(A) Purpose.
(1) District S-P is intended to be utilized for the following purposes:
(a) Encourage a procedure which can relate the type, design and layout of a proposed development to a particular site;
(b) Develop uses on difficult size and shape lots;
(c) Promote new and innovative development concepts;
(d) Provide compatibility by limiting uses when necessary to protect adjacent areas;
(e) Provide for the mixing of various land uses where appropriate;
(f) Provide for the development of specific uses which are not normally found in zoning districts;
(g) Provide limited flexibility from standard ordinance requirements as long as those deviations continue to meet the intent of the chapter; and
(h) Provide additional information and regulatory controls concerning the proposed use or uses for the protection of the public health, safety, morals and general welfare of the community.
(2) Even though the district permits deviations from standard zoning district requirements, it is not the intent, nor the purpose, of the S-P District to be utilized to obtain these deviations for the sole benefit of the development or applicant.
(B) Principal uses. Any use not prohibited by this chapter or any other ordinances may be authorized in the S-P District.
(C) Uses.
(1) Uses; reasons for classification. The following uses are included under District S-P due to the following reasons:
(a) General. This type of use is allowed in all districts zoned for residential uses such as A, A-1, A-2, B, B-1, C, C-1; 2) The rational and nexus is to allow the city a means in which to continue to fulfill its obligation in promoting and protecting the health, safety and general welfare of all citizens in the city including those that will reside in this type of facility. This is a departure from the conventional application of this chapter for this district. This departure is made in order to facilitate a notification process which will still allow the legally required flexibility for this type of development and at the same time have a mechanism in place in order to monitor and inventory all personal care facilities within the city.
1. Personal care facilities. PERSONAL CARE FACILITIES shall mean a shared residential living arrangement which provides a family-type environment for up to and including four handicapped persons, supervised by one or more primary care givers, subject to compliance with the permit conditions listed in this division (C)(1)(a):
a. As used in this section, with respect to a person,
HANDICAP means:
i. A physical or mental impairment which substantially limits one or more of such person’s major life activities, as defined in division (C)(1)(a)1.b. below;
ii. A record of having such an impairment; or
iii. Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined by Tex. Health and Safety Code Ch. 481.
b. As used in this section,
PHYSICAL OR MENTAL IMPAIRMENT includes:
i. Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
ii. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term
PHYSICAL OR MENTAL IMPAIRMENT includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, pre-senile dementia, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction (other than addiction caused by current illegal use of a controlled substance) and alcoholism.
c. For purposes of this exception,
MAJOR LIFE ACTIVITIES includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
2. Permits.
a. No personal care facility as defined in division (C)(1)(a)1. above shall hereafter operate until a permit has been issued by the Director of Planning of the city, or his or her designee, stating that the facility complies with the provisions of this chapter.
b. The applicant shall provide a site plan which clearly shows compliance with the following criteria:
i. Any single-family dwelling unit which is proposed to be utilized for shared group housing for the handicapped shall provide, as a minimum, the following square footage in each bedroom.
A. To house one handicapped person per bedroom, the dwelling unit must provide 100 square feet of space per bedroom utilized for this purpose.
B. To house two handicapped persons per bedroom, the dwelling unit must provide 120 square feet of space per bedroom utilized for this purpose.
ii. Any single-family dwelling unit which is proposed to be utilized for a personal-care facility for handicapped persons shall provide for a separate bedroom for the care provider or providers.
iii. Parking for the residents of a personal care facility shall not exceed the number of bedrooms in the facility. At least one paved parking space shall be provided on the premises of the facility for each bedroom in the facility.
c. An inspection shall be conducted by the City Inspection Department, using as its criteria the appropriate portions of the requirements of the Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions, or its most current amendment as established by the State Department of Health Bureau of Long-Term Care, or the Minimum Licensing Standards for Personal Care Facilities as established and amended under Tex. Health and Safety Code §§ 247.001 et seq. The Inspection Department shall prepare a report describing the property and any remedial improvements which must be completed in order for the property to meet the minimum standards. The report shall be forwarded to the applicant and to the Director of Planning or his or her designee, and no permit shall be issued until the proposed home has met the minimum standards.
