan commission or city council. If the application is pending at the end of the current time period stated in the SUP ordinance, the time period shall be extended as a matter of law until:
(A) the day following the next succeeding official agenda meeting of the city council after the council makes its final decision on the application; or
(B) if the council votes to pass an amending ordinance, until the effective date of the amending ordinance.
(11) The renewal of an SUP eligible for automatic renewal occurs as a matter of law at the end of the current time period as stated in the SUP ordinance, or as extended pursuant to Paragraph (10). Unless otherwise specified in the SUP ordinance, an automatic renewal is for the same time period as the immediately preceding time period [excluding, if applicable, extensions pursuant to Paragraph (10)].
(12) An SUP that is automatically renewed pursuant to this subsection may continue to be automatically renewed in perpetuity so long as the owner or his representative continues to timely file the applications for automatic renewal required under Paragraph (1). Failure to timely file this application during any renewal period renders the SUP ineligible for further automatic renewal. The city council may, however, reinstate the SUP’s eligibility for future automatic renewals as part of a new SUP ordinance or ordinance amendment.
(13) This subsection does not impair the ability of the city plan commission or city council to call a public hearing on its own motion for the purpose of passing an amending ordinance to repeal an SUP’s eligibility for automatic renewal, or to supplement, remove, or amend any of the conditions or other provisions in an SUP ordinance. (Ord. Nos. 19455; 20132; 20496; 22053; 23997; 26270; 26730)
(a) Initiation.
(1) A person, the commission, or the city council may propose zoning amendments to regulate new and previously unlisted uses.
(2) A person requesting the addition of a new use shall submit to the director all information necessary for the classification of the use, including, but not limited to:
(A) the nature of the use and whether the use involves dwelling activity, sales, or processing;
(B) the type of product sold or produced under the use;
(C) whether the use has enclosed or open storage and the amount and nature of the storage;
(D) anticipated employment;
(E) transportation requirements;
(F) the nature and time of occupancy and operation of the premises;
(G) the off-street parking and loading demands;
(H) the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated; and
(I) the requirements for public utilities such as sanitary sewer and water.
(b) Use regulations. New use regulations must contain the following information:
(1) The definition of the use.
(2) The zoning districts within which the use is permitted.
(3) The required off-street parking.
(4) The required off-street loading.
(5) Any additional provisions reasonably necessary to regulate the use. (Ord. 19455)
(a) Purpose. All uses operated as sexually oriented businesses are subject to the licensing and locational restrictions in Chapter 41A. This section expressly classifies the sexually oriented businesses defined in Chapter 41A for zoning purposes. These classifications codify the existing practices of the building official and should not be construed as changing the locational restrictions in Chapter 41A.
(b) Definitions. In this section:
(1) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment that as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(A) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, DVD’s, video cassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or
(B) instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
(3) ADULT CABARET means a commercial establishment that regularly features the offering to customers of adult cabaret entertainment.
(4) ADULT CABARET ENTERTAIN-MENT means live entertainment that:
(A) is intended to provide sexual stimulation or sexual gratification; and
(B) is distinguished by or characterized by an emphasis on matter depicting, simulating, describing, or relating to “specified anatomical areas” or “specified sexual activities.”
(5) ADULT MOTEL means a hotel, motel, or similar commercial establishment that:
(A) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign (as defined in this section) visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
(B) offers a sleeping room for rent for a period of time that is less than 10 hours; or
(C) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
(6) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(7) ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) ESCORT AGENCY means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
(9) NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(10) NUDITY or a STATE OF NUDITY means:
(A) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(B) a state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.
(11) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, or nude model studio, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(12) SIGN means any display, design, pictorial, or other representation that is:
(A) constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business; and
(B) used to seek the attraction of the public to any goods, services, or merchandise available at the sexually oriented business. The term “sign” also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.
(13) SPECIFIED ANATOMICAL AREAS means:
(A) any of the following, or any combination of the following, when less than completely and opaquely covered:
(i) any human genitals, pubic region, or pubic hair;
(ii) any buttock; or
(iii) any portion of the female breast or breasts that is situated below a point immediately above the top of the areola; or
(B) human male genitals in a discernibly erect state, even if completely and opaquely covered.
