(A) Specific use permits.
(1) The City Council, by an affirmative vote may, after public hearing and proper notice to all parties affected and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the Master Plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, authorize a specific use permit. Application shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.
(2) Specific use permit regulations:
(a) All applications for a specific use shall be accompanied by two copies of a site plan, as defined in this chapter;
(b) An application for a specific use shall not be accepted unless all requirements of this section are shown on the site plan at the time application is made;
(c) If the property has not previously been platted, or if the specific use requested necessitates a re-plat, an application for approval of preliminary plat shall be filed with the application;
(d) All uses permitted in this district shall meet the minimum requirements for that use or similar type uses provided in the district in which the use or similar type use is permitted. However, the City Council may vary the requirements to allow flexibility for modern urban planning and design;
(e) When any proposed development involves provisions for common areas, such as open space, recreational areas and the like, copies of the proposed articles of incorporation, by-laws and protective covenants shall be filed at the time of application. Provisions shall be made for the permanent care and maintenance of such common areas;
(f) In recommending that a specific use permit for the premises under construction be granted, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space heights of structures and compatibility of building;
(g) Every specific use permit granted under these provisions shall be considered as an amendment to this chapter as applicable to such property under consideration, but shall not be considered as a permanent change in zoning. In the event the building, premises or land uses under the specific use permit is voluntarily vacated or if the ownership is voluntarily transferred or if such building, premise or land is more than 50% destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate specific user permit is granted for continuation of the same;
(h) In granting a specific use permit, the City Council may impose conditions which shall be complied with by the owner or grantee before utilities are connected by the Building Official for use of the building on such property pursuant to such specific use permit;
(i) No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing (or drawings) and approved by the Planning and Zoning Commission;
(j) A building permit shall be applied for and secured within six months from the time of granting the specific use permit, provided, however, that the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission;
(k) No building, premises or land used under a specific use permit may be enlarged, modified, structurally altered or otherwise significantly changed, unless a separate specific use permit is granted for such enlargement, modification, structural alteration or change;
(l) The Board of Adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit;
(m) When the City Council authorizes granting of a specific use permit, the Zoning Map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the appropriate zoning district for the approved use and suffixed by an “S” designation.
(B) Specific uses. A specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated:
Specific Use | District |
Specific Use | District |
Airport landing field or heliport | FD, GR, C, LI, HI |
Art gallery or museum | MF |
Auto sales lot (new and/or used, outside) | GR, CB |
Barber or beauty shop | MF |
Billboards | GR |
Cafeteria | NS |
Cleaning or pressing shop | MF |
Church or rectory | SF-1, SF-2, TF |
College or university | FD, SF-1, SF-2, TF, MF |
Commercial outdoor amusement | FD |
Communication towers/telecommunications facilities | MF, GR, CB, C, PD |
Dance hall | GR |
Day care center | FD, SF-1, SF-2, TF, MF, MH |
Electrical generating plant | FD, LI |
Electrical substation | SF-1, SF-2, TF, MF, MH |
Fairground or exhibit area | FD, GR |
Foster home or juvenile home | MF, NS, GR, C, PD |
Fraternal organization, lodge or civic club | FD, MF |
Greenhouse or plant nursery | NS |
Home for care of alcoholic or psychiatric patients | FD, MF, NS |
Hospital | FD |
Indoor assembly and fabrication | C |
Institutions of a religious or philanthropic nature | SF-1, SF-2, TF, MF |
Livestock auction | FD, LI |
Laundry (self-service) | MF |
Laboratory (scientific research) | FD, MF |
Livestock feeding plant, pens or yards | FD, LI, HI |
Mobile home or trailer park | FD, GR, C, LI, HI |
Modular home | SF-2 |
Mortuary or funeral parlor | NS |
Petroleum collecting or storage facilities | FD, LI |
Parking lot or parking structure | MF, NS
Pawn shops (inside display only)GR |
Promotional event | FD, GR, C, LI, HI |
Public building, shop or yard of local, state or federal government | FD, SF-1 SF-2, TF, MF, NS, GR, MH |
Private country club with golf course | SF-1, SF-2, TF, MF, MH |
Restaurant without drive-in service | NS |
Rodeo grounds | FD |
Roller or ice skating rink | FD |
Sanitary landfill | FD, LI |
Schools - kindergarten, elementary or secondary | FD, SF-1, SF-2, TF |
Scientific research laboratory | FD, MF |
Sewage treatment plant | FD, GR, C, LI, PD |
Swim or tennis club | FD, SF-1, SF1-2, TF, MF, MH |
Tailor shop | MF |
Trade or business school | FD |
Utility business office | FD, PD |
Utility service storage yard or buildings | FD, GR |
Water treatment plant | SF-1, SF-2, TF, MF, NS, MH, GR |
(C) Special uses and activities. The uses or activities in this subsection are permitted subject to the following regulations.