d. A $50 permit fee shall be assessed to defray administrative and inspection costs for each permit issued. This fee may be adjusted by the City Commission.
e. The facility shall comply with all applicable Fire and Building Codes of the city and shall comply with the provisions of the Federal Americans with Disabilities Act.
f. No other group living arrangements shall be located within a radius of 600 feet of the home for which the permit is requested. Such measurements shall be measured from property line to property line. Other group living arrangements shall include, but not be limited to, homes for the mentally retarded, personal care facilities, adult foster care homes and group housing for handicapped persons. In making the determination that no home exists within 600 feet, the Director of Planning shall consider information provided by the applicant, information contained in the records of the city, and information obtained by physical inspection of the premises, if any.
g. The holder of the permit shall be in charge of and responsible for the operation of the dwelling unit for shared group housing.
h. Permit shall be renewed annually, so long as the facility continues to comply with the standards described in this division (C)(1)(a)2.. Permits are non-transferred.
i. City inspection personnel shall have the right to conduct inspections to ensure continued compliance with standards at any time; and, in the event a home is found to be in violation of the standards, the Inspector shall forward to the Director of Planning a report describing the violations and that the Director of Planning or his or her designee may withdraw the permit. Following withdrawal of the permit and issuance of a vacate order, the permit holder shall have the right to appeal the decision of the Director of Planning or his or her designee to the zoning Board of Adjustment within ten days.
j. The permit shall be prominently displayed in the facility at all times. Permit shall include the following statement:
“The city does not license facilities as to quality of care. This structure has been inspected and has met the minimum requirements for personal care facilities specified in § 160.052 of the code of ordinances for the city.”
k. Any permit issued under this section shall become void and of no further effect in the event the use of the premises is discontinued for a period of one year, or if the property is restored to use as a single-family residence.
l. Nothing in this section shall be construed as attempting to regulate or affect the right of handicapped individuals to purchase their own housing for single-family residences or to affect the right of individuals to care for handicapped family members. Nothing in this section shall be construed as attempting to regulate homes established pursuant to Tex. Rev. Civ. Stat. Art. 1011(n).
3. Five or more persons. Personal-care-facilities persons in a shared residential living arrangement which provides a family-type environment for five or more handicapped persons, supervised by one or more primary care givers, as further defined in division (A)(1)(a)1. above, are subject to compliance with the permit conditions listed in divisions (A)(1)(a)1. and (A)(1)(a)2. above. The maximum number of handicapped individuals per dwelling shall be six.
(b) Uses restricted to district S-P. The following uses, because of the character or potential impact on the public health, safety, morals and general welfare of the city, are hereafter required to be located in District S-P:
1. Aviation fields and airports;
2. Bed and breakfast establishments. The site plan for bed and breakfast shall comply with the following provisions of this division (C)(1)(b).
a. Purpose and intent. 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 from such a facility provides incentives for maintaining older homes. This chapter is formulated and adopted on the basis of the public policy that supports the city as a tourist destination of persons interested in the architectural and historical significance of the city’s older residential structures. This chapter focuses on the need to provide an incentive for owners of the city’s older/historical homes to continue occupancy and maintenance of historical homes. Therefore, the chapter is intended to enable residential dwellings built more than 50 years old and/or of historical significance to conduct bed and breakfast operations providing they meet certain restrictions. The chapter emphasizes protection to neighborhoods with the provisions that prohibit nuisance and detrimental change in the residential character of any site proposed for a bed and breakfast operation. Owners of bed and breakfast facilities will be allowed to serve meals to paying overnight guests, attenders to social functions and tours and the like. All state and County Health District requirements shall be met. An applicant for bed and breakfast must own and reside at the site.
b. Criteria for evaluation. The location, size, design and operating characteristics of the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources, with consideration given to:
i. Harmony in scale, bulk, coverage and density;
ii. The availability of public facilities, services and utilities;
iii. The harmful effect, if any, upon desirable neighborhood character;
iv. The generation of traffic and the capacity and physical character of surrounding streets;
v. Provide adequate landscaping and screening if determined applicable by the staff and Planning Board;
vi. The suitability of the site for the type and intensity of use or development which is proposed;
vii. Each facility must comply with Ch. 11, § 11-5, “Lodging or Rooming Houses” NFPA 101 Life Safety Code;
viii. The Fire Marshal or designee shall inspect all bed and breakfast facilities. The facility must successfully pass the inspection and inspections will be made on an annual basis;
ix. The Building Inspector shall inspect the site for compliance to applicable Building Codes;
x. The Texas Department of Licensing and Regulation shall review the plans for conformance to Elimination of Architectural Barriers Act, Tex. Rev. Civ. Stat. Art. 9102; and
xi. All site plan bed and breakfast requests shall be reviewed by the Planning Board for appropriateness and specific development requirements.
