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Celina City Zoning Code

ARTICLE 14

03 USE REGULATIONS

§ 14.03.100.250 Schedule of uses purpose and description.

Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than uses specified for the district in which it is located as set forth by the use schedule located in sections 14.03.101 and 14.03.102, schedule of uses, residential and schedule of uses, non-residential, respectively.
(Ordinance 2019-42 adopted 10/8/19)

§ 14.03.101 Residential zoning districts schedule of uses.

P = permitted by right; S = specific use permit required, S* = specific criteria are required as well as approval through the SUP process; C = conditions required prior to issuance of a building permit; Blank = not permitted. Land uses that require a planned development in any district are so noted.
Article 14.03, Table 1
Residential Zoning Districts
SF-E
SF-R
SF-A
SF-M
OT-R
Single-Family Estate
Single-Family Detached
Single-Family Attached
Single-Family Manufactured Home
Downtown Residential
Alternate energy sources
C
C
C
C
C
Amenity center
P
P
P
P
P
Assembly use, churches and places of worship
P
P
P
 
P
Assembly use, other
S
S
S
 
S
Batch plant, temporary
C
C
C
C
Caretaker’s or guard’s residence
Approved as part of the site plan process
Child care center, secondary use
S
S
S
 
 
Child care center, in-home
P
P
P
 
 
Communication antenna tower
S*
S*
S*
S*
 
Construction yard, field office, temporary
C
C
C
 
C
Dwelling, accessory structure
See article 14.03, part two, accessory structures
Dwelling, factory built home
 
 
 
P
 
Dwelling, HUD-code manufactured home
 
 
 
P
 
Dwelling, manufactured home replacement
 
 
 
C
 
Dwelling, model home
C
C
C
C
C
Dwelling, single-family attached (i.e. Duplex, townhome, patio home)
 
 
P
 
 
Dwelling, single-family detached
P
P
 
 
P
Dwelling, group home
S
S
S
 
S
Electric substation
S
S
S
S
S
Home occupation
P
P
P
P
P
Hotel, bed and breakfast/short term lodging
C
C
C
 
C
Park or playground
P
P
P
P
P
School, private
S
S
S
S
S
School, public
P
P
P
P
P
Telephone exchange facility
P
P
P
P
P
Vending kiosk
C
C
C
C
C
(Ordinance 2019-42 adopted 10/8/19; Ordinance 2024-74 adopted 8/13/2024)

§ 14.03.102 Non-residential zoning districts schedule of uses.

P = permitted by right; S = specific use permit required, S* = specific criteria are required as well as approval through the SUP process; C = conditions required prior to issuance of a building permit; Blank = not permitted. Land uses that require a planned development in any district are so noted.
Article 14.03, Table 2
Multifamily and Non-Residential Zoning Districts
AG
MF
CF
C
MU
PRO/CCO
I
Agricultural
Multifamily All Types
Community Facilities
Commercial, Office, and Retail
Mixed Use
Preston Road/Collin County Outer Loop Overlay Districts
Industrial
Agricultural use, commercial
 
 
 
 
 
 
S
Agricultural use, private
P
 
 
 
 
 
 
Airport, heliport, or landing field
 
 
P
S*
S*
 
S*
Alcoholic beverage sales
 
 
P
P
P
P
P
Alternate energy/solar panels and devices
C
C
C
C
C
C
C
Alternate energy/wind energy conversion system
C
C
C
C
C
C
C
Alternative financial services
 
 
 
 
 
 
S*
Alternative retail services
 
 
 
S*
S*
S*
S*
Animal shelter
 
 
P
 
 
 
S
Assembly uses, churches and places of worship
P
 
P
P
P
P
P
Assembly uses, other
 
 
S
S
S
S
S
Athletic stadium or field
 
 
P
S
S
S
S
Accessory uses, commercial
See article 14.03, part two, accessory uses
Auto, gas pumps/fuel sales
 
 
 
S
S
S
S
Auto repair, major
 
 
 
S
S
S
S
Auto repair, minor
 
 
 
P
P
P
P
Auto sales, accessories only
 
 
 
P
P
P
P
Auto sales, new
 
 
 
S
S
S
P
Auto sales, used
 
 
 
 
 
 
S
Auto and RV storage
 
 
 
 
 
 
S
Auto parking garage
 
 
 
P
P
P
P
Auto parking lot
 
 
 
P
P
P
P
Auto wash, full-service
 
 
 
S
S
S
S
Auto wash, secondary use
 
P
 
P
P
P
P
Auto wash, self-service
 
 
 
S
S
S
P
Bank, savings and loan, or credit union
 
 
 
P
P
P
 
Bar
 
 
 
S
S
S
S
Batch plant, medium duration
S
Batch plant, permanent
 
 
 
 
 
 
S
Batch plant, temporary
C
C
C
C
C
C
C
Brewery, brewpub, distillery, & winery
 
 
C
C
C
C
C
Building material and hardware sales, major
 
 
 
C
C
C
C
Building material and hardware sales, minor
 
 
 
P
P
P
P
Campground or RV park
Considered only as a PD
Catering, commissary
 
 
 
 
 
 
P
Catering, service and sales
 
 
 
P
P
P
P
Cemetery or mausoleum
S
 
P
 
 
 
 
Child care center, primary use
 
 
 
P
S
S
S
Child care center, secondary use
 
 
 
P
P
P
P
Clinic, animal (no outside runs)
 
 
 
P
P
P
 
Clinic, animal (with outside runs)
 
 
 
C
C
C
C
Clinic, emergency care or medical lab
 
 
 
P
P
P
P
Collection site
 
 
 
C
C
C
C
College, university, or trade school
 
 
P
S
S
S
 
Commercial amusement, indoor
 
 
 
P
P
P
P
Commercial amusement, outdoor
 
 
 
S
S
S
S
Communication antenna tower
C
C
C
C
C
C
C
Construction yard, field office, temporary
C
C
C
C
C
C
C
Donation bin
 
 
C
C
C
C
C
Dwelling, live-work unit
 
 
 
P
P
P
 
Dwelling, multifamily
 
P
 
 
C
S
 
Dwelling, senior living, independent living
 
P
 
S
S
S
 
Dwelling, senior living, assisted and advanced care
 
 
 
S
S
S
 
Electric power generating plant
 
 
 
 
 
 
S
Electric substation
S
S
S
S
S
S
S
Entertainment venue
 
 
P
S
S
S
P
S
Farmers market
 
 
C
C
C
C
 
Funeral home/mortuary
 
 
P
P
P
P
P
Funeral home/mortuary with crematorium
 
 
S
S
S
S
S
Golf, tennis, or country club (private)
 
 
 
S
S
S
S
Greenhouse or nursery, retail
 
 
 
P
P
P
 
Greenhouse or nursery, wholesale
 
 
 
S
S
S
S
Gun or archery range, indoor
 
 
 
P
P
P
P
Gymnastics/dance studio/martial arts studio
 
 
 
P
P
P
P
Health/fitness center
 
 
 
P
P
P
P
Heavy machinery sales, service, and storage
 
 
 
 
 
S
S
Hospital
 
 
P
S
S
P
 
Hotel, bed and breakfast/short term lodging
 
C
 
 
 
 
 
Hotel, extended stay
 
 
 
S*
S*
C
S*
Hotel, full service
 
 
 
P
P
P
P
Hotel, limited service
 
 
 
S*
S*
S*
S*
Kennel, indoor (no outside runs)
 
 
 
P
P
P
P
Kennel, outdoor (with outside runs)
 
 
 
S
S
S
P
Landfill
 
 
 
 
 
 
S
Laundry/dry cleaning, commercial plant
 
 
 
 
 
S
S
Laundry/dry cleaning, other than commercial plant
 
 
 
P
P
P
 
Machine/welding shop
 
 
 
 
 
 
P
Manufactured/mobile home display and sales
 
 
 
 
 
 
S
S
Manufacturing or industrial uses, heavy
 
 
 
 
 
 
S
S
Manufacturing or industrial uses, high risk
 
 
 
 
 
 
S
Manufacturing or industrial uses, light
 
 
 
S
S
S
P
P
Media studio (radio/television/cable)
 
 
P
P
P
P
 
Mini-warehouse/self-storage
 
 
 
S
S
S
S
Motorcycle sales and service
 
 
 
S
S
S
P
Municipal uses operated by the City of Celina
P
P
P
P
P
P
P
Museum/art gallery
 
 
P
P
P
P
 
Office, administrative, medical, or professional
 
 
P
P
P
P
 
Office, with showroom/warehouse/distribution
 
 
 
S
S
S
P
P
Open storage and display, permanent
 
 
 
