Commercial uses are subject to the following regulations:
(1) Appliance fix-it shop.
(A) Definition: A facility for the repair of household and home equipment such as radios, televisions, electrical appliances, lawn mowers, tools, and similar items.
(B) Districts permitted: SC, GR, LC, HC, central area, and industrial districts; specific use permit required in a NS district.
(C) Required off-street parking: One space for each 200 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No outside display or open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(2) Custom furniture construction, repair, or upholstery shop.
(A) Definition: A facility for making, repairing, or reupholstering furniture on a single item basis.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 500 square feet of floor area; a minimum of two spaces is required.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) Specialized equipment for custom making, repairing, and reupholstering furniture is permitted under this use.
(3) Building repair and maintenance shop.
(A) Definition: A facility providing general building repair and maintenance service.
(B) Districts permitted: GR, LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 300 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No outside display or open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(4) Plumbing, electrical, air conditioning, and heating shops.
(A) Definition: A facility providing supplies, repair, and installation of plumbing, electrical, air conditioning, and heating equipment.
(B) Districts permitted: GR, LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 300 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(5) Lumber, brick, or building materials sales yard.
(A) Definition: A facility where brick, lumber, and other similar building materials are sold and stored.
(B) Districts permitted: HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 200 square feet of retail floor area, plus one space for each 1,000 square feet of site area exclusive of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(ii) In all districts where this use is permitted, accessory outside sales and display of merchandise may occupy up to 100 percent of the lot.
(6) Machinery sales and services.
(A) Definition: A facility for selling, servicing, and repairing machinery.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 300 square feet of floor area, or one space for each 1,000 square feet of site area including the floor area, whichever is greater.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No outside welding is permitted under this use.
(ii) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(7) Machine or welding shop.
(A) Definition: A facility in which material is processed by machining, cutting, grinding, welding, or similar processes.
(B) Districts permitted: HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 500 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(8) Tool and equipment rental (inside display only).
(A) Definition: A facility for renting tools and equipment with no outside display.
(B) Districts permitted: SC, GR, LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 200 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No outside display or open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(9) Tool and equipment rental (with outside display).
(A) Definition: A facility for renting tools and equipment with outside display permitted.
(B) Districts permitted: HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 200 square feet of floor area, plus one space for each 1,000 square feet of site area exclusive of buildings.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(10) Petroleum products storage and wholesale.
(A) Definition: A facility for the storage and sale of petroleum products.
(B) Districts permitted: HC and industrial districts.
(C) Required off-street parking: One space for each 2,000 square feet of site area; a minimum of four spaces required.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(ii) In the I-2 and I-3 districts, petroleum products storage and wholesale must be visually screened on any side that is within 200 feet of and visible from a thoroughfare or an adjacent property that is not zoned an I-2 or I-3 district. For purposes of this paragraph, adjacent means across the street or sharing a common lot line.
(11) Monument sales yard.
(A) Definition: A facility for stocking and selling memorial stones and gravestones.
(B) Districts permitted: LC, HC, CA-2, I-2, and I-3 districts.
(C) Required off-street parking: One space for each 200 square feet of retail floor area, plus one space for each 1,000 square feet of site area, exclusive of buildings.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No open storage is permitted under this use unless the use is in a district where open storage is permitted as a main use.
(12) Mining.
(A) Definition: The extraction, removal, or stockpiling of earth materials, including soil, sand, gravel, oil, 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 code. The following are not considered mining:
(i) The extraction, removal, or stockpiling of earth materials incidental to an approved plat or excavation permit, incidental to construction with a building permit, or for governmental or utility construction projects such as streets, alleys, drainage, gas, electrical, water, and telephone facilities and similar projects.
(ii) The extraction, removal, or stockpiling of earth materials incidental to construction of landscaping, retaining walls, fences, and similar activities consistent with the land use allowed at the site of removal.
(iii) Gas drilling and production. See 51-4.213(19).