3. Cemeteries, mausoleums and crematories;
4. Child care institutions;
5. Gun clubs, skeet shoots and target ranges;
6. Halfway houses;
7. Prisons;
8. Radio, television and microwave towers.
a. Intent. It is the intent that the zoning ordinance provisions for site plan (radio, television, and microwave towers) provide flexibility and fairness for the development of such a facility and maintain adequate regulatory controls needed for site appropriateness, harmony and compatibility with regards to land use; and to ensure that the development is built with adherence to all development provisions, standards and codes established by the city.
b. Exemptions from site zoning. The following tower uses are exempt from site plan zoning:
i. Any tower less than 60 feet in height in non-residential zoned property;
ii. Any tower less than 75 feet in height and an accessory to a commercial or industrial facility;
iii. Any tower less than 300 feet in height and an accessory to a heavy industrial facility;
iv. Any tower attached to and extending less than 35 feet above an existing structure (e.g., electrical distribution tower, elevated water tanks, building);
v. Any tower less than 50 feet in height in residential zoned property if used only for amateur purposes and not for business or profit; and
vi. A government owned tower/antenna or communication structure used primarily for public safety purposes will be exempt from the zoning and other general requirements.
c. Permit requirements. All towers whether site plan zoned or exempted must receive permit approval meeting all applicable codes and requirements and meeting the following guidelines:
i. Setback requirements.
A. The distance from the base of the tower to the nearest entrance corridor (being defined as I-45, FM 1764, Highway 146, Highway 3, FM 1765 and 25th Avenue North) shall be two times the height of the tower for towers less than 100 feet high and three times the height for towers 100 feet high up to 200 feet high and four times the height for towers over 200 feet high.
B. The distance from the base of the tower to the nearest residential structure, platted residential subdivision lot or paved public road shall be:
(1) Guyed towers: minimum 2.0 times the height of the tower; and
(2) Non-guyed towers minimum: 1.20 times the height of the tower.
C. The distance from the base of the tower to the closest adjacent* property line shall be: (*Exception: If a tower owner leases a parcel from a larger tract of land, the property line of the larger tract shall prevail. A recorded plat of the tract shall indicate the required building setback from the tower.)
(1) Guyed towers: minimum 1.50 times the height of the tower; and
(2) Non-guyed towers: minimum 1.0 times the height of the tower.
ii. Height of structures. If a tower is attached on an existing structure or building, primary purpose of which is not for tower support, said tower shall not extend more than 35 feet above the attachment point or one times the height of structure whichever is less.
iii. Security fence.
A. The base of a tower and guy wire anchor locations must be completely enclosed by a fence, wall or barrier which limits climbing access through or over to such towers and any supporting systems, lines, wires, buildings or other structures. If the security fence is within 300 feet of existing developed residential properties or public road then with a minimum height of eight feet. (Existing tower site having security fences at least six feet in height will not be required to meet the eight-foot requirement.)
B. Gates and doors opening directly into any such land or premises enclosed by a fence, wall or barrier, as required by this section, shall be equipped with a lock to keep and capable of keeping such doors or gates securely closed and locked at all times.
