The following land uses require specific criteria to be met
in addition to city council approval through a specific use permit
(SUP) or a planned development (PD) in order to be approved. The city
council may waive any or all of the regulations listed below as part
of the SUP or PD approval process.
(1)
Airport/helipad/heliport regulations.
(A)
“Airport” is defined as a place where aircraft land and
take off, usually equipped with hangars, facilities for refueling
and repair, and various accommodations for pilots and passengers.
(B)
“Helipad” is defined as a place, typically on the roof
of a hospital or a small ground area where helicopters may land and
take off, but without any service or fueling capabilities.
(C)
“Heliport” is defined as a place where helicopters land
and take off, usually equipped with hangars, facilities for refueling
and repair, and various accommodations for pilots and passengers.
(D)
None of the above defined uses shall be located within 400 feet of
any residential structure or any area zoned residential, and no residential
structure shall be located within 400 feet of any such use.
(E)
Such distances shall be measured as the shortest possible distance
in a straight line from the closest point of the proposed use to the
closest point of the residential structure or area, as the case may
be[.]
(F)
Notwithstanding the foregoing, the city council may elect to locate
such uses in closer proximity.
(2)
Reserved.
(3)
Alternative financial services regulations.
(A)
Alternate financial services are defined as check cashing business, payday advance or loan business, money transfer business, and car title loan business (see section 14.01.114, land use definitions under “alternate financial services” for more detailed definitions).
(B)
A lot containing an alternative financial service shall be located
at least 1,000 feet from any lot containing another alternative financial
service, as measured in a straight line between the nearest points
of one lot to the other lot.
(C)
A lot containing an alternative financial service shall be located
at least 200 feet from any lot zoned or used for residential purposes,
as measured in a straight line between the nearest points of one lot
to the other lot.
(D)
No lot containing an alternative financial service shall be located
in the Preston Road Overlay, the Dallas North Tollway Overlay, or
the Collin County Outer Loop Overlay Districts.
(E)
Alternative financial services shall be situated only within a freestanding
building and shall not be co-located in the same structure as other
uses.
(4)
Alternative retail services regulations.
(A)
Alternative retail services are hereby defined as businesses or services that require additional scrutiny by the city council as to the appropriate location (see section 14.01.114, land use definitions under “alternate retail services” for more detailed definitions).
(B)
A lot containing an alternative retail service shall be located at
least 1,000 feet from any lot containing another alternative retail
service, as measured in a straight line between the nearest points
of one lot to the other lot.
(C)
A lot containing an alternative retail service shall be located at
least 200 feet from any lot zoned or used for residential purposes,
as measured in a straight line between the nearest points of one lot
to the other lot.
(D)
No lot containing an alternative retail service shall be located
in the Preston Road Overlay, the Dallas North Tollway Overlay, or
the Collin County Outer Loop Overlay Districts.
(E)
Alternative retail services shall be situated only within a freestanding
building and shall not be co-located in the same structure as other
uses.
(5)
Communication antenna towers regulations - residential districts.
When proposed to be located within a residentially zoned district, approval of a SUP is required. Application shall meet the requirements listed in section 14.03.401(4), communication antenna towers regulations - non-residential districts.
(6)
Hotel regulations, extended stay.
(A)
An extended stay hotel is defined as a building or group of buildings
used as a temporary dwelling place for individuals in exchange for
financial consideration where customary hotel services such as linen,
housekeeping service, and telephone are provided. Also called “residence
hotels,” the room units are designed to be suitable for long-term
occupancy with financial consideration typically being calculated
on a weekly or monthly basis. Typical extended stay hotels include
kitchen facilities, on-site laundry equipment, external doorways into
room units, and are generally rated two (2) or fewer stars (on a 4-star
industry basis).
(B)
Residence or extended stay hotels shall include all of the following
amenities:
(i)
A minimum of eighty (80) guest rooms and/or suites;
(ii)
Guest room access from an interior hallway;
(iii)
Laundry facilities adequate to serve the residents at full capacity;
(iv)
Playground equipment and open space as determined by the director;
and
(v)
Swimming pool with a minimum of 800 square feet of pool surface area.
(7)
Hotel regulations, limited service.
(A)
A limited service hotel is defined as a temporary dwelling place
for individuals or families in exchange for financial consideration
that provides an economical choice with fewer amenities than a full
service hotel and is generally rated two (2) or fewer stars (on a
4-star industry basis).
(B)
Limited service hotels shall include all of the following amenities:
(i)
A minimum of 700 square feet of meeting room space;
(ii)
Limited food and beverage service, but including breakfast buffet
service;
(iii)
Guest room access from an interior hallway;
(iv)
Swimming pool with a minimum of 400 square feet of pool surface
area; and
(v)
Attached port cochere adjacent to the hotel lobby or reception area.
(8)
Open storage regulations (permanent or ongoing).
(A)
For the purposes of this subsection, the definition of open storage
is the keeping of any goods, material, merchandise, vehicles, trailers,
modular storage units, or equipment outside a building on a lot. Examples
of permanent and ongoing open storage are home and garden supplies,
bagged mulch and seed, and automobiles and other vehicles.
(B)
The area utilized as open storage in C, commercial, office, and retail zoning district or related PD - planned development zoning district shall not exceed fifteen percent (15%) of the total gross square foot of the building located on the same lot as the open storage. Permanent open storage shall not be permitted in any portion of the lot between a public street and a line projected from the faces of the building lot lines, except as described in subsections (F) and (J), below.
(C)
The square footage of the area designated for open storage in I,
industrial zoning district or related PD - planned development zoning
districts is not restricted as long as it is located on the same lot
and not in the front setback.
(D)
The open storage area shall be attached to a wall of the principal
building.
