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10-01-2019 (Planning & Zoning) Agenda Packet Planning & Commission ; ,,,,,i,.....„Tti,_,,,,H,F ',r,, -1,i,ll:pi,"w—4',:,l i'i_O-6',_:-Ii_ -,-...--7---1_.,f "-1-.:.,1:,.:.4;_,..1_t.jH*7..r:_„ A. '- wwrwir I4 -0--,di-1-7Wr pA,„7,'-t„_.\i,r r1r1-,,kL_\ .d,.-„4 , 1 :: 'c\0.P4 rfa jw*-= 41111c Ai f,COLORAD "4. 0117Q SSA TE OF "L"tX100, c o er2019 Regular Business Meeting Ilk Planning & Zoning Commission NOTICE OF MEETING Regular Meeting Agenda October 1, 2019 — 6:00 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Wylie, TX 75098 Ron Smith Chair Randy Owens Vice Chair Brad Emerson Commissioner Cory Plunk Commissioner Mike McCrossin Commissioner Bryan Rogers Commissioner Charla Riner Commissioner Jasen Haskins Planning Manager Kevin Molina Senior Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.Gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. Commissioners requests that comments be limited to three (3) minutes. In addition, Commissioners is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes from September 17, 2019 Regular Meeting. October 1,2019 Planning&Zoning Commission Regular Meeting Agenda Page 2 of 2 EXECUTIVE SESSION If during the course of the meeting covered by this notice,the Planning&Zoning Commission should determine that a closed or executive meeting or session of the Planning&Zoning Commission or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code § 551.001 et. seq.,will be held by the Planning & Zoning Commission 1 at the date, hour and place given in this notice as the Planning & Zoning Commission may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071—Private consultation with an attorney for the City. PUBLIC HEARING 1. Hold a Public Hearing to consider, and act upon, a recommendation to City Council regarding an amendment to the City of Wylie Zoning Ordinance (2006-04), Section 5.1 (Land Use Charts) and Section 5.2(Listed Uses)as they relate to allowed uses within the Neighborhood Services(NS)Zoning District. ZC 2019-13. ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on September 27, 2019 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexa,s'.gov. Stephanie Storm,City Secretary Date Notice Removed G Planning & Zoning Commission Minutes Regular Meeting September 17, 2019— 6:00 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Vice Chair Randy Owens presided the meeting and called the meeting to order at 6:01PM. Commissioners present: Vice Chair Randy Owens, Commissioner Bryan Rogers, Commissioner Cory Plunk, Commissioner Brad Emerson, Commissioner Mike McCrossin, and Commissioner Charla Riner. Those absent: Chair Ron Smith. Staff present: Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner, and Ms. Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Rogers gave the invocation and Commissioner Riner led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. Commissioners requests that comments be limited to three (3) minutes. In addition, Commissioners not allowed to converse, deliberate or take action on any matter presented during citizen participation No one approached the Commissioners. CONSENT AGENDA A. Consider and act upon approval of the Minutes from September 3, 2019, Regular Meeting. Commission Action A motion was made by Commissioner McCrossin, seconded by Commissioner Rogers, to approve the Minutes from September 3,2019 meeting, as presented. A vote was taken and the motion carried 6-0. REGULAR AGENDA Minutes September 17,2019 Planning&Zoning Page 1 1. Consider, and act upon, a recommendation to the City Council regarding a Final Plat for Birmingham Bluffs Phase 1, establishing 29 single family residential lots and two open space lots on 6.443 acres, generally located on the northwest corner of Westgate Way and Brown Street. Staff Comments Mr. Molina stated that the plat will establish 29 residential and two open space lots. The development will be creating three collector streets, each with 50 foot right-of-ways. The plat will also be dedicating 20 feet of right-of-way on Brown Street. Commissioners Action A motion was made by Commissioner Riner, and seconded by Commissioner Rogers, to recommend approval to the City Council regarding a Final Plat for Birmingham Bluffs Phase 1, establishing 29 single family residential lots and two open space lots on 6.443 acres, generally located on the northwest corner of Westgate Way and Brown Street. A vote was taken and carried 6— 0. 2. Consider, and act upon, a Site Plan for Village East Apartments on Lot 1, Block 24 of Railroad addition measuring 0.956 acres. Property located at 105 S 5th Street. Staff Comments Mr. Molina stated that the applicant is proposing to develop a 443.50 square feet addition to the existing office building of the Village East Apartments. The Zoning Board of Adjustments approved a variance for this addition on August 19, 2019. The new construction is to match the exterior materials of the existing apartment complex. Commissioners Action A motion was made by Commissioner McCrossin, and seconded by Commissioner Plunk, to approve a Site Plan for Village East Apartments on Lot 1, Block 24 of Railroad Addition measuring 0.956 acres. Property located at 105 S 5tn Street. A vote was taken and carried 6—0. 3. Consider, and act upon, a Site Plan for Wylie High School, on Lot 1, Block A of Wylie High School on 78.341 acres. Property located at 2550 W. FM 544. Staff Comments Mr. Molina stated that the applicant is proposing to expand classrooms from 117 to 164 and add a multi- purpose gym that also functions as a storm shelter. The plan also provides an increase in parking to 1,112 spaces. The exterior materials of the additions are to match the look of the existing building and are comprised of brick, stone veneer and cast stone. Commissioner Plunk questioned the screening of the HVAC units. Staff stated that the property is zoned Agricultural District (AG/30) and screening is not required for this district. Commissioners Action Minutes September 17,2019 Planning&Zoning Page 2 A motion was made by Commissioner Emerson, and seconded by Commissioner Rogers, to approve a Site Plan for Wylie High School, on Lot 1, Block A of Wylie High School on 78.341 acres. Property located at 2550 W. FM 544. A vote was taken and carried 6—0. Public Hearing 1. Hold a Public Hearing and consider, and act upon, a recommendation to the City Council regarding a residential Replat Lot 1, Block A of Wylie High School Addition to create Lot 1R, Block A to allow for adjustments to utility and fire lane easements, property located at 2550 E. FM 544. Staff Comments Mr. Molina stated that the purpose of the replat is to relocate and label utility and fire lane easements. In August, 2019 the Commission approved a site plat for the property that increased the number of classrooms and parking spaces, and added a multi-purpose gym. Public Comments Chair Owens opened the Public Hearing. With no one approaching the Commissioners, Chair Owens closed the Public Hearing. Board Action A motion was made by Commissioner McCrossin, and seconded by Commissioner Riner to recommend approval to the City Council regarding a residential Replat of Lot 1, Block A of Wylie East High School Addition to create Lot 1R, Block A to allow for adjustments to utility and firelane easements, property located at 3000 Wylie East Drive. A vote was taken and carried 6—0. 