(A)
The Land Use Matrix is as set forth [at the end of this chapter].[1]
[1]
Said matrix is included as an attachment to this chapter.
(Ordinance 6773 adopted 5/19/15)
(A)
Specific
Requirements.
The City has established the following standards for certain land uses that apply to the uses regardless of the zoning district in which they are located, unless otherwise stated within other sections of this GDC. The definitions for each land use listed below are contained within Chapter 6 of this GDC.
(1)
Convenience
Stores.
Convenience stores must comply with the following provisions of this Subsection (1):
(a)
A Convenience Store may not offer drive-in, drive-up, drive-through
or walk-up sales, or service of pre-packaged, sealed, unopened beverages.
(b)
A Convenience Store must contain a minimum of one thousand square
feet of retail space unless it is located in a multi-tenant building
in an Urban district.
(c)
For purposes of this Section, the terms “drive-in,” “drive-up,”
“drive-through” and “walk-up” do not prohibit
the service of food or beverages to customers:
(2)
Youth
Day Care Centers and Private Schools (including Kindergartens and
Pre-Schools).
Youth Day Care Centers and Private Schools must comply with the development standards of the zoning district and with the following regulations and standards of this Subsection (2):
(a)
State License.
All Day Care Centers and Private Schools
must have and maintain a valid State license, if required, for the
type of operation.
(b)
Outdoor Play Area.
(i)
All Day Care Centers and Private Schools must provide at least sixty-five
square feet of fenced outdoor play space per child, based upon the
maximum licensed capacity of the facility. The required outdoor play
area may have no perimeter dimension of less than thirty linear feet.
However, where the minimum requirements of outdoor play area have
been met, any additional space used as a portion of the outdoor play
area may be of any dimension. For Day Care Centers or Private Schools
that are located within an office building, retail center, or other
nonresidential structure, the outdoor play area requirement may be
satisfied by providing an equivalent amount of indoor play space (such
as a gymnasium or other enclosed area that is conducive to recreational
activities).
(ii)
The outdoor or indoor play area must be directly accessed from the
main building unless otherwise approved by the Planning Director during
the development review process.
(iii)
The outdoor play area, including any additional space in excess
of minimum requirements, must be completely enclosed by a minimum
five-foot tall fence with at least two exits.
(iv)
The outdoor play area must have large canopy trees at the rate of at least one tree per five hundred square feet of play area, and at least fifty percent of the outdoor play area must be pervious (that is, unpaved), except when otherwise provided for when a Specific Use Provision has been granted or through approval of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(v)
At least one active play structure or apparatus (such as a swing-set
or slide) must be provided for outdoor play areas.
(vi)
Outdoor play areas are prohibited in required front yards.
(c)
Screening of Outdoor Play Area.
A minimum six-foot high
solid fence is required along play areas that are adjacent to residentially
zoned property.
(d)
Parking and Loading.
Paved off-street parking must be
provided at the ratio shown on the Land Use Matrix, Article 5 of this Chapter 2 unless the facility is located within (or integrated with) an office structure as an accessory use primarily oriented to its tenants and their clients or guests.
(e)
Off-Street Loading Area.
A paved area must be provided for the loading and unloading of children on a pass-through, distinct private driveway, exclusive of any fire lane(s), except when otherwise provided for when a Specific Use Provision has been granted or through approval of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(f)
Access/Paving.
Primary access must be from a collector
or larger street (not an alley or fire lane). All driveways, entrances,
and parking areas must conform to City standard specifications.
(3)
Automotive
Uses.
(a)
Motor Fuel Pumps and Canopies.
Motor fuel pumps and
canopies must comply with the following provisions and standards of
this Subsection (3)(a):
(i)
Motor fuel station pump islands (and their canopy structures) must
be set back a minimum of twenty feet to a property line that is adjacent
to a public street, and a minimum of fifteen feet to any property
line that is not adjacent to a public street or a residential zoning
district.
(ii)
Motor fuel pump service areas must be designed with service parking
bays and escape lanes as shown in Illustration 2-11 and Illustration
2-12.
(c)
Automotive Service Bays.
Automotive service bays must comply with the stacking requirements provided in Section 4.20 of Chapter 4. Overhead/roll-up service bay doors may not face any public street unless expressly provided below:
(i)
An oil/lube change establishment and an automated car wash bay may have overhead/roll-up service bay doors on opposite sides of the building for drive-through convenience. For a corner lot, only one set of service bay doors (either entrance or exit) may face onto the secondary roadway (for example: along a freeway frontage road or a major arterial one set of doors face onto the perpendicular side street and the other/opposite set of doors must face the interior side yard). For a through lot, or for a lot having three or more sides facing a public street, or for another peculiar circumstance pertaining to how a development site is situated, a request for alternative compliance may be submitted (see Article 1, Division 2 in Chapter 4 of this GDC) for consideration of an alternative placement of doors.
(ii)
Legally nonconforming overhead or roll-up service bay doors in existence as of the effective date of this GDC may remain for their current purpose. However, upon any change of use on the property to any non-automotive use (unless the non-automotive use requires the bay doors for its operation, such as a contractor’s office/warehouse) any overhead or roll-up service door must be permanently closed and removed. The remaining openings must be converted to either fixed-pane windows or solid exterior construction that matches, to the greatest extent practical, the colors and finishes of the building. Alternatives to this requirement may be considered for approval through submission of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(d)
Automobile Leasing/Rental.
An automobile leasing or
rental establishment may provide for on-site, short-term, incidental
storage of automobiles to be rented. However, any on-site storage
of inoperable vehicles (or vehicles needing repairs) including motorbikes,
motor scooters, and recreational vehicles, is limited to a maximum
of three calendar days.
(e)
Automobile Parts Sales, Retail (Indoors).
Indoor Retail
Automobile Parts Sales uses may not: (i) store inoperable vehicles
or vehicles requiring repair overnight; (ii) conduct on-site repairs
of vehicles; (iii) have vehicle repair bays; or (iv) conduct other
outside storage activities.
(f)
Automobile Repair, Major.
Major Automobile Repair uses
may not conduct any outdoor vehicle or equipment repairs or maintain
or store overnight vehicles, parts, equipment, or accessories outdoors,
except as follows:
(i)
Vehicles currently being repaired may remain on-site for a maximum
of ninety calendar days.
(ii)
All vehicles stored on-site must be kept either in a secured garage
bay or in a secured, gated access parking lot enclosed by a blind
fence or wall at least six feet high, and enclosing an area of at
least 600 square feet per garage bay.
(iii)
A Major Automobile Repair business may not conduct, or market,
the on-site sale of motor vehicles. It shall be an affirmative defense
to prosecution that the on-site sale, or marketing, of a motor vehicle
is the incidental sale of an unclaimed vehicle where the vehicle was
brought into the facility for repair but was then abandoned back to
the repair facility by the owner of the vehicle.
(iv)
A Major Automobile Repair establishment may keep a maximum of one
wrecker on-site for incidental towing.
(g)
Automobile Repair, Minor.
Minor Automobile Repair uses
may not conduct any outdoor vehicle or equipment repairs or maintain
or store overnight vehicles, parts, equipment, or accessories outdoors,
except as follows:
(i)
Vehicles currently being repaired may remain on-site for a maximum
of fourteen calendar days.
(ii)
All vehicles stored on-site must be kept either in a secured garage
bay or in a secured, gated access parking lot enclosed by a blind
fence or wall at least six feet high, and enclosing an area of at
least 400 square feet per garage bay.
(iii)
A Minor Automobile Repair establishment may keep a maximum of
one wrecker on-site for incidental towing.
|
Illustration 2-11 Motor Fuel Pump Islands - Two in Each
Queue
 |
|
Illustration 2-12 Motor Fuel Pump Islands - Three or more
in Each Queue
 |
(h)
On-street Parking. On-street parking within
public rights-of-way is prohibited for any vehicle associated with
Automotive uses. For the purposes of this Section, “associated”
means a vehicle that is:
(i)
owned or in the care, custody, or control of the Automotive use business;
(ii)
owned, operated, or in the care, custody or control of a patron,
guest, invitee, customer, agent, employee, or owner of the Automotive
use business; or
(iii)
owned, operated, or in the care, custody or control of any other
person who is participating in commercial activity with an Automotive
use business.
