ARTICLE 14.10 USE CHART

A home occupation shall be permitted in the zoning districts as indicated in the use chart and only when it is an accessory use to a detached single-family dwelling unit.

No external evidence of the home occupation shall be detectable at any lot line, including advertising, signs, smoke, dust, noise, fumes, glare, vibration or electrical disturbance beyond the property line.

A home occupation shall be conducted wholly within the main building, and not in any accessory building. The total floor area to be used for a home occupation shall not exceed 20 percent of the total floor area of the main building, including garages. Notwithstanding the above, instructional classes may be held outside of the main building, providing a maximum of six students may be allowed in each session and other stipulations of this section are met.

Only one employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation shall be considered an employee for the purposes of this section, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business.

No exterior storage of materials, goods, supplies, vehicles or equipment shall be allowed.

(F)

A home occupation shall not involve more than four patrons on the premises at one time.

(G)

Any outdoor activities associated with a home occupation shall be screened from the neighboring property and public rights-of-way by a solid fence of at least six feet in height.

(H)

A home occupation may include the sale of products on the premises, provided that compliance is maintained with all other conditions specified in this section.

(I)

A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive or other hazardous materials shall be used or stored on the site for business purposes.

(J)

No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must 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.

(K)

Uses prohibited as a home occupation shall include the physical or medical treatment of persons or animals, beauty shops, rooming/boarding houses, restaurants, mortuary or funeral homes, dance studios, carpenter shops, electrical shops, massage establishments, plumber shops, heating and air conditioning shops, radio shops, auto repairing or painting, furniture repairing, sign painting or similar activities.

[3]

Model homes.

A model home is permitted for a period of 12 months following the issuance of a certificate of occupancy. The garage may be converted to a sales office during that time, but shall be converted back to a garage at the time that the home is transferred to the residential homeowner for occupancy.

[4]

Offices, any type.

None are permitted except an incidental office for management of the manufactured home park.

[5]

Outdoor storage.

The storing of business property may be permitted in the side and rear yard of a lot so long as it is fully screened from adjacent properties and not visible for any street right-of-way.

[6]

Portable storage containers.

May be allowed on lots that have an active building permit, subject to approval from the director of development services.

[7]

Dwelling, multifamily.

Multifamily units are permitted with a specific use permit in a C-1 District subject to the following conditions:

The purpose of these conditions is to allow for vertical mixed-use in an urban setting. These conditions would allow commercial or retail on the first floor with

Residential units shall not be allowed on the first floor of any building in a C-1 District.

Residential units shall conform to all adopted building codes.

There is no minimum number of residential units to be considered multifamily with a specific use permit in a C-1 District.

Parking shall be provided subject to the multifamily requirements in section 14.04.003.

[8]

Dwelling, single-family for rent (build-to-rent).

A single-family for rent dwelling (build-to-rent) unit is permitted in a MF-15 (multifamily residential) district with a specific use permit, subject to the following conditions:

Density shall not exceed ten (10) dwelling units per net acre;

Each single-family dwelling unit shall have one (1) enclosed garage parking space attached to the unit;

Required parking is the same as the multifamily dwelling parking regulations set forth in section 14.04.003(e)(1);

All developments shall provide usable open space which equals or exceeds ten (10) percent of the gross platted area, excluding rights-of-way for major thoroughfares; and

All developments shall be commonly managed and maintained by a management company with an on-site and staffed office with standard business hours of at least 9:00 a.m.–5:00 p.m., Monday–Friday.

[9]

Automobile service station.

An automobile service station is allowed in a C-N with a specific use permit or permitted in a C-1 (retail business) district provided that the fuel pump system, including the fuel pumps, fuel tanks and fuel exhaust are prohibited within 300 feet of the property line of a single-family zoned property. The measurement of the distance shall be in a direct line from the property line of the single-family zoned property to the fuel pump or fuel tank, and in a direct line across intersections.

[10]

Smoking lounges and smoke shops.

Smoking lounges and smoke shops are permitted with a specific use permit in a C-1 (retail business) district or C-2 (general commercial) district, subject to the following conditions:

Shall not be located within 300 feet of a single-family zoned property, church, public hospital or child-care facility;

Shall not be located within 1,000 feet of a public or private school;

Shall not be located within 1,000 feet of another smoking lounge or smoke shop that is in current operation;

The measurement of the distances of the subsections (A)–(C) above shall be in a direct line from the property line of the applicable use to the property line of the smoking lounge or smoke shop, and in a direct line across intersections; and

The city council may grant exceptions to subsections (A)–(C) above if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant, does not serve its intended purpose, is not effective or necessary, or for any other reason the council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

[11]

Concrete batching plant, temporary.

