An Alcoholic Beverage Establishment is permitted only by Specific Use Permit in the following zoning districts.

An Alcoholic Beverage Establishment is also permitted in the following zoning districts only as an accessory use when in conjunction with the operation of a golf course.

Commercial antenna support structures shall be setback from all property lines a distance equal to or greater than the support structure or tower's height, measured from ground level to the highest point of the support structure or tower, including any attached antennas;

Commercial antenna support structures shall be constructed to support at least three carriers;

Antenna facilities shall be screened by an eight (8) foot masonry screening wall or an eight (8) foot Open Ornamental Fence with living screen composed of evergreen shrubs eight (8) feet in height at time of planting; and

Commercial antennas and antenna support structures shall be either silver, gray or black in color.

Commercial Stealth Antennas shall comply with the setbacks prescribed by the zoning district.

Commercial Stealth Antennas may exceed the maximum building height prescribed by the zoning district. Commercial Stealth Antennas constructed on or adjacent to Residential Districts or properties identified as Residential on the Future Land Use Plan may exceed the maximum building height prescribed by the zoning district provided the required setbacks are increased by two (2) feet for every one (1) foot that the Commercial Stealth Antenna exceeds the maximum building height prescribed by the zoning district.

Associated buildings and/or structures shall be architecturally compatible with the development in which the building or structure is located. For purposes of this section, architecturally compatible shall mean designed utilizing similar building materials as building(s) and/or structure(s) within the development.

The placement of ground-mounted equipment shall be incorporated into the design of the Commercial Stealth Antenna or screened with an eight (8) foot tall masonry screening wall. Ground-mounted equipment shall be placed in a location and designed in a manner to be compatible with and blend in to the surrounding area. This may be accomplished through the use of architecturally compatible elements such as materials, color, texture, scale, and character.

If fronting to a collector street, the collector street is required to have a direct connection to a major or minor thoroughfare.

The lot has frontage on the Dallas North Tollway, S.H. 121, or U.S. 380;

The use is located within a retail center that has frontage on F.M. 423 and the entire Big Box building, all of its required parking, and its required loading area are located within 1,650 feet of F.M. 423; or

The use is located within the area bounded by the Dallas North Tollway, Warren Parkway, Ohio Drive, and S.H. 121.

Compliance with Section 2.06.05 Nonresidential District Development Standards;

Compliance with Section 4.03.05(A) Outdoor Storage and Display Requirements; and

Proximity of proposed outdoor components to the closest Residential Zoning District.

Breweries shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. Breweries shall obtain any other permits and/or licenses as required by the Texas Alcoholic Beverage Commission for any ancillary activities related to the sale of alcoholic beverages on and/or off-premises. These ancillary uses shall also comply with the regulations of this ordinance.

All components of manufacturing, brewing, bottling, canning, packaging and labeling shall be contained completely within the primary Brewpub structure; and

The primary Brewpub structure shall provide a minimum of one (1) loading space, in accordance with Subsection 4.04.04 Off-Street [Parking and] Loading [Requirement] Space: All Districts.

Option 1: Provide a Type B4 buffer (or equivalent buffer as approved by the Director). (For Screening Buffer, see Figure 4.03.03 Site Screening Type B4 - Screening Wall with View Fence.

Option 2: Provide a Type B1 buffer (or equivalent buffer as approved by the Director). (For Screening Buffer, see Figure 4.03.03 Site Screening Type B1 - Screening Wall.

All centers shall provide outdoor play space at a rate of sixty-five (65) square feet per child.

This requirement shall be based on the maximum licensed capacity of the facility.

The outdoor play space shall have no dimension of less than thirty (30) feet.

If the facility provides care to all children for less than four hours per day, then the facility shall be exempt from this requirement.

Outdoor play space is defined as the area used for outside recreational purposes for children.

The outdoor play area must be enclosed by a fence of at least four (4) feet in height with at least two exits.

One exit may be an entrance to the building.

For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Comprehensive Land Use Plan.

This provision intends to alter 4.07.12(A) Structures in Conjunction with any Automotive Use as it would apply to gas pumps.

Gas pumps do not have to meet the spacing requirement if:

A thirty (30) foot landscape buffer shall be provided adjacent to the right-of-way rather than a slip road according to Section 4.02.05 Street Frontage Landscape Areas - Street Type S3 - Double Row Street Frontage.

A fifty (50) foot landscape buffer according to Section 4.02.05 Street Frontage Landscape Areas – Street Type S3 – Double Row Street Frontage.