(B) Districts permitted: Specific use permit required in MH, A, O-2, commercial, central area, and industrial districts.
(C) Required off-street parking: None.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) The applicant shall submit a site plan of existing conditions, operations plan, reclamation plan, and the proposed bond to the director for review and recommendation.
(ii) If a specific use permit is granted, the city shall inspect and monitor the mining and reclamation operation at least once annually.
(iii) A specific use permit may not be issued for mining on city park land.
(F) Site plan of existing conditions: The applicant shall submit a site plan of existing conditions that includes:
(i) a site location map on a small scale showing major circulation routes and other landmarks which would aid in the location of the site;
(ii) contours shown at no greater than five-foot intervals;
(iii) connection to roads outside the site;
(iv) location, identification, and dimensions of all public and private easements;
(v) location of flood plain, water bodies, natural and man-made channels (wet and dry), and subsurface channels;
(vi) tree and other vegetation groupings, rock outcroppings, and other significant natural features;
(vii) location and depth of any known former or current mines or landfills in or within 500 feet of the boundaries of the excavation and an indication of the type of fill used;
(viii) analyzed core samples if the city determines that contaminants may be present; and
(ix) any other information the director determines is reasonably necessary for a complete review of the proposed operations.
(G) Operations plan: The applicant shall submit an operations plan that includes:
(i) storage of reclamation topsoil and methods of disposing of all material not to be sold or reclaimed;
(ii) hours of operation;
(iii) location and depth of excavation;
(iv) drainage and erosion control measures;
(v) method for the disposal of contaminants, if present;
(vi) roads to be used for transportation of stone, sand, or gravel;
(vii) fences or any other barriers necessary for safety;
(viii) noise and dust control measures;
(ix) the length of time necessary to complete the mining and reclamation of the site; and
(x) any other information the director determines is reasonably necessary for a complete review of the proposed operations.
(H) Reclamation plan: The applicant shall submit a reclamation plan that is verified by a registered surveyor. The reclamation plan must show the reclamation of the entire site upon completion of operation and phases of reclamation to be completed at no greater than five-year intervals. The reclamation plan must include the following information:
(i) contours shown at no greater than five-foot intervals with slopes not steeper than a three-to-one (horizontal to vertical) ratio;
(ii) circulation routes, including roadways, any internal circulation, rights-of-way, and connections to roads outside the site;
(iii) location, identification, and dimensions of all public and private easements;
(iv) location of flood plain, water bodies, natural and man-made channels (wet and dry), subsurface dams, dikes, or channels;
(v) location of any areas to be filled with water including a description of the source of the water, the means of water retention, and the prevention of stagnation and pollution;
(vi) location and type of vegetation;
(vii) structures (including height), utilities, and proposed land uses, if any;
(viii) the amount of the performance bond that will be posted in accordance with Subparagraph (I) below; and
(ix) any other information the director determines is reasonably necessary for a complete review of the proposed operation.
(I) Performance bond:
(i) The applicant shall post a performance bond with the city controller before passage of the ordinance granting the specific use permit. The performance bond must be approved as to form by the city attorney.
(ii) The bond must be twice the estimated cost to the city of restoring the premises in a manner shown on the reclamation plan. The amount of the bond shall be determined by the director on the basis of relevant factors including expected changes in the price index, topography of the site, project methods being employed, depth and composition of overburden, and data provided in the reclamation plan.
(iii) The bond must be issued by a surety company licensed to do business in Texas. The applicant may deposit cash, certificates of deposit, or government securities in lieu of a bond. Interest received on deposits and securities must be returned to the applicant upon the approval of reclamation of the site.
(iv) The director shall conduct a final inspection to determine whether the site has been reclaimed in accordance with the specific use permit. Final inspection must be made not more than two years after the expiration of the specific use permit. A registered surveyor provided by the applicant shall verify the final topography of the site.
