The following land uses require specific conditions to be met
prior to the issuance of a building permit. These land uses are listed
as C, conditions required, in the schedule of uses, since they shall
meet the specific regulations listed below for each use prior to being
issued a building permit. If, at the director’s discretion,
one or more of the conditions have not been met, the request may be
brought to the city council as a specific use permit (SUP).
(1)
Alcohol sales.
The following criteria apply to alcohol
sales:
(A)
Beer sales are not permitted in residential zoning districts. Mixed
use destination centers shall not be considered residential.
(B)
Prior to issuance of a certificate of occupancy, the business owner
shall provide the city with a copy of its state permit from the Texas
Alcoholic Beverage Commission.
(D)
Unless another standard is specified, alcohol sales shall meet the standards for office, retail and commercial establishments contained in chapter 14, zoning.
(E)
If a restaurant meets the definition of a bar, the use will no longer
qualify as a restaurant and will be classified and regulated by the
city as a bar.
(F)
Industrial-scaled facilities with larger manufacturing and/or production
components (20,000 square feet or larger), in conjunction with a brewery,
brewpub, distillery, or winery, will need an SUP to locate outside
of the industrial zoning district. Smaller, boutique or craft styled
and sized operations are allowed by right in any zoning district where
general alcohol sales are permitted.
(G)
There are no minimum food percentages or requirements in the local
zoning code. All establishments are governed by state TABC regulations
and their respective definitions and licenses. State guidelines control;
however, any establishment meeting the definition of a "bar" shall
require an SUP.
(2)
Alternative energy sources regulations - solar panel/device.
(A)
Single-family residential uses:
(i)
Is in compliance with state law and poses no threat to public health
or safety;
(ii)
Is located solely on private property;
(iii)
Include approval letter from the HOA with submittal for the
CUP, if applicable.
(iv)
Installation and maintenance in compliance with manufacturer’s
recommendations and warranties;
(vi)
Ground mounted:
a.
Prohibited in front yards.
b.
Ground mounted devices shall follow the setbacks required for
accessory structures within the specific zoning district.
c.
Device shall not be visible from either the public right-of-way
or the adjacent properties;
d.
Device shall be screened by a wooden or masonry fence and no
device shall extend above the fence line.
e.
Where fences are not allowed within the residential subdivision,
a solid evergreen hedge which shall be maintained at a minimum of
six (6) feet in height within eighteen (18) months of planting.
(B)
Non-residential uses:
(i)
Is in compliance with State law and poses no threat to public health
or safety.
(ii)
Is located solely on private property.
(iii)
Installation and maintenance in compliance with manufacturer’s
recommendation and warranties.
(iv)
Is located on the roof.
(v)
Panels located on a sloped roof may not extend beyond the roofline
and shall conform to the slope of the roof, unless mounted on a roof
slope that is not visible from the public right-of-way or from adjacent
single-family districts.
(vi)
Panels located on a flat roof shall be screened from view from
the adjacent rights-of-way or from adjacent single-family districts.
(3)
Alternative energy source regulations - wind energy conversion systems
(WECS).
(A)
Single-family residential uses:
(i)
Freestanding WECS are prohibited on residential lots less than one
acre in size.
(ii)
Shall not be allowed in the front yard.
(iii)
The highest point of a roof-mounted WECS shall not project more
than five feet above the roof line, excluding the highest point of
the blade arc.
(iv)
Freestanding WECS shall be of unipole design and shall not be
located in any required setback.
(v)
Freestanding WECS shall abide by the height and setback regulations
of the specific zoning district and be located at least a distance
equal to the height of the pole away from any structure or property
line.
(B)
Non-residential use:
(i)
WECS may exceed the height limits of the zoning district, up to a
maximum of eighty (80) feet, if located at least a distance from any
residential district boundary line or residential dwelling equal to
the height of the support structure. Height shall not include the
highest point of the blade arc and shall refer to the highest point
of the pole structure.
(ii)
The minimum lot size required for a WECS is one acre. Only one
low impact WECS shall be allowed per platted lot.
(iii)
The WECS shall not be located within any required setback area
for the front, side, or rear yards.
(iv)
The WECS freestanding blade arc spheres shall have a minimum
thirty (30) foot clearance from any structure, tree or any other impediment.
(v)
All associated wiring shall be buried underground by means of a conduit
system, or if ground-mounted equipment is required, then a minimum
eight (8) foot high masonry wall shall be constructed.