(4)
Residential
Buildings - Use or Conversion of Existing Building, Dwelling, Industrialized
Housing Units.
To protect the residential character of
neighborhoods, no building or portion of a building that is designed,
constructed, or used as a residence may be converted to a nonresidential
use of any type unless it meets the following standards and conditions:
(a)
In a Residential Zoning District.
The proposed use,
the residential building being converted to a nonresidential use,
and the lot on which the building is located shall conform to all
applicable provisions of this GDC, including but not limited to the
following:
(i)
Offsite Parking.
To provide for safe and efficient circulation
of pedestrian and vehicular traffic in residential neighborhoods,
the proposed nonresidential use may have no off-site parking on public
streets for employees, volunteers, or guests or patrons attending
small gatherings, assemblies, or meetings on the premises. Offsite
parking pursuant to a lease or license agreement with the owner of
private property located in a nonresidential zoning district and within
150 feet of the premises is permitted. The distance shall be measured
from the property line of the premises, along the property lines of
street fronts, and diagonally across intersections to the property
line of the tract on which off-site parking is being provided.
(ii)
Parking Ratio.
A nonresidential use in a residential
building being converted to a nonresidential use must provide off-street
parking at a parking load factor of 100 (one parking space for every
100 square feet of habitable living space in the converted residential
building). The off-site minimum parking requirements must be met pursuant
to a lease or license agreement as authorized above.
(iii)
Occupancy Load.
A nonresidential use in a residential
building shall have an occupancy load factor of 100 (one person for
every 100 square feet of habitable living space).
(iv)
Hours of Operation. A non-residential use in a residential building
may only operate between the hours of 7:00 a.m. and 9:00 p.m.
(v)
Signs.
A nonresidential use in a residential building
may not erect or maintain a free-standing sign unless the lot or tract
of land on which it is located has a minimum of 200 linear feet of
frontage along the street to which the front door of the building
is facing.
(vi)
Residency.
No person shall reside, whether on
a temporary or permanent basis, or stay overnight within any portion
of a building that has been converted to a nonresidential use.
(vii)
Residential Character of Building.
There may be
no substantial modifications to the building such that would unduly
impair any future re-conversion of the building to a residential use.
(viii)
Minimum Distance from other Residential Buildings.
A nonresidential use in a residential building (or upon the lot or
tract of land) located within a residential zoning district shall
be no less than 50 feet from any other structure used for residential
purposes that are located upon adjoining lots or tracts of land.
(ix)
Approval Letter.
The Building Official may approve the conversion after determining the application is in compliance with this Section 2.52 and all other applicable codes and state law. The Building Official shall issue a letter approving the conversion, approving the conversion with conditions, or denying the conversion.
(x)
Expiration of Approval Letter.
Once the Building Official
issues a letter approving the conversion, or approving the conversion
with conditions, the applicant shall have 365 calendar days from the
date the Building Official sends the approval letter to the applicant
to apply for all required site or building permits and commence site
or building improvements. The approval letter shall also expire 365
calendar days following the date of the most recent inspection if
there has not been substantive progress on the site or building improvements.
(b)
In a Nonresidential Zoning District.
Once the Building
Official determines that the proposed conversion is in compliance
with all provisions of this GDC and all other applicable codes and
state law, the Building Official shall have the authority to issue
a Certificate of Occupancy for a nonresidential use in a residential
building located within a nonresidential zone.
(c)
In the event the Building Official approves an application for conversion and the applicant completes all work necessary to be in compliance with the approval letter, this GDC, and all other applicable codes and state law, including the payment of all fees, the Building Official shall issue a Certificate of Occupancy, with any reasonable conditions the Building Official determines necessary to carry out the intent of this Section 2.52, for the nonresidential use of a residential building located within a residential zone.
(d)
Appeal to the Board of Adjustment.
In the event the
Building Official denies an application for conversion or approves
it with conditions, the applicant shall have 30 calendar days to appeal
the decision of the Building Official by submitting a written request
for appeal to the Building Inspection Department before the close
of the 30th calendar day following the date of the approval letter.
(5)
Single-Family
Residences or Dwellings in Nonresidential Districts; Temporary Housing;
and Miscellaneous Dwellings.
(a)
Unless residential uses are specifically indicated within a district
as an allowed use within the Land Use Matrix, Article 5 of this Chapter 2, and unless a residential use is a legally nonconforming use within a district, no nonresidential structure may be used as a dwelling, and no new residential dwellings may be erected within a nonresidential zoning district.
(b)
Any single-family residential dwelling existing in a nonresidential district at the time of the effective date of this GDC, and uses and buildings erected as accessory to a single-family dwelling, may be repaired, altered or added to, including new accessory buildings, the same as if the dwelling were erected in a single-family residential district (see Article 7 in this Chapter 2 for Nonconforming Uses & Structures).
(c)
Recreational vehicles, travel trailers, tents and other forms of
portable or temporary housing may not be used for dwelling or guest
housing purposes in any district.
(d)
Industrialized Housing Unit Dwellings modules must bear a permanently
affixed decal issued by the Texas Department of Labor and Standards
which indicates compliance with the standards, rules and regulations
established by the Department for industrialized homes.
(e)
Live/Work Dwellings must have a separate entry from a public walkway
for the living and working areas, and the residential component must
be located above the commercial use or behind the commercial use in
relation to the primary entry. The business activity occupying a live/work
unit may utilize employees in addition to the residents; however,
at least one of the full-time workers of a live/work unit must reside
in the unit, and the residential area may not be rented separately
from the working area.
(6)
Tattooing/Body
Piercing Establishments.
Tattooing/body piercing establishments, when developed as an allowed use, must comply with the development standards of the district and the following regulations and standards of this Subsection (6):
(a)
Location.
Tattooing/body piercing establishments may
not be located within five hundred feet of any residence or residential
subdivision, church or place of worship, public or private school,
public park, public hospital, child care center, senior living facility,
or other tattooing/body piercing establishment. The measurement of
the distance between the establishment and a residence, church or
place of worship, public or private school, park or public hospital
shall be along the property lines of the street fronts and from front
door to front door, and in direct line across intersections.
(b)
State License.
A tattooing/body piercing establishment,
or employee of, or persons providing a regulated service therein,
must maintain a valid state license at all times where a license is
required by state law.
(c)
Permanent Cosmetics.
The application of permanent cosmetics (as defined in Chapter 6 of this GDC) is allowed as an accessory use in any personal service establishment that is related to personal appearance (such as, hair salons, nail salons, waxing or tanning salons, or spas), subject to the establishment, employees, or persons providing a regulated service therein, having a valid state license at all times, where a license is required by state law.
(7)
Kiosks.
(a)
Kiosks are prohibited within required building setbacks, required
parking spaces, easements, fire lanes, drive aisles, and rights-of-way.
(b)
Merchandise and dropped-off materials are prohibited outside of a
kiosk structure.
(c)
A maximum of one kiosk is allowed per fifty thousand square feet
(or portion thereof) of floor area on a property, and no more than
three kiosks may be located within a shopping center site.
(d)
Any type of kiosk that is of “drive-up” or “drive-through”
style, as may be allowed in the zoning district where it will be placed
(see the Land Use Matrix in Article 5 of this Chapter 2), must have at least two vehicle stacking spaces for queued vehicles.
(e)
Any kiosk designed or intended to be occupied must have a minimum
floor area of twenty-five square feet.
(f)
An ATM kiosk may be within the main building, on-site and detached
from the main building, or located off-site. ATMs located within,
attached to, or incorporated within a bank’s drive-through canopy
are considered accessory to the principal bank use.
(8)
Recycling/Used
Goods Collection Facilities.
A recycling and reclamation facility, including any recycling/used goods collection point, must comply with all regulations for the district in which it is located and with the following provisions of this Subsection (8):
(a)
General.