(v) The director shall report to the city council on the completion of the project. The city council shall determine by resolution whether the reclamation has been completed in accordance with the specific use permit and whether the performance bond should be released.
(vi) The city controller shall release the bond or deposit if the city council finds that the applicant has completed reclamation of the site in accordance with the specific use permit. If the site is not restored in accordance with the reclamation plan, the director shall use the bond or deposit to restore the site in accordance with the plan.
(13) Sand, gravel, or earth sales and storage.
(A) Definition: A facility for storing and selling sand, gravel, and earth.
(B) Districts permitted: I-3 districts; specific use permit required in A, HC, and I-2 districts.
(C) Required off-street parking: A minimum of five spaces.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No mining is permitted under this use.
(ii) In all districts, where this use is permitted, accessory outside sales, display of merchandise, or storage may occupy up to 100 percent of the lot.
(iii) In the I-2 and I-3 districts, sand, gravel, or earth sales and storage must be visually screened on any side that is within 200 feet of and visible from a thoroughfare or an adjacent property that is not zoned an I-2 or I-3 district. For purposes of this paragraph, adjacent means across the street or sharing a common lot line.
(14) Job printing, lithographer, printing, or blueprinting plant.
(A) Definition: A facility for the commercial reproduction of written material or drawings on a bulk basis using lithography, offset printing, blueprinting, and similar methods.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 500 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(15) Duplication shop.
(A) Definition: A facility for the reproduction on standard or legal sized paper of material by office type photocopiers.
(B) Districts permitted:
(i) In general: Commercial, central area, and industrial districts; limited use in O-2, LO, MO, and GO districts.
(ii) A retail-related use: GO districts; specific use permit required in MO districts.
(C) Required off-street parking: One space for each 200 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(16) Custom print shop.
(A) Definition: A facility which performs custom printing.
(B) Districts permitted: LC, HC, central area, and industrial districts; specific use permit required in a GR district.
(C) Required off-street parking: One space for each 200 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No more than two printing presses with a maximum weight of 1,000 pounds each are permitted under this use.
(ii) The floor area for the printing presses may not exceed 400 square feet.
(iii) The noise level under this use may not exceed 63 decibels as measured at the exterior walls of the print shop.
(17) Gummed label printing.
(A) Definition: A facility for the cutting, printing, and binding of labels made from gummed paper.
(B) Districts permitted: GR, LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 200 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(18) Venetian blind or window shade repair, assembly, and sales.
(A) Definition: A facility for the repair, assembly, or sale of Venetian blinds and window shades.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 300 square feet of floor area.
(D) Required off-loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(19) Gas drilling and production.
(A) Definitions:
(i) BOUNDARY means the perimeter of the operation site. OPERATION SITE means the area identified in the SUP to be used for drilling, production, and all associated operational activities after gas drilling is complete.
(ii) ENVIRONMENTALLY SIGNIFICANT AREA means an area:
(aa) with slopes greater than three to one;
(bb) containing endangered species of either flora or fauna;
(cc) that is geologically similar to the Escarpment Zone, as defined in Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood Plain and Escarpment Zone Regulations;”
(dd) identified as wetlands or wildlife habitat;
(ee) determined to be an archeological or historical site; or
(ff) containing more than 1,000 inches of trunk diameter of protected trees, in the aggregate, within a 10,000 square foot area. Trunk diameter is measured at a point 12 inches above grade. To be included in the aggregate calculations of trunk diameter, a protected tree must have a trunk diameter of six inches or more. For purposes of this provision, a protected tree is defined in Section 5A-10.101.
(iii) GAS DRILLING AND PRODUCTION means the activities related to the extraction of any fluid, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, or the extraction of any gaseous vapors derived from petroleum or natural gas.
(iv) HABITABLE STRUCTURE means any use or structure that is not a protected use but has a means of ingress or egress, light, and ventilation. Habitable structure does not include an accessory structure, such as a garage or shed.