2. Hold a Public Hearing and consider, and act upon, a recommendation to the City Council regarding a final plat of Kellers 1st Addition Lot 3R, Block 6, being a replat of Lots 1R, 3, and 4 of Block 6, establishing one commercial lot on 0.752 acres, generally located on the southwest corner of Jackson Street and Calloway Street. Staff Comments Mr. Molina stated that the purpose of the replat is to create Lot 3R Bock 6 of Kellers lst Addition by combining Lots 1R, 3, and 4 of Block 6. As a corner lot, the northern, eastern and southern sides of the property are required to have a 25 feet setback building line. The western side will have a 10 feet setback building line. Public Comments Chair Owens opened the Public Hearing. With no one approaching the Commissioners, Chair Owens closed the Public Hearing. Board Action A motion was made by Commissioner Rogers, and seconded by Commissioner Emerson to recommend approval to the City Council regarding a Final Plat of Lot 3R, Block 6 of Kellers 1st Addition, being a Replat of Lots 1R, 3, and 4 of Block 6, establishing one commercial lot on 0.752 acres, generally located on the southwest corner of Jackson Street and Calloway Street. A vote was taken and carried 6—0. Minutes September 17,2019 Planning&Zoning Page 3 3. Hold a Public Hearing and consider, and act upon, a recommendation to the City Council regarding a final plat of Kellers 1st Addition Lot 9R Block 5, being a replat of Lots 9 and 10 of Block 5, establishing one commercial lot on 0.376 acres, generally located on the northeast corner of Jackson Street and College Street. Staff Comments Mr. Molina stated that the location of the property is the northeast corner of Jackson Street and College Street, and requested the Commissioners to clarify on the motion. The replat will combine Lots 9 and 10 of Block 5, creating a final plat for Lot 9R Block 5 of Kellers 1st Addition. As a corner lot the eastern and southern sides of the property will have a 25 feet setback building line. The northern and eastern sides will have a 10 feet setback building line. Public Comments Chair Owens opened the Public Hearing. With no one approaching the Commissioners, Chair Owens closed the Public Hearing. Board Action A motion was made by Commissioner McCrossin, and seconded by Commissioner Riner to recommend approval to the City Council regarding a Final Plat of Kellers lst Addition Lot 9R Block 5, being a Replat of Lots 9 and 10 of Block 5, establishing one commercial lot on 0.376 acres, generally located on the northeast corner of Jackson Street and College Street. Chair Owens stated that the next meeting will be held on October 1, 2019. ADJOURNMENT A motion was made by Commissioner Riner, and seconded by Commissioner Emerson,to adjourn the meeting.A vote was taken and carried 6 -0. Randy Owens, Chair ATTEST: Mary Bradley,Administrative Assistant Minutes September 17,2019 Planning&Zoning Page 4 Planning & Zoning Commission AGENDA REPORT Meeting Date: October 1, 2019 Public Hearing: 1 Department: Planning Prepared By: Jasen Haskins Subdivision: N/A Date Prepared: September 23, 2019 Zoning District: Zoning Ordinance Sections 5.1 Exhibits: and 5.2 Subject Hold a Public Hearing to consider, and act upon, a recommendation to City Council regarding an amendment to the City of Wylie Zoning Ordinance (2006-04), Section 5.1 (Land Use Charts) and Section 5.2 (Listed Uses) as they relate to allowed uses within the Neighborhood Services (NS)Zoning District. ZC 2019-13 Recommendation Motion to recommend approval to the City Council regarding an amendment to the City of Wylie Zoning Ordinance (2006-04), Section 5.1 (Land Use Charts) and Section 5.2 (Listed Uses) as they relate to allowed uses within the Neighborhood Services (NS) Zoning District. ZC 2019-13 Discussion On August 13, 2019 Planning Staff and City Council held a work session to discuss multi-family (MF) uses in Neighborhood Services (NS). At the conclusion of that work session, Staff was directed to examine the possibility of removing multi-family uses from the NS district. The result of Staff's examination indicates that changes to the allowed multi-family uses in the Neighborhood Services District should be considered because: • The NS district and it's uses were established in the 2001 `Village Center' Zoning Ordinance (ZO). The Village Center concept and related tenets were largely abandoned in the 2006 ZO. • Generally speaking, cities surrounding Wylie do not allow multi-family uses in NS districts • As Planning best practice, NS districts generally focus on non-residential uses or emphasize commercial components. • Staff mailed notifications to over 400 citizens who live near NS zoned districts and responses indicate support is overwhelmingly in favor of an amendment removing multi-family uses from NS. Based on the aforementioned reasons, Staff is recommending amendments to Sections 5.1 and 5.2 of the Zoning Ordinance, summarized as follows: • Removing Assisted Living, Multifamily, and Single Family (attached) as allowed uses within the NS district. • Changing the Boarding or Rooming House use from a by-right use to a required Special Use Peiiuit(SUP). Page 1 of 2 Page 2 of 2 • Removing the NS district from the text within Section 5.2 of Assisted Living, Multifamily, and Single Family (attached) `additional provisions' definitions, as those uses would no longer be allowed in NS. City Council will consider this item on October 22, 2019 Approved By Initial Date Department Director JH September 25, 2019 Yf�1.1G/4Ali„, WYLIE 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 S bel Meanin "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. The use is permitted in that zoning district only after first obtaining a Special Use Peiruit(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 Peiruit(TUP) as set forth in Section 5.5 Temporary Uses and may include additional provisions. A blank square means that the use is not allowed in that zoning district as a .rinci.al use. ARTICLE 5: USE REGULATIONS w 'IL 1 E Zoning Ordinance FIGURE 5-2 DISTRICT ABBREVIATIONS ABBREVIATED ZONING DISTRICT NAME DESIGNATION Low-Density Residential Districts AG/30 Agricultural District SF-ED Single Family—Estate District Medium Density Residential Districts SF-20/26 Single Family - 20 District SF-10/24 Single Family - 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District BG Business Government District Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District SBO South Ballard Overlay District ARTICLE 5: USE REGULATIONS WYUE Zoning Ordinance FIGURE 5-3 LAND USE TABLES PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed-Use Density Density Residential Residential Residential AG SF- SF- SF- TH M M NS CR CC BG L I H I DT SB A.Agricultural&Animal /30 ED 20/ 10/ F H H 0 Related 26 24 1. Animal Boarding Kennel S S P 1 per 325 sq ft of main with Outside Pens structure 2. Animal Boarding/Kennel S S S P* P* P* 1 per 325 sq ft without Outside Pens 3. Animal Production P* Per approved Site Plan 4. Commercial Greenhouse P* P* P* S P 1 per 300 sq ft of main or Nursery structure 5. Crop Production P* P* none 6. Stable(Commercial) S P* 1 per 3 stalls P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed-Use Density Density Residential Residential Residential B.Residential&Lodging AG/3 SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO 0 ED 20/ 10/ 26 24 1 1. Assisted Living Apartment P* S- P* S 1 per room(L) 2. Bed&Breakfast Inn S S S P* S P* P* P* 1 per room 3. Boarding or Rooming House P* PYS P* P* P* 1 per room(L) 4. Hotel or Motel S P P P P* P 1.25 per room(L) 5. Manufactured Home P* P* P* P* P* P* P* 2 per dwelling 6. Manufactured Home Park P 2 per dwelling 7. Multifamily Dwelling P P- P* P 2 per dwelling 8. Single Family Dwelling, P P W P* P 2 per dwelling Attached 9. Single Family Dwelling, P P P P P 2 per dwelling Detached P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WY'CIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C.Institutional&Community AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DT SBO Service 30 ED 20/ 10/ H 26 24 1. Cemetery or Mausoleum S S S S S S P Per approved site plan 2. Church/House of Worship P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 250 sq ft 3. Civic Center PP PP P P P P 1 per 300 sq ft 4. College or University S S S S S PP P P 9 per classroom*(L) 5. Cultural Arts Facility P* P* P P P P P P 1 per 325 sq ft(L) 6. Day Care Facility S S S S S P* S P* P* P* P* P* P* P* 4 per classroom* 7. Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 2 beds 8. Hospital or Sanitarium P P 1 per 2 beds(L) 9. Library PP PP P P P P 1 per 325 sq ft 10. Mortuary or Funeral Home S P P 1 per 250 sq ft 11.Nursing,Convalescent P* P P 1 per 4 beds(L) Home or Hospice P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential C. INSTITUTIONAL& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE, 30 ED 20/ 10/ H CONT. 26 24 12.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1.5 per classroom(L) Elementary 13.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 7 per classroom Secondary 14.School,Business P P P P P 9 per classroom 15.School,Technical or Trade P P P P 9 per classroom(L) P=Peiinitted P*—Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential D. Office AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO 30 ED 20/ 10/ H H 26 24 1. Financial Institution (with S S P P 1 per 400 sq ft(L) drive-thru) 2. Financial Institution P P P P P P P 1 per 300 sq ft(L) (without drive-thru) 3. Financial Institution, S S S S S S S 1 per 250 sq ft(L) Alternative 4. General Office P P P P P P P 1 per 400 sq ft(L) 5. Medical Clinic P* P P P* P* P P 1 per 350 sq ft(L) P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS 1, WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential E.Recreational,Entertainment AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO &Amusement 30 ED 20/ 10/ H H 26 24 1. Commercial Amusement or S P S S 1 per 300 sq ft Recreation(Low-Density Inside) 2. Commercial Amusement or S P S S 1 per 100 sq ft Recreation(High-Density Inside) 3. Commercial Amusement or S S S Per approved SUP Recreation(Outside) 4. Community Park, P P P P PPPPPPPPP P Per approved site plan Recreation Center,or Golf Course(Public) 5. Country Club or Golf P P P P PPP S S P P P 4 per green Course(Private) 6. Golf Driving Range S S S S S S S S S S 1.25 per tee(L) 7. Health Club P* P* P* P P P P 1 per 200 sq ft 8. Neighborhood Park or P P P P PPPPPPPPP P P Per approved site plan(L) Playground 9. Sexually-Oriented Business P* 1 per 150 sq ft(L) 10. Shooting Range,Indoor S P 1 per 400 sq ft(L) 11.Theater P P S P P 1 per 200 sq ft P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiiuit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS W 'UE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.Retail,Personal Service& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO Commercial 30 ED 20/ 10/ H H 26 24 1. Animal Clinic or Hospital S S P P 1 per 400 sq ft(L) 2. Automobile Rental S P* P P* P 1 per 400 sq ft(L) 3. Automobile Repair,Major S S P 1 per 400 sq ft(L) 4. Automobile Repair,Minor S P P P S 1 per 300 sq ft(L) 5. Body Art Studio P* P* 1 per 150 sq ft(L) 6. Car Wash S S S Per approved SUP(L) 7. Club or Lodge(Non-profit) P P P P P 1 per 200 sq ft(L) 8. Contractor's Maintenance S P 1 per 500 sq ft main structure Yard (L) 9. Dry Cleaning or Laundry, P P P P P P* 1 per 350 sq ft(L) Drop-Off or Self Service 10. Cleaners(Commercial) S P* P* 1 per 1000 sq ft(L) 11. Equipment Rental S S S P P 1 per 500 sq ft main structure (L) 12.Food Processing S P* P P 1 per 1000 sq ft(L) 13.General Merchandise Store P P P P* P P P 1 per 400 sq ft(L) P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO COM.,CONT. 30 ED 20/ 10/ H 26 24 14.Grocery Store S P P P P 1 per 300 sq ft(L) 15.Home Improvement Center, P P P 1 per 400 sq ft(L) Lumber,Brick,or Building Materials 16.Household Equipment& P P P P P 1 per 500 sq ft(L) Appliance Repair 17.Motor Vehicle Fueling S P P P P Per site plan(L) Station 18.PawnShop P l per 250sgft(L) 19.Personal Service Use P P P P P P 1 per 250 sq ft(L) 20.Restaurant with Drive-in or P* P* P* 1 per 150 sq ft(L) Drive-through Service 21.Restaurant without Drive-in P* P* P* P* P* P* P* P* 1 per 100 sq ft(L) or Drive-through Service 22.Truck,Machinery&Heavy S P 1 per 600 sq ft of main Equipment Sales,Service or structure(L) Repair 23.Vehicle Display,Sales or P P 1 per 500 sq ft(L) Service P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiinit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS W 'UE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF M NS C CC BG L I H I DTH SBO COM.,CONT. 30 ED 20/ 10/ H R 26 24 24. Beer&Wine Package P* P* P* P* P* P* P* 1 per 250 sq ft(L) Sales 25.Antique Shop(Inside Sales) S P* P* P* P* 1 per 250 sq ft(L) 26.Secondhand Goods S P* l per 250 sq ft(L) 27.Used Merchandise S P* P* P* 1 per 250 sq ft(L) Resale/Consignment or Thrift Shop 28.Permanent Cosmetic P* P* P* P* P* 1 per 250 sq ft(L) Establishment P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiinit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS IA 1 WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.Utility,Transportation& AG/ SF- SF- SF- TH MF M NS C CC BG L I H I DTH SBO Public Service 30 ED 20/ 10/ H R 26 24 1. Airport,Heliport or Landing S P P Per approved site plan(L) Field 2. Animal Shelter P P 1 per 750 sq ft of main structure 3. Commercial Bus Station, S P P Per approved site plan(L) Terminal or Service Facility 4. Commercial Radio or TV S SPP Per approved site plan(L) Transmitting Station 5. Electric Substation or Gas S P Per approved site plan Regulator Station 6. Helipad S SPP Per approved site plan 7. Local Utilities P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Per approved site plan 8. Mounted Antenna S S S S S P* P* P* P* P* P* P* P* P* none 9. Police or Fire Station P P P P P P PPP PP P P P Per approved site plan 10.Post Office S S S S P PPP PP P P P Per approved site plan(L) 11.Radio,Television or S S S S S Per approved SUP Microwave Tower 12.Railroad Yard P Per approved site plan P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS IA 1 W 'UE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential G.UTILITY,TRANS.