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Ordinance 2006-04 ORDINANCE NO. 2006-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE DEVELOPMENT REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL DISTRICTS OF WYLIE'S COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP, NO. 2001-48, PASSED AND APPROVED ON THE 13TH DAY OF NOVEMBER 2001, TOGETHER WITH ALL AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie Texas ("Wylie") to amend Article 5 (Use Regulations) of Wylie's Comprehensive Zoning Ordinance as amended, and to amend certain areas of the Comprehensive Zoning Map correspondingly; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance and Comprehensive Zoning Map No. 2001-48, together with all amendments thereto as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That revised Article 5 Uses Regulations of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, are incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. That the Comprehensive Zoning Map of the City of Wylie, Texas, as amended herein is hereby adopted and incorporated as part of this Ordinance. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Ordinance No. 2006-04 Revisions to the Use Regulations in Article 5 of the Zoning Ordinance SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance. or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 24th day of January, 2006. - -:.. t ; .;:' ~ "<l",__ (",v'~' ",. ~ .'.""_",, ,\>,:.J ,...... "/// r-L i C "\1::.'1'.' \,,' /" . L \.\\\ /11111111"" Date of publication in The Wvlie News - February L 2006. Ordinance No. 2006-04 Revisions to the Use Regulations in Article 5 of the Zoning Ordinance ",. Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS......................................................................................... 83;J8.l. SECTI ON 5.2 LISTED USES ...................................................................................................... 97f}:!. A. Agricultural & Animal-Related Uses........................................................................ 979+ B. Residential & Lodging Uses............................................. ........................................ 9999- C. Institutional & Community Service Uses.............................................................. 106-W6 D. Office Uses. ............................................ ........................................... ................. 111-l-l-l- E. Recreational, Entertainment & Amusement Uses .................................................. 113-l-H F. Retail, Personal Service & Commercial Uses .......................................................116-l-l-6 G. Utility, Transportation & Public Service Uses ...................................................... 127H-1 H. Industrial & Manufacturing Uses.................................. ....................................... 136-lJ6 1. Wholesale, Distribution & Storage Uses .............................................................. 139H-9 1. Accessory Uses............. ........................................................................... -l4;; 14314 314 2 K. Temporary Uses ............................... ................................................................... 148+4& SECTION 5.3 ACCESSORY USES AND STRUCTURES..................................................... 152M2 SECTION 5.4 SPECIAL USE PERMITS................................................................................153!S;l A. Purpose.................. ........................ .......... .......................... ........ .... ..................... 153.J.g B. Special Use Permit Required.................. .......................................... .................... 153.J.g C. Application.......... ............. ................... ............................................... ................. 153.J.g D. Review by the Commission and the Council......................................................... 153.J.g E. Review Criteria ................................................................................. .................. 153.J.g F. Additional Conditions ............................ ............... ........... .................................... 153.J.g G. Effect of Special Use Permit. .... ........................................................................... 154+.)4 H. Zoning Map............. .......... ............ .................................................... ................. 154+.)4 SECTION 5.5 TEMPORARY USES ....................................................................................... 154lM A. Purpose................................ ............... ............................ .................................... 154+.)4 B. Temporary Use Defined.................................................................... ................... 154+.)4 C. Application.......................................................................................................... 154+.)4 D. Review and Action by the Director...................................... ................................. 155155 E. Review Criteria .............. ....... .... .... ...... ...... ... ... ..... ..... ...... .................. .... .... .... ...... 155~ F. Additional Conditions........................................................................ .............. .... 156#6 G. Appeals....................................... .................................... .................................... 156#6 Adopted 11/2001 Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS TABLE OF CONTENTS Page i .Jf" Zoning Ordinance SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES................................. 156t-M A. Unlisted Uses............ ................................................. ............................ ............. 156#6 B. Appeals....................................................................................................... ........ 156#6 C. Conditions........................... ................................................................................ 156#6 D. Authorization of New Uses..... ................................ ............................................. 156#6 Page ii ARTICLE 5 - USE REGULATIONS TABLE OF CONTENTS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 .Jt" Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.1 LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. FIGURE 5~1 INTERPRETATION OF LAND USE CHARTS "P" The use is permitted as a principal use in that zoning district by right. Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses, Additional Provisions. "P*" The use is permitted, however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses, Additional Provisions. "S" The use is permitted in that zoning district only after first obtaining a Special Use Permit (SUP) as set forth in 5.4 Special Use Permits. "T" The use is permitted in that zoning district only after first obtaining a Temporary Use Permit (TUP) as set forth in Section 5.5 Temporary Uses. A blank square means that the use is not allowed in that zoning district as a rinci al use. Adopted November 2001 Amended september 2003 ARTICLE 5 - USE REGULATIONS 3 ,.,. Zoning Ordinance ABBREWATE I DlS1~nON AG/28 SF-IA/30 SF-20126 SF-I 0124 TII MF MH NS CR CC LI III PD FP DTII FIGURE 5-2 DISTRICT ABBREVIATIONS ZONING DISTRICT NAME Residential Districts Townhouse District Multifamil District Manufactured Home District Commercial Districts Downtown Historic District Page 4 ARTICLE 5 - USE REGULATIONS ~ Zoning Ordinance Adopted November 2001 AnwndedSqn~~2003 ARTICLE 5 - USE REGULATIONS 5 ~ c.J ; = :.a ... o 011 = .... = o N fI) iii ... II C t- III fI) ::) ~ Z C ... 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'- ::J c:: ~ " "'''Cl 'iii &..r. &.,; &. 0 8- =Ul iil 8 ~ E ~ Q, !'! ;;, a;~ ;:J 1:1 'I:: III E~ E E E e,g ~~ .r. t!m Gl 0 t! t! Gl C 0 0 CI) 1-0 I- 1-0 0:1: EE Jl ('oj M "" to cO r-.: a:i oj ("j ... "0... :e "00) mo... < .J::(I) :t::rn l- ll. .... .... .... ~=> "0 - 0) ,!!! t:o ,- 0) Ee.. ...rn (I) " ll. .... .... .... 9irn .. 0... "0 0) ~ E ll. .... .... .... ... (I) 0... " 0... ll. .... .... .... Q,l y ; = :a "'" o OIl = .S o N r-- 0) Ol Cl III a. ~ :5 CO '" = .s - all '" :;1:: le ~ ~ '" '" ;l;l 1"0 Vl = ~:3 OJ t < C')- o o N d> o .....-~ 00 0(\1 ~I .....0 .......... -g 1.0- Q.8 0(\1 "c' <(0 ,.,. Zoning Ordinance SECTION 5.2 LISTEn USES A. Agricultural & Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets outside, or where grooming, breeding, boarding, training or selling of animals is conducted as a business. This use does not include Animal Clinics or Hospitals. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: None e. Additional Provisions: None 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets, or where grooming, breeding, boarding, training in conjunction with selling of animals is conducted as a business, and where all activities are conducted indoors. This use does not include Animal Clinics or Hospitals. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: None e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching, dairy farming, fish farming, and the raising of poultry and swine. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: A minimum of 2 parking spaces shall be provided. Additional required parking shall be determined during site plan review based on: ( 1 ) the operating characteristics of the use (2) the anticipated number of employees; and (3) experience with other similar uses. d. Required Loading: None e. Additional Provisions: AU permitted districts: Adopted 11/200 1, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 97 :It" Zoning Ordinance (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. (3) The area used for large animals shall comply with the land/animal ratio requirements of the City of Wylie Health Code. (4) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (5) The area used for the production of large animals, which includes but are not limited to pigs, cows, sheep, goats, and horses, shall not be located closer than one-half of a mile to any residential zoning district, and one-quarter of a mile to any commercial zoning district. (6) Structures may be erected for a private stable, pen, barn, shed or silo for raising, treating, and storing products raised on the premises. A dwelling unit is also permitted. 4. Commercial Greenhouse or Nursery a. Definition: Commercial greenhouse & nursery means a facility for the cultivation of plants within a protected environment on a commercial basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) One space for each 5,000 square feet ofland area with a minimum of 2 spaces required; and (2) One parking space for each 200 square feet of floor area devoted to retail sales. d. Required Loading: None e. Additional Provisions: AG District: Limited retail sales are permitted on-site subject to the following conditions: (1) Retail sales are permitted at all times as part of the commercial greenhouse and nursery use when the retail sales do not exceed 10 percent of the total greenhouse floor area. (2) Up to 100 percent of the total greenhouse floor area may be devoted to retail sales activities during an occasional greenhouse sale. No more than 4 occasional greenhouse sales may be conducted during any 12 month period. Each occasional greenhouse sale shall be limited in duration to no more than 3 consecutive calendar days. NS & CR Districts: (1) Use shall be limited to 5,000 square feet ofland area. (2) Inside retail sales permitted. (3) All outside storage shall be screened from adjacent properties and streets. 5. Crop Production a. Definition: Crop production means an area used for the raising or harvesting of agricultural crops intended to provide food or fiber. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: Page 98 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,0112005,1012005 ,r' Zoning Ordinance (1) Crop production shall require at least a 5 acre land area. (2) Structures maybe erected for a private pen, barn, shed or silo of the treating and storing of products raised on the premises. 6. Stable, Commercial a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each horse stall within the stable. Additional parking may be required for the parking of trailers if: (1) any events are planned or conducted on the property which will draw horses from other stables; or (2) other conditions are specifically identified that require parking of horse trailers on the property . d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Commercial stables shall require at least a five acre area. Animal/land ratio shall comply with requirements of the City of Wylie Health Code. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (3) A pen, corral, or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line. This provision does not apply to perimeter fences which may be located along the property line. B. Residential & Lodeine Uses 1. Assisted Living Apartment a. Defmition: An establishment that furnishes, in one or more facilities, food and shelter to five or more persons who are unrelated to the proprietor of the establishment and that provides personal care services as defined by Chapter 247 of the Texas Administrative Code. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person's physical and mental well-being. The term does not include a Nursing, Convalescent Home or Hospice. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One-half of a space for every bedroom and 1 space for every employee for the largest shift plus 1 for every 5 bedrooms for use as guest parking. Resident parking spaces shall be a minimum of 10 feet wide. Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 99 ,Jt" Zoning Ordinance d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additiona1100,000 or fraction thereof 1 1 additional e. Additional Provisions: All permitted districts: (1) Retirement housing may contain suites for the use of residents. Suites are defined as one or more rooms designed to accommodate one family containing living, sanitary and sleeping facilities, but not containing a kitchen. (2) One dwelling unit or suite may be designated as caretakers. (3) The facility shall have access to a collector or larger street. 2. Bed & Breakfast Inn a. Defmition: A house, or portion of a house, where short term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each guest room. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) The number of guest rooms is limited to 6. (2) Cooking facilities for guest rooms are not permitted. (3) Individual guest occupancy is limited to no more than one month in any 3-month period. CR district: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 3. Boarding or Rooming House a. Definition: Boarding or rooming houses means a facility that has 5 or fewer guest rooms that are rented separately to occupants. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 100 ARTICLE 5 - USE REGULATIONS Adopted 11/200 1, Amended 09/2003,01/2005, 10/2005 ",. Zoning Ordinance c. Required Parking: One space for each guest room. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: All permitted districts: (1) This use may serve meals to the occupants. (2) This use may not have kitchens in the guest rooms. NS & CR districts: (1) This use may only be permitted in existing structures. (2) The renovation of existing structures to accommodate this use shall maintain the existing character of the neighborhood. 4. Hotel or Motel a. Definition: Hotel means a building or group of buildings whose main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area and which structure may also contain a restaurant, conference rooms, and various personal service shops. Motel means a building or group of buildings whose main function is to provide rooms for temporary lodging in which the rooms are directly accessible from an outdoor parking area. b. Permitted Districts: See Land Use Charts in Section 5.l. c. Required Parking: One space for each one sleeping room or suite plus one space for every 200 square feet of commercial floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 1 0,000 or fraction thereof None e. Additional Provisions: DTH: No motels are permitted. Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 10 1 ,]V' Zoning Ordinance 5. Manufactured Home a. Definition: Manufactured Home is a factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for each unit. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Housing units shall be finished in a manner entirely consistent with site-built single-family homes and shall be placed on a concrete foundation so as to be virtually indistinguishable from other homes in the area. 6. Manufactured Home Park a. Definition: Manufactured Home Park means a unified residential development of manufactured homes on transient stands arranged on a lot under a single ownership. Manufactured homes are factory assembled structures without permanent foundations and designed to be transported on its own wheels, arriving at the site as a complete dwelling unit. Removal of the wheels and placement on a foundation does not change its classification. The term manufactured home includes half units that are transported to the site on their own wheels and assembled. It does not include travel trailers, campers, camper buses, motor homes, or modular houses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for each mobile home plus additional spaces as required for accessory uses. d. Required Loading: None e. Additional Provisions: (1) Incidental Uses. Uses that are customarily incidental to the manufactured home park, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. (2) Accessory Structures. (a) The manufactured home park use includes accessory structures such as personal storage buildings, awnings, cabanas, and porches which are erected on the same transient stand as a manufactured home. Page 102 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005,10/2005 ",. Zoning Ordinance (b) Accessory structures located on the same transient stand as a manufactured home are subject to the same setback regulations as the manufactured home itself, except for required storage buildings which may be set within 3 feet of the rear or side line of the transient stand. Storage buildings located according to this exception must: i. be separate from the manufactured home; ii. be separate from all other accessory structures; and iii. be located to the rear of the manufactured home. (3) Pad Site. The pad site for the manufactured home shall be improved to provide adequate support for the placement of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning due to frost action, inadequate drainage, vibration or other forces acting on the structure. (4) Transient Stand Requirements. Each transient stand within a manufactured home park shall have the following: (a) a separate personal storage facility, (b) a utility riser for each utility provided or required by the units located within the park, ( c) a hose bib capable of accommodating a standard garden hose (5) Park Requirements. Each manufactured home park shall provide the following: (a) A park management and operations facility shall be located in a permanent building. (b) A clubhouse containing at least 2,500 square feet offloor area or, 10 square feet offloor area for each transient space in the manufactured home park, which ever is greater. The club house shall be located in a permanent building. (c) A standard depth swimming pool containing at least 800 square feet of surface area, or 3 square feet of surface area for each transient stand within the manufactured home park, whichever is greater. (d) A recreation vehicle and utility vehicle storage area with a minimum of 100 square feet of area for each transient stand within the manufactured home park, screened from adjacent public right-of-way. Recreation vehicles and utility vehicles shall not be stored on transient stands within a manufactured home park. (6) Signs. The following signs shall be provided in a manufactured home park" (a) An identification sign in accordance with the sign provisions of this ordinance, located at each entrance to the park. The sign shall include the name of the park and its address. (b) Each manufactured home transient stand shall be numbered uniformly with numbers not exceeding 4 inches in height. This sign shall be located so that it is visible from the street or drive at all times. (7) Community Television Antenna. All manufactured homes shall have buried television antenna service from one central television antenna, and no individual outside television antennas will be allowed. (8) HUD Approved. All manufactured homes to be HUD approved. All manufactured homes installed in manufactured home parks shall be HUD approved and bear the required decal. (9) Access and Traffic Circulation. All manufactured home parks shall provide access and means of motor vehicle and pedestrian traffic circulation as follows: Adopted 11/2001, Amended 09/2003, 01/2005, 1012005 ARTICLE 5 - USE REGULATIONS Page 103 ". Zoning Ordinance (a) Access. Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets and shall be limited to one entrance. (b) Internal streets. futernal streets shall be privately owned, built and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents. All streets shall have concrete curbs and guttering set to City standards. 1. On all internal streets, roads or driveways designed or intended to provide access to 2 or more spaces, there shall be 27 feet of pavement width with no on-street parking, unobstructed for vehicular access at all times. ii. If streets, roads or driveways are designed or intended to be used also for vehicular parking, a parallel parking space shall require a minimum width of 16 feet by 10 feet of street specification concrete, and no such parking space shall occupy or encroach upon the minimum unobstructed access areas. iii. Dead-end streets shall be limited in length to 600 feet and shall be provided at the closed end with a turnaround having a radius of not less than 44 feet. ( c) Outside Entry Roads. Outside roads to the development shall be assessed on a pro rata basis using spaces as a criteria as dictated by the Council pertaining to development expense, if there is a usable road that complies with City specifications. Ifno road exists, it becomes the sole expense of the developer to provide one. (d) Perimeter Streets. Requirements for perimeter streets, as outlined in the Subdivision Ordinance, as amended, shall apply to manufactured home parks. (10) Utilities: (a) All Manufactured Home Parks must be connected to the public water and sewer system. (b) All Manufactured Home Parks shall comply with City requirements for water, sewer, electrical, gas, and all other utilities. 7. Multifamily Dwelling a. Definition: Multifamily Dwellings means 3 or more dwellings located on a single lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) 1 for every efficiency dwelling unit (no separate bedroom); 1 for every 1 bedroom dwelling unit; 2 for every 2 bedroom dwelling unit; 2 for every 3 bedroom dwelling unit; 2 plus .5 for every each bedroom for dwelling units larger than 3 bedrooms; plus 1 for every 10 dwelling units guest parking (2) Required parking spaces shall be located behind the required front setback line. d. Required Loading: None Page 104 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,01/2005, 10/2005 tt" Zoning Ordinance e. Additional Provisions: All permitted districts: (1). All multifamily units shall provide laundry facilities consisting of 2 washers and 4 dryers for every 20 dwelling units or hook-ups in each dwelling unit. (2) Projects of 10 or more 2-bedroom units shall provide central playground(s) equivalent to 15 square feet for every 2 bedroom dwelling unit. (3) For projects of30 or more units the following shall be provided: (a) A lighted building directory in a public area. (b) Lidded dumpsters. (c) On-site management. (d) Covered mail boxes located in a central area which is lighted and has seating available. (e) Laundry rooms shall have secured access. (f) Common areas shall be visible from windows. (4) Uses that are customarily incidental to the Multifamily Dwelling use, including employee washrooms, manager's office, laundry rooms, swimming pools, and game courts, are permitted provided they are located at least 50 feet from a single family attached or single family detached zoning district. (5) The game courts, laundry rooms, and swimming pool shall be for the exclusive use of the residents and their guests. No exterior advertising of these uses is permitted. NS & CR districts: In addition to the standards above, the following shall apply: ( 1 ) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non-residential uses are developed concurrently. 8. Single Family Dwelling, Attached a. Definition: A dwelling unit attached to one or more other dwelling units where each dwelling unit is located on a separate lot. Attached single family dwelling units may include duplexes, townhouses, four-plexes, etc. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces for every dwelling, one of which must be enclosed. All required parking shall be located behind the front building line. d. Required Loading: None e. Additional Provisions: NS & CR districts: In addition to the standards above, the following shall apply: ( 1 ) Residential uses shall be in a mixed-use structure, or (2) Residential uses shall be part of an approved mixed use development plan where the residential is integrated within the development and residential and non-residential uses are developed concurrently. Adopted 1112001, Amended 09/2003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 105 ,]f" Zoning Ordinance 9. Single Family Dwelling, Detached a. Definition: Single family dwellings means one dwelling unit located on a lot. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two enclosed spaces for every dwelling, located behind the building line. d. Required Loading: None e. Additional Provisions: None C. Institutional & Community Service Uses 1. Cemetery or Mausoleum a. Definition: Cemeteries & mausoleum means: (1) A cemetery is a place designated for burial of the dead. (2) A mausoleum is a building with places for the entombment of the dead. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each 4 fixed seats or one space for each 100 square feet of non-fixed seating area in gathering room, whichever is greater. Minimum of2 spaces required. d. Required Loading: None e. Additional Provisions: None 2. Church/House of Worship a. Definition: Church means a facility used for people to gather together for public worship, religious education, or other religious activities. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 seats in the main auditorium. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) The following structures, when located on top of a church building, are excluded from the height measurements of the church building: (a) belfries, bell towers, campaniles, or carillons; (b) crosses; (c) cupolas, spires, or steeples; or (d) similar architectural appurtenances used as religious symbols. (2) A rectory, convent, or monastery is permitted as an accessory use. These accessory uses may be located on a separate lot and are not subject to the area limitations in Article 3 Residential District Regulations. 3. College or University a. Definition: A college or university is an academic institution of higher learning beyond the level of secondary school. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 5 classroom seats plus one space for every 3 seats in an auditorium.. Page 106 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ",. Zoning Ordinance d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: None 4. Cultural Arts Facility a. Defmition: Cultural arts facilities means a facility for the development, production, and presentation of the visual and performing arts, including live theater, dance, music, painting, sculpture, and crafts. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: NS & CR districts: Structure shall be no more than 10,000 square feet in area. 5. Day Care Facility a. Definition: Day care facility means a facility that provides care, training, education, custody, treatment, or supervision for 7 or more persons who are unable to care for themselves and who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers. This use does not include: (1) a facility that is accessory to a use, such as a shopping center, business, religious institution or other establishment, where children or adults are cared for during short periods of time while parents or persons responsible for them are engaging in activities related to the primary use; or (2) a facility that operates solely for educational instruction to children in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and 1/2 spaces for every teacher. Adopted 1112001, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 107 .J'" Zoning Ordinance d. Required Loading: One loading space for every 10 students or children shall be provided off- street. e. Additional Provisions: All permitted districts: (1) No overnight accommodations shall be provided. (2) State license required. 6. Group Home a. Definition: A facility providing food and shelter, personal guidance, care, rehabilitation services, or supervision for not more than 6 disabled persons, regardless of their legal relationship to one another, and 2 supervisory personnel. A group home is a community-based residential home operated by the Texas Department of Mental Health and Mental Retardation Act, which provides services to disabled persons, or a nonprofit entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retardation program. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Four spaces. d. Required Loading: None e. Additional Provisions: (1) State license required. (2) No group home shall be established within 750 feet of another group home. 7. Hospital or Sanitarium a. Definition: Hospitals & sanitariums means an institution where sick or injured patients are given medical treatment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and one-half spaces for every patient bed. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additiona1100,000 or fraction thereof e. Additional Provisions: None 8. Library a. Definition: Library means a nonprofit establishment for the loan or display of books. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space fOT every 200 square feet of floor area. d. Required Loading: None e. Additional Provisions: None None 1 additional Page 108 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 0912003,01/2005, 10/2005 "" Zoning Ordinance 9. Mortuary or Funeral Home a. Definition: Mortuary, funeral home means a facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each two seats in the service areas and one space per employee. d. Required Loading: None e. Additional Provisions: None 10. Nursing, Convalescent Home or Hospice a. Definition: Nursing, convalescent home or hospice means an establishment, in single or multiple facilities, which provides lodging and skilled nursing care for elderly, disabled, chronically ill or convalescent patients. The facility may also provide minor medical treatment under the direction and supervision of a physician. This use does not include: (1) a hotel or similar place that furnishes only food and lodging, or either, to its guests; (2) a hospital; or (3) an assisted living apartment. b. Permitted Districts: See Land Use Charts in Section 5.l. c. Required Parking: One space for every 4 beds. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: MF District: (1) The minimum parcel size required shall be 10,000 square feet. (2) The maximum number of beds per acre shall be 50. (3) Facility shall be located on a collector street or larger. 11. School, Public or Private, Elementary a. Definition: Schools, public or private, elementary means an educational institution that has a curriculum for kindergarten and/or elementary education. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each employee at capacity plus one space for every 2 classrooms. Adopted 11/2001, Amended 0912003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 109 ,Jt" Zoning Ordinance d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: All permitted districts: Pick-up and drop-off areas which will accommodate 4 school buses shall be provided on-site. 12. School, Public or Private, Secondary a. Definition: Schools, public or private, secondary means an educational institution that has a curriculum for secondary education, or post secondary education. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) Junior High Schools. One space for each employee at capacity plus one space for every 2 classrooms. (2) High Schools. One space for every employee plus one space for every 4 students at capacity . d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: All permitted districts: (1) Secondary schools shall be located on a collector or larger street. (2) Pick-up and drop-off areas which will accommodate 6 school buses shall be provided on- site. 13. School, Business a. Definition: School, business means a facility offering instruction and training in a service or the arts such as secretarial, barbering, cosmetology, commercial arts, computer operations, and similar training. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 28 feet of classroom space. Page 110 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 tt" Zoning Ordinance d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: None 14. School, Technical or Trade a. Definition: School, technical or trade means an establishment offering instruction and training in technical and skilled trades or crafts such as auto repair, cooking, welding, bricklaying, machinery operation, electronic and electrical services, plumbing, or other similar trades or crafts . b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 28 feet of classroom space. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof e. Additional Provisions: None None 1 1 additional D. Office Uses 1. Financial Institution, with drive-through a. Definition: Financial institution with drive-through window means a facility for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 additional e. Additional Provisions: None Adopted 1112001, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 111 ,Jt" Zoning Ordinance 2. Financial Institution, without drive-through a. Definition: Financial institution without drive-through window means a facility for the custody, loan or exchange of money, and the extension of credit that does not provide drive-in window service for customers in motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: None 3. General Office a. Definition: General office means a place for the regular transaction of business. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: None 4. Medical Clinic a. Definition: Medical clinic means a facility for examining, consulting with, and treating patients with medical, dental, or optical problems on an out-patient basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 additional Page 112 ARTICLE 5- USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ",. Zoning Ordinance e. Additional Provisions: NS District: If the building is over 5,000 square feet, an SUP is required. L I and H I Districts: May only occupy up to 10 percent of the gross floor area of a building. E. Recreational, Entertainment & Amusement Uses 1. Commercial Amusement or Recreation, Inside a. Definition: Commercial amusement, inside means a facility wholly enclosed in a building that offers entertainment or games of skill to the general public for a fee. This uses typically include bowling alleys or billiard parlors. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 100 square feet of floor area and one space for each employee. d. Required Loading: None e. Additional Provisions: None 2. Commercial Amusement or Recreation, Outside a. Defmition: Commercial amusement, outside means a facility offering entertainment or games of skill to the general public for a fee where any portion of the activity takes place outside. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 100 square feet of floor area and one space for each employee, or as determined one the approved site plan. d. Required Loading: None e. Additional Provisions: None 3. Community Park, Recreation Center, or Golf Course, Public a. Definition: Community park, recreation center, or golf course means a large scale recreation facility or park owned or operated by a public agency and available to the general public, typically over 10 acres in size and equipped with active recreation facilities and equipment which draws patrons from the entire community. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: The number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation facilities; and (c) The following general standards when applicable: i. One space for every 100 square feet of floor area for structures ii. Three spaces for every game court; iii. One space for every three seats in any assembly area; iv. Seventy spaces for every playing field used for league play; and v. Five spaces for every golf course green. d. Required Loading: None e. Additional Provisions: None Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5- USE REGULATIONS Page 113 :Jt" Zoning Ordinance 4. Country Club or Golf Course, Private a. Definition: Country Club or Golf Course with private membership means a private recreational club containing a golf course and a club house that is available only to the country club membership and their guests. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 150 square feet of floor area or for every 5 members, whichever is greater. Golf courses require one space for every 2 employees on the largest shift plus 3 spaces for every golfhole. d. Required Loading: None e. Additional Provisions: None 5. Golf Driving Range a. Definition: Golf Driving Range is an area used for hitting golf balls. A driving range may include an indoor management office. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Three spaces, plus one space for every tee. d. Required Loading: None e. Additional Provisions: None 6. Health Club a. Definition: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additiona1100,000 or fraction thereof None 1 additional e. Additional Provisions: MF and MH District: Health club shall be integrated into the residential development and shall be open to residents only. NS District: If the building is over 5,000 square feet, an SUP is required. Page 114 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 ",. Zoning Ordinance 7. Neighborhood Park or Playground a. Definition: Neighborhood park or playground means a recreation facility or park owned or operated by a public agency and available to the general public, typically under 10 acres in size and equipped with passive recreation facilities and limited equipment which draws patrons from the immediate neighborhood. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None when the use: (a) is less than 3 acres in size; (b) is completely located within a residential neighborhood; (c) has no structural fuci1ities beyond playground equipment; and (d) is not adjacent to a collector or larger street. (2) When parking is required, the number shall be determined during a site plan review process that considers: (a) The proposed mix of recreation uses and their operating characteristics; (b) Experience with similar recreation fu.cilities; and (c) The following general standards when applicable: i. 3 spaces for every game court; ii. One space for every additional 150 square feet of floor area in structures; and iii. 70 spaces for every playing field or diamond used for league play. d. Required Loading: None e. Additional Provisions: None 8. Sexually-Oriented Business a. Definition: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or massage establishment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 100 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 100,000 or fraction thereof None 1 1 additional e. Additional Provisions: This use shall meet all requirements of the Chapter 26 "Businesses" of the City of Wylie Code, Article III Massage Establishments and Article IV Sexually Oriented Businesses. Adopted 111200 1, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 115 .J'" Zoning Ordinance 9. Shooting Range, Indoor a. Definition: Indoor shooting range means an indoor facility where individuals may discharge firearms in a controlled setting for the purposes of testing accuracy, for training, or for sport. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of tloor area. d. Required Loading: S Dare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None 10. Theater a. Definition: Theater means a facility for showing motion pictures or staging theatrical performances or other performing arts to an audience inside an enclosed structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats or bench seating spaces plus one per each employee. d. Required Loading: S Dare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None F. Retail, Personal Service & Commercial Uses 1. Animal Clinic or Hospital a. Definition: Animal clinic means a facility for the diagnosis, treatment, and hospitalization of animals including, but not limited to dogs, cats, birds, and horses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One for every 400 square feet of tloor area. Page 116 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 "" Zoning Ordinance d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding, boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 2. Automobile Rental a. Defmition: Automobile rental means a facility for the rental of vehicles including automobiles, vans, and light trucks under 6,000 pounds gross vehicle weight. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: 1 parking space for every 500 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: CR and L I Districts: ( 1) Passenger vehicles only. (2) No more than 20 rental vehicles shall be stored on the site at anyone time. 3. Automobile Repair, Major a. Definition: Garage for repair & rebuilding of personal vehicles means a facility for the repair, maintenance, and restoration of vehicles under 6,000 pounds gross vehicle weight. This use includes engine rebuilding and body work and painting necessary for the restoration of motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One parking space for every 300 square feet of office floor area and one space for each service bay or service area. Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5- USE REGULATIONS Page 117 ,]"" Zoning Ordinance d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None 4. Automobile Repair, Minor a. Definition: Auto service center means a facility for the servicing or minor repair of automobiles. This use may include the retail sales of lubricating oils, tires, or parts for use in motor vehicles. Minor repairs include replacement of engine, transmission, chassis and drive train parts, tune-up and adjustments of motor vehicle engines and systems, and the replacement and repair of minor body parts such as windshields and windows and body trim parts. This use does not include rebuilding of engines or the restoration and painting of motor vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One parking space for every 300 square feet of office floor area and one space for each service bay or service area. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: NS District: (1) All activities and operations shall be conducted entirely within an enclosed structure. (2) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. (3) Openings in service bays shall not face public rights-of-way and shall be designed to minimize visual intrusion into adjoining properties. Page 118 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005,10/2005 ",. Zoning Ordinance 5. Body Art Studio a. Definition: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body, other than ear piercing, to insert jewelry or another decoration. b. Permitted Districts: See Land Use Charts in Section 5.1 c. Required Loading: None d. Required Loading: None S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: Certifications of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, and such facilities must meet all environmental health requirements of the City of Wylie. Body Art Studios must be set back 1,000 feet from any other Body Art Studio; Residential Zoning District; Church; Public, Private or Parochial School; and Day Care. 6. Car Wash a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car wash may be: (1) a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or (2) an automated single unit type which has a single bay to accommodate one vehicle at a time; or (3) a tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Type of Car Wash Single unit, not automated Automated single unit Tunnel unit d. Required Loading: None Adopted 1112001, Amended 09/2003,0112005, 1012005 ARTICLE 5 - USE REGULATIONS Page 119 ,]t" Zoning Ordinance e. Additional Provisions: (1) The following off-street stacking spaces are required: Type of Car Wash Single unit, not automated 2 Automated single unit 2 Tunnel unit 5 (2) Bay openings shall not face public streets or adjoining residential properties. 7. Club or Lodge, Non-profit a. Defmition: Club or lodge, non-profit means a facility providing for the activities of private service organizations and clubs that operate on a non-profit basis. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One and one-quarter spaces for every 200 square feet. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: None None 8. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: None 9. Dry Cleaning or Laundry, Drop-Off or Self Service a. Definition: Dry cleaning, laundry store means a facility for the cleaning of garments, principally for individuals. This use may be either: (1) a facility where patrons do their own cleaning; or (2) a facility where the cleaning is done by employees of the establishment. None Page 120 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 "" Zoning Ordinance b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 1 0,000 or fraction thereof None e. Additional Provisions: DTH: No drive through window service. 10. Cleaners, Commercial a. Definition: A Commercial Cleaners is a facility or area for cleaning items in bulk quantities such as clothes and linens. This definition includes cleaning for hospitals, restaurants, hotels, diaper cleaning services and other similar accounts, as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: (1) Discharge of fumes into the atmosphere is prohibited. 11. Equipment Rental a. Definition: Equipment Rental means a facility for renting tools and heavy equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None. Adopted 11/2001, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 121 " Zoning Ordinance 12. Food Processing a. Definition: A facility in which food for human consumption is provided in the final form, such as candy, baked goods and ice cream, and the food is distributed to retailers or wholesalers for resale on or off the premises. The term does not include food or beverage processing which uses any mechanized assembly line production of canned or bottled goods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: CR District: Structure must be 10,000 square feet or less. 13. General Merchandise or Food Store 5,000 s.C. or less a. Defmition: General merchandise or food store 5,000 square feet or less means a retail store with a floor area of 5,000 square feet or less for the sale or trade of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationary, pets, drugs, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: Page 122 ARTICLE 5- USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ,.,. Zoning Ordinance 14. General Merchandise or Food Store greater than 5,000 s.f. a. Definition: General merchandise or food store greater than 5,000 Square feet means a retail store with a floor area greater than 5,000 square feet for the sale or trade of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationary, pets, drugs, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None 15. Home Improvement Center, Lumber, Brick, or Building Materials a. Definition: Home improvement centers, lumber, brick, or building materials means a facility for the sale of home, lawn, and garden supplies, bricks, lumber, and similar building materials. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: None None 16. Household Equipment & Appliance Repair a. Definition: Household equipment and appliance repair means a facility for the repair of household and home equipment, including appliances, lawnmowers, power tools, and similar items. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of floor area. d. Required Loading: Adopted 11/2001, Amended 09/2003, 0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 123 ". Zoning Ordinance S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None. 17. Motor Vehicle Fueling Station a. Definition: Motor Vehicle Fueling Station means a building or covered premises used for the dispensing and sale of fuels or oils and accessories for the motor vehicle trade, together with automatic car wash facilities. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Minimum of four spaces. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: NS District: (1) SUP required and the additional conditions in 2 through 5 below. (2) All commercial activities and operations shall be conducted entirely within an enclosed structure, except as follows: (a) The dispensing of petroleum products, water and air from pump islands. (b) The sale of items via vending machines which shall be located next to the main structure. (3) Pump islands shall be located a minimum of 45 feet from a street right-of-way line. A canopy or roof structure over a pump island may be located no closer than 35 feet from the street right-of-way line. (4) One off-street stacking space is required for each pump and water/air dispenser. (5) No used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles shall be located in any open area outside the main structure. (6) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. 18. Pawn Shop a. Definition: Pawn Shop means a facility for loaning money on the security of personal property and the sale of unclaimed property. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. Page 124 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 0912003,0112005, 10/2005 ,.,. Zoning Ordinance d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: None 19. Personal Service Use a. Definition: Personal service use means a facility for the sale of personal services. Personal service uses include, but are not limited to a barber/beauty shop, shoe repair, a tailor, an instructional arts studio, a photographic studio, a handcrafted art work studio, a travel bureau, and duplicating shop. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: None S uare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None 1 1 e. Additional Provisions: None. 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 125 :Jt" Zoning Ordinance e. Additional Provisions: CR District: Drive through and stacking area shall not be located adjacent to residential uses. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None 22. Truck, Machinery & Heavy Equipment Sales, Service or Repair a. Defmition: Truck, machinery and heavy equipment sales, service or repair means a facility for the display, sales, servicing and, or repair of trucks, machinery and heavy equipment. This use includes fann equipment and recreational vehicles over 6,000 pounds in weight. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area plus one space for every 500 square feet of indoor sales and repair areas. d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: None 23. Vehicle Display, Sales or Service a. Definition: Vehicle display, sales, and service means a facility for the display, service and retail sale of new or used automobiles, boats, trucks, motorcycles, motor scooters, recreational vehicles, aircraft, or trailers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area plus one space for every 500 square feet of indoor sales and repair areas. None Page 126 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,0112005, 10/2005 "'" Zoning Ordinance d. Required Loading: S uare Feet of Floor Area 0-10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None G. Utility, Transportation & Public Service Uses 1. Airport, Heliport or Landing Field a. Definition: Airport, heliport, or landing field means a facility for the taking-off or landing of fixed or rotary wing aircraft. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area in the terminal building or office area plus one space for every 500 square feet of repair area. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 2. Animal Shelter a. Defmition: Animal Shelter means a pubic or non-profit facility for the harboring of animals including, but not limited to dogs, cats, and other household pets. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every employee. d. Required Loading: None e. Additional Provisions: None Adopted 11/2001, Amended 09/2003, 0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 127 ", Zoning Ordinance 3. Commercial Bus Station, Terminal or Service Facility a. Defmition: Commercial bus station and terminal means a privately owned or operated facility for the boarding and discharge of bus passengers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of floor area in the terminal building or office area. d. Required Loading: S Dare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None 4. Commercial Radio or TV Transmitting Station 3. Defmition: Commercial radio & TV transmitting station means a facility for the transmission of commercial programming by radio or television within the commercial band of the electromagnetic spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of gross area. d. Required Loading: S Dare Feet of Floor Area o - 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof None e. Additional Provisions: None 5. Electric Substation or Gas Regulator Station a. Definition: Electric substation & gas regulator station means a facility for the transforming of electricity or the reduction in gas pressure for distribution to individual customers. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: None Page 128 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ",. Zoning Ordinance 6. Helipad a. DefInition: Helipad means a landing area used for the taking off or landing of helicopters for the purpose of picking up and discharging passengers or cargo., This facility is not open to use by any helicopter without prior permission having been obtained. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 600 square feet of the site, a minimum of four spaces is required. d. Required Loading: None e. Additional Provisions: None 7. Local Utilities a. Defmition: Local utilities means electrical power, telephone, gas, water, and sewer drainage lines; air pollution monitoring stations and flood staging stations; and, unmanned, in-line facilities such as water wells, or pumping stations, telephone exchanges, switching, and transmitting equipment, including cellular telephone cell sites that are operated by the City or by a public service utility company. This use does not include any use otherwise listed in this Chapter. b. Permitted Districts: See Land Use Charts in Section 5.l. c. Required Parking: One space for every 200 square feet of building area. d. Required Loading: None e. Additional Provisions: All permitted districts: Above-ground storage tanks are not permitted under this use. 8. Mounted Antenna a. DefInition: Mounted Antenna means an antenna that is attached to a permitted structure. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None in addition to requirements for permitted structure. d. Required Loading: None in addition to requirements for permitted structure. e. Additional Provisions: All permitted districts: (I) Antennas mounted on buildings. (a) Roof-mounted telecommunications antennas are allowed on buildings in all zoning districts, provided: i. a non-whip antenna does not exceed the height of the building by more than 10 feet and is screened from view from any adjacent public roadway, and ii. a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. (b) Prior to installation of a roof-mounted antenna, the City shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof- mounted equipment. Adopted 11/2001, Amended 09/2003,01/2005, 1012005 ARTICLE 5 - USE REGULATIONS Page 129 ",. Zoning Ordinance (c) Roof-mounted antennas and associated equipment may be screened with enclosures or fucades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public roadway. (2) Building-mounted telecommunications antennas of the non-whip type are allowed on nonresidential buildings in all zoning districts provided the antenna is mounted flush with the exterior of the building so that it projects no more than thirty inches from the surface of the building to which it is attached; and the antenna's appearance blends with the surrounding surface of the building. (3) Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway. (4) Other existing structures. Telecommunications antennas are allowed on existing utility, lighting, telecommunications towers and sign structures exceeding 50 feet in height, provided that the antenna does not exceed the height of the structure by more than 10 feet if a non-whip type or l5-feet if a whip type. Existing structures may be rebuilt if necessary to support the load of the new antenna if the rebuilt structure is substantially similar in appearance to the existing structure it replaces. (5) When an application for a building permit to locate a telecommunications antenna on an existing building or other structure is made, color photo simulation showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent roadways shall be provided. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed antenna. (6) Telecommunications antennas shall not be constructed or used without all approvals and permits first having been secured. 9. Police or Fire Station a. Defmition: Police or Fire station means a facility operated by a governmental entity as a police1or fire station. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area for a police station; 5 spaces plus one space for every bed in a fire station. d. Required Loading: None e. Additional Provisions: None 10. Post Office a. Definition: Post office means a government facility for the transmission, sorting, and local distribution of mail. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 130 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005,10/2005 ,." Zoning Ordinance c. Required Parking: One space for every 500 square feet of floor area in the customer service areas; plus one space for every 1,000 square feet of floor area in the mail processing areas. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 11. Radio, Television or Microwave Tower a. Definition: Radio, television or microwave tower means a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: None 12. Railroad Yard a. Definition: Railroad yards means a facility for storing and making up trains. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area of any structure on the site. d. Required Loading: None e. Additional Provisions: None 13. Sewage Treatment Plant a. Definition: Sewage treatment plant means a facility for receiving and treating sewage from the City sanitary sewer system. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: None Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 131 ~ Zoning Ordinance 14. Telecommunications Tower a. Defmition: Telecommunications tower means a structure more than 10 feet tall, built primarily to support one or more telecommunications antennas. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) A site plan is required for all telecommunications towers. Site plan review shall include the following provisions in (2) through (16), below. (2) Tower height, including antenna array, shall not exceed 120 feet. (3) Telecommunications towers shall not be located closer to a residential district than 200 feet or a 3 to 1 distance to height ratio, whichever is greater. (4) New telecommunications towers must be a minimum distance of 5,000 feet from another telecommunications tower. (5) All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than 5 feet to any property line. (6) The base of the tower shall be enclosed by security fencing at least 8 feet high. (7) Equipment buildings shall be similar in color and character to the main or adjoining building or structure or blend with the landscape and other surroundings immediately adjacent to it and be screened by a masonry wall. (8) The tower shall be erected and operated in compliance with current Federal Communication Commission and F ederal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by a minimum of3 or more wireless communications providers; or (b) Designed and built so as to be capable of use by 3 or more wireless communications providers, including providers such as cellular or PCS providers using antenna arrays of 9 to 11 antennas each within 15 vertical feet of each other with no more than 3 degrees of twist and sway at the top elevation. The owner of the tower and the property on which it is located must certify to the City that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application. (10) All towers shall be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure. Page 132 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,0112005, 10/2005 ~ Zoning Ordinance (II) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. (12) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent ElA-222 standards and prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications towers. (13) Telecommunications towers and equipment buildings shall be located to minimize their number, height and obtrusiveness, to minimize visual impacts on the surrounding area, and in accordance with the following policies: (a) The height of towers and monopoles shall have the least visual impact and be no greater than required to achieve service area requirements and potential colocation, when visually appropriate. (b) The selected site for a new monopole and tower provides the least visual impact on residential areas and the public rights-of-way. Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. (c) Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public rights-of-way. The facility should be screened by vegetation, tree cover, topographic features, and buildings or other structures to the maximum extent feasible. (d) Place telecommunication facilities to ensure that historically significant landscapes are protected. The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (e) A variance may be granted to these policies for a telecommunications tower when it is detennined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no grea1erthan necessary to accomplish those policies. (14) No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration, or the City. (15) If any additions, changes, or modifications are made to the monopole, the changes shall comply with all of the above requirements for new towers and shall demonstrate, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code. Adopted 1112001, Amended 09/2003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 13 3 ". Zoning Ordinance (16) Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the Director within 30 days that use of a tower has been discontinued. 15. Telephone Exchange without Shops or Offices a. Definition: Telephone exchange without shops or offices means a facility for the switching and routing of telephone transmissions. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area. d. Required Loading: None e. Additional Provisions: None 16. Transit Passenger Shelter a. Definition: Transit passenger shelter means a structure which affords protection from the weather to persons who are waiting to board a publicly owned or franchised transit vehicle. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: None 17. Utility or Government Installation other than listed a. Definition: Utility or government installation other than listed means (1) A "utility other than listed" is a public or private facility franchised or operated by a Governmental unit as a utility, and which is not specifically covered by the use regulations in this chapter. (2) A "government installation other than listed" is an installation owned or leased by a government or quasi-public agency and which is not specifically covered by the use regulations in this chapter. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: As determined at the time of site plan review based on the standard for the use that is most equivalent to the proposed use in terms of function and operation. d. Required Loading: As determined at the time of site plan review based on the standard for the use that is most equivalent to the proposed use in terms of function and operation. e. Additional Provisions: None 18. Water Treatment Plant, Reservoir or Water Storage a. Definition: Water treatment plant, reservoir and water storage tanks means a facility which is part of a water system, and is used for the purifying, supplying, and distributing of drinking water, or the storage of treated or untreated water. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: The need for and number of off-street parking spaces for this use shall be determined at site plan review, based on: (1) the operating characteristics of the use; (2) the anticipated number of employees; and Page 134 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003, 01/2005, 10/2005 (3) experience with other similar uses. d. Required Loading: None e. Additional Provisions: None ,." Zoning Ordinance Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 135 .Jf" Zoning Ordinance H. Industrial & Manufacturing Uses 1. Asphalt or Concrete Batch Plant a. Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the mixing of concrete or asphalt. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0- 10,000 10,001 - 50,000 Each additional 10,000 or fraction thereof e. Additional Provisions: None 2. Industrial, Inside a. Definition: Industrial, inside means an industrial facility where all processing, fabricating, assembly, or disassembly takes place wholly within an enclosed building. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking:. One space for every 500 square feet of floor area. d. Required Loading: None S uare Feet of Floor Area 0-50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 3. Industrial, Outside a. Definition: Industrial, outside means an industrial facility where any portion of the processing, fabricating, assembly, or disassembly takes place outside or in an open structure. For purposes of this provision, open structure means any structure or building which has omitted walls. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of site area. d. Required Loading: S uare Feet of Floor Area 0- 50,000 50,001 - 100,000 Each additional 1 00,000 or fraction thereof 1 2 1 additional Page 136 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 "", Zoning Ordinance e. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 4. Light Assembly & Fabrication a. Defmition: Light Assembly and Fabrication means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, packaging, incidental storage, sales and distribution of products, but excluding basic industrial processing. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0-50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 5. Mining a. Definition: Mining means the extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes are considered mining unless otherwise expressly authorized by another provision of this ordinance. The following are not considered mining: (1) Excavation, removal, or stockpiling of earth materials incidental to construction approved by a final plat, building permit, or for governmental or utility construction projects. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Parking shall be determined during the Special Use Permit review, based on: (1) the operating characteristics of the use (2) the anticipated number of employees; and (3) experience with other similar uses. d. Required Loading: None e. Additional Provisions: (1) A master plan and site plan, operation plans, and a restoration plan shall be provided with the Special Use Permit application. (2) A Special Use Permit shall not be granted unless required state review and approval has been obtained. Adopted 11/2001, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 13 7 ,]f" Zoning Ordinance 6. Printing & Publishing a. Definition: Printing and Publishing means a facility for the commercial reproduction, cutting, printing, or binding of written materials, drawings, or other graphic materials on a bulk basis using lithography, off-set printing, blueprinting, or similar methods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area. d. Required Loading: One space for every 500 square feet of floor area. e. Additional Provisions: DTH: Size limited to 4,000 square feet of floor area. 7. Salvage or Reclamation of Products, Inside a. Definition: Salvage or reclamation of products, inside, means a facility which stores, keeps, dismantles, or salvages scrap or discarded materials or equipment inside an enclosed building. Scrap or discarded materials include but are not limited to metal, paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, and appliances. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of floor area. d. Required Loading: S uare Feet of Floor Area 0-50,000 50,001 - 100,000 Each additiona1100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 8. Salvage or Reclamation of Products, Outside a. Definition: Salvage or reclamation of products, outside means a facility which stores, keeps, dismantles, or salvages scrap or discarded materials or equipment outside of any structures. Scrap or discarded materials include but are not limited to metal, paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle parts, machinery, and appliances. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each two employees or one space for every 500 square feet of floor area, whichever is greater. , d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional Page 138 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 0912003,01/2005, 10/2005 ,.,. Zoning Ordinance e. Additional Provisions: (1) All outside storage, salvage and/or junk shall be screened from view of public streets by a 10-foot high solid screening device that complies with the following requirements: (a) The screening device shall be setback a minimum of20 feet from all streets; (b) All screening devices shall form an opaque, solid barrier, without gaps or openings, except as provided in (d) below; ( c) All screening devices shall be constructed of masonry or concrete as specified in Section 7.l.i; (d) Only openings in screening devices which are necessary for reasonable access to the salvage yard shall be permitted, but shall be equipped with a solid gate or door constructed and maintained in accordance with the requirements for screening devices set forth in this section. All openings so permitted shall be closed and securely locked at all times, except for needed access and for fire and emergency vehicles; (e) All screening devices shall extend downward to ground level, and shall also test plumb and square at all times; (f) Any painting, staining, coating, covering or other coloring of any screening devices shall be of a uniform color; (g) The screening device shall not be used for bill postings or for other advertising purposes, except a space not larger than 50 square feet which may be used for the advertisement of the business of the owner. (h) All screening devices shall be maintained, repaired and/or replaced to ensure compliance with the requirements in this section at all times; and (i) No junk or salvage of any character, or parts, or machinery of any kind shall be allowed to remain outside. (2) Screening shall not be permitted in the floodway. If the location of the required screening is in the floodway or floodplain, screening should be placed elsewhere on the property to achieve the desired screening. I. Wholesale, Distribution & Storage Uses 1. Auto Auction a. Definition: Auto auction means a facility for the auction of automobiles, vans, and light trucks used as personal vehicles. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 3,000 square feet of sales lot area devoted to the sale or display of vehicles. d. Required Loading: S uare Feet of Floor Area 0- 50,000 50,001 - 100,000 Each additional 1 00,000 or fraction thereof 1 2 1 additional Adopted 1112001, Amended 0912003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 139 :J'" Zoning Ordinance e. Additional Provisions: None 2. Contractor's Maintenance Yard a. Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of gross floor area. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: CC District: All outside storage areas shall be entirely screened from view of streets and adjacent residential property with a masonry wall. 3. Freight Terminal a. Defmition: Freight terminal means a facility for the transfer and storage of freight. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of gross floor area. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 4. Landfill R. Definition: Landfill means an area where a type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every employee. d. Required Loading: None e. Additional Provisions: None Page 140 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,01/2005, 10/2005 ,.,. Zoning Ordinance 5. Livestock Auction Pens or Sheds a. Definition: Livestock auction pens or sheds means a facility for the auction of livestock. b. Permitted Districts: See Land Use Charts in Section 5.l. c. Required Parking: One space for every 4 seats, plus one space for every 600 square feet of sales or display area. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: If 20,000 square feet or more of gross floor area, one space is required for each 3,000 square feet of gross floor area. 6. Mini-warehouse, Self-storage a. Definition: Mini-warehouse, self storage means a building or group of buildings containing one or more individual compartmentalized storage units for the inside storage of customers' goods or wares, where no unit exceeds 500 square feet in floor area. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of office area; one space for every residential caretaker's unit; plus two spaces for every 20,000 square feet of storage area. d. Required Loading: None e. Additional Provisions: None 7. Office Showroom/W arehouse a. Defmition: Office showroom/warehouse means a facility that has the combined uses of office and showroom or warehouse for the primary purpose of wholesale trade, display, and distribution of products. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of gross floor area or one space for every two employees. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions I District: Retail uses limited to 10 percent of the gross floor area. Adopted 11/2001, Amended 09/2003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 141 ~ Zoning Ordinance 8. Outside Storage a. Definition: Outside storage means a lot used for the outside storage of an item for a period in excess of 24 hours. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 2,000 square feet of the site. A minimum of one space is required. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 9. Recycling Collection Center a. Defmition: Recycling collection center means a facility for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, plastics, and clothing for recycling purposes. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 2,000 square feet of the site. A minimum of one space is required. d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof 1 2 1 additional e. Additional Provisions: None 10. Warehouse/Distribution Center a. Defmition: Warehouse means a facility primarily for the inside storage of items and is 25,000 square feet or smaller. Distribution Center means a warehouse facility which is primarily for distribution by rail or truck, and which is 25,000 square feet or larger. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 1,000 square feet of gross floor area. Page 142 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 10/2005 "". Zoning Ordinance d. Required Loading: S uare Feet of Floor Area o - 50,000 50,001 - 100,000 Each additional 100,000 or fraction thereof e. Additional Provisions: None J. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes, including farming, dairying, horticulture, floriculture, animal and poultry husbandry. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None, other than required for the primary structure. e. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. 1 2 1 additional (2) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (3) The area used for the production of large animals, including but not limited to pigs, cows, sheep, goats, and horses, shall be located at least one-half of a mile away from any residential zoning district, one-quarter of a mile from any commercial zoning district. 2. Accessory Community Center, Private a. Definition: Accessory community center, private means an integral part of a residential project that is under the management and unified control of the operators of the project or development, and that is used by the residents of the project or development for a place of meeting, recreation, or social activity. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None required, unless the use: (a) is located on a separate lot from the main use; (b) is located a distance greater than 500 feet from at least 20 percent of the dwelling units selVed by the facility; and (c) required off-street parking to reduce impacts on adjacent property and public streets. (2) In the event off-street parking is required, the number of off-street parking spaces required shall be determined by the Commission based on: (a) industry standards for the use or similar uses; (b) experience with the use or similar uses; or Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5- USE REGULATIONS Page 143 .:J'" Zoning Ordinance (c) the proposed operating characteristics of the use. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) A private community center shall not be operated as a place of public meeting or as a business. (2) This accessory use is not required to be located on the same lot as the main use. 3. Accessory Game Court, Private a. Definition: Accessory game court, private means a game court for engaging in tennis, handball, racquetball, or similar physical activities for the use of residents and their guests of a residential main use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: (1) None required, unless the use: (a) is located on a separate lot from the main use; (b) is located a distance greater than 500 feet from at least 20 percent of the dwelling units served by the facility; and (c) requires off-street parking to reduce impacts on adjacent property and public streets. (2) In the event off-street parking is required, the number of off-street parking spaces required shall be determined by the Commission based on: (a) industry standards for the use or similar uses; (b) experience with the use or similar uses; or (c) the proposed operating characteristics of the use. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) This accessory use may occupy up to 50 percent of the area of the lot containing the main use. (2) This accessory use is not required to be located on the same lot as the main use. 4. Accessory Outside Display of Merchandise a. Definition: Accessory outside display of merchandise means the outside placement of merchandise for sale for a continuous period less than 48 hours. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: Outside display shall meet the following standards: (1) Outside displays are permitted only in areas designated on the site plan filed with the City. Page 144 ARTICLE 5- USE REGULATIONS Adopted 1112001, Amended 09/2003,01/2005,10/2005 ",. Zoning Ordinance (2) Outdoor display areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor display may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside display areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a minimum of twenty percent solid screening matching the material of the primary building. (c) The remainder may be solid evergreen planting, wrought iron, or dark vinyl-coated chain link or similar materials. (5) Any outside display areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor display may be located in any portion of a parking lot. 5. Accessory Outside Sales a. Definition: Accessory outside sales means a site for the outside sale of merchandise. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None for the first 1,000 square feet of sales area; one space for each additional 500 square feet of sales area. d. Required Loading: None e. Additional Provisions: Accessory outside sales shall meet the following standards: (1) Accessory outside sales are permitted only in areas designated on the site plan filed with the City. (2) Outdoor sales areas may not exceed five percent of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) (3) Outdoor sales may occupy up to thirty percent of a covered sidewalk that is located within twenty feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (4) Any outside sales areas not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must: (a) Be a minimum of eight feet high or one foot taller than the materials being displayed, which ever is greater. (b) Include a minimum of twenty percent solid screening matching the material of the primary building. (c) The remainder may be solid evergreen planting, wrought iron, or dark vinyl-coated chain link or similar materials. (5) Any outside sales areas not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. (6) No outdoor sales may be located in any portion of a parking lot. Adopted 11/2001, Amended 09/2003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 145 :J"" Zoning Ordinance 6. Accessory Outside Storage a. Definition: Accessory outside storage means the outside placement of an item for a continuous period in excess of 48 hours. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None, other than required for the primary structure. e. Additional Provisions: All permitted districts: (1) Outside storage shall not be permitted within required setbacks or buffer yards. (2) Accessory outside storage is not permitted on an unenclosed front porch of a residential building. (3) Except as otherwise provided in this ordinance, outside storage shall be limited to no more than five percent of the lot area containing the main use. (4) Outside storage areas not screened by an intervening building shall be screened from view from any public street by a screening device at least eight feet in height. In addition, outside storage areas shall be screened from view of any adjoining property by a screening device at least eight feet in height, except along adjacent property lines in the same zoning district. 7. Amateur Communication Tower a. Definition: Amateur communications tower means a tower with an antenna that transmits amateur radio, citizens band, or both spectrums, and that receives any portion of a radio spectrum. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None, other than required for the primary structure. e. Additional Provisions: All permitted districts: (I) Only one amateur communication tower per site permitted. No more than 2 antennae may be mounted on an amateur communications tower. The antennae volume may not exceed 900 cubic feet for a single antenna and 1,400 cubic feet for 2 antennae. In this provision, antenna volume is the space within an imaginary rectangular prism that contains all extremities of the antenna. (2) No portion of the amateur communications tower or its antennae may encroach into the required front, side or rear yard, except the area under a guy wire and anchor point may project a maximum of 3 feet into the required side or rear yard if the guy wire and anchor point is attached to the top of a structural support that is not less than 6 feet in height. In this provision, a structural support for an anchor point is any pole, post, strut, or other fixture or framework necessary to hold and secure an anchor point. (3) The tower may not exceed 75 feet in height. (4) The tower shall be set back an additional 12 inches from the required front, side and rear yards for each additional 12 inches of height above the maximum height permitted in the district. Page 146 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,01/2005, 10/2005 ",. Zoning Ordinance 8. Caretakers Quarters, Domestic or Security Unit a. Definition: Caretakers Quarters, Domestic or Security Unit means an independent, self- contained dwelling unit located on the same lot as the principal use or structure and which provides residential accommodations for a property manager or security personnel. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: NA 9. Home Occupation a. Defmition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the prennses. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or by signs, or the emission of sounds, noises, dust, odors, fumes, smoke, or vibrations. (3) All employees shall be members of the resident family and shall reside on the premises. (4) There shall be no sale of merchandise which requires customers to go to the property. (5) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (6) There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, nor shall merchandise be visible from outside the dwelling. (7) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (8) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. 10. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner., b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None, other than required for the primary structure. Adopted 11/2001, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 147 ;JV" Zoning Ordinance d. Required Loading: None e. Additional Provisions: All permitted districts: (1) A private stable shall only be on a lot at least 2 acres in area. (2) One horse is permitted for every acre ofland. (3) Private stables shall include a pen or corral containing at least 800 square feet for each animal with a stable under a roof containing at least 100 square feet for each animal. (4) A private stable shall have property drainage and other facilities so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A pen, corral, fences, or similar enclosures shall have a minimum front setback of 50 feet and a minimum side and rear setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on premises. 11. Swimming Pool, Private a. Definition: Swimming pool, private, means a swimming pool constructed for the exclusive use of residents of a residential use. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Private swimming pools may not be operated as a business, except private swimming lessons may be given as a home occupation use. (2) Private swimming pools shall be surrounded by a fence constructed so as to prevent access by unauthorized people. (3) Private swimming pools shall not be located in the required front yard. K. Temporary Uses 1. Christmas Tree Sales a. Definition: A Christmas tree sale means a temporary facility for the sale of Christmas trees and related seasonal decorations. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of the site, exclusive of parking. Off- street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None Page 148 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003, 01/2005, 10/2005 ",. Zoning Ordinance e. Additional Provisions: (1) A temporary permit may be issued for a period of 60 days for this use. The Building Official may grant one 30 day extension of the temporary use permit if the use has fully complied with all applicable City ordinances and conditions of the temporary use permit. (1) Upon completion 0 the temporary use, the site shall be cleaned, all evidence of its use removed. 2. Occasional Sale or Garage Sale a. Definition: Occasional sale or garage sale means the temporary and occasional sale of tangible personal property at retail by a person who is not in the business of selling tangible personal property for retail purposes. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) The sale of tangible personal property may only be sold by the owner or lessee of the premises where the sale is conducted. (2) The owner or lessee shall be responsible for the tangible personal property at the time of the sale. (3) A person shall not sell merchandise acquired solely for the purpose of resale at an occasional sale. (4) A person shall not conduct an occasional sale for duration of more than 3 consecutive calendar days. (5) A person shall not conduct more than 4 occasional sales on a premise during any 12 month period. (6) A person shall not place more than one sign, not to exceed 2 square feet, upon the lot where the sale is taking place. Any other signs remote from the property on which the sale is taking place shall be located in compliance with the Sign Ordinance, as amended. 3. Seasonal Sales Stand a. Definition: Seasonal sales stand means a facility for the sale of agricultural products that are seasonal in nature. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 400 square feet of building area. Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Christmas tree lot, or by providing temporary parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. Adopted 11/2001, Amended 09/2003,0112005, 1012005 ARTICLE 5- USE REGULATIONS Page 149 ~ Zoning Ordinance d. Required Loading: None e. Additional Provisions: (1) No product may be placed for sale or display and no structures used for a temporary seasonal sales stand closer than 50 feet to the public right-of-way. (2) No temporary seasonal sales stand may have more than 3,500 square feet of floor area. (3) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 4. Temporary Concrete or Asphalt Batch Plant a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or area for the mixing of concrete or asphalt. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (1) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Concrete and asphalt mixed on site shall only be furnished to the specific project for which the temporary use permit was issued. (2) The Commission shall review requests for renewal of the permit if the specific project requires an extension of time. (3) The temporary batch plant shall be located and operated in such a manner to eliminate unnecessary dust, noise and odor. (4) On-site fencing, screening, or buffering shall be provided so that adjacent properties are protected from hazards and negative impacts. (5) Any public improvement that is damaged during the operation of the temporary batch plant shall be repaired or replaced. (6) All equipment, materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. 