(E)
An exception to the location of open storage shall be the location
of shopping carts, which may utilize designated areas within the parking
lot, so long as the shopping carts are gathered within steel carrels
suitable for retaining carts and the locations do not interfere with
traffic flow or customer parking.
(F)
Open storage may not be permanently located in any fire lane, maneuvering
aisle, or customer pick-up lane.
(G)
Open storage may not be located in any required front, side, or rear
setback.
(H)
Open storage may not be located in any parking space (except as described in subsection (J) below).
(I)
Open storage may not obstruct visibility or interfere with pedestrian
or vehicular circulation. If items are placed on a sidewalk or other
pedestrian area, a six (6) foot wide pedestrian path shall be maintained
through or adjacent to the outside display area. The pedestrian path
shall be concrete or asphalt and may not be located within off-street
parking areas, including parking spaces, fire lanes, maneuvering aisles,
and customer pick-up lanes.
(J)
Nothing in this article shall prohibit temporary open storage of merchandise for display and sale during a seasonal or sidewalk sale (see section 14.03.501(5), open storage regulations - under eave display).
(K)
Screening of open storage.
(i)
All open storage and outside display shall be screened from the view
of adjacent streets and adjacent properties unless located in an I,
industrial zoning district, where open storage is required to be screened
only from the street right-of-way.
(iii)
If the standards required for screening of open storage cannot
be met due to site-specific issues, the property owner or developer
may petition the director to approve alternative screening methods
that meet the purpose and intent of the ordinance.
(L)
Exceptions to screening requirements.
(i)
No screening is required for open storage and outside display of goods, materials, merchandise, or equipment as an accessory use if generally placed “under eaves.” (See section 14.03.501(5), open storage, under eave display for regulations[.])
(ii)
Screening is not required for items placed adjacent to a gasoline
pump island that do not exceed three (3) feet in height, except for
those items otherwise prohibited in this section.
(iii)
The director may waive these requirements if no public purpose
would be served by the construction of a required screen, or if the
site characteristics do not necessitate screening since natural features
exist that sufficiently screen the open storage.
(9)
Private street development/gated community regulations - existing
subdivisions.
(A)
A private street is defined as a paved thoroughfare within a gated
community with no access to the general public and is entirely owned,
maintained, and subsequently replaced by the homeowners association
(HOA). Application for the conversion of public streets to private
streets require the following regulations to be observed as part of
the consideration process by the city council.
(B)
Private street developments are subject to provisions of the master
thoroughfare plan and the subdivision ordinance, as it exists or may
be amended. Private street developments may not cross an existing
or proposed thoroughfare as shown on the city’s adopted master
thoroughfare plan nor shall a private street development disrupt an
existing or proposed hike and bike route.
(C)
Private street developments shall be located in an area that is surrounded
on at least three (3) sides, and in any event no less than approximately
seventy-five percent (75%) of the perimeter, by natural barriers or
similar physical barriers constructed by man. Examples of natural
barriers would be creeks and floodplains. Examples of similar man-made
barriers would be golf courses, school locations, parks, railroad
tracks, or a limited access roadway. Non-qualifying man-made barriers
include screening walls, local roadways, drainage ditches, detention
ponds, landscape buffers, earthen berms, utility easements, and at
grade rights-of-way.
(D)
Any proposed private street development adjacent to an existing subdivision
with public streets that can be reasonably connected, including by
constructing a bridge or culvert, for example, should not be approved
as a private street development. The two adjacent subdivisions should
allow cross-connectivity using public streets. This is especially
critical when one of the two subdivisions has a school site.
(E)
Any private street development proposed for an existing subdivision
shall demonstrate that the homeowners association (HOA) has established
an escrow account to be kept for the purposes of street repair and
replacement.
(F)
The petition to convert public streets to private streets shall be
signed by one hundred percent (100%) of the property owners in the
existing subdivision.
(G)
Agents representing the HOA shall agree to enter into an agreement
with the city for the purchase of the installed infrastructure and
rights-of-way from the city at fair market appraised value for cash
in full payment, and agree to maintain and subsequently replace the
infrastructure at city standards thereafter.
(H)
All documents are subject to the review and approval of the city
attorney.
(I)
Subsequent to the approval of the private street designation, the
entire subdivision affected shall be replatted to reflect the ownership
changes and remove the city’s ownership and maintenance obligation
from the streets and rights-of-way.
(10)
Private street development/gated community regulations - new subdivisions.
(A)
In addition to the regulations listed in subsection (9), above, the
following regulations apply to new subdivisions that wish to incorporate
private streets in the residential development.
(B)
No disruption of planned public roadways or facilities/projects (thoroughfares,
parks, park trails, public pedestrian pathways, etc.).
(C)
No disruption to and from properties of future developments either
on site or off site to the proposed subdivision.
(D)
No negative effect on traffic circulation on nearby public streets.
(E)
Not less than 100 feet of street frontage on which to locate the
main entrance gate.
(F)
No more than two (2) gated street entrances, subject to approval
by the director of engineering, may face a designated thoroughfare
within a one (1) mile segment of that thoroughfare.
(G)
No impairment of access to and from public facilities including schools
or public parks.
(H)
No impairment of the adequate and timely provision of essential municipal
services (emergency services, water/sewer improvements or maintenance,
etc.).
(I)
The main entrance to the private street development shall have adequate
throat depth to provide for residents, their guests and any accidental
access and have an escape aisle for those vehicles not admitted into
the subdivision.
(J)
Absence of a concentration of private street developments in the
vicinity of the requested private street development.
(K)
Developers who wish to develop as a private street/gated community
shall agree to maintain the infrastructure and rights-of-way at city
standards and sign an agreement with the city to that effect.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2022-116 adopted 10/11/2022; Ordinance 2022-116 adopted 10/11/2022)