(1) Home occupation.
(a) RESIDENTIAL DWELLING, as used in this section, shall mean a detached building designed, used and occupied exclusively by members of one-family as a residence.
(b) No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.
(c) Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft or economic enterprise shall never exceed 25% of the total of the floor area of the residential dwelling.
(d) To prevent increased traffic congestion in residential areas, no advertising of the occupation, profession, domestic craft or enterprise may be conducted by the use of signs, displays, handbills or other visible indication thereof displayed inside or outside the residential dwellings.
(e) The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
(f) No exterior storage of material, equipment and/or supplies used in conjunction with such occupation, profession, domestic craft or enterprise may be placed, permitted or allowed on the premises occupied by the residential dwelling.
(g) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare beyond the property lines.
(h) Such occupation, profession, domestic craft or enterprise shall be wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.
(i) Only equipment shall be used in such occupation, profession, domestic craft or enterprise that is ordinarily used in a private home in like amount and kind.
(j) A beauty shop, as defined in this chapter, shall not be permitted as a home occupation.
(2) Day care.
(a) Day care centers are subject to minimum rules and regulations of the Texas Department of Human Services.
(b) No signs or play apparatus shall be allowed in the front yard in residential zoning districts.
(c) Provisions shall be made for off-street parking and for vehicular traffic to enter and exit the site safely.
(3) Garage sales.
(a) No more than three garage sales shall be allowed for the same location in any 12-month period. The duration of the garage sale shall not exceed three consecutive days.
(b) One unlighted sign not exceeding 12 square feet in area shall be permitted. Said sign shall pertain to the garage sale only and shall be located on the property. Said sign shall be permitted for the three-day period.
(4) Accessory buildings.
(a) Accessory buildings detached from or attached to the main building by an enclosed or unenclosed structure may be permitted in the allowable building area of any lot defined by the required front, side and rear building lines.
(b) No accessory buildings shall be permitted in the front yard or in the required side yard.
(c) Accessory buildings may be permitted in the required rear yard provided:
1. That they are detached from the main building or structure and separated therefrom by a distance of not less than ten feet;
2. The accessory buildings have a rear and side yard setback of not less than five feet.
(d) Accessory buildings shall not occupy more than 30% of the area of the required rear yard.
(e) No accessory building shall be constructed upon a lot until the construction of the main building has actually been initiated, and no accessory buildings shall be used unless the main building on a lot is completed and used.
(f) No accessory building shall be used as living quarters or for the conduct of business.
(5) Swimming pools.
(a) Permits and approvals.
1. No swimming pool, public or private, shall be constructed or used until a building permit has been issued.
2. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with Local and State Health Department regulations.
(b) Requirements.
1. The pool may be located anywhere on the premises except in the required front yard. There shall be a five-foot setback requirement from any property line and a ten-foot setback from the rear lot line where there is no dedicated alley, measured from the water’s edge. Pump and filter installations shall not be located in the required side yard.
2. Swimming pools shall be equipped with a filtration system large enough to circulate the water once every eight hours.
3. All swimming pool waste water or overflow water shall be piped into the city sewage system.
4. A wall or fence at least four feet in height with self-latching gates at all entrances shall completely enclose either the pool area or the surrounding yard area. Such wall or fence shall not be located in a minimum front yard.
5. All lighting of the pool shall be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so designed that direct rays from the lights shall not be visible from adjacent properties.