S*
S*
S*
P
Park or playground
P
P
P
P
P
P
P
Parking structure
 
P
P
P
P
P
P
Personal service
 
 
 
P
P
P
 
Portable building sales
 
 
 
 
 
 
S
P
Printing, major industrial plant
 
 
 
 
 
 
P
Printing, minor retail shop
 
 
 
P
P
P
P
Recycling center
 
 
 
 
 
 
S
Research and development center
 
 
 
S
S
S
P
P
Restaurants
 
 
P
P
P
P
P
Salvage yard, junk yard, or wrecking yard
 
 
 
 
 
 
S
School, private (K-12)
 
 
S
S
S
S
S
School, public (K-12)
 
 
P
P
P
P
P
Seasonal sales
C
C
C
C
C
C
C
Sexually-oriented businesses
 
 
 
 
 
 
S*
Stable, commercial
S
 
 
 
 
 
S
Stable, private
P
 
 
 
 
 
 
Store, big box and/or grocery
 
 
 
P
P
P
S
Store, convenience
 
 
 
P
P
P
P
Store, general retail
 
 
 
P
P
P
P
Store, pawn shop
 
 
 
C
C
C
C
Store, regional mall
 
 
 
S
S
P
P
Store, secondary use
 
P
P
P
P
P
P
Store, tire dealer, with outside display
 
 
 
S
S
S
P
Store, tire dealer, without outside display
 
 
 
P
P
P
P
Telephone exchange facility
P
P
P
P
P
P
P
Theatre, drive-in
 
 
 
S
S
S
S
Theatre, indoor
 
 
 
P
P
P
P
Transit center/bus terminal
 
 
 
S
S
S
P
Truck terminal
 
 
 
 
S
S
P
Truck, boat, trailer, motorcycle, heavy equipment, RV, and bus sales, leasing, and repair
 
 
 
S
S
S
P
Vending kiosk
 
 
 
C
C
C
C
Warehouse
 
 
 
S
S
S
P
P
Wholesale and distribution center
 
 
 
 
 
S
P
P
Editor's note–This section was revised to correct a scrivener's error from the original preparation of this document.
(Ordinance 2019-42 adopted 10/8/19; Ordinance 2022-116 adopted 10/11/2022; Ordinance 2024-74 adopted 8/13/2024)

§ 14.03.201 General information and regulations for accessory structures.

(a) 
Definition.
An accessory building is defined as any structure, either attached or detached from the main dwelling or commercial building, the use of which is incidental to that of the main structure and located on the same lot. Accessory structures include, but are not limited to, detached garages and carports, patio covers, arbors, gazebos, cabanas, outdoor kitchens, recreational fire-pits, sheds, and other enclosures. Agricultural accessory buildings include barns, stables, coops, or any enclosure designed to accommodate farming or ranching supplies, livestock or fowl. Fences are not included in this definition of “accessory structure.”
(b) 
Permit required.
An accessory structure that is less than or equal to 120 square feet (approximately 10' X 12') in size shall not be required to obtain a building permit, but shall meet all height and setback requirements of this article. An accessory structure that is greater than 120 square feet in size OR any size structure that is attached to the main building shall be required to have a building permit, be inspected by the city, and meet the requirements of this article.
(c) 
Allowed accessory buildings.
Allowed accessory uses are listed in the requirements for each zoning district provided for by this chapter. However, in general, no commercial uses are allowed in an accessory building. In addition, an accessory structure may only be used for dwelling purposes in the AG, agricultural, SF-E, single-family estate, or OT, downtown zoning districts and in no case may be rented to a person other than a family member or permanent member of the household staff.
(d) 
General provisions.
(1) 
Attached structures.
Any structure that is attached to the principal building shall be considered a part thereof and shall comply with all the requirements for the principal structure, unless otherwise provided herein. Unenclosed structures, such as patio covers and gazebos, may encroach into the rear and side yard setback so long as a five (5) foot setback is maintained from all property lines.
(2) 
Detached structures.
Detached structures shall comply with the requirements set out in this article and may not be located in the front yard or between the primary structure and any street.
(3) 
Easements.
Accessory buildings shall not be located within or over an easement or right-of-way, unless approved in writing by the holder of the easement.
(4) 
Prohibited storage.
Containerized storage, cargo storage, and/or trailer storage shall not be permitted. Notwithstanding the above, temporary storage pods may be placed within a private driveway (but not blocking any portion of the right-of-way or sidewalk) for a period not to exceed seven (7) days for the purposes of loading or unloading furnishings or other goods.
(5) 
Not allowed in front yard.
Accessory structures shall not be located in the front yard area. This excludes temporary uses such as basketball hoops, bike, or skateboard ramps, or other moveable recreational devices. However, any such device shall be located entirely within the boundaries of the private property and shall not be placed in the right-of-way, the street, the sidewalk, or the parkway (defined as the grassy area between the sidewalk and the curb).
(6) 
Utility lines.
All associated service and utility lines shall be buried.
(7) 
Approval.
Building permits are approved by the building official, following review and approval of the site plan by the director of development services, as applicable.
(e) 
General development standards for accessory buildings.
Article 14.03, Table 3 Standards for Accessory Buildings Maximum Number, Type, and Square Footage per Lot Size in Residential Districts
 
Less than one acre
One acre or greater, but less than 3 acres
Three acres or greater
Max number of accessory structures
2
3, plus barn
No limit
Max square footage of all accessory structures
600 or 25% of house square footage, whichever is greater
4,000
10,000
Max height of accessory structures, measured at eave of structure (other than barns)
10 feet
16 feet
20 feet
Barns allowed (includes other agricultural structures)
No
Yes
Yes
Max square footage of barns
N/A
4,000
10,000
Max height of barns (at ridge line)
N/A
35 feet
35 feet
(f) 
Architectural standards for accessory buildings.
(barn structures and greenhouses excluded - see section 14.03.202(2) and (6), for specific regulations related to barns and greenhouses, respectively).
(1) 
Permits are required for all accessory structures that are greater than 120 square feet.
(2) 
Permanent and/or engineered foundations may be required per the adopted International Code.
(3) 
Accessory structures less than or equal to 120 square feet are not subject to architectural standards for exterior materials, but shall be properly anchored to the ground per the International Residential Code (IRC).
(4) 
Accessory structures that are between 121 and 200 square feet shall be constructed of wood, treated engineered wood, metal, cementitious fiberboard, brick, stone, or stucco. Materials from the approved list may be combined.
(5) 
Accessory structures that are between 201 and 600 square feet shall be constructed of treated engineered wood, cementitious fiber board, brick, stone, or stucco that blend and compliment the main structure. In addition, accessory structures between 201 and 600 square feet shall incorporate a brick or stone wainscot (36" in height for structures ≤ 12 feet in height; 48" in height for structures >12 feet in height, measured at the eave) in an exterior material that is generally similar to or blends with the masonry material of the main structure, if applicable. Materials from the approved list may be combined.
(6) 
Accessory structures that are greater than 600 square feet shall generally match the exteriors of the main structure in terms of types of materials, percentages of materials, and color.
(7) 
All accessory structures shall be earth tones in color.
(8) 
Metal buildings require raised or standing seams, minimum 26" gauge, corner trim, pre-installed, baked-in finish that cannot be bold colors.
(g) 
Setback and siting regulations for most accessory structures.
(1) 
No accessory structures shall be located in front yards and may not be located between the primary structure and the street.
(2) 
Accessory structures that are attached to a residence or non-residential building shall abide by the side and rear yard setbacks of the governing zoning district.
(3) 
Detached accessory structures in residential zoning districts shall observe the following side yard setbacks:
(A) 
Typical side yard setback shall be three (3) feet.
(B) 
Side yard setback when also facing a street shall be fifteen (15) feet.
(4) 
Detached accessory structures in residential zoning districts shall observe the following rear yard setbacks:
(A) 
Rear yard setback shall be three (3) feet for structures that are <250 square feet in size, no greater than eight (8) feet at the eave line, and screened from the alley or adjacent property by a solid fence.
(B) 
Rear yard setback shall be five (5) feet for structures that are ≥250 square feet in size OR that do not meet the height or fence requirement cited above.
(C) 
Setback as the main structure in the governing zoning district.
(Ordinance 2019-42 adopted 10/8/19)

§ 14.03.202 Regulations for specific accessory structures.