(14) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(A) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(B) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection with any of the activities set forth in Subparagraphs (A) through (C) of this paragraph.
(c) Zoning classification of sexually oriented businesses. The different types of sexually oriented businesses defined above are classified as follows for zoning purposes:
SEXUALLY ORIENTED BUSINESS | CHAPTER 51, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE XIII, ZONING CLASSIFICATION |
SEXUALLY ORIENTED BUSINESS | CHAPTER 51, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE IV, ZONING CLASSIFICATION | CHAPTER 51A, ARTICLE XIII, ZONING CLASSIFICATION |
Adult arcade | Inside commercial amusement See Section 51-4.208. | Commercial amusement (inside) | Commercial amusement (inside) See Section 51A-13.306(d)(6)(A). |
Adult bookstores or adult video stores | Retail stores other than listed See Section 51-4.211. | General merchandise or food store | Retail sales See Section 51A-13.306(d)(5)(C). |
Adult cabaret | Inside commercial amusement See Section 51-4.208. | Commercial amusement (inside) | Commercial amusement (inside) See Section 51A-13.306(d)(6)(A). |
Adult motel | Hotel and motel See Section 51-4.216.1. | Hotel or motel | Overnight lodging See Section 51A-13.306(d)(7)(B). |
Adult motion picture theater | Theatre See Section 51-4.208. | Theater | Indoor recreation See Section 51A-13.306(d)(6)(B). |
Escort agency | Office See Section 51-4.210. | Office | Office See Section 51A-13.306(d)(4)(B). |
Nude model studio | Photography studio See Section 51-4.211. | Personal service | Personal service See Section 51A-13.306(d)(6)(D). |
(d) Always a main use. A use being operated as a sexually oriented business shall at all times be considered a separate main use, and cannot be an accessory use within the meaning of Section 51A-4.217. (Ord. Nos. 24438; 24696; 26513; 27404; 27495; 27790)
(a) General provisions.
(1) Off-street parking is an accessory use and is subject to Section 51A-4.217(a).
(3) When a lot is used for a combination of uses, the off-street parking requirements are the sum of the requirements for each use, and no off-street parking space for one use is included in the calculation of off-street parking requirements for any other use, except as otherwise provided in this division or in Division 51A-4.320.
(4) For purposes of determining required off-street parking, site area, as defined in Section 51A-2.102, does not include that area occupied by off-street parking, landscaped areas, and open space not used for storage or sales.
(4.1) For purposes of determining required off-street parking, floor area does not include the area of a building used exclusively to provide bicycle parking spaces.
(5) In determining the required number of parking spaces, fractional spaces are counted to the nearest whole number, with one-half counted as an additional space.
(6) No parking space located on a public street or alley may be included in the calculation of off-street parking requirements.
(7) Except for residential uses, head-in parking adjacent to a public street where the maneuvering of the vehicle in parking or leaving the parking space is done on a public street is excluded in computing off-street parking requirements.
(8) In all districts except a central area district, required off-street parking must be available as free parking or contract parking on other than an hourly or daily fee basis. This requirement does not apply to institutional uses or mechanized parking approved under Division 51A-4.340.
(9) A parking space must be at least 20 feet from the right-of-way line adjacent to a street or alley if the space is located in enclosed structure and if the space faces upon or can be entered directly from the street or alley. This provision controls over any building line platted to a lesser setback and any other provision of this article.
(10) Except as specifically permitted in this article, all off-street parking must be provided on the lot occupied by the main use.
(11) The board of adjustment may not authorize the placement of special parking, as defined in Division 51A-4.320, in a residential district.
(12) Off-street parking may be provided in a parking district in accordance with Section 51A-4.302.
(13) In an agricultural, multifamily, MH(A), or nonresidential district, a person shall not construct or maintain a parking lot or garage that has access to a public alley or access easement that abuts or is in an R, R(A), D, D(A), TH, TH(A), or CH district unless the director approves the means of access.
(14) Off-street parking is not permitted in a visibility triangle as defined in Section 51A-4.602.
(b) Off-street parking provisions for residential districts.
(1) In residential districts, any off-street parking for nonresidential uses must comply with the minimum front yard requirements of Section 51A-4.401.