C. The requirements of this section do not apply to any tower located on a building that is not designed or built primarily to support the tower; provided that, the general public has no physical access to the tower.
iv. Screening fence. The security fence shall be designed to provide screening from view of the public on the side(s) that is within 300 feet of existing residential or commercial development or entrance corridor utilizing vinyl inserts and creating a substantially opaque type fence designed and built to provide privacy.
v. Landscaping. A tower site located within 300 feet of existing developed residential or commercial properties shall have maintained landscaping in a healthy, growing condition at all times and in compliance with all applicable ordinances, deed restrictions and regulations. At a minimum, a tower site shall have one large shrub capable of reaching a minimum height of four feet for each eight linear feet of required screening fence and one street tree for each 50 linear feet of required screening fence; provided that, not less than one street tree and three large shrubs are provided for each tower site.
d. Existing towers. All existing towers shall be addressed as non-conforming uses in accordance with § 160.089 of this chapter, non-conforming uses, of this chapter. Furthermore, all existing towers shall comply with the security fence, screening fence and landscaping requirements within 12 months of the final passage of this chapter.
9. Refuse dumps;
10. Sexually oriented business as defined and as regulated under separate ordinance;
11. RV parks. The use of any parcel for an RV park and any modifications to an existing RV park shall comply with the following standards and requirements.
a. RV parks shall only be allowed after obtaining site plan zoning approval.
b. i. Type I RV park (destination parks) are designed and located for RVers who are planning to stay awhile and recreate. These parks will be located in the area of the city denoted on the land use plan as “Waterfront Conservation and Recreation”. These parks will be located generally along or closely adjacent to the bay or waterways remote to major highways. These destination parks will be designed with high-end criteria and upscale amenities.
ii. Type II RV park (accommodation/overnight parks) are designed and located for RVers who are “en route” travelers and require only one or two night stay overs, or traveling workers and contractors moving from one city to another for work assignments. These parks will be located in a limited area of the city denoted on the land use plan as “light industrial growth areas” - generally south of E.F. Lowry Expressway between Highway 3 and Highway 146. These parks will be designed with high end criteria but only moderate amenities.
c. No RV park shall be allowed within the zoning area “gateway corridor”.
d. Criteria:
i. Size:
A. Type I park: ten to 45 acres; and
B. Type II park: five to 15 acres.
ii. Maximum density:
A. Type I park: eight spaces per acre 35-foot minimum width pad sites; and
B. Type II park: ten spaces per acre 35-foot minimum width pad sites.
iii. Sanitary sewer and water services:
A. All RV parks are required to have city water and sewer services.
B. City water will be provided at a water meter and vault which are complete and ready for automated water meter reading in accordance with city specifications. The water meter, vault, backflow preventer and all other necessary appurtenances will be provided at the expense of the RV park owner/operator. Upon inspection and acceptance by the city, water meter, vault and related appurtenances become the property of the city. The city will service and maintain said water meter, vault and appurtenances after acceptance by city. The RV park owner/operator remains the owner of the backflow preventer and is responsible for maintaining the backflow preventer including an annual test of the backflow preventer by a licensed backflow preventer tester. The results of each annual backflow preventer test must be provided to the City Utilities Department within 30 days of the test. RV park owns and is responsible for the water distribution system from the water meter.
C. The RV park potable water distribution system must be in accordance with applicable city, state and federal engineering, plumbing and regulatory requirements; including those in effect at the time of construction/installation and as they may change over the life of the RV park. The RV park is responsible for construction and maintenance of the potable water distribution system from the water meter.
D. The RV park fire water system must be separate from the potable water distribution system. RV park owner/operator is responsible for construction, maintenance, repair and replacement of the RV park fire water system. If potable water pressure from the water meter is not adequate to meet fire water system requirements, the RV park will acquire additional fire water booster pumps and fire water storage, if necessary. Any such additional requirements related to the fire water system will be at the expense of the RV park. The RV park will be responsible for maintaining all such additional equipment and assets.
E. Only sanitary sewage and gray water are allowed to be transmitted to the city sewer system from the RV park. No area drain flows, storm water flows or washdown water will be allowed into the city’s sewer system from RV parks.