These regulations supersede any general regulations listed in section 14.03.201. However, if a standard is not specifically mentioned in the regulations, below, then the regulations stated in section 14.03.201 apply. Building permits for the accessory structures listed below are approved by the building official, following review of the regulations specified for each type of accessory structure and approval of the site plan by the director of development services, if applicable.
(1) 
Accessory dwelling unit (ADU) regulations.
(A) 
An ADU is defined as a subordinate building/structure intended for habitation. ADUs shall not be permitted without a main building or primary use in existence and are subject to zoning district regulations.
(B) 
ADUs are prohibited in all zoning districts other than the AG, agricultural zoning district, SF-E, single-family estate zoning district, or OT, downtown zoning district. In these districts, ADUs shall be allowed as an incidental residential use of a primary residential structure, located on the same lot as the primary residential structure, may be occupied only by the residents or guests of the primary residential structure, and shall meet the standards listed herein.
(C) 
An ADU may not be sold separately from sale of the entire property, including the primary residential structure, and shall not be rented or sublet;
(D) 
An ADU is not permitted without the primary residential structure;
(E) 
Utility services shall be metered by the same meter as that which serves the main structure on the premises, unless otherwise allowed by the building official;
(F) 
ADUs shall abide by the same setback, height, and architectural regulations as detached garages, except that the rear yard setback shall be twenty (20) feet;
(G) 
The total conditioned square footage of an ADU is limited to 800 square feet for lots that are less than one-half (1/2) acre in size. Lots that are one-half (1/2) acre or greater in area may construct an ADU up to 1,200 square feet if all other regulations are met. An ADU shall be constructed to the rear of the primary residential structure, and may be attached to or separate from the main dwelling (note that ADUs that are attached to the main structure that cause the overall structure to be greater than the threshold set by the fire codes may require the entire structure to be sprinklered);
(H) 
No ADU or living quarters shall be used or occupied as a place of abode or residence by anyone other than a family member or guest of the owner/occupant of the primary residential structure or a bona fide caretaker, servant or farm worker actually and regularly employed by the landowner or occupant of the main building; and
(I) 
Only one ADU, including a garage ADU, or servant’s/caretaker’s quarters, shall be allowed on any lot, and the ADU shall be clearly incidental to the primary residential structure.
(J) 
The exterior facades of a ADU shall be constructed of a masonry material (brick, stone, stucco) or materials that are generally similar to the materials, percentages, and colors used on the main building or structure.
(2) 
Barns and farm accessory structure regulations.
(A) 
Barns are not allowed on lots that are less than one (1) acre in size.
(B) 
All farm accessory structures greater than 120 square feet in area require a building permit.
(C) 
The site on which a barn is proposed shall be currently classified and in operation as an agricultural enterprise.
(D) 
Barns may be constructed of any suitable all-weather material as listed in the adopted International Building Code.
(E) 
The height of barns or other farm accessory structures shall not exceed thirty-five (35) feet, measured from the ground to the ridge line.
(F) 
The siting of such facilities shall be selected to minimize visibility from the public right-of-way.
(G) 
Commercial operations, or operations open to the general public, are considered commercial enterprises and shall abide by all commercial building regulations and permits.
(3) 
Carport regulations.
(A) 
Metal support poles required;
(B) 
Carports shall have a pitched roof or be sufficiently slanted to drain and shall be attached to the primary residence;
(C) 
Carports are prohibited in any front yard;
(D) 
Setbacks for carports shall be the same as for the primary structure in the governing zoning district; and
(E) 
Manufactured homes may install a carport, which shall be designed to shelter a maximum of two (2) vehicles, shall not exceed ten (10) feet in height, and shall not be located closer than three (3) feet to any side or rear lot line.
(4) 
Commercial accessory structure regulations.
(A) 
All structures located in non-residential, commercial, office, retail, industrial, and multifamily zoning districts, and structures associated with such land uses, are considered permanent, commercial buildings and shall obtain all necessary permits and inspections and abide by all applicable codes and masonry regulations.
(B) 
Accessory structures with pervious roofs, such as decorative pergolas or arbors, may be constructed with fire-treated and rot-resistant wooden or comparable material with director approval. An open-air pavilion shall encase its columns in masonry that matches the primary building. Modular storage units, portable on demand storage containers, donation bins, kiosks or stands, cargo containers, and drop-off bins/trailers are considered accessory structures.
(5) 
Detached garage regulations.
(A) 
Front yard setback shall be twenty (20) feet for front-loading garages;
(B) 
Rear yard setback shall be twenty (20) feet for alley access garages;
(C) 
Side yard setback shall be twenty (20) feet for garages with access to a side street.
(D) 
Typical side yard setback shall be five (5) feet;
(E) 
The size, height, and architectural restrictions are the same as for accessory structures listed in table A [table 3] of this article, except that a minor height waiver for associated pitched roofs may be granted at the discretion of the director of development services; and
(F) 
An exception to the sixteen (16) foot maximum height for a detached garage may be granted at the discretion of the director of development services for garages that are designed for oversized vehicles, such as RVs, boats, etc. as long as the overall height remains lower than the overall height of the main structure.
(G) 
The exterior facades of detached garages shall be constructed of a masonry material (brick, stone, stucco) or materials that are generally similar to the materials, percentages, and colors used on the main building or structure.
(6) 
Greenhouse structure regulations.
(A) 
Greenhouse structures require a building permit if ≥120 square feet.
(B) 
Greenhouses may be constructed of glass, opaque plastic, and other all-weather material as listed in the adopted International Building Code;
(C) 
Typical side yard setback shall be three (3) feet;
(D) 
Side yard setback shall be fifteen (15) feet when facing a street;
(E) 
Rear yard setback shall be three (3) feet for structures that are <250 square feet in size, no greater than eight (8) feet at the eave line, and screened from the alley or adjacent property by a solid fence; and
(F) 
Rear yard setback shall be five (5) feet for structures that are ≥250 square feet in size or that do not meet the height and fence requirement cited above.
(7) 
Patio cover and outdoor room regulations.
(A) 
Patio covers or outside rooms that are attached to the primary structure and are ≤250 square feet shall be setback a minimum of three (3) feet of any property line;
(B) 
Patio covers or outside rooms that are attached to the primary structure and are >250 square feet shall be setback a minimum of five (5) feet of any property line or the same setback for the primary structure, whichever is greater;
(C) 
Metal or wood may be used as support structures, but the wood shall be treated or otherwise impervious to rotting;
(D) 
Open roofing on patio covers and/or outdoor rooms may be constructed of wood beams that have been treated or otherwise impervious to rotting; and
(E) 
Covered or partially enclosed patios may be connected to the primary structure. However, should the applicant wish to convert the partially enclosed patio into a fully functioning room, the setbacks for the zoning district in which the residence is located shall apply.
(8) 
Patios and flatwork regulations (concrete or pavers).
(A) 
All patios, grading, and other residential flatwork require a building permit.
(B) 
All new parking, drives, and approaches shall be constructed with concrete to the city’s engineering design criteria;
(C) 
Any flatwork, foundation, or slab greater than 200 square feet shall be drawn to city standards and may require an engineer’s seal;
(D) 
Flatwork shall be set back a minimum of three (3) feet from any property line;
(E) 
Flatwork is not allowed in the front yard area, unless the flatwork is for a driveway for a front-loading garage. This shall not be interpreted to allow for enlarged driveways, whose width should match the width of the enclosed garage and not be expanded into the side yard setback;
(F) 
Nothing within this section allows the creation of a drainage hazard or issue, and all flatwork shall be sloped or graded to drain;
(G) 
Paving is limited to twenty percent (20%) of total lot coverage, including the driveway but not including any patio, walkway, pool deck, sports courts or other paved feature; and
(H) 
A residential property shall continue to maintain the majority of each of its yard in living landscape, as required by the landscape ordinance and administered by the director of development services. Mulch, gravel, rock gardens, decorative stone, and similar material may be used for decorative patterns, beds, erosion control, and in other limited application with associated landscaping; however, their use shall not be the predominant groundcover.
(9) 
Swimming pools, spas, and hot tub regulations.
(A) 
Shall not be located in the front yard area;
(B) 
Shall comply with the minimum side yard and corner lot requirements for accessory structures;
(C) 
The setback shall be a minimum five (5) feet from any building line to the water’s edge; and
(D) 
The setback shall be a minimum three (3) feet from any building line to decking or flatwork.
(10) 
Temporary building regulations.
(A) 
Land uses other than churches and public schools shall abide by the rules below. However, the number of temporary buildings, size or the buildings, and duration of time allowed for these uses shall be determined by the city council on a case-by-case basis.
(B) 
Churches and public schools, regardless of the zoning district, may have a maximum of three (3) accessory buildings at any given time. The total floor area of all accessory buildings shall not exceed thirty (30%) of the square footage of the first floor of the main building or 3,000 square feet, whichever is less.
(C) 
Accessory buildings utilized by churches and public schools are exempt from the architectural standards listed in this article.
(D) 
The siting of temporary buildings shall be selected to minimize visibility from the public right-of-way.
(E) 
Skirting for the temporary building is required, as is concrete pedestrian access, in addition to any required ramps.
(F) 
A stabilizing foundation in compliance with the approved building code shall be provided or appropriate tie-down systems, as approved by the fire department.
(G) 
All buildings shall be perpetually maintained and repaired in a safe, reasonably attractive condition by the property owner in a manner that protects against the elements, is structurally safe, and corrects any visual ills or other problems.
(Ordinance 2019-42 adopted 10/8/19)

§ 14.03.301 Permanent land uses with specific criteria for approval.