A temporary concrete batching plant may be allowed during the construction of a development project based on the following conditions:

A Temporary Use Permit approved by the Planning and Zoning Commission is required if the temporary concrete batching plant is intended to be mobilized or located on property for greater than 60 days or if included as part of a Planned Development that is 200 acres or greater in total area, for greater than one year.

A building permit and site plan is required.

Temporary batching plants shall not be located within 300 feet of a single-family zoned property or private or public school. The measurement of the distance in this subsection shall be in a direct line from the property line of the uses specified above to the closest edge of the plant yard, as shown on the required site plan, and in a direct line across intersections.

The temporary concrete batching plant shall be located only on the development site for which the temporary batching plant is providing concrete, and the temporary batching plant shall provide concrete only for the development site on which it is situated.

The applicant shall provide evidence the proposed temporary batching plant has obtained a valid Concrete Batch Plant Permit from the Texas Commission on Environmental Quality for the period in which the proposed temporary batching plant is intended to operate.

(F)

The Planning and Zoning Commission may grant exceptions to subsection (C) above if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant, does not serve its intended purpose, is not effective or necessary, or for any other reason the Planning and Zoning Commission, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

[12]

Donation box.

Donation boxes are permitted as a secondary use to a commercial primary use on the property.

No more than one (1) donation box may 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 Director of Development Services shall treat the shopping center or office development as if it is only one contiguous lot. In the case of a shopping center or office development, the Director of Development Services shall permit a single additional donation box, provided that neither box is within fifty (50) feet of the other, unless both donation boxes are operated by the same person.

The placement and size of donation boxes shall comply with the following:

(i)

Donation boxes shall not be located in a designated parking or loading space.

(ii)

Donation boxes shall conform to all applicable building setbacks on the property.

(iii)

Donation boxes shall be located so as to facilitate pickup of donated items by the operator or collection agency.

(iv)

Donation boxes shall be located within twenty-five (25) feet of the front façade of a building. For the purposes of this subsection, a front facade of a building shall mean the primary entrance point for the public. Donation boxes shall not be located in the rear of any building which is not a pad site (defined as a nonresidential building of 6,000 square feet or less).

(v)

Donation boxes may be located in the rear of pad sites (defined as a non-residential building of 6,000 square feet or less) provided that they meet the other locational criteria.

(vi)

Donation boxes shall be located a minimum distance of twenty-five (25) feet away from the intersection of two (2) or more fire lanes and/or drive aisles, with the distance measured from the intersecting center lines of the fire lanes and/or drive aisles.

(vii)

The maximum dimensions of a donation box shall be twelve (12) feet in width, twelve (12) feet in depth and seven (7) feet in height.

(viii)

Donation boxes shall not be located within in any required landscape buffers.

(ix)

Donation boxes shall not be located in any designated open space areas.

Approval process for donation boxes.

(i)

The placement of donation boxes must be approved as part of a site plan approved by the Director of Development Services.

(ii)

The property owner shall sign and notarize the development application for the site plan authorizing the placement of the donation box on the property.

(iii)

A decal to allow a donation box to be placed and used at a designated location shall be issued by Development Services at the time of the approval of the site plan. The decal shall be placed on the donation box in a visible location to identify the donation box as an allowed use on the property. In addition to the decal, each donation box shall clearly indicate in writing the name and contact information of the operator of the box on the front side of the box. The size of lettering for the notice shall not be less than one-half inch in height.

(iv)

The operator of the donation box shall serve as the applicant on the development application. A separate application is required for each donation box operator for each site. If the donation box operator changes, the new operator must submit a new site plan prior to the change in operation.

(v)

The site plan shall detail a service plan for each donation box. The operator of each donation box shall be responsible for collecting the contents of the donation box to prevent overflow and littering and shall pick up all donated items at least once per week. The service plan shall include information regarding how many times a week donated items will be collected, the time of day the items will be collected, a vehicular circulation plan and a graffiti and litter abatement plan.