F. If public water and sewer is not available, the city may consider connection to a city approved water and wastewater system.
iv. Fire protection system: each park shall have an adequate fire protection system as approved by the City Fire Department.
v. Dry utilities: each space shall have connection to electricity, phone and cable. All electrical, phone and cable lines shall be installed underground. Electrical service to each space shall be a minimum of 50 amps.
vi. Minimum setbacks: RVs shall be located at least five feet from any buffer area, at least ten feet from any private road, at least 20 feet from any service building, service area, recreation area or from another RV space and at least 25 feet from any boundary of the RV park. Service buildings, service areas and recreation areas shall be located at least ten feet from any private road, RV space or grouped bay parking area.
vii. Minimum landscape buffers: a buffer area shall be provided immediately within all boundaries, all of which shall be loamed, seeded and planted with grass and at least one row of tall deciduous trees planted no more than 20 feet apart, and one or more rows of bushy shrubs or hedge capable of attaining a height of at least five feet within three years. Plants shall be hardy, appropriate for the use and location, and planted so as to thrive with normal maintenance. The required buffer area shall be minimum of 25 feet in depth within all other boundaries. No RV may be located within a buffer area. No building or structure may be erected or placed within a buffer area, except a sign, fence or wall. No refuse-disposal area shall be located within a buffer area. No plant materials or land may be deposited or removed within a buffer area, except as a part of recognized landscaping scheme or except for emergency access.
viii. Roads:
A. All interior roads, drives and pad sites shall be privately constructed of concrete pavement.
B. For angled parking.
(1) All two-way roads shall be a minimum of 25 feet in width.
(2) All one-way roads shall be a minimum of 20 feet in width.
(3) For straight-in parking add five feet to width of roads.
C. Concrete roads shall be constructed in accordance with city subdivision standards (curbs are not required).
ix. Drives and parking pads: drives and parking pads shall be constructed with a minimum five inches thick, 3,000 psi concrete pavement reinforced with #4 bars on 18 inches cc. Sub-grade shall be compacted to 95% SPD. Shape and dimensions shall be in accordance with Exhibit A and B attached. Each park shall accommodate drive-through and back-in spaces.
x. Drainage: open ditch/swale drainage is allowed within the park site. Ditches/swales shall be constructed with gentle side slopes and at least 3% profile grades. Must provide sufficient RCP culverts for all drive and walkway crossings and outfalls. Interior drainage system shall be designed to 2CFS per acre run off.
xi. Offsite drainage/utilities: developer shall be responsible to provide sufficient off-site drainage and utility facilities if sufficient utilities do not exist.
xii. Off-site road: park shall be accessed via a publicly maintained paved street at least 28 feet in pavement width of sufficient design strength to support RV traffic. The developer shall be responsible for upgrading and/or rebuilding the public road to its point of intersection with an adequately wide and strong publicly maintained paved road.
xiii. Walkways: a hard surface walkway system shall be installed from each RV site to each building and amenity site.
e. General requirements and rules:
i. Projects may be single-use or developed as part of a larger resort or residential development.
ii. No RV shall be located anywhere but in an RV space and only one RV shall be located within any RV space.
iii. The only structures or vehicles which may be placed in an RV space, other than storage structures provided by the management of the park, are one RV and two motor vehicles.
iv. No part of any RV park shall be used for the parking or storage of any heavy equipment or trucks exceeding one-ton capacity.
v. No home occupation or business shall be operated from an RV park.
vi. No structural addition to any RV, no park model or manufactured home shall be permitted. (Mobile homes are prohibited from RV sites).
vii. Each RV space shall have sufficient unobstructed access to, or frontage on, an RV park road, so as to permit the movement of RVs.
viii. All refuse containers shall have an animal proof lid and shall be maintained in a clean and sanitary condition. Garbage and refuse shall be disposed of in such a manner to control flies, rodents and odors.
ix. All roads, walkways, grouped bay parking and service areas shall be provided with lighting adequate to ensure the safety of vehicular and pedestrian traffic but shall be arranged as far as possible to reflect away from RV spaces.
x. All entrances and exits from the RV park shall be forward motion only.
xi. No entrance or exit shall be located closer than 60 feet to the intersection of two streets.
xii. Lot spaces shall be labeled with numbers to augment identification by 911 operations.
xiii. Signage and outside lighting shall be in accordance with the city’s sign nuisance ordinance. All signage must be reviewed and approved by the Building Official.
xiv. All unpaved portions of the property shall be maintained with established lawn/turf for landscaping approved by the Planning Board. Existing established trees shall be maintained where possible. Additional trees will be required in accordance with the RV landscape RV requirements.
f. Required amenities:
i. Type I and II parks:
A. Business office with management staff on duty in the park 24 hours per day.
B. Laundry room with the capacity of one washer and one dryer for each 15 spaces. These buildings must be constructed of brick, stone or split face block on concrete foundations.