The following land uses require specific criteria to be met in addition to city council approval through a specific use permit (SUP) or a planned development (PD) in order to be approved. The city council may waive any or all of the regulations listed below as part of the SUP or PD approval process.
(1) 
Airport/helipad/heliport regulations.
(A) 
“Airport” is defined as a place where aircraft land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for pilots and passengers.
(B) 
“Helipad” is defined as a place, typically on the roof of a hospital or a small ground area where helicopters may land and take off, but without any service or fueling capabilities.
(C) 
“Heliport” is defined as a place where helicopters land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for pilots and passengers.
(D) 
None of the above defined uses shall be located within 400 feet of any residential structure or any area zoned residential, and no residential structure shall be located within 400 feet of any such use.
(E) 
Such distances shall be measured as the shortest possible distance in a straight line from the closest point of the proposed use to the closest point of the residential structure or area, as the case may be[.]
(F) 
Notwithstanding the foregoing, the city council may elect to locate such uses in closer proximity.
(2) 
Reserved.
(3) 
Alternative financial services regulations.
(A) 
Alternate financial services are defined as check cashing business, payday advance or loan business, money transfer business, and car title loan business (see section 14.01.114, land use definitions under “alternate financial services” for more detailed definitions).
(B) 
A lot containing an alternative financial service shall be located at least 1,000 feet from any lot containing another alternative financial service, as measured in a straight line between the nearest points of one lot to the other lot.
(C) 
A lot containing an alternative financial service shall be located at least 200 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one lot to the other lot.
(D) 
No lot containing an alternative financial service shall be located in the Preston Road Overlay, the Dallas North Tollway Overlay, or the Collin County Outer Loop Overlay Districts.
(E) 
Alternative financial services shall be situated only within a freestanding building and shall not be co-located in the same structure as other uses.
(4) 
Alternative retail services regulations.
(A) 
Alternative retail services are hereby defined as businesses or services that require additional scrutiny by the city council as to the appropriate location (see section 14.01.114, land use definitions under “alternate retail services” for more detailed definitions).
(B) 
A lot containing an alternative retail service shall be located at least 1,000 feet from any lot containing another alternative retail service, as measured in a straight line between the nearest points of one lot to the other lot.
(C) 
A lot containing an alternative retail service shall be located at least 200 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one lot to the other lot.
(D) 
No lot containing an alternative retail service shall be located in the Preston Road Overlay, the Dallas North Tollway Overlay, or the Collin County Outer Loop Overlay Districts.
(E) 
Alternative retail services shall be situated only within a freestanding building and shall not be co-located in the same structure as other uses.
(5) 
Communication antenna towers regulations - residential districts.
When proposed to be located within a residentially zoned district, approval of a SUP is required. Application shall meet the requirements listed in section 14.03.401(4), communication antenna towers regulations - non-residential districts.
(6) 
Hotel regulations, extended stay.
(A) 
An extended stay hotel is defined as a building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Also called “residence hotels,” the room units are designed to be suitable for long-term occupancy with financial consideration typically being calculated on a weekly or monthly basis. Typical extended stay hotels include kitchen facilities, on-site laundry equipment, external doorways into room units, and are generally rated two (2) or fewer stars (on a 4-star industry basis).
(B) 
Residence or extended stay hotels shall include all of the following amenities:
(i) 
A minimum of eighty (80) guest rooms and/or suites;
(ii) 
Guest room access from an interior hallway;
(iii) 
Laundry facilities adequate to serve the residents at full capacity;
(iv) 
Playground equipment and open space as determined by the director; and
(v) 
Swimming pool with a minimum of 800 square feet of pool surface area.
(7) 
Hotel regulations, limited service.
(A) 
A limited service hotel is defined as a temporary dwelling place for individuals or families in exchange for financial consideration that provides an economical choice with fewer amenities than a full service hotel and is generally rated two (2) or fewer stars (on a 4-star industry basis).
(B) 
Limited service hotels shall include all of the following amenities:
(i) 
A minimum of 700 square feet of meeting room space;
(ii) 
Limited food and beverage service, but including breakfast buffet service;
(iii) 
Guest room access from an interior hallway;
(iv) 
Swimming pool with a minimum of 400 square feet of pool surface area; and
(v) 
Attached port cochere adjacent to the hotel lobby or reception area.
(8) 
Open storage regulations (permanent or ongoing).
(A) 
For the purposes of this subsection, the definition of open storage is the keeping of any goods, material, merchandise, vehicles, trailers, modular storage units, or equipment outside a building on a lot. Examples of permanent and ongoing open storage are home and garden supplies, bagged mulch and seed, and automobiles and other vehicles.
(B) 
The area utilized as open storage in C, commercial, office, and retail zoning district or related PD - planned development zoning district shall not exceed fifteen percent (15%) of the total gross square foot of the building located on the same lot as the open storage. Permanent open storage shall not be permitted in any portion of the lot between a public street and a line projected from the faces of the building lot lines, except as described in subsections (F) and (J), below.
(C) 
The square footage of the area designated for open storage in I, industrial zoning district or related PD - planned development zoning districts is not restricted as long as it is located on the same lot and not in the front setback.
(D) 
The open storage area shall be attached to a wall of the principal building.
(E) 
An exception to the location of open storage shall be the location of shopping carts, which may utilize designated areas within the parking lot, so long as the shopping carts are gathered within steel carrels suitable for retaining carts and the locations do not interfere with traffic flow or customer parking.
(F) 
Open storage may not be permanently located in any fire lane, maneuvering aisle, or customer pick-up lane.
(G) 
Open storage may not be located in any required front, side, or rear setback.
(H) 
Open storage may not be located in any parking space (except as described in subsection (J) below).
(I) 
Open storage may not obstruct visibility or interfere with pedestrian or vehicular circulation. If items are placed on a sidewalk or other pedestrian area, a six (6) foot wide pedestrian path shall be maintained through or adjacent to the outside display area. The pedestrian path shall be concrete or asphalt and may not be located within off-street parking areas, including parking spaces, fire lanes, maneuvering aisles, and customer pick-up lanes.
(J) 
Nothing in this article shall prohibit temporary open storage of merchandise for display and sale during a seasonal or sidewalk sale (see section 14.03.501(5), open storage regulations - under eave display).
(K) 
Screening of open storage.
(i) 
All open storage and outside display shall be screened from the view of adjacent streets and adjacent properties unless located in an I, industrial zoning district, where open storage is required to be screened only from the street right-of-way.
(ii) 
Screening shall follow the regulations listed in section 14.04.301, screening, generally.
(iii) 
If the standards required for screening of open storage cannot be met due to site-specific issues, the property owner or developer may petition the director to approve alternative screening methods that meet the purpose and intent of the ordinance.
(L) 
Exceptions to screening requirements.
(i) 
