Chapter 10.04
SUPPLEMENTARY DISTRICT REGULATIONS
Sections:
10.04.010 Scope of application.
10.04.030 Repealed.
10.04.040 Airports and structures affecting airspace.
10.04.010 Scope of application.
In addition to the regulations applied within each zone district, the regulations contained in this chapter apply in individual districts, groups of districts, or all districts as specified. The regulations shall apply to all zoning districts where a specific application is not set forth. For the purposes of this chapter, “residential districts” shall apply to zone districts R-1, MFR, RA-2.5 and RA-5. The term “commercial districts” shall apply to zone districts C, NC, and PH. The term “industrial districts” shall apply to zone districts LI and HI. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(4), 2011. Formerly 10.41.535)
10.04.020 Home occupations.
A. An occupation may be conducted in a dwelling unit or in a building accessory to a dwelling unit in a residential zone or commercial zone; provided, that:
1. No more than two paid employees other than the resident(s) of the dwelling unit may be engaged in a home occupation on the premises;
2. The use of the dwelling unit and/or one accessory structure for home occupation shall be clearly incidental and subordinate to its residential use. This standard is met by allowing no more than the lesser of 49 percent of the floor area or 750 square feet of the dwelling to be devoted to the home occupation;
3. There shall be no change in the outside of the building or premises visible from a right-of-way or lot line, nor shall there be other visible evidence of the conduct of such home occupation other than one non-illuminated sign three square feet in area placed no closer than 20 feet from the traveled portion of a right-of-way;
4. Any storage of wholesale or retail stock in trade in conjunction with the home occupation shall not exceed 20 percent of the area devoted to the home occupation, and all storage shall be enclosed either within the residence, or within 200 square feet of one accessory building;
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes or odors detectable to the normal senses beyond the lot lines of the lot on which the home occupation is located. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes a fluctuation in line voltage off the premises;
6. No more than three customer vehicles shall be parked at the residence at one time;
7. Hours of business operation involving the following are limited to between the hours of 7:00 a.m. and 10:00 p.m.:
a. Open to customers for on-site (rather than telephonic) visitation;
b. Making or receiving delivery of goods and services;
c. Performing labor outside of an enclosed building; and
d. Bed and breakfast patrons are permitted on a 24-hour basis;
8. There shall be no window display, nor shall sample commodities be displayed outside the building, except that horticulture and floriculture products grown on the premises may be displayed. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. V)
10.04.030 Junk and trash.
Repealed by Ord. 12-18. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(4), 2011. Formerly Ch. 10.41 Art. V)
10.04.040 Airports and structures affecting airspace.
Federal Aviation Regulations (F.A.R.), Parts 77 and 157, are herewith adopted by reference for application within the City of Houston. The construction, activation, or deactivation of a public or private airport or airstrip shall be performed within the City of Houston only after the property owner has filed notice with the Federal Aviation Administration (FAA) in accordance with F.A.R. Part 157. Federal Aviation Regulations Part 77 requires the notification of the FAA prior to any construction which will affect navigable airspace, including, but not limited to, any structure over 200 feet in height. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. V)
10.04.050 Flood hazard zone.
The City of Houston herewith adopts by reference those regulations contained within the Matanuska-Susitna Borough’s Flood Damage Prevention Ordinance, Chapter 17.29 MSBC, regulation development within the floodplain and adjacent floodway. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. V)
10.04.060 Parking.
A. Scope of Application. In all use zone districts, except as defined, the parking space requirements set forth in this section shall be provided and satisfactorily maintained for each use or combination of uses listed in this section.
B. General Provisions.
1. The off-street parking and loading facilities required by this section shall be established prior to any change in the use of land and structures and/or prior to the occupancy of any new or enlarged structure.
2. Required off-street parking spaces and loading facilities shall provide vehicle parking only for residents, customers, patrons and employees, and shall not be used for the storage of vehicles or materials, the sale, repair, or servicing of any vehicle, or placement of trash containers or snow storage.
3. Any area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere in conformance with this title and a site plan has been approved to reflect the change, or the primary use of the property has changed to a use requiring less off-street parking.
4. If the number of off-street parking spaces required by the formulas in this section contains a fraction, such number shall be changed to the next higher whole number.