(2) In residential districts except an MF-3(A) or MF-4(A) district, required off-street parking for residential uses must be located behind a required front building line.
(3) In an MF-1(A), MF-1(SAH), MF-2(A), or MF-2(SAH) district, no required or excess parking may be placed in the required front yard.
(4) In an MF-3(A) or MF-4(A) district, any off-street parking for residential uses may extend to the front property line.
(5) Except for mechanized parking approved under Division 51A-4.340, in single family, duplex, townhouse, and CH districts, off-street parking must be provided at or below ground level.
(c) Off-street parking provisions for nonresidential districts.
(1) In nonresidential districts, any off-street parking may extend to the front property line.
(2) thru (5) Reserved.
(6) In order to provide adequate off-street parking for large scale mixed use development projects, the following are excluded in the calculation of off-street parking requirements:
(A) Ten percent of the required parking for the office use when that use totals in excess of 250,000 square feet in floor area and is developed on the same lot with a use qualifying for an exception under Subsections (c)(6)(B) or (C) of this section.
(B) Ten percent of the required parking for the hotel and motel use when that use totals in excess of 250 guest rooms and is developed on the same lot with a use qualifying for an exception under Subsections (c)(6)(A) or (C) of this section.
(C) Ten percent of the required parking for the retail and personal service uses, when those uses total in excess of 40,000 square feet in floor area and are developed on the same lot with a use qualifying for an exception under Subsections (c)(6)(A) or (B) of this section.
(D) Fifty percent of the required parking for the following uses when developed on the same lot with an office use with more than 250,000 square feet of floor area or a hotel or motel use with more than 250 guest rooms:
-- Bar, lounge, or tavern.
-- Carnival or circus (temporary)
-- Catering service.
-- Commercial amusement (inside).
-- Commercial amusement (outside).
-- Country club with private membership.
-- Drive-in theater.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
-- Restaurant without drive-in service.
-- Restaurant with drive-in or drive-through service.
-- Theater.
(7) Retail mall parking.
(A) For purposes of this subsection:
(i) a “retail mall” is a building containing retail uses that occupy at least 400,000 square feet of gross floor area (excluding the pedestrian way). A retail mall may have additional uses; and
(ii) the term “recreation and entertainment uses” means the following uses:
-- Carnival or circus (temporary).
-- Commercial amusement (inside).
-- Commercial amusement (outside).
-- Country club with private membership.
-- Drive-in theater.
-- Private recreation center, club, or area.
-- Public park, playground, or golf course.
-- Theater.
(B) A retail mall is eligible for the parking requirement reduction in this subsection only if:
(i) all uses in the retail mall are physically attached to and have public access to an environmentally controlled pedestrian way; and
(ii) the floor area of the pedestrian way is at least seven percent of the gross floor area of the retail mall.
(C) The number of required off-street parking spaces for a retail mall is reduced as follows:
(i) 10 percent for all uses (including the pedestrian way), other than recreation and entertainment uses;
(ii) 50 percent for recreation and entertainment uses, other than theater uses, for floor area up to 10 percent of the gross floor area of the retail mall (including the pedestrian way); and
(iii) 50 percent for a theater use when the theater use is on the same building site as the retail mall and utilizes the same parking area as the retail mall.
(D) No reduction in required off-street parking spaces is allowed for that part of the gross floor area devoted to recreation and entertainment uses, other than theater uses, that is in excess of 10 percent of the gross floor area of the retail mall (including the pedestrian way).
(E) This subsection may not be used in conjunction with Section 51A-4.301(c)(6) to calculate a further reduction in the number of required off-street parking spaces for large scale mixed use development projects.
(d) Construction and maintenance provisions for off-street parking.
(1) Each off-street parking space must be provided in accordance with the following dimensional standards:
(A) A parking space parallel with the access lane must be 22 feet long and 8 feet wide. A one-way access lane must be at least 10 feet wide; a two-way access lane must be at least 20 feet wide.
(B) All other parking spaces must be provided in accordance with this section and the chart entitled “Parking Bay Widths” on page 271.
(C) The following restrictions apply to the use of 7.5 foot stalls to satisfy off-street parking requirements:
(i) 7.5-foot wide stalls must be double-striped and identified by pavement markings which indicate that the stalls are for small car parking.