(vi)
The WECS shall be constructed in a unipole design of tubular
steel and shall be self-supporting without the use of guy wires or
other similar features. In addition, no exposed racks or antennas
are allowed.
(vii)
The WECS shall be a neutral or earth tone color. The proposed
paint type shall be a dull or matte finish so as to reduce the possibility
of any glare or reflection and to minimize the visual obtrusiveness
of the WECS.
(viii)
All commercial signs, flags, lights, and attachments shall be
prohibited on the WECS, unless required for structural stability,
or as required for flight visibility by the FAA.
(ix)
The WECS shall be equipped with both a manual and an automatic
braking device capable of stopping the WECS’ operation in high
winds.
(x)
The WECS shall meet or exceed current standards and regulations of
the Federal Aviation Administration (FAA) and any other agency of
the state or federal government with the authority to regulate such
systems.
(xi)
The WECS shall not be grid-interconnected until and unless evidence
has been provided to the city that the appropriate electric power
provider has approved the customer’s intent to install a grid-connected
customer-owned WECS and that the customer’s system meets the
utility’s approved specifications for interconnection.
(xii)
The WECS shall be grounded and shielded to protect against natural
lightning strikes and stray voltage, including the blades.
(xiii)
The WECS shall be adequately designed structurally, electrically,
and in all other respects to accommodate the safety and general well-being
of the public.
(xiv)
The WECS shall be maintained at all times according to the manufacturer’s
specifications.
(xv)
The WECS shall be filtered, shielded, or otherwise designed
and constructed so as not to cause electrical, radio frequency, television
and other communication signal interference.
(xvi)
The WECS shall be prohibited from including a tower climbing
apparatus within twelve (12) feet of the ground.
(xvii)
The WECS shall adhere to the performance standards of the zoning
ordinance, in regards to maximum sound pressure levels. The noise
levels measured at the property line of the property on which the
conversion system has been installed shall not exceed sixty (60) decibels
and in no event shall the conversion system create a nuisance.
(xviii)
If the WECS is not in operation for a period
of six (6) months, it shall be deemed abandoned and shall be removed
at the owner’s expense.
(xix)
With the approval of a specific use permit, in any district,
any one or more of the above development standards may be excused,
subject to review and approval by the director.
(4)
Communication antenna towers regulations - non-residential districts.
(A)
Commercial towers may exceed the height limits of the zoning district,
up to a maximum height of 150 feet, if located a distance from any
residential district boundary line or residential dwelling at least
equal to the height of the support structure.
(B)
Towers shall be of stealth, unipole design with no exterior antennas,
wires, racks, or transmitters.
(C)
Tower sites shall be screened with a minimum eight (8) foot high
solid masonry wall with a solid metal gate.
(D)
Commercial towers shall be designed structurally, electrically, and
in all respects to accommodate both the applicant’s antennas
and additional co-located users and carriers.
(E)
Commercial towers shall be muted and dull shades of color, or if
applicable, shall match the background color of the landscape and
terrain.
(F)
Commercial towers shall be maintained in a functional, safe, and
attractive manner so that the unipole is a consistent material, color,
and size (although gentle tapering is allowed). Any future alterations,
other than general maintenance, to the unipole would require a building
permit.
(G)
Commercial towers shall be accessible by a twenty-four (24) foot
wide concrete fire lane, subject to review and approval by the fire
marshal.
(H)
There shall be a minimum of one (1) concrete parking space that is
not located in a fire lane.
(I)
A commercial antenna may be attached to a utility structure or building
(elevated water tank, electric transmission pole, etc.) regardless
of the height of said structure, provided that the antenna does not
extend more than ten (10) feet above the height of the host structure.
(J)
A commercial antenna may be placed wholly within any building permitted
in the zoning district. A commercial antenna may be mounted flush
to the exterior of a building/structure if it is painted and/or disguised
to integrate into the overall architectural design and is not readily
visible/identifiable as an antenna from public roadways or neighboring
residential properties.
(K)
All commercial signs, flags, lights and attachments shall be prohibited
on any antenna or antenna support structure, unless required for communications
operations, structural stability, or as required for flight visibility
by the FCC and the FAA.
(L)
No communication tower, antenna, antenna support structure, microwave
reflector/antenna, or associated foundations, support wires, or appurtenances
shall be located within any required setback area for the front, side,
rear yards, or required landscape buffers.