All Recycling/Used Goods Collection Facilities
(kiosks, collection centers, and salvage yards) must be in compliance
with the following provisions:
(i)
facilities must be kept reasonably free from noxious odors, rodents,
insects, and refuse;
(ii)
facilities may not be used for the collection of any food or consumable
materials, unless expressly approved by SUP;
(iii)
facilities must comply with all local, state and federal regulations
pertaining to the collection, storage, and disposal of certain materials
(such as metals, wires, HVAC components, chemicals, and hazardous/flammable
materials); and
(iv)
items being stored outdoors, where allowed, may not be stacked or
stored above the height of the screening device.
(b)
Used Goods and Recycling Collection Points - Kiosks, Containers,
and Trailers.
(i)
General.
The following provisions are applicable to
all kiosks, containers, and trailers acting as collection points for
used goods or recycled materials.
a.
The kiosk, container or trailer may not be placed within any front
or street side yard setback, or within any fire lane, easement, or
required parking or loading space (applicable to temporary facilities
only).
b.
The kiosk, container, or trailer must be serviced/emptied regularly
to avoid overfilling and spillage of materials (materials and litter
are prohibited outside the kiosk, container or trailer).
c.
The kiosk, container or trailer may not be used for the collection
of any hazardous or flammable material.
d.
The kiosk, container, or trailer must be placed in an easily accessed
and well-lit area for security and public safety reasons (it can be
located in front of the main building if kept in proper repair with
a neat and clean appearance).
e.
Kiosks, containers, or trailers governed by this section may be utilized
only as a drop-off location. Recycled materials kiosks, containers,
or trailers, whether self-service or attended, may not process the
collected materials on-site. Used goods kiosks, containers, or trailers
may not redistribute donated materials on-site.
(ii)
Kiosks and containers.
The following provisions
are applicable to all kiosks and containers acting as collection points
for used goods or recycled materials.
a.
A kiosk or container must have a footprint not greater than one hundred
and forty square feet. Additionally, the kiosk or container must fit
within one non-required parking space.
(iii)
Maintenance and upkeep.
All kiosks, containers,
or trailers must keep and maintain the kiosk, container, or trailer
as follows:
a.
All contents in the kiosk, container, or trailer must be cleared
no less than once per week. No items, materials, litter, or debris
shall be allowed to accumulate within twenty feet of the kiosk, container,
or trailer. Any items, materials, litter, or debris left outside the
kiosk, container, or trailer shall be removed within 24 hours of discovery
or notification, whichever occurs first. If a container is damaged
or vandalized, it must be repaired or removed within five days of
discovery or notification, whichever occurs first.
b.
The visual and structural integrity of the kiosk, container, or trailer
must be maintained continuously. Missing or damaged notification signs,
peeling paint, rust, and broken collection operating mechanisms shall
be repaired within five days of discovery or notification, whichever
occurs first.
c.
All items and materials must fit into and be placed inside the kiosk,
container, or trailer. The collection or storage of any materials
outside the kiosk, container, or trailer is strictly prohibited.
d.
No kiosk, container, or trailer shall be permitted to be placed or
remain placed within 200 feet from a residential dwelling such distance
to be measured in straight lines.
(c)
Recycling/Used Goods Collection Point - Trailer.
(i)
A trailer used as a collection point must be attended during all
hours of business and collection operations unless the trailer is:
(ii)
The trailer may not be positioned upon required parking spaces.
(iii)
The trailer may not be located on the same tract of land as
a kiosk or container acting as a collection point for used goods or
recycled materials.
(d)
Decals and permits.
(i)
Permit & Decal Required.
All kiosks or containers
for the collection of used goods or recycled materials placed or located
within the City must secure a permit and affix a decal to the used
goods or recycled materials collection kiosk or container in compliance
with the provisions of this section. Obtaining the permit shall be
a condition precedent to placing or maintaining the kiosk or container.
a.
It shall be unlawful for any person that owns, leases, is in control
of, or is entitled to possession of real property within the City
to place or authorize, cause, suffer or permit any used goods collection
box to be placed on or remain on such real property without a valid
permit issued in compliance with the provisions of this subsection.
b.
It shall be unlawful for any person that owns, leases, is in control
of, or is entitled to possession of real property within the City
to place or authorize, cause, suffer or permit any kiosk or container
for the collection of used goods or recycled materials to be placed
on or remain on such real property without having a current, valid
decal issued in compliance with the provisions of this section affixed
to the used goods collection box.
(ii)
Permit and Decal Issuance.
a.
Requirements.
A permit and decal to allow a kiosk or
container for the collection of used goods or recycled materials to
be placed and used on designated real property shall be issued by
the Building Official after inspection and verification that the following
conditions are satisfied:
1.
The person, if other than a natural person, receiving the permit
and decal to place or maintain a kiosk or container is registered
to operate in the State.
2.
The real property owner provides signed, written authorization
allowing the kiosk or container on the property.
3.
The permit holder agrees to be responsible for collecting the
contents of the kiosk or container in order to prevent overflow and
littering.
4.
No more than one kiosk or container will be permitted for placement
on any one lot. In the case of a shopping center or office development
that consists of multiple platted lots, the Building Official shall
treat the shopping center or office development as if it is only one
contiguous lot.
5.
The kiosk or container will not exceed 50 square feet in size
at any vertical point.
6.
The kiosk or container will be located on a paved surface.
7.
The placement of the kiosk or container will not impede traffic
nor visually impair any motor vehicle operation.
8.
The kiosk or container will not be located in a required building
setback, buffer yard, utility, access, drainage or other public easement,
a floodplain, a driveway or fire lane.
9.
At least one stacking or parking space will be located immediately
adjacent to the kiosk or container for the persons using the kiosk
or container.
10.
The kiosk or container will not block or occupy any number of
required parking spaces.
11.
The kiosk or container will have, clearly indicated in writing
on the side of each box, that all used goods or recycled materials
left at the location must fit into and be placed entirely within the
kiosk or container. The writing shall be a minimum of two inches high.
12.
The current permit decal for the specific kiosk or container
must be affixed and displayed at all times on the outside of the kiosk
or container.
b.
Applications for Permits.
Applicants for permits under this section shall file a written application
with the Building Official. Along with the completed application the
applicant shall include:
1.
The written authorization of the property owner allowing the
used goods collection box on the property;
2.
Elevations showing the appearance, materials, and dimensions
of the used goods collection box, including the information required
in this to be placed on the used goods collection box;
3.
A maintenance plan (including graffiti removal, pick-up schedule,
and litter and trash removal on and around the used goods collection
box);
4.
The fee, if any; and
5.
A site plan containing:
i.
The location and dimensions of all parcel boundaries;
ii.
The location of all buildings on the site of the property on
which the used goods collection box is proposed to be located;
iii.
The proposed location of the used goods collection box;
iv.
The distance between the proposed used goods collection box
and parcel lines and buildings; and
v.
The location and dimensions of all existing and proposed driveways,
garages, carports, parking spaces, maneuvering aisles, pavement, and
striping/marking.
c.
Permit Non-Transferable.
Permits and decals are non-transferable.
The authority a permit confers shall be conferred only on the permit
holder named therein.
(iii)
Maintenance and upkeep.
The permit holder and
the property owner shall be jointly and severally liable and responsible
for the maintenance, upkeep, and servicing of the kiosk or container
set forth in Section 2.52(A)(8)(b)(iii), above.
(iv)
Revocation of Permit.
a.
Any permit issued hereunder may be revoked by the Building Official
if the permit holder has received two or more notices of violation
for violations of this Section or any provision of the GDC or the
Garland Code of Ordinances within a 12 month time period or has knowingly
made a false statement in the application or otherwise becomes disqualified
for the issuance of a permit under the terms of this section.
b.
Notice of the revocation shall be given to the permit holder in writing,
with the reasons for the revocation specified in the notice, served
either by personal service or certified United States mail to their
last known address. The revocation shall become effective five days
following personal service or, if mailed, ten days from the date of
mailing.
c.
The permit holder shall have ten days from the date of such revocation
in which to file notice with the Building Official of an appeal from
the order revoking the permit. The Building Official shall provide
for a hearing on the appeal not later than 15 days after notice of
the appeal is filed.
d.