(v) PROTECTED USE means institutional and community service uses (except cemetery or mausoleum); lodging uses; office uses; recreation uses (except when the operation site is on a public park, playground, or golf course); residential uses; and retail and personal service uses (except commercial motor vehicle parking or commercial parking lot or garage). Parking areas and areas used exclusively for drainage detention are not part of a protected use.
(vi) See Article XII for additional definitions that apply to gas drilling and production.
(B) Districts permitted: By SUP only in all districts.
(C) Required off-street parking: None.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) See Article XII for additional regulations relating to gas drilling and production. No provision found in Articles IV or XII may be waived through the adoption of or amendment to a planned development district.
(ii) Before an SUP for a gas drilling and production use within a public park, playground, or golf course may be processed, city council must hold a public hearing and make a determination in accordance with Texas Parks and Wildlife Code Chapter 26, “Protection of Public Parks and Recreational Lands.”
(iii) A favorable vote of three-fourths of all members of the city council is required to approve a gas drilling and production use on a public park, playground, or golf course if city council finds that the approval will not harm the public health, safety, or welfare.
(iv) In addition to the findings required in Section 51-4.219 for the granting of an SUP, city plan commission and city council must consider the:
(aa) proximity of a proposed gas drilling and production use to an environmentally significant area; and
(bb) potential impact the proposed gas drilling and production use may have on the environmentally significant area.
(v) Compliance with federal and state laws and regulations and with city ordinances, rules, and regulations is required, and may include platting, a flood plain fill or alteration permit, building permits, and gas well permits. Compliance with these additional regulations may be required before, concurrently with, after, or independently of the SUP process.
(vi) Trailers or mobile homes that are temporarily placed on the operation site and used by gas drilling workers as a residence are a permitted accessory use.
(vii) Once any gas drilling related activity begins on the operation site, the applicant shall limit access to the operation site by erecting an eight-foot-tall temporary chain-link fence. Within 30 days after any well completion activity ceases, an eight-foot-tall permanent fence must be erected and maintained around the perimeter of the operation site. This provision controls over the fence height regulations of the zoning district. City council, by SUP, may require a different form of screening, but may not reduce the fence height requirements of this provision.
(viii) Access to the operation site must comply with the Dallas Fire Code. The operation site plan must be reviewed and approved by the fire marshal before an SUP can be granted.
(ix) The operation site may not have a slope greater than 10 degrees unless the director determines that all equipment is located and activities occur on a portion of the operation site that does not have a slope greater than 10 degrees, there is adequate erosion control, and the slope of the operation site will not be a threat to the public safety or welfare.
(x) The operator shall provide the director with a statement of intent to enter into a road repair agreement before an SUP may be scheduled for a public hearing.
(xi) The director shall revise the zoning district maps upon the granting of an SUP for a gas drilling and production use, to provide a 1,000 foot gas drilling and production use notice overlay around the boundary of the operation site.
(F) Spacing:
(i) Habitable structure.
(aa) Except as otherwise provided in this provision, a gas drilling and production use must be spaced at least 300 feet from a habitable structure.
(bb) If a gas drilling and production use is located on the same property as a habitable structure, the spacing requirements in this provision may be waived for that habitable structure with a favorable vote of two-thirds of all members of the city council if city council finds that the reduction will not harm the public health, safety, or welfare.
(cc) Spacing is measured from the boundary of the operation site in a straight line, without regard for intervening structures or objects, to the closest point of the habitable structure.
(ii) Protected use.
(aa) Except as otherwise provided in this provision, a gas drilling and production use must be spaced at least 1,500 feet from a protected use (except trailers or mobile homes placed on the operation site as temporary residences for workers).
(bb) City council may reduce the minimum 1,500 foot spacing requirement from a protected use by not more than 500 feet with a favorable vote of two-thirds of all members of the city council if city council finds that the reduction will not harm the public health, safety, or welfare.