C. Restroom/shower facilities. Men and women restroom facilities must each have one toilet, one sink and one shower for each 15 spaces. All buildings in Type I and Type II parks shall be constructed of brick, stone or split face block on concrete slab. The interior shall be finished and provided with air conditioning and heating.
D. Each park shall contain an open space/recreation area equivalent to 5% of the gross park area.
ii. Type I parks only:
A. Club house/meeting room equivalent to ten square feet per park space with a minimum of 1,500 square feet; and
B. Activity area in addition to open space recreation area which provides activities such as swimming, fishing, boating, tennis or related items.
12. Quarries, mines, sand, clay or gravel pits or excavations for the purpose of removing, screening, crushing, washing or storage of sand, clay, topsoil, stone, gravel or similar materials; the site plan shall comply with the provisions of this division (C)(1)(b)12.
a. The site plan shall include provisions designed to restore the usefulness of the excavated area after the excavation is terminated. Such provisions shall require, insofar as is reasonably possible, that when the excavation is terminated, the excavated area shall be placed in such condition that use of adjacent land areas allowed by the zoning ordinance shall not be destroyed or substantially impaired. A post construction development plan shall be submitted and filed with the city as part of the site plan zoning application.
b. The total acreage and depth of the excavation pit shall be approved by the city based on soil conditions, land use factors and other technical factors. The analysis will focus on the technical appropriateness, consistent with existing police powers granted by the zoning and planning enabling acts.
c. The excavation shall be enclosed with a fence at least six feet in height from ground level, of chain link construction or built of other strong and durable materials with interspaces too small for a human being to crawl through. The top of said six-foot fence shall be crowned with two strips of barbed wire. Said fence shall be equipped with no more than two gates of like materials and height as the fence. When the excavation is unattended, said gates shall be closed and locked.
d. The top bank of the excavated pit, when completed, shall be a minimum of 60 feet from adjacent property lines.
e. The side slope at the finished perimeter of the pit shall be excavated and shaped to a maximum slope steepness of two and one-half feet horizontal to one foot vertical. The steepness may be increased if approved bulkheading is installed.
f. To alleviate erosion of the side slopes, the following elements shall be constructed: adjacent to the top bank shall be constructed an earthen berm or training levee a minimum of one and one-half feet in height and six feet in width completely encircling the pit. Behind the levees drainage swales shall be constructed to divert sheet flow drainage to collection points where drainage into the pit shall be controlled by culvert pipe and/or concrete plumes.
g. No such operations shall be permitted where the perimeter of the excavation or the perimeter of the area to be excavated is within 325 feet of any existing dwelling house or residential lot which is a part of a residential subdivision duly approved by the city.
h. The permittee shall take all steps necessary to comply with the site plan and the provision hereof while the process of excavation is in progress. Where this is impossible, all provisions of the plan and of this division (C)(1)(b)12.h. shall be complied with. The restoration of the excavated area according to said plan and the provisions hereof shall be adhered to in every case; and if the same is substantially deviated from or violated, said development shall be considered as a zoning violation.
i. A performance bond, letter of credit or escrow account in an amount determined by the city may be required to guarantee such restoration.
(13) Hotels. The use of any parcel for a hotel shall comply with the following standards and requirements.
a. A hotel shall contain restaurant accommodations.
b. A hotel shall contain a guest lounge or cocktail area.
c. A hotel shall contain a swimming pool with a hot tub area.
d. A hotel shall contain a fitness center.
e. Guest room may be accessible only from an internal hallway that is primarily accessible from a central lobby area contained within the hotel.
f. A hotel shall contain a minimum of 80 rooms.