C. Standards.
1. One-family dwelling units: up to and including four-family dwelling units, two spaces per dwelling unit. For all multifamily dwelling units, five and greater, two spaces per dwelling unit;
2. Rooming houses and boarding houses: one parking space for every two guest rooms;
3. Hotels: three parking spaces for every four guest rooms. Additional parking is required if meeting rooms, convention halls, and banquet rooms are included or intended to be included as part of the hotel facilities;
4. Motels: one parking space for every guest room;
5. Places of Public Assembly. For auditoriums, churches, synagogues, funeral homes, dance halls, exhibition halls, skating rinks, theaters, and other places of public assembly:
a. One parking space for every four seats (or 54 inches of bench seating) in the principal auditorium or assembly room;
b. Parking space requirements for auditoriums and assembly rooms without fixed seating shall be one space for every 28 square feet of floor area of auditorium or assembly room;
6. Medical Care Facilities.
a. Hospitals: one parking space for every three beds, based on maximum capacity;
b. Medical and dental clinics: one parking space for every 250 square feet of gross building area;
c. Sanitariums, nursing homes, convalescent homes and similar institutions: one parking space for every three beds, based on maximum capacity;
7. Food Stores and Grocery Stores.
a. Gross building area of 4,000 square feet and less: one parking space for each 300 square feet;
b. Gross building area of 4,100 square feet and more: one parking space for each 200 square feet;
8. Repairing garages and gasoline service stations: four parking spaces for each service bay or stall;
9. Carwash: two spaces per bay;
10. Tire sales: two spaces per bay;
11. Restaurants, bars, lounges and nightclubs: one parking space required for every three seats. Parking space requirements for such facilities without fixed seating shall be one space for every 75 square feet of gross floor area;
12. Amusement and Recreation.
a. Game rooms, card rooms, electronic game rooms: one space for each playing table, or each four seats, or each three machines, whichever is greater;
b. Gymnasiums, exercise facilities: one space for each 100 square feet of gross floor area;
c. Roller skating rink: one space for each 250 square feet of skating surface area;
d. Swimming pools: one space for each 150 square feet of water area;
13. Community Services and Public Uses.
a. Fire station: one space per each on-duty employee and one space per each piece of vehicular firefighting equipment;
b. Police stations: one space for each 200 square feet of gross floor area;
c. Government office buildings: one space for each 100 square feet of gross floor area;
d. Halfway house (detention center): one space for each two beds;
e. Libraries: one space for each 100 square feet of gross floor area;
f. Museums, art galleries: one space for each 100 square feet of gross floor area;
g. Vocational schools: one space for each 400 square feet of gross floor area;
14. Agriculture (Commercial).
a. Processing plants: one space for each 300 square feet of gross floor area;
b. Storage facilities: one space for each 1,000 square feet of gross floor space;
15. Retail Trade and Services.
a. Addressing, mailing and stenographic services: one space for each 300 square feet of gross floor area;
b. Advertising agencies: one space for each 300 square feet of gross floor area;
c. Automobile and truck, manufactured home, travel trailer sales: one space for each 500 square feet of showroom and one space for each 1,000 square feet of retail sales floor area;
d. Beauty shops and barbershops: one space for each 75 square feet of gross floor area;
e. Drugstores: one space for each 200 square feet of gross floor area;
f. Employment agencies (private): one space for each 200 square feet of gross floor area;
g. Financial institutions: one space for each 200 square feet of gross floor area;
h. Furniture, home furnishings, appliances: one space for each 800 square feet of gross floor area;
i. Heating and plumbing equipment stores: one space for each 400 square feet of gross floor area;
j. Heavy equipment, tractor and farm equipment repair: one space for each 300 square feet of gross floor area;
k. Household appliance, small engine, television and furniture repair: one space for each 300 square feet of gross floor space;
l. Liquor stores: one space for each 300 square feet of gross floor space;
m. Lumberyards: one space for each 200 square feet of gross floor area of enclosed sale area;
n. Paint, glass and wallpaper stores: one space for each 400 square feet of gross floor area;
o. Radio and television studios, offices: one space for each 200 square feet of gross floor area;
p. Retail Trade and Service Establishments Not Listed Above.
i. Having less than 7,000 square feet of gross floor area: one space for each 300 square feet.
