BODY SHOP FACILITY WITH STORAGE PRIVILEGES

Houston Code of Ordinances ch. 8, art. II, div. 4

in effect

Houston Code of Ordinances § 8-91 Purpose; relationship to other provisions.

Sec. 8-91. - Purpose; relationship to other provisions. (a) Pursuant to the provisions of this division, an automotive repair facility that primarily functions as a body shop may qualify to obtain a license as a body shop facility with storage privileges. A holder of that license shall, subject to compliance with this division, be entitled to function as both an automotive repair facility and an automotive storage lot operator under this article so that a storage fee may be imposed for vehicles that are stored with the owner's consent pending their repair at the body shop or other disposition. The holder of a body shop facility with storage privileges license shall not be required to also hold an automotive repair facility license or automotive storage lot operator's license for operations at the covered premises in compliance with this division. (b) A body shop facility with storage privileges that is licensed under this division is not required to comply with the land use requirements established in section 28-34 of this Code. However, it is the intent of city council in adopting this article that the article cannot be used to circumvent the 300-foot land use restrictions that apply therein to any storage lot, whether in existence at the time of adoption of this article or created thereafter. (c) Nothing contained in this division shall be construed to preclude an automotive repair facility, whether primarily operating as a body shop or not, that is situated in a location that complies with section 28-34 of this Code from obtaining a license under the state Vehicle Storage Facility Act or a private storage lot authorization under article III of this chapter, as applicable, and conducting vehicle storage operations thereunder. (d) Nothing contained in this division shall be construed to preclude any automotive repair facility, whether primarily operating as a body shop or not, from storing vehicles without imposing a fee for the service as authorized in section 8-30 of this Code. (e) All provisions of this article that apply to automotive repair facilities shall also apply to a body shop facility with storage privileges license holder, except that the license holder may not store vehicles as provided in section 8-30(o) of this Code. (Ord. No. 99-1354, § 3, 12-21-99)

Houston Code of Ordinances § 8-92 Licensing requirements.

Sec. 8-92. - Licensing requirements. In order to obtain a body shop facility with storage privileges license, the applicant must demonstrate: (1) That on the premises where the licensed facility will be situated, the applicant operates a body shop that is operationally equipped with one or more frame machines, an estimating system, two or more fully equipped body repair bays and one or more city permitted vehicle paint booths, which equipment shall be situated within enclosed structures. (2) That the licensed facility may not derive more than 25 percent of all income from fees charged specifically for storage of vehicles on the premises. (3) That, in addition to the vehicle storage area required under item (5), below, the operator has, upon the premises, not less than five parking spaces for every 1,000 square feet of gross floor area, as required for an auto repair establishment under chapter 26 of this Code. (4) That the premises abuts a major thoroughfare and will take access to the premises for all purposes relating to the operation of the body shop and the storage of vehicles from the major thoroughfare. (5) That the premises has an enclosed all-weather-improved surface parking area not larger than seven and one-half marked parking spaces per 1,000 square feet of gross floor area, measured and construed in the same manner provided in chapter 26 of this Code, that will be utilized as its vehicle storage area. The area shall be enclosed in the same manner described in section 8-30(e) of this Code, provided that if the premises abuts any deed restricted property and the deed restrictions require a particular type of fence, then the fence shall also conform to the style required in the abutting property's deed restrictions. The vehicle storage area shall be located on the same tract or parcel of land where the body shop is situated or a contiguous tract or parcel of land. For this purpose, "contiguous" shall include an abutting tract or parcel and shall also include atract or parcel that is situated directly across the major thoroughfare from which the body shop takes it access. For these purposes, the term directly across means that 50 percent or more of the tract frontages on the opposite sides of the major thoroughfare are parallel. (6) That signs are conspicuously posted at each public entrance to the premises setting forth the hours of operation and the amount of any daily vehicle storage fee imposed. (Ord. No. 99-1354, § 3, 12-21-99)

Houston Code of Ordinances § 8-93 Operating requirements.

Sec. 8-93. - Operating requirements. Holders of body shop facility with storage privileges licenses shall be subject to the following operating rules: (1) No vehicle may be stored without the owner's consent, which shall be evidenced either by an auto wrecker tow slip signed by the owner or operator of the vehicle designating the licensed premises as the intended tow destination or by a vehicle work order or repair contract executed by the owner of the vehicle that provides for repair of the vehicle at the premises. The tow slip or contract shall evidence the date of receipt of the vehicle at the premises. (2) No vehicle shall be stored unless it has in display Texas registration and vehicle inspection stickers that are current or not more than two months expired, or equally current operating documentation if the vehicle is registered in another jurisdiction. (3) No vehicle shall be stored except in the storage enclosure described in section 8-92(5) of this Code, nor shall the number of vehicles stored exceed the number of authorized storage spaces. (4) Within 30 days from the date of its receipt, each vehicle stored shall either be removed from the premises or be brought into an enclosed body shop structure for the commencement of repairs and may not be returned to outside storage until all body work is completed. In the event that the owner does not remove the vehicle as required under this item, the body shop facility with storage privileges license holder shall cause the vehicle to be timely removed to a city-licensed private storage lot operating under article III of this chapter or a state-licensed vehicle storage facility. A daily log of vehicles received and removed shall be maintained to evidence compliance with this item. (5) The operator of the body shop facility with storage privileges may, but shall not be obligated to, impose a fee of not more than $11.00 per calendar day, or any portion of a calendar day, for storage services. No additional fee may be imposed for preservation, notices or other services related to the storage services. (6) The owner of each vehicle stored hereunder shall be notified of the applicable terms and conditions relating to storage periods and fees, including the amount of the storage fees that may be imposed, the requirement that the vehicle may not be stored on the premises for more than 30 days, the destination to which it will be taken if not timely removed, the amount of any additional towing fee that may be imposed for the removal and that the vehicle will be subject to additional fees and sale pursuant to state law if not timely redeemed from the place to which it will be removed. The notice shall be in a form approved by the police chief or his designee, shall set forth the above information and shall be mailed to the registered owner of record within five days from the date of the receipt of the vehicle, provided that the notice shall not be required to be mailed if the owner has, within five days following receipt of the vehicle on the premises, executed a work order or repair contract that includes the required notice information. (Ord. No. 99-1354, § 3, 12-21-99)

Houston Code of Ordinances § 8-94 Compliance required; inspection.

Sec. 8-94. - Compliance required; inspection. (a) Records of compliance with this article, including tow slips, work orders, repair contracts, the daily compliance log and storage receipts shall be maintained on the premises of the body shop facility with storage privileges and shall be made available for inspection and copying by any police officer immediately upon request during regular business hours. The records shall be retained on the premises for two years from the date of their creation. (b) Compliance with all provisions of this article is a condition of imposition of a storage fee by a body shop facility with storage privileges. (c) It shall be the duty of the owner and each agent and employee of a body shop facility with storage privileges to comply with all requirements of this article and any failure to comply shall be an offense punishable as provided in section 1-6 of this Code. (d) The holder of a body shop facility with storage privileges license shall only have storage privileges as extended hereunder. (Ord. No. 99-1354, § 3, 12-21-99)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH8AUDEAUWR_ARTIIAUDE_DIV4BOSHFASTPRFetched: 10/26/2026