(ii) 7.5-foot wide stalls may constitute no more than 35 percent of the required parking spaces for any use.
(2) For a use other than a single family, duplex, or vehicle storage lot use, each off-street parking space must be clearly and permanently identified by stripes, buttons, tiles, curbs, barriers, or another method approved by the building official.
(3) For a single family or duplex use, the surface of a parking space, maneuvering area for parking, or driveway must consist of an all-weather and drainable material which is approved by the building official, or a material specified in Subsection (d)(4).
(3.1) For a vehicle storage lot use, the surface of a parking space, maneuvering area for parking, or driveway must consist of an all weather material which allows delivery and release of vehicles in all weather conditions as approved by the director, unless paving surface requirements reasonably consistent with this paragraph and Subsection (d)(4) are provided in an ordinance granting or amending a specific use permit or a planned development district.
(4) For a use other than a single family, duplex, or vehicle storage lot use, the surface of an enclosed or unenclosed parking space, maneuvering area for parking, or a driveway which connects to a street or alley must be on a compacted sub-grade, and must consist of:
(A) concrete paving;
(B) hot mix asphalt paving which consists of a binder and surface course; or
(C) a material which has equivalent characteristics of Subsections (d)(4)(A) or (d)(4)(B) and has the approval of the building official.
(5) A person commits an offense if he stops, stands, parks, or maneuvers a motor vehicle on a lot, unless the vehicle is on a surface as required in Subsections (d)(3) and (d)(4). The registered owner of an unattended or unoccupied vehicle is presumed to be the person who illegally parked the motor vehicle. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the state highway license was issued is prima facie evidence of ownership by the named individual.
(5.1) A person commits an offense if he owns, occupies, or is in control of property on which a motor vehicle is maneuvered, stopped, stood, or parked, unless the vehicle is maneuvered, stopped, stood, or parked on a surface as required in Subsections (d)(3) and (d)(4).
(6) The owner of off-street parking for a use other than single family or duplex use shall:
(A) keep the maneuvering area and parking surface free of potholes;
(B) maintain wheelguards and barriers; and
(C) maintain non-permanent parking space markings such as paint, so that clear identification of each parking space is apparent.
(7) Off-street parking spaces for nonresidential uses and parking spaces along the perimeter of a commercial parking lot or garage must have wheel guards not less than 6 inches in height or other barriers approved by the building official. The wheel guard or barrier must be at least three feet from the screening and must be placed so that:
(A) no part of the automobile extends into the public sidewalk or adjoining property; and
(B) no part of the automobile contacts screening.
(8) All off-street parking spaces and areas must comply with the guidelines established in the Off-Street Parking Handbook. The director shall keep a true and correct copy of the Off-Street Parking Handbook on file in his office for public inspection and/or copying upon request.
PARKING WAY WIDTHS
PARKING ANGLE | 7.5' STALL | 8.5' STALL | 9.0' STALL | 10.0' STALL | ||||||||||||||||||||
AISLE | ONE ROW | TWO ROWS | AISLE | ONE ROW | TWO ROWS | AISLE | ONE ROW | TWO ROWS | AISLE | ONE ROW | TWO ROWS | |||||||||||||
ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | |
PARKING ANGLE | 7.5' STALL | 8.5' STALL | 9.0' STALL | 10.0' STALL | ||||||||||||||||||||
AISLE | ONE ROW | TWO ROWS | AISLE | ONE ROW | TWO ROWS | AISLE | ONE ROW | TWO ROWS | AISLE | ONE ROW | TWO ROWS | |||||||||||||
ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | ONE WAY | TWO WAY | |
30 | 12.0' | 18.0' | 26.5' | 32.5' | 41.0' | 47.0' | 11.1' | 20.0' | 27.5' | 36.4 | 43.9' | 52.8' | 10.7' | 20.0' | 27.5' | 36.8' | 53.6' | 53.6' | 9.3' | 20.0' | 27.0' | 37.7' | 44.7' | 55.4' |