5. Temporary Construction Yard, or Construction or Sales Office a. Definition: Temporary construction yard, or construction or sales office means an area for the temporary storage of building materials and equipment necessary for the construction of a permanent use, and/or, a facility temporarily used as a construction or sales office. b. Permitted Districts: See Land Use Charts in Section 5.1. Page 150 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,0112005, 1012005 ,.,. Zoning Ordinance c. Required Parking: Parking for this use may be satisfied by providing temporary off-street parking spaces that do not strictly comply with the City's off-street parking construction requirements. The operator of this use shall demonstrate to the satisfaction of the Building Official that temporary off-street parking space: (I) adequately accommodate the parking needs of the use; and (2) will not adversely affect surrounding uses. d. Required Loading: None e. Additional Provisions: All required districts: (I) Limited to on-premise construction purposes associated with the properties within the same platted subdivision. (2) This use shall be discontinued after subdivision construction is 90 percent complete. 6. Temporary Crops a. Definition: Temporary crops mean an area used for the growing crops on a temporary basis while land is waiting for future development. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: AU permitted districts: (1) This use shall not be operated on an area less than 2 acres. (2) Structures may be erected for barn, or shed for the protection of machinery on the preIll1ses. (3) A temporary use permit for crops is valid for a period of3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (4) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 7. Temporary Grazing a. Definition: Temporary grazing means an area used for the grazing of animals on a temporary basis while land is waiting for future development. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading: None e. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 5 acres. (2) An application for a temporary use permit shall specify the number and type of animal that will be grazing. No temporary use permit shall be granted where the number and type Adopted 1112001, Amended 09/2003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 151 ,]'" Zoning Ordinance of animals to be grazed is likely to result in overgrazing and/or significant environmental degradation of the site. (3) Structures may be erected for a stable, pen, barn, or shed for the protection of the animals on the premises. (4) Standings under roofed stables shall be made of a material that provides for proper drainage so as not to create offensive odors, insect or rodent breeding, or other nuisances. (5) A temporary use pennit for grazing is valid for a period of 3 years. The Commission may grant up to 2, one-year extensions, if conditions at the time of initial approval have not changed. (6) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. 8. Temporary Living Quarters a. Definition: Temporary living quarters means temporary facilities in the form of a manufactured home, used as living quarters during the construction of a residence upon a property not less than 1/2 acre in area. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading: None e. Additional Provisions: All permitted districts: A temporary use pennit shall be valid for a 6 month period. An additional 6 months may be granted by the Building Official, provided the exterior walls and roof of the residence are completed. 9. Traveling Show, Carnival or Circus a. Definition: Traveling show, carnival or circus means a temporary traveling show or exhibition that has no permanent structure or installation. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 500 square feet of the site, exclusive of parking. d. Required Loading: None e. Additional Provisions: None SECTION 5.3 ACCESSORY USES AND STRUCTURES An accessory use or structure that is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be pennitted as an accessory use without being separately listed as a pennitted use, unless otherwise stated in these regulations. Accessory uses are subject to the same regulations as the principal use. Accessory buildings shall comply with the area requirements in Article 3 - Residential District Regulations. Page 152 ARTICLE 5 - USE REGULATIONS Adopted 1112001, Amended 09/2003,01/2005, 10/2005 tt" Zoning Ordinance SECTION 5.4 SPECIAL USE PERMITS A. Purpose The Special Use Pennit provides a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent property and consistent with the character of the neighborhood. Special use pennits are required where site specific impacts may exist that require additional review to ensure compatibility between uses. B. Special Use Permit Required The Use Regulations in Section 5.1 Land Use Charts state when a Special Use Pennit is required for a use to be pennitted in a zoning district. The Special Use Pennit requirement for a use in a district does not constitute an authorization or an assurance that the use will be pennitted. Each Special Use Pennit shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. C. Application An application for a Special Use Pennit shall be submitted to the Planning Department and shall include the following: 1. A written description of the proposed use. 2. A plan showing the location of the proposed use on the site. 3. Any additional information required by the Director. D. Review by the Commission and the Council The Commission shall hold a public hearing and make a recommendation to the Council. The Council shall hold a public hearing and approve, approve with conditions, or deny the Special Use Pennit based on the review criteria in "E", below. E. Review Criteria In granting a Special Use Pennit, the Commission and the Council shall determine that the proposed use: 1. Complements or is compatible with the surrounding uses and community facilities; 2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent properties; 3. Is not detrimental to the public health, safety, or general welfare; 4. Conforms in all other respects to all applicable zoning regulations and standards; and 5. Is in conformance with the Comprehensive Plan. F. Additional Conditions The Commission and Council may impose reasonable conditions upon the granting of a Special Use Pennit consistent with the Comprehensive Plan, other state development goals and objectives of the City, and the requirements of other City regulations. Such conditions may include, but are not limited to the location, arrangement, operation, duration, and type and manner of construction of any use for which a Special Use Pennit is requested. Adopted 1112001, Amended 09/2003,01/2005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 153 ",. Zoning Ordinance G. Effect of Special Use Permit. 1. The granting of a Special Use Permit has no effect on the uses permitted by right and does not waive the regulations of the underlying zoning district. 2. A Special Use Permit runs with the land, a new owner is not required to reapply for a Special Use Permit unless a time limit that has been established runs out. H. Zoning Map When the Council authorizes granting of a Special Use Permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses. The amendment is to indicate the appropriate zoning district for the approved use and shall be suffixed by an "S" designation. SECTION 5.5 TEMPORARY USES A. Purpose Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Permit from the Building Official. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare. B. Temporary Use Defined Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition, the following uses and activities shall be considered temporary uses: 1. Fundraising Activities by Not-Cor-Profit Agencies. Fundraising or noncommercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours. 2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer's markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods. 3. Entertainment or Amusement Events. Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals. C. Application An application for a Temporary Use Permit shall be submitted to the Building Official at least 10 working days before the requested start date for a temporary use and shall include the following: 1. A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event 2. A written description of how the temporary use complies with the review criteria in E, below. Page 154 ARTICLE 5- USE REGULATIONS Adopted 11/2001, Amended 0912003,0112005,10/2005 ",. Zoning Ordinance 3. A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines. 4. A letter from the property owner agreeing to the temporary use. S. Any additional information required by the Director. D. Review and Action by the Director The Building Official shall make a determination whether to approve, approve with conditions, or deny the permit within S working days after the date of application. Any applicant denied a permit by the Building Official shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Commission. E. Review Criteria Temporary uses shall comply with the following requirements: 1. Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a pennanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points. 2. Compliance with Other Regulations. The temporary use shall conform in all respects to all other applicable City regulations and standards. 3. Restoration of Site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site. 4. Hours of Operation and Duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Building Official at the time of approval of the temporary use permit. S. Traffic Circulation. The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls. 6. Off-street Parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s). 7. Public Conveniences and Litter Control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. 8. Appearance and Nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. Adopted 11/2001, Amended 09/2003,0112005, 10/2005 ARTICLE 5 - USE REGULATIONS Page 155 ~ Zoning Ordinance 9. Signs. The Building Official shall review all signage, although a sign permit is not required. The Building Official may approve the temporary use of attention attracting devices. F. Additional Conditions The Building Official may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use. G. Appeals A denial of a temporary use permit may be appealed to the Commission within 10 days of the Building Official's action. The appeal shall be made in writing to the Building Official. SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES A. Unlisted Uses The uses permitted in this Chapter are classified on the basis of common operational characteristics and land use compatibility. Uses not specifically listed in this Chapter are prohibited. However, additional new and unlisted uses may be permitted by the Director if the use is similar to other uses listed in the same zoning district. B. Appeals An applicant, aggrieved by the decision of the Director, may file an appeal of the decision to the Board. The appeal shall be filed in writing in the Department of Planning within 10 days of the Director's action. Unless otherwise stated in the Board action, the determination of the Board with respect to the appeal shall constitute a permanent and consistent interpretative decision which the Director shall apply in all future instances. C. Conditions When considering requests for a new land use, the Director and Board shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate. D. Authorization of New Uses If a new use is authorized by the Board, a text amendment shall be sent immediately to the Commission and the Council. Page 156 ARTICLE 5 - USE REGULATIONS Adopted 11/2001, Amended 09/2003,01/2005, 10/2005 BLANK ,.,. Zoning Ordinance Adopted 11/2001, Amended 09/2003, 01/2005, 10/2005 ARTICLE 5- USE REGULATIONS Page 157 ;.ss cas' Med'ia, Inc. \!rbe jfarmwsbille \!rimes. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News7 a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached City of Wylie Ordinance No. 2005-58, Ordinance No. 2006-04, Ordinance No. 2006-05, Ordinance No. 2006-06 was published in said newspaper on the following dates, to-wit: Feb.!, 2006 CJilif::::Ugbrock' Publisber Subscribed and sworn before me on this, the / if 'f1'-- day of :$/// , 2006 to certify which witness my hand and seal of office. ,;;;.,...'.......';.~" ......-;:;;:'~<.- ..~.o....~"..<...,~:...'\ !~ .' \1"\ f.( ~ H \'ti;.\, ~ ,,/;,J "~::_"''-TI cc o~.~ ~ ~~~1 Notary Public in and for The State of Texas ADA L. MOONEY Notary Public State of Texas My COf11[11. Exp. 01.02-07 My commission expires 01/02/07 RECEIVED MAR 0 6 2006 FINANCE Murphy/Sachse/Wylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318 Farmersville/Princeton Office. 10 I S. Main . P.O. Box 512 . Fannersville, TX 75442 . 972-784-6397 . fax 972-782-7023 u au.J..l "'lr1.l. "'l '-'.a.:.o NO. 2006-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE DEVELOPMENT REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL nT.C;:TRTrTS OF NO. 2UUb-U4 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE DEVELOPMENT REGULATIONS FOR RESIDENTIAL AND NONRESIDENTIAL DISTRICTS OF WYLIE'S COMPRE- .' , HENSIVE ZONING ORDINANCE AND '. ZONING MAP, NO. 2001-48, PASSED AND APPROVED ON THE 13TH DAY OF NOVEM- BER 2001, TOGETHER WITH ALL AMEND- MENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ;... . ORDINANCE; PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HERE-