Compliance with Section 2.06.05 Nonresidential District Development Standards;

Compliance with Section 4.03.05(A) Outdoor Storage and Display Requirements; and

Proximity of proposed outdoor components to the closest Residentially Zoned District. These exhibits shall be used in the evaluation of the application, but any such outdoor components must be expressly approved for use in an ordinance approving the Specific Use Permit.

Distilleries shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. Distilleries shall obtain any other permits and/or licenses as required by the Texas Alcoholic Beverage Commission for any ancillary activities related to the sale of alcoholic beverages on and/or off-premises. These ancillary uses shall also comply with the regulations of this ordinance. If at any time an original alcoholic beverage permit or license is granted by the Texas Alcoholic Beverage Commission to an establishment, place of business or person and the establishment, place of business or person satisfies the requirements regarding the distance requirements in this section, then the same shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.

Donation Boxes shall not be located in a designated parking or loading space.

Donation Boxes shall conform to all applicable building setbacks on the property.

Donation Boxes shall be located so as to facilitate pickup of donated items by the operator or collection agency.

Donation boxes shall be located within twenty-five (25) feet of the front facade of a building. For the purposes of this subsection, a front facade of a building shall mean the primary entrance point for the public. Donation Boxes shall not be in the rear of any building which is not a pad site (defined as a nonresidential building of 6,000 square feet or less).

Donation Boxes may be located in the rear of pad sites (defined as a nonresidential building of 6,000 square feet or less) provided that they meet the other locational criteria.

Donation Boxes shall be located a minimum distance of twenty-five (25) feet away from the intersection of two (2) or more fire lanes and/or drive aisles, with the distance measured from the intersecting center lines of the fire lanes and/or drive aisles.

The maximum dimensions of a Donation Box shall be twelve (12) feet in width, twelve (12) feet in depth and seven (7) feet in height.

Donation Boxes shall not be located within in any required landscape buffers.

Donation Boxes shall not be located in any designated open space areas.

The placement of Donation Boxes must be approved as part of a Site Plan or a Substantially Conforming Site Plan.

The property owner shall sign and notarize the development application for the Site Plan or Substantially Conforming Site Plan authorizing the placement of the Donation Box on the property.

A decal to allow a Donation Box to be placed and used at a designated location shall be issued by Development Services at the time of the approval of the Site Plan or Substantially Conforming Site Plan. The decal shall be placed on the Donation Box in a visible location to identify the Donation Box as an allowed use on the property.

The operator of the Donation Box shall serve as the applicant on the development application. A separate application is required for each Donation Box operator for each site. If the Donation Box operator changes, the new operator must submit a new Substantially Conforming Site Plan prior to the change in operation.

The Site Plan or Substantially Conforming Site Plan shall detail a service plan for each Donation Box. The operator of each Donation Box shall be responsible for collecting the contents of the Donation Box to prevent overflow and littering and shall pick up all donated items at least once per week. The service plan shall include information regarding how many times a week donated items will be collected, the time of day the items will be collected, a vehicular circulation plan and a graffiti and litter abatement plan.

The operator of each Donation Box shall keep the real property situated within twenty-five (25) feet of the location of a Donation Box clean and free of trash, debris, broken glass, coat hangers, clothes, clothing accessories or excess donations.

The Donation Box operator and the real property owner shall be jointly and severally liable and responsible for the maintenance, upkeep and servicing of the Donation Box and the cleanup and removal of any donations left on the property outside of the Donation Box.

A violation of this Subsection (A)(19) shall constitute a public nuisance, and the City shall have the authority to abate any such violation as such. This provision does not exclude or limit the use of any other remedy available to the City under this Ordinance, the Code of Ordinances or the laws of the State of Texas.

Each Donation Box shall clearly indicate in writing on the front side of each box that all donations must fit into and be placed within the Donation Box. The size of lettering for the notice shall not be less than one-half inch in height.

A Donation Box operator or real property owner that fails to maintain the cleanliness of the surrounding real property may receive a notice of violation from the City. If the City elects to send a notice of violation to the e-mail address on file for the operator, the operator shall have forty-eight (48) hours to remedy the complaint. Failure to comply with a notice of violation may result in the issuance of a citation by the City. An operator who is issued more than one (1) citation in a twelve (12) month period for the same offense on the same Donation Box is subject to revocation of the approval for such Donation Box.