(cc) If a gas drilling and production use is located on the same property as a protected use, the spacing requirements in this provision may be waived for that protected use with a favorable vote of two-thirds of all members of the city council if city council finds that the reduction will not harm the public health, safety, or welfare.
(dd) If a gas drilling and production use is located on a public park, playground, or golf course, the spacing requirements in this subparagraph do not apply to protected uses or habitable structures located on the public park, playground, or golf course. The spacing requirements in this provision for protected uses and habitable structures off the public park, playground, or golf course use still apply.
(ee) Spacing is measured as follows:
(11) For institutional and community service uses (except cemetery or mausoleum), and residential uses, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the property line of the institutional and community service use (except cemetery or mausoleum) or the residential use.
(22) For recreation uses (except when the operation site is on a public park, playground, or golf course), lodging uses, office uses, and retail and personal service uses (except commercial motor vehicle parking or commercial parking lot or garage), from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the closest point of a physical barrier or demarcation that establishes a boundary of the protected the use. Examples of physical barriers or demarcations include fencing around activity areas, such as play fields, courts, or pools; or edges, borders, or boundaries of maintained areas adjacent to trails, golf courses, or active recreation areas. If the protected use is conducted exclusively inside, from the boundary of the operation site in a straight line, without regard to intervening structures or objects, to the closest point of the structure housing the protected use.
(G) Neighborhood meeting:
(i) Within 60 days after filing an SUP application, the applicant or operator shall, at the applicant or operator’s expense, provide notice of a neighborhood meeting regarding the pending SUP application.
(ii) The applicant or operator shall mail notice of the neighborhood meeting by depositing the notice properly addressed and postage paid in the United States mail. The notice must be written in English and Spanish. The applicant or operator shall mail notice of the neighborhood meeting to all real property owners as indicated by the most recent appraisal district records and all mailing addresses within 2,000 feet of the boundary of the proposed gas drilling and production use operation site.
(iii) The notice of the neighborhood meeting must include:
(aa) the date, time, and location of the neighborhood meeting;
(bb) the identity of the applicant and the operator;
(cc) the location of the pending SUP application;
(dd) information about the proposed gas drilling and production use;
(ee) the purpose of the neighborhood meeting; and
(ff) information about subscribing to the operator’s electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site.
(iv) Within five days after mailing the notice of the neighborhood meeting, the applicant shall file an affidavit with the director swearing and affirming that all real property owners and mailing addresses within 2,000 feet of the boundary of the proposed gas drilling and production use operation site were mailed notice of the neighborhood meeting in accordance with this subparagraph. The affidavit must include a list of the real property owners and mailing addresses to which notice was sent.
(v) The applicant and operator shall attend and conduct the neighborhood meeting not less than seven or more than 21 days after providing notice of the neighborhood meeting. The neighborhood meeting must be held at a facility open to the public near the proposed gas drilling and production use.
(vi) The purpose of the neighborhood meeting is for the applicant or operator to:
(aa) inform the community about the proposed gas drilling and production use;
(bb) explain the operations associated with gas drilling and production, including site preparation, site development and construction, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site; and
(cc) explain and provide information about subscribing to the operator’s electronic notification list to receive updates about when specific operations will occur, including site preparation, drilling, casing, fracturing, pipeline construction, production, transportation, and maintenance of the operation site.
(20) Computer service center.
(A) Definition: A facility for the service and repair of computers.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 500 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(21) Custom commercial engraving.
(A) Definition: A facility for the engraving or etching of items, including, but not limited to trophies and name plates, or the laminating of paper or other items in protective or decorative plastics.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 200 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(22) Garden shop, plant sales, or greenhouse.
(A) Definition: A facility for the growing, display, and sale of garden or flower seeds, plants, nursery stock, and related items.
(B) Districts permitted: SC, GR, LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 500 square feet of floor area, plus one space for each 2,000 square feet of outside sales and display area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) In all districts where this use is permitted, accessory outside sales, display of merchandise, or storage may occupy up to 100 percent of the lot.