&PuBLIC AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO SERVICE,CONT. 30 ED 20/ 10/ H 26 24 13.Sewage Treatment Plant S Per approved SUP 14.Telecommunications Tower S S S S S S S S S S S P* P* Per approved site plan 15.Telephone Exchange S P S P P Per approved site plan without Shops or Offices 16.Transit Passenger Shelter P P P P P P P P P P P P P P P Per approved site plan 17.Utility or Government S P P S S S P P S S Per approved site plan Installation other than listed 18.Water Treatment Plant, P P Per approved site plan Reservoir or Water Storage P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiinit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential H.Industrial&Manufacturing AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO 30 ED 20/ 10/ H 26 24 1. Asphalt or Concrete Batch S Per approved SUP(L) Plant 2. Industrial(Inside) P* P* 1 per 1000 sq ft(L) 3. Industrial(Outside) S S Per approved site plan(L) 4. Light Assembly& P P P 1 per 1000 sq ft(L) Fabrication 5. Mining S S Per approved SUP 6. Printing&Publishing P P P P* P* 1 per 750 sq ft 7. Salvage or Reclamation of S 1 per 1000 sq ft(L) Products(Inside) 8. Salvage or Reclamation of S Per approved SUP(L) Products(Outside) P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYLIE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential I. Wholesale,Distribution& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO Storage 30 ED 20/ 10/ H 26 24 1. Auto Auction S Per approved site plan(L) 2. Contractor's Maintenance P* P P Per approved site plan(L) Yard 3. Freight Terminal P Per approved site plan(L) 4. Landfill S Per approved SUP 5. Livestock Auction Pens or S Per approved SUP(L) Sheds 6. Mini-warehouse(Self- S S 1 per 20 units storage) 7. Office S P P P* P 1 per 750 sq ft(L) Showroom/Warehouse 8. Outside Storage P P Per approved site plan(L) 9. Recycling Collection Center S S S P Per approved site plan(L) 10. Warehouse/Distribution S P 1 per 1500 sq ft(L) Center P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiinit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS w 'U I E Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential J.Accessory Uses AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO 30 ED 20/ 10/ H 26 24 1. Accessory Agricultural P* S None Buildings 2. Accessory Community P* P* P* P* P* P* P* P* P* P* P* P* 1 per 300 sq ft Center(Private) 3. Accessory Game Court P* P* P* P* P* P* P* P* P* S P* P* None/Per approved site plan (Private) 4. Accessory Outside Display P* P* P* P* P* P* None of Merchandise 5. Accessory Outside Sales P* P* 1 per 500 sq ft 6. Accessory Outside Storage S P* P* None 7. Amateur Communication P* P* S S S P* P* P* P* P* P* P* None Tower 8. Caretakers S PPPPP P P P P 1 per 1000 sq ft Quarters/Domestic or Security Unit 9. Home Occupation P* P* P* P* P* P* P* None 10.Private Stable P* P* None 11.Swimming Pool(Private) P* P* P* P* P* P* P* P* P* P* P* P* S S None P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiinit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS IA 1 WYUE Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low- Medium- High-Density Commercial Industrial Mixed Uses Density Density Residential Residential Residential K.Temporary Uses AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO 30 ED 20/ 10/ H 26 24 1. Christmas Tree Sales T T T T T T T T 1 per 1000 sq ft 2. Occasional Sale/Garage P P P P P P P T T None Sale 3. Seasonal Sales Stand T T T T T 1 per 1000 sq ft 4. Temporary Concrete or T T T T T T T T T T T T Per approved site plan Asphalt Batch Plant 5. Temporary Construction T T T T T T 1 per 300 sq ft Yard,or Construction or Sales Office 6. Temporary Crop Production p T T T T T T T T T T T T T None 7. Temporary Grazing T T T T T T T T T T T T None 8. Temporary Living Quarters T T 2 per dwelling 9. Traveling Show,Carnival or T T Per approved site plan Circus P=Peiinitted P*=Peiinitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Peiinit. (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS WYLIE Zoning Ordinance THIS PAGE INTENTIONALLY LEFT BLANK ARTICLE 5: USE REGULATIONS J Gr WY L.I E Zoning Ordinance SECTION 5.2 LISTED USES All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use Charts. A. Agricultural&Animal-Related Uses 1. Animal Boarding/Kennel with Outside Pens 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. 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. 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. Additional Provisions: AG/30 Districts: (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 the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (4) 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. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (5) 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. SF-ED Districts: (1) Site must be surrounded by Agricultural or Estate District zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 10 acres. (3) Equine species only. Swine and poultry prohibited. (4) The area used for the production of animals shall be set back from the front and rear property line a minimum 150 feet, and from the side property line a minimum of 75 feet. (5) Structures may be erected for a private stable, pen, barn, shed or silo for raising, treating, and storing products raised on the premises as an accessory structure only, and may not exceed 2% of the lot area. 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. 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 of land 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. Additional Provisions: (1) Crop production shall require at least a 5 acre land area. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (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. 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. (4) Additional parking may be required for the parking of trailers if any events are planned or conducted on the property which will draw horses from other stables or other conditions are specifically identified that require parking of horse trailers on the property. B. Residential&Lodging Uses 1. Assisted Living Apartment a. Definition: 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. 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 ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance a. Definition: 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. 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. 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. 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. Additional Provisions: DTH: No motels are permitted. 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 ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance 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. Additional Provisions: All permitted districts: 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. 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. (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. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (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 of floor area or, 10 square feet of floor area for each transient space in the manufactured home park, whichever 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: ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E 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. Internal 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. i. 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. If no 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. 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 of 30 or more units the following shall be provided: ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (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. f,S&-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. Additional Provisions: 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. 9. Single Family Dwelling, Detached Definition: Single family dwellings means one dwelling unit located on a lot. C. Institutional& Community Service Uses 1. Cemetery or Mausoleum ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance 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. 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. 