The timely filing of an appeal of a revocation pursuant to this section
shall stay the revocation until the Building Official’s decision
on the appeal.
e.
If the revocation is upheld following a hearing, the permit holder
shall remove the kiosk, container, or trailer no later than five days
after the final decision.
f.
If a permit is denied or revoked by the Building Official, no second
or additional permit shall be issued to the person who held the permit,
nor to any affiliated person, within one year of the date such permit
was denied or revoked.
(v)
Location.
Used goods and recycling kiosks, containers,
and trailers are permitted only in the locations indicated in the Land Use Matrix. Used goods collection boxes are not permitted
within any other zoning districts.
(e)
Recycling Collection Centers.
(i)
Recycling collection centers must be attended during all hours of
business or collection;
(ii)
Processing of materials at a Recycling Collection Center is limited
to the indoor weighing, sorting, flattening, crushing, shredding,
bundling, and palletizing materials for shipment essentially by hand
or by machine, and does not include smelting, melting, refining, or
other conversion back to a “raw material” state;
(iii)
All of a recycling collection center’s processing operations
(such as, crushing, bundling, or palletizing) must be fully enclosed
within a building (no outside storage is allowed);
(iv)
Outside storage of a recycling collection center’s materials
is not permitted; and
(v)
Recycling collection centers must have an on-site vehicle circulation
plan. The plan must be designed and operated so that all truck and
other vehicle traffic associated with the recycling center is accommodated
on-site and does not interfere with the traffic lanes on the adjacent
street.
(f)
Recycling Salvage Yards.
Recycling salvage yards must
comply with the following provisions:
(i)
The recycling salvage yard must be attended during all hours of business
or collection;
(ii)
Processing of materials may include weighing, sorting, flattening,
crushing, shredding, bundling, and palletizing materials for shipment
by hand or by machine, and may also include smelting, melting, refining,
or other conversion back to a “raw material” state.
(iii)
All processing operations (such as, crushing, bundling, or palletizing)
must occur within a building or within an outside storage yard;
(iv)
Outside storage of materials are permitted only where provided for
in the Land Use Matrix in Article 5 of this Chapter 2 for applicable zoning district, where located behind the main building, where in compliance with the special standards in Section 2.52(A)(14)(c), and where screened from all public streets and from neighboring properties in accordance with Chapter 4, Article 3 with a fully opaque, minimum eight-foot tall masonry screening wall, as applicable (unless another form of screening is approved with the initial development application); and
(v)
Recycling salvage yards must have an on-site vehicle circulation
plan. The plan must be designed and operated so that all truck and
other vehicle traffic associated with the recycling salvage yard is
accommodated on-site and does not interfere with the traffic lanes
on the adjacent street.
(9)
Pet
Care/Play Facilities.
The outdoor play/exercise areas
of all types of Pet Care/Play facilities (including dog parks) must
be maintained in a clean, odor-free and waste-free condition, and
may not be used after 10:00 p.m. if the facility is within one thousand
feet of a residential district.
(10)
Transportation Depots.
Transportation depots must comply with the following provisions of this Subsection (10):
(a)
Locational Requirements.
A Passenger Transportation
Depot may not be located closer than five hundred feet to a single-family
or two-family residential use or a single- or two-family residential
zoning district, as measured from the depot’s property line.
(b)
Parking.
In addition to the parking requirement shown
on the Land Use Matrix in Article 5 of this Chapter 2, adequate paved parking must be provided on-site to accommodate all buses present on the site at any given time. Buses are prohibited from parking in any right-of-way, easement, fire lane, driveway, traffic circulation aisle or required parking space, or on any neighboring property. Overnight parking of passengers’ vehicles is allowed provided that each vehicle is parked on-site in a properly marked parking space and not in a street or on another property.
(c)
Idling Buses.
To reduce noise and potentially harmful
fumes, buses are prohibited from idling with the engine running for
a period longer than one-half hour.
(d)
Ticket Office and Lobby.
Passenger Transportation Depots
must have an attended passenger lobby equipped with adequate seating
to accommodate a minimum of fifty percent of the average capacity
of a standard bus, and adequate restroom facilities for travelers.
The facility must also be attended at all times when buses and trains
are scheduled to arrive and depart and must comply with all design
and development provisions set forth in this GDC unless the establishment
is a legally nonconforming use on the effective date of this GDC.
(11)
Hotels/Motels and Transient Lodging.
All types of transient lodging, including Full Service Hotels and Motels, Extended Stay Hotels and Motels, and Limited Service Hotels and Motels must comply with the following minimum required standards and regulations in this Subsection (11):
(a)
General: Hotels and Motels (other than Bed and Breakfast).
A Hotel or Motel (other than a Bed and Breakfast) must comply
with the following provisions:
(i)
All guest rooms must have access from only an interior hallway, which
is accessible from a central lobby area contained within the building,
except first floor units, which may have direct access from an interior
courtyard or swimming pool area instead of, or in addition to, hallway
access.
(ii)
A porte-cochere or covered valet area must be provided immediately
adjacent to the lobby entrance and registration desk. The porte-cochere
or covered area must be sufficient to accommodate the temporary parking
of at least two vehicles parked side-by-side for guests checking in
and out.
(iii)
All entrances and exits of any incidental business within a
Hotel or Motel must be from the inside of the principal hotel building.
(iv)
A fitness center and a pantry (small sundries shop) must be
provided.
(b)
Bed and Breakfast.
A Bed and Breakfast must comply with
the following provisions:
(i)
Accommodations/Operations.
a.
A maximum of ten guest rooms (exclusive of the living quarters of
the owner or operator) are allowed.
b.
Kitchens are prohibited in rooms (including no ovens, burners, or
full-size refrigerators). Microwaves and under-counter refrigerators
are permitted in rooms.
c.
A Bed and Breakfast may include kitchen and dining facilities to
furnish meals for guests, but may not include other uses unless permitted
by the zoning district.
d.
The maximum length of stay for guests may not exceed fourteen calendar
days.
(ii)
Building Elements.
Bed and Breakfast buildings must be designed in compliance with the requirements of the zoning district within which the building is located, as provided in Chapter 4, Article 6 of this GDC. In addition, all facades must be designed with architectural style and building materials consistent with the front facade, and a minimum of four elements from the following list must be incorporated into all Bed and Breakfast buildings (a Bed and Breakfast operating in a residential house is exempt from this Subsection):
(iii)
Parking (see Land Use Matrix in Article 5 of this Chapter 2).
a.
All overnight parking must be in designated parking spaces.
b.
Other than driveways and sidewalks, the front yard (from the
area between the front of the building and the street) may not be
paved.
c.
All parking areas on the property (except driveways) must be
behind the front, side, and rear building lines.
d.
Tandem parking is permitted.
e.
Stacked parking is permitted in driveways for a maximum of four
vehicles.
(iv)
Landscaping.
Landscaping must contribute to the
residential setting of the establishment. Benches, plantings, fountains,
and other private outdoor leisure areas should be encouraged and some
of these elements must be incorporated into the facility’s design.
(v)
Signage.
Signage is limited to six square feet, either
monument style or attached to a building or mailbox, be non-illuminated,
and display only the name and phone number of the Bed and Breakfast.
No additional outdoor advertising is allowed.
(c)
Full Service Hotel/Motel.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Full Service Hotels and Motels must comply with the following provisions:
(i)
Design Standards.
A Full-Service Hotel or Motel must
have a minimum of one hundred guest rooms.
(ii)
Interior Design Standards.
a.
Each guest room must have a minimum area of two hundred and seventy-five
square feet, including sleeping area, bathroom, and closet space.
b.
Kitchens are prohibited in guest rooms (including no ovens, burners,
or full-size refrigerators). Microwaves and under-counter refrigerators
are permitted in guest rooms.
c.
Full-Service Hotels and Motels must provide full-service facilities
and amenities including (but not limited to) an on-site full service
restaurant with table service, wait staff, seating for at least thirty
customers, and a full menu with on-site food preparation. Full-Service
Hotels and Motels must provide an indoor or outdoor swimming pool
with at least eight hundred square feet of water surface area, and
must also provide at least four thousand square feet of meeting or
conference rooms. Individual guest rooms may not be counted as meeting
rooms.