(23) Diamond and precious stone sales (wholesale only).
(A) Definition: A facility for the sale of diamonds and precious metals or gems at wholesale only and the occasional mounting of diamonds, precious gems, and jewelry.
(B) Districts permitted:
(i) In general: O-2, commercial, central area, and industrial districts; limited use in LO, MO, and GO districts.
(ii) As a retail-related use: GO districts; specific use permit in MO districts.
(C) Required off-street parking: One space for each 333 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 60,000 | 1 |
Each additional 60,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) Retail sales, factories, and showrooms are not permitted under this use.
(24) Design or decorative center.
(A) Definition: A facility for the display of furniture and relative decorator items.
(B) Districts permitted: LC, HC, central area, and industrial districts.
(C) Required off-street parking: One space for each 700 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 10,000 | NONE |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) No retail sales are permitted under this use.
(ii) This use must have at least 150,000 square feet of floor area use for merchandise display and accessory office use.
(iii) Accessory office use must not exceed 20 percent of the total floor area.
(25) Attached non-premise sign.
(A) Definition: A “non-premise sign” as defined in Article VII that is also an “attached sign” as defined in that article.
(B) Districts permitted:
(i) By express authorization in special provision sign districts.
(ii) By express authorization and SUP only in planned development districts.
(C) Required off-street parking: None.
(D) Required off-street loading: None.
(E) Additional provisions:
(i) This use must be located in or within one mile of the central business district, and be spaced at least 1,000 feet from all other attached non-premise signs.
(ii) The effective area of this use may not exceed 25 percent of the area of the facade to which it is attached, or 672 square feet, whichever is less. No more than 10 percent of the effective area of this use may contain words, and this use may not contain more than eight words.
(iii) An SUP granted for this use must have a time limit of no more than three years, and is not eligible for automatic renewal.
(iv) These use regulations cannot be modified in an ordinance establishing or amending regulations governing a planned development district.
(v) Subparagraphs (i), (ii), and (iii) do not apply when this use is expressly authorized in a special provision sign district.
(vi) No certificate of occupancy is required for this use.
(26) Detached non-premise sign.
(A) Definition: A “non-premise sign” as defined in Article VII that is also a “detached sign” as defined in that article.
(B) Districts permitted: See Section 51A-7.306 in Chapter 51A.
(C) Required off-street parking: None.
(D) Required off-street loading: None.
(E) Additional provisions:
(i) Legal and non-conforming detached non-premise signs may be relocated under certain circumstances. See Section 51A-7.307 in Chapter 51A.
(ii) No certificate of occupancy is required for this use.
(27) Labor hall.
(A) Definitions: In this paragraph:
(i) LABOR HALL means any profit or non-profit public or private entity, whether a corporation, partnership, natural person, or any other legal entity, whose business involves securing temporary unskilled or agricultural employment for a client through the use of a hiring hall or facility where unskilled workers gather to await employment.
(ii) UNSKILLED WORKER means an individual who performs labor involving physical toil that does not require persons engaged in a particular occupation, craft, or trade, or practical or familiar knowledge of the principles or processes of an art, science, craft, or trade.
(B) Districts permitted: By right in the industrial districts when located at least:
(i) 1000 feet from all conforming residential uses; and
(ii) 500 feet from all “public or private school” uses.
Otherwise, by SUP in industrial districts. By SUP only in the LC and HC districts.
(C) Required off-street parking: One space per 500 square feet of floor area.
(D) Required off-street loading:
SQUARE FEET OF FLOOR AREA IN STRUCTURE
| TOTAL REQUIRED SPACES OR BERTHS
|
0 to 50,000 | NONE |
50,000 to 150,000 | 1 |
Each additional 100,000 or fraction thereof | 1 additional |
(E) Additional provisions:
(i) This use must have a lobby or waiting room with a floor area of not less than the greater of 500 square feet or 50 percent of the total floor area of the premises.