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. Civic Center Definition: A Civic Center is a building or complex of buildings that house municipal offices and services, and which may include, but are not limited to, cultural, recreational, athletic, convention or entertainment facilities owned, managed, or operated, in whole or in part by a governmental agency. 4. College or University Definition: A college or university is an academic institution of higher learning beyond the level of secondary school. 5. Cultural Arts Facility a. Definition: 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. Additional Provisions: NS & CR districts: Structure shall be no more than 10,000 square feet in area. 6. Day Care Facility ARTICLE 5: USE REGULATIONS A„ J Gr WY L.I E Zoning Ordinance 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. Additional Provisions: All permitted districts: (1) No overnight accommodations shall be provided. (2) State license required. 7. 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. Additional Provisions: (1) State license required. (2) No group home shall be established within 750 feet of another group home. 8. Hospital or Sanitarium Definition: Hospitals & sanitariums mean an institution where sick or injured patients are given medical treatment. 9. Library Definition: Library means a nonprofit establishment for the loan or display of books. 10. Mortuary or Funeral Home Definition: Mortuary,funeral home means a facility in which dead bodies are prepared for burial or cremation and where funeral services may be conducted. ARTICLE 5: USE REGULATIONS AI J Gr WY L.I E Zoning Ordinance 11. 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. 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. 12. 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. Additional Provisions: All permitted districts: Pick-up and drop-off areas which will accommodate 4 school buses shall be provided on-site. 13. 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. 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. 14. School, Business 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. ARTICLE 5: USE REGULATIONS AI J Gr WY L.I E Zoning Ordinance 15. School, Technical or Trade 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. D. Office Uses 1. Financial Institution,with drive-through a. Definition: Bank headquarters or branch of a financial institution with drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union for the custody, loan or exchange of money, and the extension of credit that provides drive-in window service for customers in motor vehicles. This term excludes a check cashing or payday loan establishment, loan or mortgage broker, stockbroker or other financial institution without a state bank charter. An automatic teller machine is not considered a bank. b. Additional Provisions: The minimum stacking space for the first vehicle stop for a commercial drive-through shall be 100-feet, and 40-feet thereafter, for any other stops. 2. Financial Institution,without drive-through Definition: Bank headquarters or branch of a financial institution without drive-through window means a facility granted a charter under the Texas Department of Banking as a state-chartered bank, savings and loan, or credit union 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. This term excludes a check cashing or payday loan establishment,or other financial institution without a state bank charter.An automatic teller machine is not considered a bank. 3. Financial Institution,Alternative a. Definition: A non-depository, check cashing business, payday advance or loan establishment, money transfer business holding a Money Transmission or Currency Exchange license with the Texas Department of Banking, car title loan business or a stand alone automatic teller machine on a single lot as a primary use. b. Additional Provisions: In addition to requiring a Specific Use Permit, an Alternative Financial Institution as defined in Section 5.1.D.3, shall comply with the following regulations: (1) Hours of operation shall be established by City Council; ARTICLE 5: USE REGULATIONS A„ J Gr WYLIE Zoning Ordinance (2) No outside queuing; (3) Must have an indoor waiting area large enough to accommodate all customers; (4) A lot containing an alternative financial institution shall be located at least 1,000 feet from any lot containing another alternative financial institution, as measured in a straight line between the nearest point from one property line to the other property line. (5) No lot containing an alternative financial institution shall be located within 500 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) A lot containing an alternative financial institution shall be located at least 300 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one property line to the other property line. 4. General Office Definition: General office means a place for the regular transaction of business. 5. 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. Additional Provisions: NS District: If the building is over 5,000 square feet, an SUP is required. LI and HI 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. Low-Density Definition: Low-Density 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, where the space used by the equipment for the games or entertainment preclude occupancy of a majority of the floor space. These types of uses include, but are not limited to bowling alleys, miniature golf, and practice cages. b. High-Density Definition: High-Density 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, where a majority of the floor area is usable for occupancy. This use typically include but are not limited to billiard parlors, arcades, and other coin-operated machines. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS J Gr WY L.I E Zoning Ordinance 2. Commercial Amusement or Recreation, Outside Definition: 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. 3. Community Park, Recreation Center, or Golf Course, Public 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. 4. Country Club or Golf Course, Private 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. 5. Golf Driving Range Definition: Golf Driving Range is an area used for hitting golf balls. A driving range may include an indoor management office. 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. 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. 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: 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; A„I J Gr WY L.I E Zoning Ordinance (b) Experience with similar recreation facilities; 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: No parking is required when the use: is less than 3 acres in size, is completely located within a residential neighborhood, has no structural facilities beyond playground equipment, and is not adjacent to a collector or larger street. Otherwise parking is determined by the site plan. 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. 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. 9. Shooting Range, Indoor 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. 10. Theater Definition: Theater means a facility for showing motion pictures or staging theatrical performances or other performing arts to an audience inside an enclosed structure. 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. 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. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (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. Definition: Automobile rental means a facility for the rental of vehicles including automobiles, vans, and light trucks under 6,000 pounds gross vehicle weight. b. 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 any one time. 3. Automobile Repair, Major 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. 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. 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. 5. Body Art Studio a. Definition: A Body Art Studio, whether public or private, temporary or permanent, in nature or location, whose services include tattooing, body piercing and/or body art, whether or not for profit, are performed, including mobile body art establishments. b. Body Art shall mean the placing or inserting of designs, letters, figures, symbols, or other indelible marks upon or under the skin of any person, using ink, scarring or other A„I J Gr WY L.I E Zoning Ordinance 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. This includes the practice of physical body adornment by establishments and operators/technicians using, but not limited to, any of the following techniques: body piercing, tattooing, branding, scarification, and non-medical implants. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin, which shall not be performed in a body art establishment or cosmetic tattooing as defined in this Section. Nor does this definition include, piercing of the outer perimeter or lobe of the ear with pre-sterilized single-use stud and clasp ear piercing systems, the application of gemstones or other objects and adornments to the skin via the use of temporary adhesives, or the application of temporary tattoos or markings that do not involve the piercing of the skin and may be washed away with soap and water or otherwise naturally disappear within weeks or a few months after application (e.g., henna or body or face painting). c. Additional Provisions: Certifications of Occupancy for Body Art Studios must be held by a person licensed by the State of Texas, as set forth in Chapter 146 of the Texas Health and Safety Code, as such may be from time to time amended and such facilities must meet all environmental health requirements of the City of Wylie and the State of Texas. 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. Additional Provisions: (1) The following off-street stacking spaces are required: Type of Car Wash Total Number of Stacking Spaces Required Single unit, not 2 automated Automated single unit 2 Tunnel unit 5 A„ J Gr WYLIE Zoning Ordinance (2) Bay openings shall not face public streets or adjoining residential properties. (3) All washing facilities shall occur under a roofed area with at least two walls. (4) Vacuuming and/or detailing area may be outside the building but shall not be within 50 feet of the front property line and shall not be closer than 100 feet from any residential district. (5) Vacuuming and/or detailing area may be outside the building, but shall not be within 200 feet of the rights-of-way for any 4 lane divided or greater thoroughfare as indicated on the most current Thoroughfare Plan. (6) The building shall not be less than 150 feet from any residential district. (7) A permanent screening fence or wall not less than six feet in height shall be constructed along any site property line which abuts a residential district. During site plan review, the Commission may allow a living screen to be combined with or in lieu of the solid screening. 7. Club or Lodge, Non-profit Definition: 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. 8. Contractor's Maintenance Yard Definition: Contractor's maintenance yard means a facility for the storage and maintenance of contractor's supplies and operational equipment. 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. b. Additional Provisions: (1) The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) 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. Additional Provisions: ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance 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. Additional Provisions: None. 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. Additional Provisions: CR District: Structure must be 10,000 square feet or less. 13. General Merchandise Store Definition: General merchandise means a retail store for the sale or trade of general merchandise. 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. 14. Food Store Definition: Food store means a retail store for the sale of food. This definition includes general merchandise stores, such as convenience stores, supercenters, and pharmacies that have 20% or more of the floor space, including aisle space, dedicated to food stuffs. This use does not include other uses in this article that are specifically listed. 15. Home Improvement Center, Lumber, Brick, or Building Materials 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. 16. Household Equipment &Appliance Repair 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. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS J Gr WY L.I E Zoning Ordinance 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. 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 licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. b. Additional Provisions: Must be licensed in accordance with the Texas Finance Code Chapter 371, and as amended. 19. Personal Service Use 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. 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. A„I J Gr WY L.I E Zoning Ordinance (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. Additional Provisions: (1) The minimum stacking space for the first vehicle stop for a commercial drive- through shall be 100-feet, and 40-feet thereafter, for any other stops. (2) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (3) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 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. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as "P*" on the Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5. c. Additional Provisions for BG District: Restaurant Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. 22. Truck, Machinery & Heavy Equipment Sales, Service or Repair ARTICLE 5: USE REGULATIONS AI J Gr WY L.I E Zoning Ordinance Definition: 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 farm equipment and recreational vehicles over 6,000 pounds in weight. 23. Vehicle Display, Sales or Service 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. 24. Beer &Wine Package Sales. a. Definition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer& Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not permitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential component,because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: (a) Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and DTH zoning districts; (b) Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75% of its gross revenue from the sale of beer and/or wine, measured building-to-building (or outer wall of the lease space) in a straight line; A„ J Gr WYLIE Zoning Ordinance (c) Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district; and (d) Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church, public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school, public or private college/university, rehabilitation center, or child or adult day care. 25. Antique Shop (Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period,with all sales and storage occurring inside a building. An Antique Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household good, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past ears. b. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition: Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. b. Additional Provisions: All permitted districts: (1) SUP required in NS District. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS AI J Gr WY L.I E Zoning Ordinance (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight"for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. b. Additional Provisions: (1) SUP required in NS District (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. 28. Permanent Cosmetic Establishment a. Definition: Permanent Cosmetic Establishment means the practice commonly known as permanent makeup, in which micropigmentation or intradermal cosmetics are applied by trained personnel to permanently or semi-permanently simulate the appearance of common cosmetic applications such as eyeliner, lip liner, lip color, eyebrow enhancement, and beauty marks; or to otherwise permanently or semi-permanently restore or improve the appearance of damaged or disfigured skin or other bodily features to natural coloration and condition. b. Additional Provisions: Certificates of Occupancy for Permanent Cosmetic Establishments must be held by a person licensed by the State of Texas, as set forth in A„ J Gr WY L.I E Zoning Ordinance Chapter 146 of the Texas Health and Safety Code, as such may be from time to time amended and such facilities must meet all environmental health requirements of the City of Wylie and the State of Texas. G. Utility, Transportation&Public Service Uses 1. Airport, Heliport or Landing Field Definition: Airport, heliport, or landing field means a facility for the taking-off or landing of fixed or rotary wing aircraft. 2. Animal Shelter Definition: 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. 3. Commercial Bus Station, Terminal or Service Facility Definition: Commercial bus station and terminal means a privately owned or operated facility for the boarding and discharge of bus passengers. 4. Commercial Radio or TV Transmitting Station Definition: 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. 5. Electric Substation or Gas Regulator Station 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. 6. Helipad 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. 7. Local Utilities a. Definition: 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. Additional Provisions: ARTICLE 5: USE REGULATIONS A„ J Gr WY L.I E Zoning Ordinance 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. Additional Provisions: All permitted districts: (1) Antennas mounted on buildings. (a) Roof-mounted telecommunications antennas are allowed on buildings in all zoning districts, provided: (b) 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 (c) 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. (d) 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. (e) Roof-mounted antennas and associated equipment may be screened with enclosures or facades 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 15-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 ARTICLE 5: USE REGULATIONS AI J Gr WY L.I E Zoning Ordinance 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 Definition: Police or Fire station means a facility operated by a governmental entity as a police or fire station. 10. Post Office Definition: Post office means a government facility for the transmission, sorting, and local distribution of mail. 11. Radio, Television or Microwave Tower Definition: Radio, television or microwave tower means a structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum. 12. Railroad Yard Definition: Railroad yards mean a facility for storing and making up trains. 13. Sewage Treatment Plant Definition: Sewage treatment plant means a facility for receiving and treating sewage from the City sanitary sewer system. 14. Telecommunications Tower a. Definition: Telecommunications tower means a structure more than 10 feet tall, built primarily to support one or more telecommunications antennas. b. 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. ARTICLE 5: USE REGULATIONS A„ J Gr WY L.I E Zoning Ordinance (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 Federal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by a minimum of 3 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. (11) 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 EIA-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. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS J Gr WY L.I E Zoning Ordinance (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 determined 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 greater than 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. (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 Definition: Telephone exchange without shops or offices means a facility for the switching and routing of telephone transmissions. 16. Transit Passenger Shelter ARTICLE 5: USE REGULATIONS A„ J Gr WY L.I E Zoning Ordinance 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. 17. Utility or Government Installation other than listed 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. 18. Water Treatment Plant, Reservoir or Water Storage 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. H. Industrial &Manufacturing Uses 1. Asphalt or Concrete Batch Plant Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the mixing of concrete or asphalt. 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. 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. Additional Provisions: All permitted districts: Hazardous or high risk uses require a Special Use Permit. 4. Light Assembly & Fabrication A„I J Gr WY L.I E Zoning Ordinance Definition: 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. 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: 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. 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. 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. Additional Provisions: SBO/DTH: Size limited to 4,000 square feet of floor area. 7. Salvage or Reclamation of Products, Inside 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. 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. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance b. 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 of 20 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 7.1_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 Definition: Auto auction means a facility for the auction of automobiles, vans, and light trucks used as personal vehicles. 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. Additional Provisions: CC District: All outside storage areas shall be entirely screened from view of streets and adjacent residential property with a masonry wall. A„ J Gr WY L.I E Zoning Ordinance 3. Freight Terminal Definition: Freight terminal means a facility for the transfer and storage of freight. 4. Landfill 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. 5. Livestock Auction Pens or Sheds a. Definition: Livestock auction pens or sheds means a facility for the auction of livestock. b. 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 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. 