(D) Elements of the site plan. An application for a S-P District shall be filed with the City Department of Transportation and Planning for technical evaluation and processing for recommendation to the Zoning Commission and shall be accompanied by a site plan showing the following information:
(1) The requested specific use or uses;
(2) The designation of a basic zoning district which is most closely comparable to the requested principal use. The district’s permitted accessory uses, area, and height regulations, screening requirements, landscape requirements and any other special conditions or requirements shall apply except as specifically varied and identified on the site plan. Should the site plan request mixed land uses, these uses and comparable zoning district designation shall be identified by tracts;
(3) Date, scale, north point, property owner and name of person preparing the site plan;
(4) Location of existing boundary lines and dimensions of the tract;
(5) Dimensions and size of all proposed buildings, structures and land improvements;
(6) The designation of proposed specific land uses for all building areas;
(7) Clear designation of areas reserved for off-street parking and for off-street loading; type of surface material to meet minimum standards of Director of Public Works; the ratio of parking spaces to square feet of floor space or number of spaces provided for each dwelling unit;
(8) Location and size of points of ingress and egress to public streets may be shown on-site plan, or the Zoning Commission may recommend such points be shown and the City Commission may require location and size of points of ingress and egress to public streets be shown on-site plan however, if specific location and size of points of ingress and egress to public streets are not required to be shown on the site plan, the location and size of points of ingress and egress to public streets shall not violate any ordinances or regulation adopted by the City Commission to regulate the location and size of points of ingress and egress to public streets;
(9) Centerline of existing watercourses, drainage features and floodway easement;
(10) Location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request;
(11) Location, type and height of existing and proposed fences or screening walls;
(12) Screening and landscaping shall be required where such treatment is essential to proper arrangement of development or when required in a comparable district. Such plan is required when necessary to indicate the character of proposed development. The plan should include screening walls, ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained. The Zoning Commission or City Commission may require the landscaping plan;
(13) Location and type of signs, lighting, luminaries, exterior auditory speakers;
(14) Area map indicating the neighborhood in which the property is located; and
(15) Each applicant for a S-P District use shall file eight copies of the site plan with the Departments of Transportation and Planning and/or Building Inspection.
(E) Procedure.
(1) Prior to the review by the Zoning Commission, the applicant may be required by a person designated by the city to present the site plan before the Planning Board for review and comment.
(2) The Zoning Commission shall hold a public hearing as required by this chapter and state law; make its report and recommendation to the City Commission and may recommend such additional conditions and restrictions as necessary to secure and protect the public health, safety, morals and general welfare.
(3) In recommending a Site Plan District, the Zoning Commission may also recommend additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including, but not limited to, light and air orientation, type and manner of construction, fire protection systems and appliances, setbacks, lighting, landscaping, open space and screening.
(4) In granting or denying an application for a S-P Zoning District, the City Commission may consider some of the following issues:
(a) Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
(b) Safety from fire hazards and measures of fire control;
(c) Protection of adjacent property from flood or water damage;
(d) Noise producing elements; and glare of vehicular and stationary lights and effect of such light on established character of the neighborhood;
(e) Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties;
(f) Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; and
(g) Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities; location of ingress/egress points for parking and off-street loading spaces; and protection of public health by requiring surfacing on all parking areas to control dust.
(5) In approving a Site Plan District, the City Commission may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air orientation, type and manner of construction, fire protection systems and appliances, setbacks, lighting, landscaping, open space and screening.
(6) Prior to conditional approval, the City Commission may require the applicant to submit a revised site plan to the Zoning Commission for that body’s recommendation.
(7) Prior to approval by ordinance the applicant must submit 16 copies of the site plan in an approved final form, containing all the required revisions, to the person designated by the city.
(8) The application for a change in zoning shall be deemed to be denied as a matter of law upon the applicants failure to file a site plan in an approved final form within the time limit established by the City Commission.
(9) On the Official Zoning Map and on any reproductions, a S-P Site Plan Zoning District shall bear the designation “S-P” followed by the ordinance number or zoning case number.
(10) The Building Official shall not issue a building permit for development of property zoned S-P unless the proposed development is in accordance with the site plan as approved by the City Commission. However, applicants for a building permit may request and the Building Official may approve, a building permit in which the proposed number of buildings is reduced or the buildings are reduced in square footage and/or height. All other requirements of the approved site plan must be met.
(1998 Code, App. A, § 40-49) (Ord. 94-05, passed 4-20-1994; Ord. 95-26, passed 1-3-1996; Ord. 99-43, passed 8-18-1999; Ord. 07-45, passed 11-7-2007; Ord. 16-18, passed 6-1-2016)