(M)
The director may require a map of the vicinity showing current coverage
and coverage after construction. Commercial communication towers require
site plan approval, prior to or concurrent with the application for
a building permit.
(N)
Collocation of antennas and antenna support structures shall be required.
No new towers shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the city that no existing antenna
support structure can accommodate the applicant’s proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure
can accommodate the applicant’s proposed antenna may consist
of any of the following:
(i)
No existing towers or structures are located within the geographic
area, which meet the applicant’s engineering requirements;
(ii)
Existing towers or structures are not of sufficient height to
meet the applicant’s engineering requirements;
(iii)
Existing towers or structures do not have sufficient structural
strength to support the applicant’s proposed antenna and related
equipment; or
(iv)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(O)
A lot containing a commercial communication tower shall be located
at least 2,000 feet away from any lot containing another communication
tower greater than fifty (50) feet in height, as measured in a straight
line between the nearest points of one lot to the other lot.
(P)
If one or more of the above standards are requested to be waived
or amended, the request may be heard by the city council as part of
a SUP request.
(5)
Donation bin/collection site regulations.
(A)
A maximum of one donation bin may be located per lot or contiguous
lots under common ownership or occupancy. Donations bins may not be
located on a vacant lot.
(B)
A donation bin shall not be located within the designated fire lane
or hinder the movement of emergency public safety vehicles and/or
equipment or within required parking spaces or within or immediately
adjacent to designated handicap parking areas. Donation bins shall
not be located between the associated building and the street and
shall be sited at the side or rear of the building.
(C)
A collection site shall provide safe vehicular access, off-street
parking, and accommodate the delivery of materials on a concrete surface.
(D)
The scope of the activity of either a donation bin or collection
site may not encumber required parking spaces of any business and
shall be located in a non-residential zoning district.
(E)
Solid masonry screening walls shall be provided on three (3) sides
of the donation bin.
(F)
Restroom facilities for employees at manned collection sites shall
be provided either on-site (e.g. with a portable toilet), or off-site
if within 300 feet of the subject property and accompanied with a
letter of permission from the property owner granting access.
(G)
The name and contact information of the organization/manager who
is responsible for the donation bin and/or collection site is required
to be clearly placed, either affixed to the bin or with appropriate
signage.
(H)
Merchandise shall be neatly organized and not haphazardly piled.
(6)
Home occupation regulations.
No city approval is required
for home occupations. However, home occupations are subject to the
following conditions and requirements:
(A)
No signage associated with the home occupation and visible from outside
of the dwelling shall be allowed on the premises, except as may be
authorized or permitted by other applicable ordinances of the city.
(B)
No more than two (2) non-relatives may be employed on-site in addition
to those residing in the home.
(C)
Outdoor activities are not allowed, unless the activities are screened
from neighboring properties and public rights-of-way and limited to
the hours between 8:00 a.m. to 8:00 p.m.
(D)
There shall be no exterior storage of materials, equipment, vehicles,
and/or supplies used in conjunction with the home occupation.
(E)
A home occupation shall not serve as an office or storage facility
for a vehicle fleet operation in which fleet vehicles visit the site.
A “fleet” is defined as three (3) or more business vehicles.
(F)
The home occupation shall not produce offensive noises, vibrations,
smoke, dust, odors, heat, or glare beyond the property lines.
(G)
No major alterations to the property or exterior of the dwelling
unit or accessory buildings shall be allowed that changes the residential
character of the buildings. The home occupation use shall be clearly
incidental and secondary to the residential use of the dwelling.
(H)
No repair or servicing of vehicles, internal combustion engines,
large equipment, or large appliances is allowed.
(I)
No storing of hazardous materials for business purposes is allowed
on the premises.
(J)
Merchandise, commodities, goods, wares, materials, or products shall
not be offered or displayed for sale on the premises, excluding fruits
and vegetables grown on-premises. Sales incidental to a service shall
be allowed; and orders previously made by telephone or at a sales
party may be filled on the premises.
(K)
No traffic shall be generated by a home occupation in greater volumes
than normally expected in a residential neighborhood or create unreasonable
parking or traffic congestion in the immediate neighborhood, and any
need for parking shall be accommodated within the off-street parking
provided for the residence (i.e. the driveway or garage) and along
the street frontage of the lot.
(7)
Hotel regulations, bed and breakfast/short-term rental.
(A)
“Bed and breakfast” is defined as a residential home,
occupied by the owner or manager, where the owner or manager rents
one or more bedrooms for remuneration and provides a breakfast meal
to the guest.