No screening is required for open storage and outside display of goods, materials, merchandise, or equipment as an accessory use if generally placed “under eaves.” (See section 14.03.501(5), open storage, under eave display for regulations[.])
(ii) 
Screening is not required for items placed adjacent to a gasoline pump island that do not exceed three (3) feet in height, except for those items otherwise prohibited in this section.
(iii) 
The director may waive these requirements if no public purpose would be served by the construction of a required screen, or if the site characteristics do not necessitate screening since natural features exist that sufficiently screen the open storage.
(9) 
Private street development/gated community regulations - existing subdivisions.
(A) 
A private street is defined as a paved thoroughfare within a gated community with no access to the general public and is entirely owned, maintained, and subsequently replaced by the homeowners association (HOA). Application for the conversion of public streets to private streets require the following regulations to be observed as part of the consideration process by the city council.
(B) 
Private street developments are subject to provisions of the master thoroughfare plan and the subdivision ordinance, as it exists or may be amended. Private street developments may not cross an existing or proposed thoroughfare as shown on the city’s adopted master thoroughfare plan nor shall a private street development disrupt an existing or proposed hike and bike route.
(C) 
Private street developments shall be located in an area that is surrounded on at least three (3) sides, and in any event no less than approximately seventy-five percent (75%) of the perimeter, by natural barriers or similar physical barriers constructed by man. Examples of natural barriers would be creeks and floodplains. Examples of similar man-made barriers would be golf courses, school locations, parks, railroad tracks, or a limited access roadway. Non-qualifying man-made barriers include screening walls, local roadways, drainage ditches, detention ponds, landscape buffers, earthen berms, utility easements, and at grade rights-of-way.
(D) 
Any proposed private street development adjacent to an existing subdivision with public streets that can be reasonably connected, including by constructing a bridge or culvert, for example, should not be approved as a private street development. The two adjacent subdivisions should allow cross-connectivity using public streets. This is especially critical when one of the two subdivisions has a school site.
(E) 
Any private street development proposed for an existing subdivision shall demonstrate that the homeowners association (HOA) has established an escrow account to be kept for the purposes of street repair and replacement.
(F) 
The petition to convert public streets to private streets shall be signed by one hundred percent (100%) of the property owners in the existing subdivision.
(G) 
Agents representing the HOA shall agree to enter into an agreement with the city for the purchase of the installed infrastructure and rights-of-way from the city at fair market appraised value for cash in full payment, and agree to maintain and subsequently replace the infrastructure at city standards thereafter.
(H) 
All documents are subject to the review and approval of the city attorney.
(I) 
Subsequent to the approval of the private street designation, the entire subdivision affected shall be replatted to reflect the ownership changes and remove the city’s ownership and maintenance obligation from the streets and rights-of-way.
(10) 
Private street development/gated community regulations - new subdivisions.
(A) 
In addition to the regulations listed in subsection (9), above, the following regulations apply to new subdivisions that wish to incorporate private streets in the residential development.
(B) 
No disruption of planned public roadways or facilities/projects (thoroughfares, parks, park trails, public pedestrian pathways, etc.).
(C) 
No disruption to and from properties of future developments either on site or off site to the proposed subdivision.
(D) 
No negative effect on traffic circulation on nearby public streets.
(E) 
Not less than 100 feet of street frontage on which to locate the main entrance gate.
(F) 
No more than two (2) gated street entrances, subject to approval by the director of engineering, may face a designated thoroughfare within a one (1) mile segment of that thoroughfare.
(G) 
No impairment of access to and from public facilities including schools or public parks.
(H) 
No impairment of the adequate and timely provision of essential municipal services (emergency services, water/sewer improvements or maintenance, etc.).
(I) 
The main entrance to the private street development shall have adequate throat depth to provide for residents, their guests and any accidental access and have an escape aisle for those vehicles not admitted into the subdivision.
(J) 
Absence of a concentration of private street developments in the vicinity of the requested private street development.
(K) 
Developers who wish to develop as a private street/gated community shall agree to maintain the infrastructure and rights-of-way at city standards and sign an agreement with the city to that effect.
(11) 
Sexually-oriented business regulations.
Sexually oriented businesses are governed by chapter 4, business regulations, article 4.06, sexually-oriented businesses of the Celina Code of Ordinances.
(12) 
Batch plant, medium duration or permanent.
(A) 
All batch plant, medium duration developments require the issuance of a specific use permit (SUP) that will expire at the termination of the project, as defined within the SUP ordinance. Further, the permit shall be limited to a specific construction project and shall not be transferable to any other construction project. A one-time extension may be granted by the city manager up to six (6) months to complete a project.
(B) 
All batch plant, permanent developments are required to obtain a specific use permit (SUP) and shall be located on sites zoned industrial district (I), or unless otherwise allowed in a planned development (PD).
(C) 
Applicants shall submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility meets all state requirements.
(D) 
All stockpiles shall be sprinkled with water and/or dust suppressant chemicals as necessary to achieve maximum control of airborne dust emissions. The stockpile sprinkler system shall be operable at all times.
(E) 
The facility shall be operated in a manner which mitigates the effect of dust, noise and odor (including covering trucks, hoppers and chutes, loading and unloading devices, mixing operation, and maintaining driveways and parking areas free of dust).
(F) 
Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic.
(G) 
All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust during transport.
(H) 
Application shall include an exhibit demonstrating compliance with state distance requirements between temporary batch plants (including associated stationary equipment and stockpiles) and any recreational area, school, or residence. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete.
(I) 
Any site lighting shall be LED, full cutoff, downward facing, and cannot be a nuisance to adjacent properties or passersby.
(J) 
The applicant shall clear the site of all equipment, material, and debris upon completion of the project, and return the area as close to its original state as reasonably possible.
(K) 
The facility may operate only between the hours of 7:00 a.m. to 8:30 p.m., seven days a week.
(L) 
The city may require the applicant submit for review a customized schedule/exhibit for street sweeping, erosion control, access exhibits (including deceleration lanes), perimeter fencing, and any other performance related concern with a causal connection to the batch plant.
(M) 
The governing SUP or PD may determine certain site development standards, such as screening or other items of concern.
(N) 
The city may require a recurring meeting with the applicant, a communication plan for any nearby properties that may be impacted, and an emergency number for contact purposes.
(O) 
The following shall be grounds for the revocation of an issued permit:
(i) 
The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Commission on Environmental Quality (TCEQ) as amended from time to time; or
(ii) 
The facility fails to comply with any of the requirements set forth in this section.
(Ordinance 2019-42 adopted 10/8/19; Ordinance 2022-116 adopted 10/11/2022; Ordinance 2022-116 adopted 10/11/2022; Ordinance 2024-74 adopted 8/13/2024)