(d)
Extended Stay Hotel/Motel.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Extended Stay Hotels and Motels must comply with the following provisions:
(i)
Building Design Standards.
Extended Stay Hotels and
Motels must have one hundred or more guest rooms.
(ii)
Interior Design Standards.
a.
Each guest room must have a minimum area of three hundred square
feet, including sleeping area, kitchen, bathroom, and closet space.
b.
Kitchenettes are permitted in guest rooms.
c.
A fitness center must be provided.
d.
Extended Stay Hotels and Motels must provide an indoor or outdoor
swimming pool with a minimum eight hundred square feet of water surface
area. Extended Stay Hotels and Motels must also provide at least seven
hundred square feet of meeting or conference rooms. Individual guest
rooms may not be counted as meeting rooms.
(e)
Limited Service Hotel/Motel.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Limited Service Hotels and Motels must comply with the following provisions:
(i)
Design Standards.
A Limited Service Hotel or Motel must
have a minimum of seventy-five guest rooms.
(ii)
Interior Design Standards.
a.
Each guest room must have a minimum area of two hundred and seventy-five
square feet, including sleeping area, bathroom, and closet space.
b.
A fitness center must be provided.
c.
Kitchens are prohibited in guest rooms (including ovens, burners,
or full-size refrigerators). Microwaves and under-counter refrigerators
are permitted in guest rooms.
d.
A common leisure area must be provided for guests with at least one
thousand square feet of floor area.
e.
Limited Service Hotels and Motels must provide an indoor or outdoor
swimming pool with at least eight hundred square feet of water surface
area. Limited Service Hotels and Motels must also provide at least
seven hundred square feet of meeting or conference rooms. Individual
guest rooms may not be counted as meeting rooms.
(12)
Elder Care Living Facilities.
Elder care living facilities, of any type, must comply with the following provisions of this Subsection (12):
(a)
Elder Care - Assisted Living facilities.
(i)
Elder Care - Assisted Living facilities may provide a limited number
of support services such as meals, laundry, housekeeping, transportation,
social/recreational activities, and hairdressing, may be provided
or associated with the facility.
(ii)
Units may be attached or detached, single- or double-occupancy,
and may include limited or full kitchen facilities.
(iii)
Full-time medical or nursing care may not be provided by an
Elder Care - Assisted Living facility, but may be privately arranged
for by individual residents on a part-time or temporary basis (such
as, visiting nurses or health care attendants).
(b)
Elder Care - Continuing Care facilities.
(i)
Elder Care - Continuing Care facilities may provide support services
such as meals, laundry, housekeeping, transportation, social/recreational
activities, hairdressing.
(ii)
Units may be attached or detached, single- or double-occupancy,
and may include limited or full kitchen facilities.
(iii)
Full-time medical or nursing care may be provided by the facility.
(c)
Elder Care - Independent Living facilities.
(i)
Elder Care - Independent Living facilities may provide a limited
number of support services such as meals, laundry, housekeeping, transportation,
social/recreational activities, and hairdressing.
(ii)
Units may be attached or detached, single- or double-occupancy,
and may include limited or full kitchen facilities.
(iii)
Full-time medical or nursing care may not be provided by an
Elder Care - Independent Living facility, but may be privately arranged
for by individual residents on a part-time or temporary basis (such
as, visiting nurses or health care attendants).
(d)
Elder Care - Nursing/Convalescent Care facilities.
(i)
Elder Care - Nursing/Convalescent Care facilities may provide a limited
number of support services such as meals, laundry, housekeeping, transportation,
social/recreational activities, and hairdressing.
(ii)
Units may be attached or detached, single- or double-occupancy,
and may include limited kitchen facilities.
(iii)
Full-time medical or nursing care must be provided by an Elder
Care - Nursing/Convalescent Care facility.
(iv)
An Elder Care - Nursing/Convalescent Care facility must include
an institutional-scale hospice facility (that is, a facility that,
due to the number of residents accommodated or other licensing requirements,
operates in a facility that is not a residence).
(e)
Site Design.
(i)
Density.
a.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Assisted Living, Independent Living and Continuing Care facilities shall have a maximum density, as follows:
b.
There is no maximum density established for Nursing/ Convalescent
Care facilities, unless otherwise provided in the governing ordinance
for a PD district (if applicable).
(ii)
Building Design.
a.
Maximum Height.
The maximum height of an Elder
Care living facility is governed by the regulations of the zoning
district in which the facility is located.
(iii)
Site Facilities.
a.
Unit Size and Mix.
i.
Nursing Convalescent Care:
There is no minimum
unit size for nursing convalescent care facilities.
ii.
Assisted Living Facility:
Dwelling units of assisted
living facilities must be a minimum of two hundred square feet.
iii.
Independent Living Facility:
The average minimum
dwelling unit size for independent living facilities is six hundred
square feet. One-bedroom units must have a minimum dwelling unit size
of four hundred seventy-five square feet. Two-bedroom units must have
a minimum dwelling unit size of seven hundred twenty-five square feet.
No dwelling unit may contain more than two bedrooms.
b.
Common Areas.
Indoor common or recreational areas
must be provided at a ratio of at least one hundred square feet of
gross floor area per dwelling unit. Examples of common areas are:
common living and sitting rooms, dining rooms, libraries, game rooms,
exercise rooms, dance floors, arts and crafts rooms, music rooms,
and other age appropriate indoor recreational facilities.
(iv)
Building Placement.
a.
Buildings within an Assisted Living or an Independent Living facility
must be a minimum of twenty feet apart.
b.
No building, or any part thereof, of an Elder Care living facility
may be placed less than thirty feet from the right-of-way of any public
street.
c.
No building, or any part thereof, of an Elder Care living facility
may be placed less than:
i.
Fifteen feet from rear and side property lines (ten feet if
the setback area is landscaped and where approved by the Plan Commission).
ii.
Single-story buildings not exceeding thirty feet in height,
must be set back a minimum of fifty feet from the property line of
an abutting residential district (forty feet if the area is landscaped
with additional landscaping and where approved by the Plan Commission).
d.
All other buildings and those buildings exceeding thirty feet in
height, and that abut a residential district, must be set back from
the residential district line a minimum of 1.25 times the height of
the highest point on the building above grade.
(v)
Parking and Circulation.
a.
A minimum of fifty percent of the required parking spaces for an
independent senior living facility must be contained in either an
enclosed garage or a multi-car covered parking structure. Detached
covered parking must function unobtrusively and be compatible with
the main buildings of the facility in regard to design, style, and
color. Detached covered parking structures, if used, must be located
near the building served. A detached covered parking structure may
not accommodate more than ten parking spaces or be located closer
than twenty feet to another parking structure.
(f)
Screening and Landscaping.
(i)
A minimum of forty percent of the gross platted area of the site
of a senior living facility must be devoted to landscaping, open space
areas, pools, and similar outdoor recreational activity areas. This
requirement does not apply within the UR or UB District.
(ii)
Perimeter fencing and landscaping is required along property lines and access points to a senior living facility. Perimeter fencing must have a minimum height of six feet and be constructed of masonry or ornamental metal with masonry columns with a maximum of fifty-foot centers. Perimeter fencing is not required within the UR or UB District. Landscaping must be provided in compliance with Article 3 in Chapter 4 of this GDC, except that the fence height must be six feet (instead of five feet). Allowed fencing materials includes masonry and ornamental metal, but excludes chain-link.
(g)
Signage.
(i)
Signage for a senior living facility must comply with the regulations applicable to the Multifamily (MF) zoning district, pursuant to Article 5 in Chapter 4 of this GDC.
(ii)
Attached signs may have a maximum total sign area of one-half
times the width of the building, but no more than thirty-five square
feet. Attached signs may be located only on the building containing
the management office for the facility.
(h)
Support Services and Accessory Uses.