(B)
“Short-term rental” is defined as a residential home
or unit that is occupied for a relatively brief period of time (i.e.
less than 30 days duration) by paying guests, typically through a
web-based service (e.g. Airbnb(R) or Vrbo(R)).
(C)
Guest parking shall be provided on the residential lot and not on
the street.
(D)
The owner or manager shall be responsible for any noise or disruption
of the neighborhood caused by the guests.
(E)
The owner or manager shall register with the state to pay any applicable
taxes and shall pay the hotel tax to the City of Celina, as required
by law.
(8)
Hotel regulations, full service.
(A)
A full service hotel is considered a top tier hotel in terms of amenities
and service. It includes all of the amenities listed below and often
exceeds these minimum standards and is generally rated three (3) stars
or higher (on a 4-star industry basis).
(B)
A full service hotel that meets all of the requirements listed below
requires only administrative site plan approval if shown as a C, conditions
required on the schedule of uses. Any failure to meet one or more
of the listed conditions requires an application for a specific use
permit (SUP), which is subject to review and approval by the planning
and zoning commission and the city council.
(i)
A minimum of 100 guest rooms and/or suites.
(ii)
A minimum of 4,000 square feet of meeting room space.
(iii)
A minimum of one (1) restaurant that provides three (3) meals
per day with on-site preparation and service provided by wait staff,
hostesses, etc. and seating for a minimum of thirty (30) customers.
(iv)
Guest room access from an interior hallway.
(v)
Swimming pool with a minimum of 800 square feet of pool surface area.
(vi)
Attached port cochere adjacent to the hotel lobby or reception
area.
(9)
Manufactured home replacement regulations.
(A)
The federal government allows a one-time replacement of a manufactured
home under the circumstances listed below.
(B)
In the event that a HUD-code manufactured home occupies a lot within
the city, the owner of the HUD-code manufactured home may remove the
HUD-code manufactured home from its location and place another HUD-code
manufactured home on the same property, provided that the replacement
is a newer HUD-code manufactured home, and is the same size or larger
in living space as the prior HUD-code manufactured home. Except in
the case of a fire or natural disaster, the owner of the HUD-code
manufactured home is limited to a single replacement of the HUD-code
manufactured home on the same property.
(C)
Property owners who have a HUD-code manufactured home which has been
placed on a lot in violation of the terms of this ordinance shall
not have the right to replace the illegal use. This subsection shall
not be interpreted to legitimize an otherwise illegal use.
(D)
Except with regard to the above clause, the replacement provisions
of this section shall not apply in the SF-M, single-family manufactured
home zoning district.
(10)
Pawn shop regulations.
(A)
“Pawn shops” are hereby defined as a facility that lends
money in exchange for personal property as security deposited with
or pledged to it. This definition includes the sale of such securities
after repossession and the sale of merchandise generally found in
retail stores, as defined by State law.
(B)
A lot containing a pawn shop shall be located at least 1,000 feet
from any lot containing another pawn shop, as measured in a straight
line between the nearest points of one lot to the other lot.
(C)
A lot containing a pawn shop 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)
Pawn shops shall be situated only within a freestanding building
and shall not be co-located in the same structure as other uses.
(E)
No lot containing a pawn shop shall be located in the Preston Road
Overlay, the Dallas North Tollway Overlay, or the Collin County Outer
Loop Overlay Districts.
(11)
Vending kiosk regulations.
The following conditions
apply to a commercial vending kiosk greater than 120 square feet in
size, prior to the issuance of a building permit.
(A)
A permanent structure with a permanent foundation is required.
(B)
The structure shall have a primarily brick/stone veneer that matches
adjacent development.
(C)
No commercial kiosk of similar type shall be installed within two
(2) miles of another such structure.
(D)
Site location should not provide a strong visual presence on a major
thoroughfare, nor impede fire lanes or cause other traffic flow problems,
subject to review and approval by staff.
(E)
Lighting and signage shall be minimal, per existing regulations.
(F)
Concrete parking shall be available, and a bathroom agreement or
other accommodation is required if manned.
(G)
Permits are required, as is property owner authorization, and installation
shall abide by all applicable building, fire, health, subdivision,
engineering design, and zoning codes.
(H)
Structures shall be removed with a valid demolition permit by the
property owner if inoperable or abandoned for more than six (6) months.
Seasonal sales are not allowed per this use.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2022-116 adopted 10/11/2022)