40 | 12.0' | 18.0' | 28.0' | 34.0' | 44.0' | 50.0' | 11.4' | 20.0' | 29.5' | 38.1 | 47.6' | 56.2' | 11.0' | 20.0' | 29.5' | 38.1' | 56.9' | 56.9' | 9.3' | 20.0' | 28.5' | 39.2' | 47.7' | 58.4' |
50 | 12.0' | 18.0' | 29.1' | 35.1' | 46.2' | 52.2' | 12.7' | 20.0' | 32.0' | 39.3 | 51.3' | 58.6' | 11.4' | 20.0' | 31.0' | 39.6' | 59.2' | 59.2' | 9.9' | 20.0' | 30.1' | 40.2' | 50.3' | 60.4' |
60 | 14.0' | 18.0' | 31.6' | 35.6' | 49.2' | 53.2' | 15.2' | 20.0' | 35.0' | 39.8 | 54.8' | 59.6' | 14.0' | 20.0' | 34.0' | 40.0' | 60.0' | 60.0' | 10.4' | 20.0' | 31.0' | 40.6' | 51.6' | 61.2' |
70 | 15.0' | 18.0' | 32.6' | 35.6' | 50.2' | 53.2' | 18.2' | 20.0' | 38.0' | 39.8 | 57.8' | 59.6' | 17.0' | 20.0' | 37.0' | 40.0' | 60.0' | 60.0' | 13.7' | 20.0' | 34.0' | 40.3' | 54.3' | 60.6' |
80 | 18.0' | 18.0' | 35.1' | 35.1' | 52.2' | 52.2' | 21.8' | 21.8' | 41.0' | 41.0 | 60.2' | 60.2' | 19.7' | 20.0' | 39.0' | 39.3' | 58.6' | 58.6' | 17.5' | 20.0' | 37.0' | 39.5' | 56.5' | 59.0' |
90 | 18.0' | 18.0' | 34.0' | 34.0' | 50.0' | 50.0' | 24.0' | 24.0' | 42.0' | 42.0 | 60.0' | 60.0' | 22.0' | 22.0’ | 40.0' | 40.0' | 58.0' | 58.0' | 20.0' | 20.0' | 38.0' | 38.0' | 56.0' | 56.0' |
(e) Lighting provisions for off-street parking.
(1) Commercial parking lot. A commercial parking lot which offers service and collects revenue for use after dark (including attended, self-park, coin-actuated gated lots, and rentals on any basis) must be lighted beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. If only a portion of the parking lot is offered for use after dark, only that part must be lighted. However, the portion offered for use must be clearly designated. The lighting of a commercial parking lot must meet the following minimum requirements:
(A) The intensity of lighting on the parking surface must be:
(i) an average of at least two footcandles, initial measurement, and at least one footcandle on a maintained basis; and
(ii) a minimum at any point of at least 0.6 footcandle initial, and at least 0.3 footcandle maintained or one-third of the average for the lighted area, whichever is greater.
(B) The light sources must be:
(i) indirect, diffused, or covered by shielded type fixtures; and
(ii) installed to reduce glare and the consequent interference with boundary streets.
(C) Fixtures must be attached to buildings or mounted on metal poles at a height of no less than 20 feet above the parking surface.
(D) Strings of lamps or bare bulbs are prohibited.
(E) A commercial parking lot contiguous to or directly across the street or alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district must comply with Subsection (e)(2) instead of this subsection.
(2) Other off-street parking. Off-street parking for a use other than single family, duplex, or the commercial parking lot use that offers service after dark must be lighted beginning one-half hour after sunset and continuing throughout the hours of use or until 10 o’clock p.m., whichever is earlier. If only a portion of a parking area is offered for use after dark, only that part must be lighted. However, the portion offered for use must be clearly designated. The lighting of the off-street parking area must meet the following minimum requirements:
(A) The intensity of light on the parking surface must be:
(i) an average of at least one footcandle, initial measurement, and at least one-half footcandle on a maintained basis; and
(ii) a minimum at any point of at least 0.3 footcandle initial, and at least 0.2 footcandle maintained or one-third of the average for the lighted area, whichever is greater.
(B) The intensity of spillover light on neighboring residential lots, measured at a point five feet inside the residential lot line and five feet above the ground surface, may not exceed 0.1 footcandle.
(C) The light sources must:
(i) be indirect, diffused, or covered by shielded type fixtures;
(ii) be installed to reduce glare and the consequent interference with boundary streets; and
(iii) not be visible from property that is:
(aa) occupied by a residential use; and
(bb) located within 600 feet of the light source.