ii. Having more than 7,000 square feet of gross floor area: one space for each 200 square feet;
q. Shoe repair and shoe shops: one space for each 300 square feet of gross floor area;
r. Shopping centers/malls: one space for each 300 square feet of gross building area;
s. Waste material processing and junk handling: one space for each 500 square feet of gross floor area;
16. Utilities: one space for each 800 square feet of gross floor area;
17. Wholesale trade: one space for each 300 square feet of gross floor area;
18. Bowling alleys: one parking space for every three seats within the building used for the bowling activities;
19. Business and professional offices: one parking space for every 300 square feet of gross building area;
20. Warehouse and storage buildings: one parking space for every 1,000 square feet of gross building area;
21. Industrial and manufacturing establishments: one parking space for every two employees on the largest shift and two loading spaces per establishment;
22. Schools.
a. Elementary, junior high or private schools: one parking space for every five seats in the main auditorium or assembly room;
b. High school: one parking space for every four seats in the main auditorium or assembly room, or three parking spaces for every classroom, plus one parking space for each staff member or employee, whichever is greater;
c. Colleges, universities, or business colleges: one parking space for every 300 square feet of enclosed floor space;
23. Other Uses. In the case of a use not specifically identified in this section, the requirements for off-street parking facilities shall be the same as the above-described use which is most similar, as determined by the Public Works Director;
24. Standards for Required Parking. Parking spaces provided in accordance with the requirements of this section shall meet the following standards:
a. Location. All required spaces shall be on the same lot as the use being served, or on an adjoining property; provided, that the zoning district in which such adjoining property is located allows for off-street parking as a permitted municipal use, or as a conditional use. Such adjoining property shall be under the same ownership as that of the use to be served, or there shall be a parking agreement, approved by the Planning Director, which provides for parking requirements for the life of the use or occupancy. For the purpose of this title, “adjoining property” includes any lot or tract of land within 300 feet of the principal property.
b. Excess Parking. Any excess parking spaces provided may be on the same lot(s) as the use served, on abutting or contiguous lot(s), or any lot(s) within 300 feet; provided, that the zoning district in which such lot(s) is (are) located allow(s) for off-street parking as a permitted principal use, or as a conditional use.
c. Joint Use. A single parking area may be used to service more than one establishment if the normal hours of operation of the establishments do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run concurrently. Before joint use is allowed, a contractual agreement setting out the terms of the use must be created by the joint users and filed with and approved by the Planning Director or the Director’s designee.
d. Mixed Uses. In the case of mixed uses, with the exceptions of shopping centers, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately.
e. Design.
i. No wall, post, guardrail or other obstruction that would restrict car door opening shall be permitted within five feet of the centerline of a parking space. Adequate ingress and egress from each parking space shall be provided without backing up more than 25 feet.
ii. All parking (except that which serves single-family and multifamily residences), shall be so arranged that ingress and egress are possible without backing over a sidewalk area, or onto a street or collector or larger designation.
iii. Turning and maneuvering space (except that which serves single-family and multifamily residences), shall be located entirely on private property; provided, that the usable portion of an alley may be credited as turning and maneuvering space.
iv. Space size aisle width shall have dimensions of off-street parking areas as shown below:
(A) Regulation of Parking Space Use. The providers of required off-street parking spaces may reasonably control the users thereof by means which may include, but not be limited to, restricting all parking to all users of the facility; parking lot attendants; control gates; tow away areas; areas for exclusive use by employees, tenants or staff areas restricted for use by customers or visitors; and imposing reasonable time limitations on users other than tenants, employees or staff;
(B) Screening. Where parking areas (except those which serve residential zone districts) are in or adjacent to existing residential zoning districts, the parking areas shall be partially screened by a wall, fence, or by landscaping designed to obstruct the view of the parking area from the residential area. The screen shall have a minimum height of three and one-half feet and shall be maintained in good condition subject to street intersection visibility requirements;
(C) Handicap Parking Requirements for Commercial, Industrial, Public, and Institutional Uses. One handicapped equipped and designated parking space shall be provided per every 50 required off-street parking spaces. Handicapped car spaces shall be at least eight feet wide, with an access aisle at least five feet wide adjacent to the driver’s or passenger’s side of the car space. The handicapped car spaces shall be within 200 feet of an accessible entrance to the building or structure served. The accessible route of travel shall not cross traffic lanes nor pass behind car spaces. Each handicap car space shall be identified with a sign conforming to uniform style. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 11-06 § 4(4), 2011. Formerly Ch. 10.41 Art. V)