(i)
In addition to dwelling units for occupants of the facility, a senior
living facility may include special facilities and services for its
residents such as cafeterias, dining rooms, housekeeping services,
laundry services, transportation services, libraries, game rooms,
exercise rooms, dance floors, arts and crafts rooms, swimming pools,
greenhouses, and other recreational facilities.
(ii)
The following uses are permitted within an assisted living facility
or independent senior living facility to provide on-site goods and
services for the use and benefit of residents of the facility. The
following are intended as accessory and secondary uses only, and for
the exclusive use of facility residents, their guests, and facility
staff:
a.
Medical office;
b.
Massage therapy;
c.
Drug store/pharmacy;
d.
Optical dispensary;
e.
Limited restaurant;
f.
Retail sales/personal service;
g.
Financial institutions;
h.
Church/religious facilities; and
i.
Adult day care facility.
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The total floor area occupied by the above-listed uses may comprise
a maximum of ten percent of the total floor area contained within
the senior living facility. Signage for the above-listed accessory
uses is limited to attached signs visible from within the premises
only, with a maximum area of fifteen square feet.
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(13)
Adult Day Care Facilities.
Adult day care facilities must comply with the following provisions of this Subsection (13):
(a)
Drop-Off.
Facilities must provide a covered on-site drop-off area for clients, exclusive of fire lane(s), except when otherwise provided for where a Specific Use Provision has been granted, or through approval of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(b)
Outdoor Leisure Area.
Facilities must provide a fenced
outdoor leisure area.
(14)
Outside Display, Storage, and Retail Sales.
Outside display, storage, and retail sales must comply with the following provisions of this Subsection (14):
(a)
Seasonal Sales.
Seasonal sales must comply with the temporary commercial activity permit requirements provided in Article VIII, Chapter 30 of the City Code.
(b)
Outside Display.
Where permitted, temporary outside
display and outside storage of merchandise must:
(i)
Not be located more than five feet from the main building’s
exterior wall nor on top of any structure.
(ii)
Not occupy any required parking spaces.
(iii)
Not pose a safety or visibility hazard, nor impede public vehicular
or pedestrian circulation, either on-site or off-site.
(iv)
Not extend over five feet in height, nor into a public right-of-way,
over any public easement, or onto adjacent property.
(v)
Be displayed in a neat, orderly manner, and the display area must
be maintained in a clean, litter-free manner.
(vi)
Not be displayed for more than five days in a given calendar
month.
(c)
Outside Storage.
(i)
Where permitted, outside storage must:
a.
Not be located between the front of the building and the street,
nor on top of any structure, nor stacked higher than the building
or device that screens the stored materials, and
b.
Be screened (that is, cannot be visible from any public street or adjacent property) at a minimum height of six feet by one or a combination of the methods provided in Chapter 4, Article 3 of this GDC.
(ii)
Temporary Portable Storage Containers.
Temporary
portable storage containers:
a.
Are permitted without a permit, on a short-term basis (see Subsection
f. below) in any zoning district;
b.
May not be located in front of the main building(s), except as provided
for a residence in Subsection f. below;
c.
May not be located within any required front, side, or rear yard
setback (except as provided for a residence in Subsection f. below),
or within any fire lane, easement, or right-of-way;
d.
May not occupy any required vehicular parking (except as provided
for a residence in Subsection f. below), stacking, loading, or maneuvering
space;
e.
Must be completely screened from view of public streets (either by
a building or by a screening device), except as provided for a residence
in Subsection f. below;
f.
May not remain on-site for longer than fourteen calendar days. For
a storage unit that is needed to temporarily store or secure construction
materials at a City-permitted construction site, or to temporarily
store or secure personal residential possessions while moving, or
during house remodeling, the fourteen calendar day time period may
be extended for the duration of the construction, or the moving, or
house remodeling, provided: (i) a permit for the temporary portable
storage container is first issued by the City; (ii) the Building Permit
for the construction site remains valid (if applicable); and (iii)
that the temporary storage unit is immediately removed from the premises
upon completion of construction, moving, or house remodeling, as applicable;
g.
Are limited to the placement of a maximum of two temporary portable
storage containers on a single lot, tract, or parcel (unless the temporary
storage units are needed for a City-permitted construction site, in
which case the Building Official may approve and permit more than
two units;
h.
May not exceed twenty feet in length, eight feet in width, or eight
feet in height (a container of larger size in one or more of these
dimensions is defined as a “shipping container”);
i.
May not be illuminated in any way;
j.
May not be used for any use other than the storage of personal materials
or goods (that is, no business or commercial operations except as
provided for under this Subsection); and
k.
Are limited to the placement of a maximum of one temporary portable
storage container for a single- or two-family residence, on a short-term
basis only in compliance with Subsection f. above, during home construction,
moving, or house remodeling. A temporary storage unit may be placed
in the driveway of a residence (with no screening required) and within
the front, side, or rear setback (as applicable to driveway location),
but may not encroach into any fire lane, easement, adjacent property,
or right-of-way.
(15)
Shipping Containers.
Shipping containers must comply with the following provisions of this Subsection (15):
(a)
Shipping containers may not be used or stored within one hundred
feet of a residential zoning district (except for a nonresidential
use only, such as a school, day care, or church, in a residential
district, on a short-term basis, and subject to the requirements of
Section 2.52(A)(14)(c)(ii)(d, j and k), unless expressly permitted
below); and
(b)
The dimensions of a shipping container may not exceed any of the
following dimensions: forty linear feet in length, nine linear feet
in width, or nine linear feet in height.
(c)
Shipping containers may be used for the temporary storage of goods
to be sold at retail only where a permit has been issued under the
provisions of this Section authorizing that use. A permit may not
be issued for a refrigerated, open top, “flat rack” or
bulk liquid, or other container that is not fully enclosed on six
sides.
(d)
The Building Official may issue a permit authorizing the use of a
shipping container for the temporary storage of goods to be sold at
a retail establishment subject to the following requirements:
(i)
A shipping container may not be located:
a.
nearer to a street than the front of the building to which the shipping
container is an accessory;
b.
adjacent to a street designated as a major thoroughfare by the Major Thoroughfare Plan;
c.
within fifty feet of the property line of an adjacent property; or
d.
nearer than ten feet to the building to which the shipping container
is an accessory.
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Permitted shipping container must comply with all setback regulations
of the zoning district in which the shipping container is located.
In the event of a conflict between the setback specified by the zoning
ordinance and a setback specified by this Section, the more restrictive
shall apply.
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(ii)
A shipping container must be screened from the view of an adjacent
street or residential property by one of the following: (i) a solid
fence, a minimum of six feet in height; (ii) a living screen of evergreen
shrubs, a minimum of six feet in height.
(iii)
The total area of shipping containers authorized under a permit
may not exceed ten percent of the area of the building to which the
shipping containers are an accessory. No more than fifteen shipping
containers are permitted. Shipping containers may not be stacked.
(e)
No more than one permit may be issued to an applicant in any calendar
year for the same site. A permit expires after ninety calendar days.
The applicant for a permit under this Section must submit the following
information along with the application for a permit:
(i)
The area of the building (in square feet) to which the shipping container
is an accessory;
(ii)
A site plan depicting the proposed location(s) of the shipping
container(s), the setback and other distances as specified by Subsection
(d) of this Section, the location and type of screening to be used,
and the number and dimensions of the shipping container(s); and
(iii)
The proposed date for the commencement of the permit period
and the date of expiration of the most recent permit, if any, issued
to the applicant under this Section.
(16)
Self-Storage Facilities.
Self-Storage Facilities must comply with the following provisions of this Subsection (16):
(a)
Security.
Self-Storage Facilities must have either management
personnel living on the premises at all times or continuous video
surveillance of all indoor and outdoor common areas of the premises,
a minimum eight-foot tall perimeter security fencing (except as allowed
in Subsection (b) below), and controlled access gates. All required
electronic security features must be present and operational at all
times and have the capability of storing images for a minimum of 14
days.
(b)
Side and Rear Yard Setbacks.