(D) Fixtures must be attached to buildings or mounted on metal poles. If any portion of a fixture is over 20 feet in height, that portion may not be located above a residential proximity slope. (See Section 51A-4.412.)
(E) Strings of lamps or bare bulbs are prohibited.
(3) Special exception. The board of adjustment may grant a special exception to the height restrictions in this subsection if the board determines, after a public hearing, that the special exception will not adversely affect neighboring property. In determining whether to grant a special exception, the board shall consider the following factors:
(A) Hours of use for the parking area.
(B) Size and configuration of the lot on which the parking area is located.
(C) Distances between the parking area and surrounding uses.
(f) Screening provisions for off-street parking.
(1) The owner of off-street parking must provide screening to separate the parking area from:
(A) a contiguous residential use or vacant lot if either is in an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district and the parking area serves a nonresidential use; or
(B) a contiguous single family or duplex use or a vacant lot if any of these are in an R, R(A), D, D(A), TH, TH(A), or CH district and the parking area serves a multifamily use.
(2) If an alley separates a parking area from another use, the use is considered contiguous to the parking area. If a street separates a parking area from another use, the use is not considered contiguous to the parking area.
(3) Screening for off-street parking required under Subsection (f)(1) must be a brick, stone, or concrete masonry, stucco, concrete, or wood wall or fence that is not less than six feet in height. The wall or fence may not have more than ten square inches of open area for each square foot of surface area, and may not contain any openings or gates for vehicular access. The owner of off-street parking must maintain the screening in compliance with these standards.
(4) The board may not grant a special exception to the height requirements for screening around off-street parking.
(5) In an office district, all off-street surface parking lots, excluding driveways used for ingress or egress, must be screened from the street by using one or more of the following three methods to separately or collectively attain a minimum height of three feet above the parking surface:
(i) Brick, stone, or concrete masonry, stucco, concrete, or wood wall or fence.
(ii) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet of width.
(iii) Evergreen plant materials recommended for local area use by the building official. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years.
(6) For purposes of Subsection (f)(5):
(A) the height of screening is measured from the horizontal plane passing through the nearest point of the surface of the parking lot; and
(B) screening may be placed in a visibility triangle as defined in the visual obstruction regulations in Section 51A-4.602(c) of this chapter. Any screening placed in a visibility triangle must be two and one-half feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle.
(g) Reserved.
(h) Residential alley access restrictions for nonresidential uses.
(1) The following residential alley access restrictions are established in order to promote safety and protect the public from disturbances that interfere with the quiet enjoyment of residential properties. Between the hours of 10 p.m. and 7 a.m., no person may use a public alley or access easement that abuts or is in an R, R(A), D, D(A), TH, TH(A), or CH district for the purpose of delivering or receiving any goods or services to or from a nonresidential use in a nonresidential district. It is a defense to prosecution under this paragraph that the person is:
(A) a governmental entity;
(B) a communications or utility company, whether publicly or privately owned; or
(C) the operator of an authorized emergency vehicle as defined in Section 541.201 of the Texas Transportation Code.
(2) The board of adjustment may grant a special exception to the alley access restriction in Paragraph (1) if the board finds, based on evidence presented at a public hearing, that strict compliance with the restriction would result in the material and substantial impairment of access to the property as a whole. In determining whether access would be materially and substantially impaired, the board shall consider the following factors:
(A) The extent to which access to the restricted alley between the hours of 10 p.m. and 7 a.m. is essential to the normal operation of the use or uses to which the special exception would apply.
(B) The extent to which the property as a whole has reasonable access to other public streets, alleys, or access easements in addition to the restricted alley.
(C) The extent to which strict compliance with the alley access restriction will necessarily have the effect of substantially reducing the market value of the property.
(3) In granting a special exception under this subsection, the board shall:
(A) specify the use or uses to which the special exception applies; and
(B) establish a termination date for the special exception, which may not be later than five years after the date of the board’s decision.
(4) In granting a special exception under this subsection, the board may:
(A) authorize alley access only during certain hours; or
(B) impose any other reasonable condition that would further the purpose and intent of the alley access restriction.