6. No broadcasting system is to be used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.
(6) Promotional events. Promotional events as defined in this chapter shall be permitted in certain specified zoning districts, provided the following special conditions are met and maintained:
(a) The promotional event shall take place only on the premises of the shopping center or major business which is responsible for the promotional event;
(b) The facilities of a promotional event may occupy off-street parking spaces, provided that no more than 25% of either the required off-street parking spaces of the shopping center or major business or the actual off-street parking spaces provided on the premises shall be utilized for nonparking purposes;
(c) The promotional event shall not be conducted after 12:00 midnight;
(d) The facilities of a promotional event shall not be located closer than 200 feet to the nearest inhabited residential structure;
(e) The number of promotional events that occupy any off-street parking space shall be limited to four events per year on the premises of a shopping center or major business, and each promotional event shall not exceed a duration of 15 days at a time.
(7) Satellite dish antennas.
(a) Satellite dish antennas are prohibited in the required front yard.
(b) Satellite dish antennas are prohibited in the required side and rear yard, except that a minimum setback of five feet from the side and rear property lines may be permitted when the antenna is not less than ten feet from the main residence.
(c) Satellite dish antennas are permitted as accessory structures only.
(8) Cargo and shipping containers.
(a) Cargo and shipping containers may be permitted as accessory storage only in LI and HI zoning districts.
(b) A building permit shall be required for each and every cargo and shipping container over 120 square feet in size.
(c) Cargo and shipping containers used as accessory storage shall abide by the regulations found under Accessory buildings. See § 155.45 (C)(4).
(d) Cargo and shipping containers used as mini-warehouse storage, off-premise warehouse storage or any form of rental storage, shall not be permitted in any zoning district.
(e) Temporary use permits. The Planning Department may issue a temporary use permit (TUP) for the following uses, provided that the temporary use complies with the regulations herein.
1. Nonresidential construction.
a. Cargo and shipping containers may be used as temporary accessory storage during non-residential construction when placed on the lot or parcel where construction is being conducted.
b. A temporary use permit shall be required for each and every cargo and shipping container used as temporary accessory storage during nonresidential construction and the permit shall be for 180 days. Upon application, a permit may be extended for construction projects exceeding 180 days.
2. Temporary accessory storage.
a. Within areas zoned CB-Central Business District, GR-General Retail, and C- Commercial, a temporary use permit may be issued by the Planning Department for the use of a cargo or shipping container as temporary accessory storage.
b. For each 5,000 square feet or portion thereof of building floor area, a permit for 320 square feet or less of cargo and shipping container area may be permitted.
c. Temporary use permits may be issued for a maximum of 90 days per calendar year. Upon application, a TUP may be extended one time in one calendar year not to exceed 30 days.
d. Each lot or parcel shall be free of cargo and shipping containers for not less than 180 days following expiration of legal permit phase.
e. Permitted cargo and shipping containers for temporary accessory storage shall be located on a lot or parcel in a manner which is least visible from thoroughfares and adjacent residential structures. Placement of cargo and shipping containers on a lot or parcel must be approved by the Planning Department.
(f) Application and fees.
1. An application for a temporary use permit shall be completed and signed by the business or property owner. The application shall include:
a. The date of the application.
b. The name, address and phone number of the property owner and the business owner.
c. The address of the location and site where the temporary accessory storage will be placed.
d. A copy of a plat of the property from the Titus County Appraisal District.
e. A simple diagram showing proposed placement for the containers on the property.
f. The name, address and phone number of the company supplying the containers.
g. The dimensions and size of each container.
h. The date of arrival and the date of removal for each container.
2. A fee of $15 per cargo or shipping container shall be charged to defray the cost of processing the application.
(`87 Code, Zoning Ordinance, Art. III, § 1) (Am. Ord. 1993-2, passed 2-2-93; Am. Ord. 1993-3, passed 2-2-93; Am. Ord. 1997-5, passed - -; Am. Ord. 2002-02, passed 1-15-02; Am. Ord. 2003-21, passed 11-18-03; Am. Ord. 2004-20, passed 11-16-04