7. Office Showroom/Warehouse a. Definition: 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. Additional Provisions HI District: Retail uses limited to 10 percent of the gross floor area. 8. Outside Storage Definition: Outside storage means a lot used for the outside storage of an item for a period in excess of 24 hours. 9. Recycling Collection Center Definition: 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. 10. Warehouse/Distribution Center ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance Definition: 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. 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. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. (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. SF-ED District: Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. 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. 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. A„I J Gr WY L.I E Zoning Ordinance b. 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. (3) This accessory use may be required to provide parking if the adjacent properties would be adversely affected by on-street parking 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. 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. (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, whichever 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. 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. ARTICLE 5: USE REGULATIONS AI J Gr WY L.I E Zoning Ordinance (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. 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. 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. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS A„ J Gr WY L.I E Zoning Ordinance b. Additional Provisions: All permitted districts: (1) 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. 8. Caretakers Quarters, Domestic or Security Unit 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. 9. Home Occupation a. Definition: 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 premises. b. 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) There shall be no more than two(2)employees who do not reside on the premises. (4) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (5) There shall be no outdoor storage of materials or equipment. There shall be no visible merchandise be visible from outside the dwelling. (6) The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (7) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. (8) A property owner may seek a variance to this ordinance in accordance with Article 8, Section 8.4 to the Zoning Board of Adjustment. (9) As defined by the Human Resource Code, Chapter 42 an "In-home Day Care" or a "Family home" that is certified, listed or registered with the State of Texas is exempt from this Ordinance, and governed by the rules and regulations of the State of Texas. 10. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner. b. 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 of land. (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. 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. A„I J Gr WY L.I E Zoning Ordinance 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. 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. (2) Upon completion of the temporary use, the site shall be cleaned, all evidence of its use removed. (3) 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: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 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. 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. ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (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. 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) Off-street parking requirements for this use may be satisfied by using existing parking spaces for other uses located within 500 feet of the Seasonal Sales Stand, 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: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 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. 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. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (6) All equipment, materials, and debris shall be cleared off the site and the site shall be completely cleaned upon completion of the project. (7) 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: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 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. Additional Provisions: All required districts: (1) 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. (3) 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: (a) Adequately accommodate the parking needs of the use; and (b) Will not adversely affect surrounding uses. 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. Additional Provisions: All 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 premises. (3) A temporary use permit for crops 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. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance (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. 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 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 permit 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. Additional Provisions: All permitted districts: A temporary use permit 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 Definition: Traveling show, carnival or circus means a temporary traveling show or exhibition that has no permanent structure or installation. A„I J Gr WYLIE Zoning Ordinance 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 permitted as an accessory use without being separately listed as a permitted 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. SECTION 5.4 SPECIAL USE PERMITS A. Purpose The Special Use Permit 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 permits 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 Permit is required for a use to be permitted in a zoning district. The Special Use Permit requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Each Special Use Permit 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 Permit 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 Permit based on the review criteria in "E", below. E. Review Criteria In granting a Special Use Permit, 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. ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance F. Additional Conditions The Commission and Council may impose reasonable conditions upon the granting of a Special Use Permit 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 Permit is requested. 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-for-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 ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance 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. 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. 5. 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 5 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 permanent 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. 5. 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). ARTICLE 5: USE REGULATIONS ARTICLE 5: USE REGULATIONS A„I J Gr WY L.I E Zoning Ordinance 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. 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. ARTICLE 5: USE REGULATIONS , ,,f,i,,,,,,:,,,,,, : Notification Map M1 �' ' VV, a N m , /(, 4 u► m II- �. �, �'» N;,"SQL v / / y . .:0li; Ji �, i_ . 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