§ 14.03.401 Permanent land uses with specific conditions prior to issuance of a building permit.

The following land uses require specific conditions to be met prior to the issuance of a building permit. These land uses are listed as C, conditions required, in the schedule of uses, since they shall meet the specific regulations listed below for each use prior to being issued a building permit. If, at the director’s discretion, one or more of the conditions have not been met, the request may be brought to the city council as a specific use permit (SUP).
(1) 
Alcohol sales.
The following criteria apply to alcohol sales:
(A) 
Beer sales are not permitted in residential zoning districts. Mixed use destination centers shall not be considered residential.
(B) 
Prior to issuance of a certificate of occupancy, the business owner shall provide the city with a copy of its state permit from the Texas Alcoholic Beverage Commission.
(C) 
All retail alcohol sales shall also meet the standards found in chapter 10, subdivision regulations, and chapter 8, article 8.09, alcoholic beverages, of the Celina Code of Ordinances. The city must apply regulations for alcohol-related uses in a manner that conforms to state law.
(D) 
Unless another standard is specified, alcohol sales shall meet the standards for office, retail and commercial establishments contained in chapter 14, zoning.
(E) 
If a restaurant meets the definition of a bar, the use will no longer qualify as a restaurant and will be classified and regulated by the city as a bar.
(F) 
Industrial-scaled facilities with larger manufacturing and/or production components (20,000 square feet or larger), in conjunction with a brewery, brewpub, distillery, or winery, will need an SUP to locate outside of the industrial zoning district. Smaller, boutique or craft styled and sized operations are allowed by right in any zoning district where general alcohol sales are permitted.
(G) 
There are no minimum food percentages or requirements in the local zoning code. All establishments are governed by state TABC regulations and their respective definitions and licenses. State guidelines control; however, any establishment meeting the definition of a "bar" shall require an SUP.
(2) 
Alternative energy sources regulations - solar panel/device.
(A) 
Single-family residential uses:
(i) 
Is in compliance with state law and poses no threat to public health or safety;
(ii) 
Is located solely on private property;
(iii) 
Include approval letter from the HOA with submittal for the CUP, if applicable.
(iv) 
Installation and maintenance in compliance with manufacturer’s recommendations and warranties;
(v) 
Roof mounted:
a. 
Panels may not extend beyond the roofline or eave line;
b. 
Panels shall conform to the slope of the roof, unless mounted on a roof slope that is not visible from the right-of-way; and
c. 
Roof mounted panels should be designed to reduce excessive glare.
(vi) 
Ground mounted:
a. 
Prohibited in front yards.
b. 
Ground mounted devices shall follow the setbacks required for accessory structures within the specific zoning district.
c. 
Device shall not be visible from either the public right-of-way or the adjacent properties;
d. 
Device shall be screened by a wooden or masonry fence and no device shall extend above the fence line.
e. 
Where fences are not allowed within the residential subdivision, a solid evergreen hedge which shall be maintained at a minimum of six (6) feet in height within eighteen (18) months of planting.
(B) 
Non-residential uses:
(i) 
Is in compliance with State law and poses no threat to public health or safety.
(ii) 
Is located solely on private property.
(iii) 
Installation and maintenance in compliance with manufacturer’s recommendation and warranties.
(iv) 
Is located on the roof.
(v) 
Panels located on a sloped roof may not extend beyond the roofline and shall conform to the slope of the roof, unless mounted on a roof slope that is not visible from the public right-of-way or from adjacent single-family districts.
(vi) 
Panels located on a flat roof shall be screened from view from the adjacent rights-of-way or from adjacent single-family districts.
(3) 
Alternative energy source regulations - wind energy conversion systems (WECS).
(A) 
Single-family residential uses:
(i) 
Freestanding WECS are prohibited on residential lots less than one acre in size.
(ii) 
Shall not be allowed in the front yard.
(iii) 
The highest point of a roof-mounted WECS shall not project more than five feet above the roof line, excluding the highest point of the blade arc.
(iv) 
Freestanding WECS shall be of unipole design and shall not be located in any required setback.
(v) 
Freestanding WECS shall abide by the height and setback regulations of the specific zoning district and be located at least a distance equal to the height of the pole away from any structure or property line.
(B) 
Non-residential use:
(i) 
WECS may exceed the height limits of the zoning district, up to a maximum of eighty (80) feet, if located at least a distance from any residential district boundary line or residential dwelling equal to the height of the support structure. Height shall not include the highest point of the blade arc and shall refer to the highest point of the pole structure.
(ii) 
The minimum lot size required for a WECS is one acre. Only one low impact WECS shall be allowed per platted lot.
(iii) 
The WECS shall not be located within any required setback area for the front, side, or rear yards.
(iv) 
The WECS freestanding blade arc spheres shall have a minimum thirty (30) foot clearance from any structure, tree or any other impediment.
(v) 
All associated wiring shall be buried underground by means of a conduit system, or if ground-mounted equipment is required, then a minimum eight (8) foot high masonry wall shall be constructed.
(vi) 
The WECS shall be constructed in a unipole design of tubular steel and shall be self-supporting without the use of guy wires or other similar features. In addition, no exposed racks or antennas are allowed.
(vii) 
The WECS shall be a neutral or earth tone color. The proposed paint type shall be a dull or matte finish so as to reduce the possibility of any glare or reflection and to minimize the visual obtrusiveness of the WECS.
(viii) 
All commercial signs, flags, lights, and attachments shall be prohibited on the WECS, unless required for structural stability, or as required for flight visibility by the FAA.
(ix) 
The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS’ operation in high winds.
(x) 
The WECS shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA) and any other agency of the state or federal government with the authority to regulate such systems.
(xi) 
The WECS shall not be grid-interconnected until and unless evidence has been provided to the city that the appropriate electric power provider has approved the customer’s intent to install a grid-connected customer-owned WECS and that the customer’s system meets the utility’s approved specifications for interconnection.
(xii) 
The WECS shall be grounded and shielded to protect against natural lightning strikes and stray voltage, including the blades.
(xiii) 
The WECS shall be adequately designed structurally, electrically, and in all other respects to accommodate the safety and general well-being of the public.
(xiv) 
The WECS shall be maintained at all times according to the manufacturer’s specifications.
(xv) 
The WECS shall be filtered, shielded, or otherwise designed and constructed so as not to cause electrical, radio frequency, television and other communication signal interference.
(xvi) 
The WECS shall be prohibited from including a tower climbing apparatus within twelve (12) feet of the ground.
(xvii) 
The WECS shall adhere to the performance standards of the zoning ordinance, in regards to maximum sound pressure levels. The noise levels measured at the property line of the property on which the conversion system has been installed shall not exceed sixty (60) decibels and in no event shall the conversion system create a nuisance.
(xviii) 
If the WECS is not in operation for a period of six (6) months, it shall be deemed abandoned and shall be removed at the owner’s expense.
(xix) 
With the approval of a specific use permit, in any district, any one or more of the above development standards may be excused, subject to review and approval by the director.
(4) 
Communication antenna towers regulations - non-residential districts.
(A) 
Commercial towers may exceed the height limits of the zoning district, up to a maximum height of 150 feet, if located a distance from any residential district boundary line or residential dwelling at least equal to the height of the support structure.
(B) 
Towers shall be of stealth, unipole design with no exterior antennas, wires, racks, or transmitters.
(C) 
Tower sites shall be screened with a minimum eight (8) foot high solid masonry wall with a solid metal gate.
(D) 
Commercial towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s antennas and additional co-located users and carriers.
(E) 
Commercial towers shall be muted and dull shades of color, or if applicable, shall match the background color of the landscape and terrain.
(F) 
Commercial towers shall be maintained in a functional, safe, and attractive manner so that the unipole is a consistent material, color, and size (although gentle tapering is allowed). Any future alterations, other than general maintenance, to the unipole would require a building permit.
(G) 
Commercial towers shall be accessible by a twenty-four (24) foot wide concrete fire lane, subject to review and approval by the fire marshal.
(H) 
There shall be a minimum of one (1) concrete parking space that is not located in a fire lane.
(I) 
A commercial antenna may be attached to a utility structure or building (elevated water tank, electric transmission pole, etc.) regardless of the height of said structure, provided that the antenna does not extend more than ten (10) feet above the height of the host structure.
(J) 
A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties.
(K) 
All commercial signs, flags, lights and attachments shall be prohibited on any antenna or antenna support structure, unless required for communications operations, structural stability, or as required for flight visibility by the FCC and the FAA.
(L) 