The applicable setbacks for the zoning district in which a Self-Storage Facility is located apply except that exterior solid walls of storage unit buildings may: (i) serve as the required perimeter screening (per Article 3 of Chapter 4 of this GDC); (ii) encroach into side and rear yard setbacks; and (iii) may be placed on the property line(s) provided that:
(i)
the exterior walls comply with the Building Code with respect to
distance from adjacent structures and property lines;
(ii)
no roof overhangs or encroaches upon an adjacent property;
(iii)
no signage is placed on exterior walls;
(iv)
spaces between buildings where no driveway exists are fenced
with ornamental iron fencing with evergreen shrubs; and
(v)
property line(s) are not adjacent to a residential zoning district.
(c)
Special Vehicle, Recreational Vehicle and Boat Storage.
Storage of special vehicles, recreational vehicles, or boats: (i)
must be in a designated area; (ii) may not occupy any required parking
spaces; and (iii) are only allowed with approval of an SUP and accompanying
Site Plan.
(17)
Landscape Nursery/Tree Farm.
A commercial Landscape Nursery/Tree Farm may use compacted and stabilized road-base gravel or asphalt for all drive aisles in the plant-growing and display areas of the site if a request for alternative compliance is submitted, and subsequently approved, in accordance with Article 1, Division 2 in Chapter 4 of this GDC. The main entry drive aisle, all customer parking areas at the sales center or retail building, and all required fire lanes must be paved in accordance with the City’s paving standards.
(18)
Bulk Materials Sales and Storage.
Bulk Materials Sales
and Storage must meet all standards of outside storage as provided
in Section 2.52(A)14.
(19)
Temporary Building/Office.
(20)
Reception Facility, Large Scale.
A reception facility, large scale must comply with the following provisions of this Subsection (20):
(a)
Time Period.
An SUP for a reception facility is valid
for the time period specified in the SUP ordinance.
(b)
Security.
The reception facility must provide security
at every event where alcoholic beverages are provided or served, and
also for any events occurring after 6:00 p.m. Security must be by
a qualified person(s) who is authorized to provide private security
under Chapter 1702 of the Texas Occupations Code.
(c)
Loitering, Outside Activities.
Prolonged congregating
or loitering of event attendees or participants outside the reception
facility is prohibited. Outside activities, if any, must be in compliance
with the City’s noise regulations as set forth in the City Code.
(d)
Noise Mitigation.
The applicant must add noise mitigation
materials to the existing building if determined necessary by the
City to protect surrounding properties and the public health, safety,
and welfare.
(e)
Litter & Debris.
Any litter or debris left on the
premises must be removed immediately following the event. The owner
of the facility is responsible for removal of all litter and debris.
(f)
Location.
Reception Facilities may not be located within
five hundred feet of the property line of any dwelling unit or residential
subdivision, elder care facility, or other Reception Facilities. The
measurement of the distance between the establishment and a dwelling
unit, elder care facility, or other Reception Facility shall be:
(i)
for residential property, along a direct line from any exterior wall
of the Reception Facility to the nearest point on the property line
of the nearest residential zoned property;
(ii)
for an MF dwelling not located on the same tract of land as
the Reception Facility, along a direct line from any exterior wall
of the Reception Facility to the nearest point on the property line
of the tract on which the MF dwelling is located;
(iii)
for an elder care facility or other Reception Facility not located
on the same tract of land as the establishment, along a direct line
from the nearest exterior wall of the Reception Facility to the nearest
exterior wall of the elder care facility or other Reception Facility;
or
(iv)
for an elder care facility or other Reception Facility located
on the same tract of land or in a commercial or retail center sharing
a common parking area, the measurement shall be along a straight line
from the midpoint of the nearest exterior door of the Reception Facility
to the midpoint of the nearest exterior wall of the dwelling unit,
elder care facility, or other Reception Facility in question.
(g)
For reception facilities located within a building containing other
tenants, the measurement shall be from the nearest outer wall of the
Reception Facility’s leasehold space.
(h)
A Reception Facility may not be located on the same tract as any
multifamily dwelling or elder care facility.
(i)
The specific requirements listed in this subsection do not apply
to a Reception Facility, Small Scale.
(21)
Gas or Petroleum Drilling or Pipeline.
Any gas- or petroleum-related
use or activity must comply with all state and federal guidelines
(including, but not limited to, drilling, pipelines and conveyance
methods). The applicant must also submit a technical opinion and report
prepared by a qualified licensed engineer. The report must accurately
describe and analyze the property intended for the proposed gas- or
petroleum-related use or activity, and provide an analysis addressing
the appropriateness of the location of the proposed activity, which
must include safety procedures and safeguards that will be utilized
to adequately protect the public health, safety and welfare. The applicant
must also submit drilling and construction design standards based
on the technical report and current best practices in the region.
In no case may a gas- or petroleum-related use or facility be within
one thousand, five hundred feet of any existing residential use or
a residential zoning district.
(22)
Vending Machine, Exterior.
Vending machines that are
located outside of the main building must:
(a)
Be placed in a well-lighted location that is within five feet of
the outside wall of the main building, and is also within twenty feet
of the main entrance to the building;
(b)
Be placed on a sidewalk that has sufficient width so that at least
four feet of the sidewalk’s width remains unobstructed; and
(c)
Not exceed two vending machines per premises.
(23)
Building/Garden Materials Sales and Storage.
A Building/Garden Materials Sales and Storage establishment must comply with the following provisions of this Subsection (23):
(a)
The outside display and storage of new or unused materials for sale is allowed up to a maximum of fifty percent of the total enclosed building square footage, provided that the outside display and storage is screened in accordance with Section 2.52(A)(14) in this Chapter 2, and with Section 4.43 in Chapter 4 of this GDC, as applicable.
(24)
Contractor’s Office/Storage Yard.
A Contractor’s Office/Storage Yard must comply with the following provisions of this Subsection (24):
(a)
The outside display and storage of usable materials normally associated with the business (not unrelated scrap, junk, or trash) is allowed up to fifty percent of the total enclosed building square footage, provided that the outside display and storage is screened in accordance with Section 2.52(A)(14) in this Chapter 2, and with Section 4.43 in Chapter 4 of this GDC, as applicable.
(25)
Contractor’s Office/Warehouse.
Outside display
or storage is a prohibited use for a Contractor’s Office/Warehouse.
(26)
Batching Plant.
A Batching Plant may sell concrete or
asphalt produced on the premises on contract in bulk or by the truck
load as a secondary use. The outside storage of materials is included
as an allowed use of a Batching Plant.
(27)
Equipment Leasing/Rental, Outdoor.
An Equipment Leasing/Rental establishment must comply with the following provisions of this Subsection (27):
(a)
The outside display and storage of usable materials normally associated with the rental business (not unrelated scrap, junk, or trash) is allowed up to fifty percent of the total enclosed building square footage, provided that the outside display and storage is screened in accordance with Section 2.52(A)(14) in this Chapter 2, and with Section 4.43 in Chapter 4 of this GDC, as applicable.
(28)
Commercial Blood, Plasma, Tissue, and Cell Collection Center.
A Commercial Blood, Plasma, Tissue, and Cell Collection Center
may not operate within:
(29)
Church, or Place of Worship.
Any religious accessory
activities and services (including, but not limited to, meal service,
charitable food and goods distribution, recreational and entertainment
functions, retail sales, and residential quarters) must be oriented
toward the primary nonprofit mission of the establishment and may
not be for profit. Residential uses are limited to a rectory or parsonage
residence for ministers, priests, nuns, or rabbis on the premises,
which may not be sold or rented out to any entity who is not directly
employed by the establishment, and that are allowed as an accessory
use or structure on the same premises. Bible study and other similar
activities which occur in a person’s primary residence do not
fall under the definition of Church or Place of Worship.
(30)
Distribution Centers, Large and Small.
With the exception
of parking areas, loading docks and outside scales (if provided),
all large or small distribution center activities must take place
entirely within an enclosed building. Outside display or outside storage
is prohibited, unless such is allowed (by right or by SUP) and approved
in the zoning district wherein the business is located.
(31)
Industrial or Manufacturing, Heavy and Light.