(5) Notwithstanding any of the above, a special exception granted by the board under this subsection for a particular use automatically and immediately terminates if and when that use is changed or discontinued. (Ord. Nos. 19455; 19786; 20361; 20383; 20884; 21200; 21209; 21210; 21290; 21658; 21663; 22053; 22026; 23013; 24843; 25047; 28073; 29128; 30893)
(a) General provisions.
(1) The parking district must be either contiguous to or perpendicularly across an adjoining street or alley from a main use.
(2) The owner of a lot in a parking district contiguous to an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district shall provide and maintain a minimum front yard of ten feet.
(b) Procedures for establishing a parking district.
(1) The applicant for a parking district shall comply with the zoning amendment procedure for a change in a zoning district classification.
(2) At the time of applying for a change in zoning district classification, the applicant shall submit a site plan that includes:
(A) the dimensions, bearings, and street frontage of the property;
(B) the location of the parking spaces and the use the parking district serves;
(C) the method of ingress and egress;
(D) screening, lighting, and landscaping; and
(E) any other information the director determines necessary for a complete review of the proposed development. (Ord. 19455)
(a) Required off-street loading standards.
(2) Reserved.
(3) A structure containing more than one use must meet the loading requirements for the sum of the requirements for each use, except if one use occupies 90 percent or more of the floor area of the structure, the off-street loading requirement is calculated as if the use occupied the entire structure.
(b) Location and design standards.
(1) Except as specifically provided in this section, required off-street loading spaces must be provided on the same lot as the use served.
(2) The first required off-street loading space must be of the medium or large size and at least 40 percent of the required off-street loading spaces must be of the medium or large size except:
(A) for a single retail or personal service use in Chapter 51A over 60,000 square feet, or for a retail use in Chapter 51 over 60,000 square feet, the first 25 percent of the loading spaces must be of the large size, then 25 percent must be of the medium or large size; and
(B) for hotels and motels, one required off-street loading space must be of the large size, and at least 75 percent of the required spaces must be of the large or medium size.
(3) In determining the size of the required number of loading spaces in Subsection (b)(2) above, fractional spaces are counted to the nearest whole number, with one-half counted as an additional space.
(4) Each large size off-street loading space must have a width of not less than 11 feet, a length of not less than 55 feet, and a height of not less than 14 feet.
(5) Each medium size off-street loading space must have a width of not less than 11 feet, a length of not less than 35 feet, and a height of not less than 13 feet.
(6) Each small size off-street loading space must have a height of not less than 7.5 feet, and either a length of not less than 25 feet with a width of not less than 8 feet, or a length of not less than 20 feet with a width of not less than 10 feet.
(7) Ingress to and egress from required off-street loading spaces must have at least the same vertical height clearance as the off-street loading space.
(8) Each required off-street loading space must be designed with a reasonable means of vehicular access from the street or alley in a manner which will least interfere with traffic movement. Each off-street loading space must be independently accessible so that no loading space blocks another loading space. Trash removal facilities and other structures must not block a required loading space. The design of the ingress, egress, and maneuvering area must be approved by the director of development services.
(9) Off-street loading facilities for more than one building site may be provided in a common terminal if connections between the building and terminal are off-street.
(10) If a publicly owned off-street truck terminal presently exists, is under construction, or is funded for construction, the required off-street loading for a use that is located on a lot contiguous to or perpendicular across the street from the terminal must be provided in the publicly owned off-street truck terminal if the truck terminal is designed to accommodate the loading needs of the use, as determined by the director of facilities and real estate management.
(11) If a use is served by a publicly owned off-street truck terminal, the owner of that use shall provide an off-street connection to the truck terminal, and shall pay a rental fee, as determined by city council.
(12) In an office district in Chapter 51A, or an NO, LO, MO, or GO district in Chapter 51, off-street loading spaces may not be located in the required front yard.
(13) Main uses under 10,000 square feet in size may share a common off-street loading space provided that the space is located within a walking distance of 150 feet from an exit of each use that it serves. For purposes of this paragraph, “walking distance” is measured along the most convenient pedestrian walkway between the nearest point of the loading space and the exit of the use.
(c) and (d) Reserved. (Ord. Nos. 19455; 19786; 19807; 25047; 27404; 32789)
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