(ii) Food may be prepared and served as an accessory use.
(iii) No SUP for a labor hall may be granted for more than a two-year time period. An SUP for a labor hall is not eligible for automatic renewal.
(iv) In determining whether to grant a specific use permit for a labor hall, the city council shall consider its proximity to the main uses listed in Subparagraph (B) of this paragraph, and require that the labor hall meet, as nearly as practicable, the distance requirements set out in that subparagraph.
(v) Measurements of distance under this paragraph are taken radially. “Radial” measurement means a measurement taken along the shortest distance between the nearest point of the building site of the labor hall and the nearest point of the building site of another use.
(vi) This use must comply with all applicable licensing provisions.
(28) Gas pipeline compressor station.
(A) Definition:
(i) BOUNDARY means the perimeter of the compressor station site. GAS PIPELINE COMPRESSOR STATION SITE means the area identified in the SUP to be used for the gas pipeline compressor station.
(ii) GAS PIPELINE COMPRESSOR STATION means a facility for devices that raise the pressure of a compressible fluid (gas) in order for the gas to be transported through a transmission pipeline. This use does not include compressors that are part of a gas drilling and production use that only provide compression for gas to circulate into a gathering system.
(iii) PROTECTED USE means institutional and community service uses (except cemetery or mausoleum); lodging uses; office uses; recreation uses (except when the operation site is on a public park, playground, or golf course); residential uses; and retail and personal service uses (except commercial motor vehicle parking or commercial parking lot or garage). Parking areas and areas used exclusively for drainage detention are not part of a protected use.
(B) Districts permitted: By SUP only in I-3 Industrial Districts.
(C) Required off-street parking: Five spaces.
(D) Required off-street loading: None.
(E) Additional provisions:
(i) A gas pipeline compressor station must be spaced at least 1,500 feet from a protected use, measured from the boundary of the gas pipeline compressor station site in a straight line, without regard to intervening structures or objects, to the closest point of the protected use or areas of the protected use activity.
(ii) To reduce noise, all compressors must be fully enclosed in a building.
(iii) Except as otherwise provided in this subparagraph, the perimeter of the gas pipeline compressor station site must be screened from public view. City council may, by SUP, require a different form of screening but may not reduce the height requirements in this subparagraph. Screening must be at least six feet in height and must be constructed of:
(aa) earthen berm planted with turf grass or ground cover that does not have a slope that exceeds one foot of height for each two feet of width;
(bb) brick, stone, metal, or masonry wall that significantly screens equipment and structures from view;
(cc) landscaping materials recommended for local area use by the chief arborist. The landscaping must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. The initial plantings must be capable of obtaining a solid appearance within 18 months; or
(dd) any combination of the above.
(iv) Unless a specific color is required by federal or state law, all equipment and structures must be painted with a neutral color to match the nearby surroundings as nearly as possible.
(v) To reduce noise and emissions, electric motors must be used on the gas pipeline compressor station unless the operator submits a report to the gas inspector and the gas inspector finds that electric motors cannot be used.
(vi) Internal combustion engines and compressors, whether stationary or mounted on wheels, must be equipped with an exhaust muffler or a comparable device that suppresses noise and disruptive vibrations and prevents the escape of gases, fumes, ignited carbon, or soot.
(vii) Exhaust from any internal combustion engine or compressor may not be discharged into the open air unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of non-combustible materials sufficient to suppress noise and disruptive vibrations and prevent the escape of noxious gases, fumes, ignited carbon, or soot.
(viii) Compressors must comply with the low and high frequency noise requirements in Section 51A-12.204(1), “Noise.” (Ord. Nos. 16807; 16808; 17258; 17446; 18849; 19581; 19652; 21697; 24232; 26920; 27153; 27404; 29228; 29917; 30890)