No communication tower, antenna, antenna support structure, microwave reflector/antenna, or associated foundations, support wires, or appurtenances shall be located within any required setback area for the front, side, rear yards, or required landscape buffers.
(M) 
The director may require a map of the vicinity showing current coverage and coverage after construction. Commercial communication towers require site plan approval, prior to or concurrent with the application for a building permit.
(N) 
Collocation of antennas and antenna support structures shall be required. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing antenna support structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
(i) 
No existing towers or structures are located within the geographic area, which meet the applicant’s engineering requirements;
(ii) 
Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements;
(iii) 
Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment; or
(iv) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(O) 
A lot containing a commercial communication tower shall be located at least 2,000 feet away from any lot containing another communication tower greater than fifty (50) feet in height, as measured in a straight line between the nearest points of one lot to the other lot.
(P) 
If one or more of the above standards are requested to be waived or amended, the request may be heard by the city council as part of a SUP request.
(5) 
Donation bin/collection site regulations.
(A) 
A maximum of one donation bin may be located per lot or contiguous lots under common ownership or occupancy. Donations bins may not be located on a vacant lot.
(B) 
A donation bin shall not be located within the designated fire lane or hinder the movement of emergency public safety vehicles and/or equipment or within required parking spaces or within or immediately adjacent to designated handicap parking areas. Donation bins shall not be located between the associated building and the street and shall be sited at the side or rear of the building.
(C) 
A collection site shall provide safe vehicular access, off-street parking, and accommodate the delivery of materials on a concrete surface.
(D) 
The scope of the activity of either a donation bin or collection site may not encumber required parking spaces of any business and shall be located in a non-residential zoning district.
(E) 
Solid masonry screening walls shall be provided on three (3) sides of the donation bin.
(F) 
Restroom facilities for employees at manned collection sites shall be provided either on-site (e.g. with a portable toilet), or off-site if within 300 feet of the subject property and accompanied with a letter of permission from the property owner granting access.
(G) 
The name and contact information of the organization/manager who is responsible for the donation bin and/or collection site is required to be clearly placed, either affixed to the bin or with appropriate signage.
(H) 
Merchandise shall be neatly organized and not haphazardly piled.
(6) 
Home occupation regulations.
No city approval is required for home occupations. However, home occupations are subject to the following conditions and requirements:
(A) 
No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises, except as may be authorized or permitted by other applicable ordinances of the city.
(B) 
No more than two (2) non-relatives may be employed on-site in addition to those residing in the home.
(C) 
Outdoor activities are not allowed, unless the activities are screened from neighboring properties and public rights-of-way and limited to the hours between 8:00 a.m. to 8:00 p.m.
(D) 
There shall be no exterior storage of materials, equipment, vehicles, and/or supplies used in conjunction with the home occupation.
(E) 
A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. A “fleet” is defined as three (3) or more business vehicles.
(F) 
The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat, or glare beyond the property lines.
(G) 
No major alterations to the property or exterior of the dwelling unit or accessory buildings shall be allowed that changes the residential character of the buildings. The home occupation use shall be clearly incidental and secondary to the residential use of the dwelling.
(H) 
No repair or servicing of vehicles, internal combustion engines, large equipment, or large appliances is allowed.
(I) 
No storing of hazardous materials for business purposes is allowed on the premises.
(J) 
Merchandise, commodities, goods, wares, materials, or products shall not be offered or displayed for sale on the premises, excluding fruits and vegetables grown on-premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises.
(K) 
No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood or create unreasonable parking or traffic congestion in the immediate neighborhood, and any need for parking shall be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage) and along the street frontage of the lot.
(7) 
Hotel regulations, bed and breakfast/short-term rental.
(A) 
“Bed and breakfast” is defined as a residential home, occupied by the owner or manager, where the owner or manager rents one or more bedrooms for remuneration and provides a breakfast meal to the guest.
(B) 
“Short-term rental” is defined as a residential home or unit that is occupied for a relatively brief period of time (i.e. less than 30 days duration) by paying guests, typically through a web-based service (e.g. Airbnb(R) or Vrbo(R)).
(C) 
Guest parking shall be provided on the residential lot and not on the street.
(D) 
The owner or manager shall be responsible for any noise or disruption of the neighborhood caused by the guests.
(E) 
The owner or manager shall register with the state to pay any applicable taxes and shall pay the hotel tax to the City of Celina, as required by law.
(8) 
Hotel regulations, full service.
(A) 
A full service hotel is considered a top tier hotel in terms of amenities and service. It includes all of the amenities listed below and often exceeds these minimum standards and is generally rated three (3) stars or higher (on a 4-star industry basis).
(B) 
A full service hotel that meets all of the requirements listed below requires only administrative site plan approval if shown as a C, conditions required on the schedule of uses. Any failure to meet one or more of the listed conditions requires an application for a specific use permit (SUP), which is subject to review and approval by the planning and zoning commission and the city council.
(i) 
A minimum of 100 guest rooms and/or suites.
(ii) 
A minimum of 4,000 square feet of meeting room space.
(iii) 
A minimum of one (1) restaurant that provides three (3) meals per day with on-site preparation and service provided by wait staff, hostesses, etc. and seating for a minimum of thirty (30) customers.
(iv) 
Guest room access from an interior hallway.
(v) 
Swimming pool with a minimum of 800 square feet of pool surface area.
(vi) 
Attached port cochere adjacent to the hotel lobby or reception area.
(9) 
Manufactured home replacement regulations.
(A) 
The federal government allows a one-time replacement of a manufactured home under the circumstances listed below.
(B) 
In the event that a HUD-code manufactured home occupies a lot within the city, the owner of the HUD-code manufactured home may remove the HUD-code manufactured home from its location and place another HUD-code manufactured home on the same property, provided that the replacement is a newer HUD-code manufactured home, and is the same size or larger in living space as the prior HUD-code manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-code manufactured home is limited to a single replacement of the HUD-code manufactured home on the same property.
(C) 
Property owners who have a HUD-code manufactured home which has been placed on a lot in violation of the terms of this ordinance shall not have the right to replace the illegal use. This subsection shall not be interpreted to legitimize an otherwise illegal use.
(D) 
Except with regard to the above clause, the replacement provisions of this section shall not apply in the SF-M, single-family manufactured home zoning district.
(10) 
Pawn shop regulations.
(A) 
“Pawn shops” are hereby defined as a facility that lends money in exchange for personal property as security deposited with or pledged to it. This definition includes the sale of such securities after repossession and the sale of merchandise generally found in retail stores, as defined by State law.
(B) 
A lot containing a pawn shop shall be located at least 1,000 feet from any lot containing another pawn shop, as measured in a straight line between the nearest points of one lot to the other lot.
(C) 
A lot containing a pawn shop shall be located at least 200 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one lot to the other lot.
(D) 
Pawn shops shall be situated only within a freestanding building and shall not be co-located in the same structure as other uses.
(E) 
No lot containing a pawn shop shall be located in the Preston Road Overlay, the Dallas North Tollway Overlay, or the Collin County Outer Loop Overlay Districts.
(11) 
Vending kiosk regulations.
The following conditions apply to a commercial vending kiosk greater than 120 square feet in size, prior to the issuance of a building permit.
(A) 
A permanent structure with a permanent foundation is required.
(B) 
The structure shall have a primarily brick/stone veneer that matches adjacent development.
(C) 
No commercial kiosk of similar type shall be installed within two (2) miles of another such structure.
(D) 
Site location should not provide a strong visual presence on a major thoroughfare, nor impede fire lanes or cause other traffic flow problems, subject to review and approval by staff.
(E) 
Lighting and signage shall be minimal, per existing regulations.
(F) 
Concrete parking shall be available, and a bathroom agreement or other accommodation is required if manned.
(G) 
Permits are required, as is property owner authorization, and installation shall abide by all applicable building, fire, health, subdivision, engineering design, and zoning codes.
(H) 
Structures shall be removed with a valid demolition permit by the property owner if inoperable or abandoned for more than six (6) months. Seasonal sales are not allowed per this use.
(Ordinance 2019-42 adopted 10/8/19; Ordinance 2022-116 adopted 10/11/2022)