Heavy
or light Industrial or manufacturing uses must conduct all activities,
except the loading or unloading of material, within a fully enclosed
building. Heavy or light Industrial or manufacturing uses may not
process or store consumable products (see definitions for Food Processing and Storage and Animal Feed Processing
and Storage in Chapter 6 of this GDC), or of any type of leather or allied products (see definition for Leather and
Allied Products Manufacturing in Chapter 6 of this GDC). Light industrial or manufacturing uses may not emit dust, odor, smoke, gas, fumes, or vibrations beyond the property’s boundary, nor produce noise above the ambient noise level of the surrounding area or is in violation of other code, law or ordinance
(32)
Flea Market, Indoor and Outdoor.
Flea Markets, whether
indoor or outdoor, may sell merchandise such as new and used household
goods, personal effects, tools, artwork, plants, pets, furniture,
and similar items in small quantities. However, Flea Markets, whether
indoor or outdoor, are prohibited from selling any car, truck, recreational
vehicle, boat, trailer, truck, motorcycle, all-terrain vehicle, personal
watercraft, or other automotive or motorized vehicle. Individual vendors
of Flea Markets are not required to obtain a Certificate of Occupancy
for the space they are renting.
(33)
Indoor Shopping Mall.
Each retail use in an Indoor Shopping
Mall must be a use that is allowed by right, or that may be allowed
by SUP, in the zoning district where an Indoor Shopping Mall is located.
Each retail vendor in an Indoor Shopping Mall is required to obtain
a Certificate of Occupancy for the space they are renting, but is
not required to have separate utilities (such as, water or electricity).
On-site parking for each vendor of an Indoor Shopping Mall is calculated
by each type of operation (such as, regular retail, restaurant, and
personal service).
(34)
Recreational Vehicle (RV) Park.
A Recreational Vehicle Park must comply with the following provisions of this Subsection (34):
(a)
Planned Development (PD) District Required.
An RV Park
is allowed only within a PD district. The approval of a Concept Plan
is required.
(b)
Thoroughfare Access.
Primary access must be provided
from a Type D (four-lane, divided) thoroughfare or larger, as designated
on the Major Thoroughfare Plan.
(c)
Development Regulations.
An RV Park must comply with
the requirements of the zoning district within which it is located
and to all applicable requirements of this GDC, including the following
development regulations: Where there is a conflict between the GDC
and these regulations, the following regulations shall control:
(ii)
Setbacks.
Minimum yard setbacks for structures
and RV pads from public streets (does not apply to internal private
drives) are as follows:
(iii)
Perimeter Fencing.
Perimeter fencing must be provided
along all property lines and access points to an RV Park.
a.
Perimeter fencing must have a minimum height of six feet and
be constructed of masonry or ornamental iron, with masonry columns
on maximum fifty-foot centers.
(v)
Open Space.
A minimum of ten percent of the gross platted
area of the RV Park must be devoted to open space, landscaping, outdoor
recreation activity areas, or combination thereof.
(vi)
Paving, Access and Off-Street Parking.
a.
One vehicle parking space must be provided on each RV site. Additional parking must be provided to serve guests, residents, customers, and employees at a minimum rate of one space for each eight RV pads, to be placed in parking lots located in convenient proximity to RV sites and Park amenities. All parking spaces must comply with the requirements of Article 2, Chapter 4 of this GDC.
b.
Boats, cargo or utility trailers, and commercial trucks may not be
stored in an RV Park, except that they may be parked for a period
not longer than thirty days if they are operated by a current occupant
of the RV Park.
c.
All parking spaces, RV pads, streets, access drives and driveways
must be concrete, and be designed and constructed in accordance with
the City’s Technical Standards.
(vii)
Signage.
a.
One freestanding pole or monument sign is permitted at the main entrance to an RV Park where in compliance with the requirements of Article 5, Chapter 4 of this GDC.
b.
Except for directional signs permitted by the GDC, and except
for Subsection vii.a. above, freestanding signs are prohibited within
an RV Park. Signs identifying buildings and accessory uses may be
attached signs only.
(d)
Rental Period.
RV sites may only be rented to the same
occupant for a maximum of one hundred and eighty consecutive days.
(e)
Accessory Uses and Amenities.
(i)
All permitted accessory uses and amenities may be used only by RV
Park residents and their guests, and may not be intended for use by
the general public.
(ii)
The following uses are permitted as accessory uses to an RV
Park:
(iii)
Recreational Vehicle/Trailer Sales, Leasing & Repair, and Truck/Bus Storage, as defined by Chapter 6 of this GDC are not permitted uses. This does not, however, prohibit an individual RV owner from placing a “for sale” sign on their own vehicle.
(v)
Accessory uses and amenities may not operate within RVs.
(vi)
RV Parks must contain sufficient designated area(s) to provide
adequate shelter from storms for the occupants of the Park.
(35)
Breweries, Wineries, and Distilleries.
Breweries, wineries,
and distilleries are subject to all requirements applicable to the
zoning district in which any such use may be located, including all
applicable screening and loading requirements.
(a)
Manufacturing and production activities must be conducted wholly
indoors. An outdoor seating area may be provided for samplings and
tasting, if otherwise allowed under the Texas Alcoholic Beverage Code,
or as a food service area if the facility is operated as a restaurant
as defined in this GDC and under this section.
(b)
The facility may not emit dust, odor, smoke, gas, fumes, or vibrations
beyond the boundary line of the premises on which the facility is
located and shall comply with the noise limits contained in the Code
of Ordinances.
(c)
Outdoor storage of materials or products is prohibited except in
the Industrial (IN) District or when allowed under the terms of a
specific use provision.
(d)
A facility may provide food service and, if so, shall be considered
and may operate under this GDC as a restaurant if the facility derives
thirty-five percent or more of its gross revenues from food sales
so long as the facility otherwise complies with the provisions of
this section. Drive-through food service is not allowed at a brewery,
winery or distillery operating under the provisions of this section.
(e)
The regulations on alcoholic beverages, including distance limitations,
contained in this GDC apply to breweries, wineries, and distilleries.
The on-premises consumption of alcoholic beverages is allowed if so
allowed under the Texas Alcoholic Beverage Code and the person operating
the facility holds a valid, current license or permit from the Texas
Alcoholic Beverage Commission.
(36)
Makerspace (Hackerspace).
Makerspace (Hackerspace) facilities must comply with the following provisions of this Subsection (35):
(37)
Mobile Food Truck Park.
A Mobile food truck park must
comply with the following standards and conditions, unless otherwise
expressly provided for in the SUP:
(a)
A Mobile food truck park may only operate with a valid SUP.
(b)
The owner or lessee of the real property on which the park operates
must obtain a certificate of occupancy for a Mobile food truck park
land use.
(d)
A Mobile food truck park’s hours of operation are limited to
the following schedule:
(i)
Mobile food truck parks located within 150 feet of residential-zoned
property (measured in a direct line from property line to property
line and directly across intersections) may not operate between the
hours of 11:00 p.m. and 6:00 a.m., beginning Sunday evening through
Friday morning.
(ii)
Mobile food truck parks not located within 150 feet of residential-zoned
property (measured in a direct line from property line to property
line and directly across intersections) may not operate between the
hours of 1:00 a.m. and 6:00 a.m., Saturday and Sunday morning.
(iii)
Work related to the cleaning and maintenance of the Mobile food
truck park may occur at any time.
(Ordinance 6773 adopted 5/19/15; Ordinance 6925 adopted 7/18/17; Ordinance
6979, sec. 2, adopted 4/17/18; Ordinance 7079, sec. 28, adopted 8/20/19; Ordinance 7104, sec. 3, adopted 11/5/19; Ordinance 7107, sec. 27, adopted 12/3/19; Ordinance 7138, sec. 1, adopted 4/7/20; Ordinance 7176, sec. 2, adopted 9/15/20; Ordinance 7352 adopted 8/16/22; Ordinance 7378 adopted 10/18/2022; Ordinance
7405 adopted 2/21/2023; Ordinance 7497 adopted 1/9/2023; Ordinance 7495 adopted 1/9/2024; Ordinance 7524 adopted 4/16/2024)