§ 14.03.501 Temporary land uses with specific conditions prior to issuance of a building permit.

The following temporary land uses require specific conditions to be met prior to the issuance of a building permit. These land uses are listed as C, conditions required, in the schedule of uses, since they shall meet the specific regulations listed below for each use prior to being issued a building permit.
(1) 
Batch plant regulations, temporary.
(A) 
The permit for temporary concrete and asphalt batch plants shall contain an expiration date not to exceed 180 days, and shall not be transferable to any other construction company, project, or individual. Further, the permit shall be limited to a specific construction project and shall not be transferable to any other construction project.
(B) 
The facility shall produce concrete or asphalt for the specific subdivision or project site upon which it is located and may not produce concrete or asphalt for any other unrelated subdivision or project.
(C) 
Applicants shall submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility meets all state requirements.
(D) 
All stockpiles shall be sprinkled with water and/or dust suppressant chemicals as necessary to achieve maximum control of airborne dust emissions. The stockpile sprinkler system shall be operable at all times.
(E) 
The facility shall be operated in a manner which mitigates the effect of dust, noise and odor (including covering trucks, hoppers, and chutes, loading and unloading devices, mixing operation, and maintaining driveways and parking areas free of dust).
(F) 
Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic.
(G) 
All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust during transport.
(H) 
Application shall include an exhibit demonstrating compliance with state distance requirements between temporary batch plants (including associated stationary equipment and stockpiles) and any recreational area, school, or residence. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete.
(I) 
Any site lighting shall be LED, full cutoff, and downward facing, and cannot be a nuisance to adjacent properties or passersby.
(J) 
The applicant shall clear the site of all equipment, material, and debris upon completion of the project, and return the area as close to its original state as reasonably possible.
(K) 
The facility may operate only between the hours of 7:00 a.m. to 8:30 p.m., seven days a week.
(L) 
The city may require the applicant submit for review a customized schedule/exhibit for street sweeping, erosion control, access exhibits (including deceleration lanes), perimeter fencing, and any other performance related concern with a causal connection to the batch plant.
(M) 
The city may require a recurring meeting with the applicant, a communication plan for any nearby properties that may be impacted, and an emergency number for contact purposes.
(N) 
The following shall be grounds for the revocation of an issued permit:
(i) 
The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Commission on Environmental Quality (TCEQ) as amended from time to time; or
(ii) 
The facility fails to comply with any of the requirements set forth in this section.
(2) 
Construction yard or field office regulations, temporary.
(A) 
A “field office” is defined as a temporary building or structure used in connection with a development or construction project.
(B) 
A “construction yard” is associated with a field office and contains equipment and/or vehicles necessary for construction.
(C) 
Electrical connections shall be supplied by overhead or underground access - no open wiring lying directly on the ground shall be allowed.
(D) 
Four (4) parking spaces shall be provided.
(E) 
The director shall determine whether or not the proposed location is appropriate and setbacks have been observed.
(F) 
The director shall determine whether the requested timeframe is appropriate.
(i) 
Temporary permits for “temporary buildings” shall be issued for a period of time not to exceed 18 months.
(ii) 
Extensions may be granted only by the director.
(3) 
Model home regulations, temporary.
(A) 
A “model home” is defined as the temporary use of a new residential home to display the construction, design, exterior and interior finishes, and provide a temporary sales office for the homebuilder and/or real estate agents to sell similar homes within a subdivision.
(B) 
The temporary model home shall be located on an approved plat. The plat need not be filed, but shall be filed prior to the sale of the model home to the individual owner.
(4) 
Open storage regulations, temporary.
(A) 
Temporary outdoor storage and display of merchandise is not permitted to a exceed ninety (90) day duration, unless specifically allowed by the underlying zoning district or by the approval by the director.
(B) 
Open storage shall not be located in any required front, side, or rear setback and shall not impede vehicle or pedestrian movement on the site.
(C) 
Open storage shall not be located in any parking spaces, except “big box” stores (i.e. stores greater than 50,000 square feet in size) may display garden merchandise for sale within excess parking spaces on a temporary basis. Examples of appropriate merchandise for this type of parking lot display includes, but is not limited to, mulch or garden soil bags, bedding plants, saplings, and storage sheds. Approval of any parking lot open storage or display shall require a revised site plan showing the location of the open storage or display, indicating the number of parking spaces required to ensure that the storage is located in spaces in excess of those required, the type of merchandise to be displayed or stored, and the duration of the sale. The director shall approve or disapprove any parking lot storage or display.
(5) 
Open storage regulations, temporary, under eave display.
(A) 
“Temporary, under eave storage and display” is defined as seasonal merchandise that may be placed outside or near the main entrance of a store and that is on sale or featured as a seasonal product, such as pumpkins, cords of wood, lawn mowers, barbeque grills, bedding plants, etc.
(B) 
This definition also includes the outdoor, under eave storage of shopping carts.
(C) 
This definition may also be used for the temporary use of food purveyors, such as hot dog or lemonade stands used as part of a sales promotion.
(D) 
Such merchandise may be displayed or sold for the normal duration of the season, so long as the display is limited to the under eave area.
(E) 
Limited to ten (10) feet from the front facade of the building) so long as pedestrian and/or vehicular traffic patterns are not impeded.
(F) 
A four (4) foot wide clearance shall be provided for a walkway within the display, if needed, and
(G) 
A six (6) foot wide opening shall be provided on the sidewalk leading to the entrance of the building.
(6) 
Portable on-site storage container regulations, temporary.
(A) 
A “portable on-site storage container” is defined as a self-contained, movable storage structure that is delivered to the residential site by a commercial provider (such as PODS(R)) for a limited duration. These may be used to store household goods, furniture, and similar items during construction or in anticipation of moving said household goods to another location.
(B) 
The portable on-site storage container permit (which includes the permit number and expiration date) shall be affixed on the portable on-demand storage container to be clearly visible from the street or alley the container faces.
(C) 
Maximum of two (2) portable on-site storage containers per lot.
(D) 
The portable on-site storage container shall not be located so as to impede natural movement along sidewalks or rights-of-way.
(E) 
Portable on-site storage containers are allowed on the subject property for no longer than seven (7) consecutive days from time of delivery to time of removal.
(F) 
A portable on-site storage container may be used at various times on a given site for a period not to exceed twenty-one (21) days in any 365-day period.
(G) 
Portable on-site storage containers shall not be used for retail sales, any habitable use, or any other principal use.
(H) 
Portable on-site storage containers placed shall not exceed eight and one-half (8-1/2) feet in height, ten (10) feet in width, and twenty (20) feet in length.
(7) 
Seasonal sales regulations.
(A) 
“Seasonal sales” are defined as those items that are typically sold during a specific time of year. The following four (4) seasonal sales categories may operate for the durations shown below:
(i) 
Holiday items.
Temporary display and sale of cut holiday trees with incidental sales of holiday decorations and firewood for a maximum sixty (60) days;
(ii) 
Fall items.
Temporary display and sale of pumpkins with the incidental sale of fall decorations for a maximum of sixty (60) days; or
(iii) 
Winter items.
Temporary display and sale of firewood with the incidental sale of firewood accessories between October 1st and March 1st.
(B) 
Other types of seasonal sales may be approved for temporary use by the director.
(C) 
A letter from the property owner, allowing the proposed use.
(D) 
A tax certificate from the state showing that sales tax is being collected on site.
(E) 
Only one (1) seasonal sales permit is allowed per applicant, per lot or per calendar year.
(F) 
Temporary use of tents, portable buildings (maximum 200 square feet), or other existing non-conforming structures located on the subject property is allowed for temporary occupancy, but is required to meet setbacks and be reviewed and approved by the fire marshal prior to issuance of a seasonal sales permit.
(G) 
One (1) sign is allowed and shall be reviewed and approved prior to issuance of a seasonal sales permit, per the sign ordinance regulations.
(H) 
Any temporary fencing shall be reviewed for location and materials prior to issuance of a seasonal sales permit.
(I) 
Restroom facilities for employees shall be provided either on-site (e.g. portable toilet), or off-site if within 300 feet of the subject property and accompanied with a letter of permission from the property owner.
(J) 
The site shall provide safe vehicular access, off-street parking, and accommodation for the delivery of materials. Vehicular use areas shall be an all-weather surface, which can include a maintained gravel surface.
(K) 
The scope of the activity cannot encumber required parking spaces of an adjacent business. However, seasonal sales shall utilize a paved parking area for display and sales.
(L) 
Merchandise shall be neatly organized and not haphazardly piled. Firewood seasonal sales lasting more than sixty (60) days shall be orderly stacked and shall not be sold from a trailer, unless used for customer delivery purposes and parked to mitigate visibility.
(M) 
Within ten (10) calendar days following the permit’s expiration, the site shall be clear of all structures, fencing, signage, trailers, material, merchandise, and equipment associated with the seasonal sale operation.
(Ordinance 2019-42 adopted 10/8/19; Ordinance 2024-74 adopted 8/13/2024)

§ 14.03.601 New and unlisted uses.

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1) 
The director shall consider any new or unlisted use and make an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
(2) 
Appeals of the director’s decision may be made to the planning and zoning commission. The commission shall approve the director’s recommendation or may make its own determination concerning the classification of such use as is determined appropriate based upon the commission’s findings.
(Ordinance 2019-42 adopted 10/8/19)

§ 14.03.602 Nonconforming uses and structures.

(a) 
Intent.
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(1) 
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts in which they are located. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(2) 
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from the street or off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district.
(3) 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun in preparation for rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(b) 
Nonconforming lots of record.
(1) 
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width standards, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements may be obtained only through action of the board of adjustment (see section 14.01.202(f), authority to grant variances for more information).
(2) 
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used which does not meet lot width and are requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any with width or area below the requirements stated in this chapter.
(c) 
Nonconforming use of land.
Where lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(2) 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter;
(3) 
If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(d) 
Nonconforming use of structures.
If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it located.
(2) 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment for this chapter, but no such use shall be extended to occupy any land outside such building.
(3) 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(4) 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located.
(5) 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(6) 
Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease.
(e) 
Changing uses and nonconforming rights.
(1) 
Nonconforming use to conforming use.
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to any nonconforming use.
(2) 
Nonconforming use to another nonconforming use.
A nonconforming use may not be changed to another nonconforming use.
(3) 
Conforming use in a nonconforming structure.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in subsection 14.03.602(f), expansion of nonconforming uses and structures, below.
(f) 
Expansion of nonconforming uses and structures.
An expansion of a nonconforming use or structure is allowed in accordance with the following.
(1) 
Nonconforming use expansion in existing building.
A nonconforming use located within a building may be extended throughout the existing building, provided.
(A) 
No structural alteration, except as provided in subsection 14.03.602(f)(5) below, may be made on or in the building except those required by law to preserve such building in a structurally sound condition.
(B) 
The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.
(2) 
Nonconforming use prohibited from expansion beyond existing building.
Nonconforming use within a building shall not be extended to occupy any land outside the building.
(3) 
Off-street parking.
Nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide additional off-street parking spaces.
(4) 
Residential lot exemption.
The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official “lot of record” prior to the date of this ordinance adoption (October 8, 2019), may be used for a single-family dwelling.
(5) 
Expansion of nonconforming buildings with conforming uses.
Buildings or structures which do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten percent (10%) after the date when the building became nonconforming.
(6) 
Reuse of abandoned or vacant buildings by conforming uses allowed.
Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied only by a conforming use or uses.
(g) 
Restoration of nonconforming structures.
(1) 
Total destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this ordinance.
(2) 
Partial destruction. In the case of partial destruction of a nonconforming structure not exceeding fifty-one percent (51%) of its total appraised value as determined by the applicable county appraisal district, reconstruction will be permitted, but the existing square footage or function of the nonconforming structure cannot be expanded.
(h) 
Movement of nonconforming structures.
(1) 
Relocation of a nonconforming structure within a platted lot.
Nonconforming structures may be relocated within the same platted lot.
(2) 
Compliance.
Nonconforming structures shall comply with all setback and screening requirements.
(i) 
Repairs and maintenance.
On any building devoted in whole or in part to an nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixture, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall be not increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(j) 
Uses under exception provision.
Any use for which a special exception is permitted as provided in this chapter shall be defined as a “conforming use” in such district only for the single property granted such exception.
(Ordinance 2019-42 adopted 10/8/19)