The requirements of this Subsection (A)(19) shall apply to all Donation Boxes regardless of whether the boxes were placed prior to the effective date of these regulations, except that any Donation Boxes existing on the effective date of these regulations shall come into compliance with the requirements of Subsection (A)(19)(b)–(d) and (f) not later than one (1) year after the effective date of these regulations. Donation Boxes existing on or before the effective date of these regulations shall have no legally existing nonconforming rights and shall immediately comply with the requirements of Subsection 3.02.01(A)(19)(e).

For the purposes of this section, a residential lot means a lot on which a residential use is located, a lot zoned residential, or a lot designated as residential on the Comprehensive Land Use Plan.

This provision intends to alter 4.07.12(A) Structures in Conjunction with any Automotive Use as it would apply to accessory gas pumps.

Accessory gas pumps do not have to meet the spacing requirement if:

A thirty (30) foot landscape buffer shall be provided adjacent to the right-of-way rather than a slip road according to Section 4.02.05 Street Frontage Landscape Areas - Street Type S3 - Double Row Street Frontage.

Shrubs and annual and perennial plants shall be planted and maintained adjacent to Preston Road and the intersecting street.

No external evidence of the occupation shall be detectable at any lot line, including advertising, signs, smoke, dust, noise, fumes, glare, vibration, or electrical disturbance beyond the property line;

No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the home occupation;

No storage of hazardous materials for business purposes shall be allowed on the premises;

The home occupation shall not have a separate entrance;

Not more than two (2) patron- or business-related vehicles shall be present at any one time, and the proprietor shall provide adequate off-street parking for such vehicles;

A maximum of one (1) commercial vehicle, capacity one (1) ton or less, may be used or parked on the property in connection with the home occupation. The commercial vehicle shall not be parked on the street;

The home occupation shall not require regular or frequent deliveries by large delivery trucks or vehicles in excess of one and one-half (1-1/2) tons. This shall not be construed to prohibit deliveries by commercial package delivery companies;

The home occupation shall not display advertising signs or other visual or audio devices which call attention to the business use;

Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made via the telephone, internet, or at a sales party may be filled on the premises; and

No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood, and any need for parking must 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.

Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, or similar profession;

Office of a salesman or manufacturer's representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises;

Author, artist, sculptor;

Dressmaker, seamstress, tailor, milliner;

Music/dance teacher, tutoring, or similar instruction, provided that no more than three (3) pupils may be present at any one time;

Swimming lessons or water safety instruction provided that a maximum of six (6) pupils may be present at any one time;

Home crafts, such as weaving, model making, etc.;

Repair shop for small electrical appliances, cameras, watches, or other small items, provided that items can be carried by one person with no special equipment, and provided that no internal combustion engine repair is allowed;

Child-Care: Licensed Child-Care Home, Child-Care: Listed Family Home, or Child Care: Registered Child-Care Home;

Barbershop, beauty salon, or manicure studio, provided that no more than one (1) customer is served at any one time;

Community home and other residential care facility that qualifies as a community home under the Community Homes for Disabled Persons Location Act, Chapter 123 of the Texas Human Resources Code and as amended, provided such facilities meet the requirements set out within this Ordinance;

Internet based businesses; and

Food Production Operations that produce non-potentially hazardous food. Examples of non-potentially hazardous foods include; bread, rolls, biscuits, sweet breads, muffins, cakes, pastries, cookies, fruit pies, jams, jellies, dry herbs, and dry herb mixes.

Animal hospital, commercial stable, kennel;

Boardinghouse or rooming house;

Schooling or instruction with more than five (5) pupils;

Restaurant or on-premises food/beverage consumption of any kind;

Automobile, boat, or trailer repair, small engine or motorcycle repair, large appliance repair, repair of any items with internal combustion engines, or other repairs shops;

Cabinetry, metal work, or welding shop;

Office for doctor, dentist, veterinarian, or other medical-related profession;

on-premises retail or wholesale sale of any kind, except home craft items produced entirely on premises;

Commercial clothing laundering or cleaning;

Mortuary or funeral home;

Trailer, vehicle, tool, or equipment rental;

Antique, gift, or specialty shop;

Any use defined by the building code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy; and

The Director shall determine whether a proposed use not specifically listed is appropriate as a home occupation. The Director shall evaluate the proposed home occupation in terms of its impact on neighboring property, its similarity to other allowed and prohibited uses, and its conformance with the regulations herein.

If the applicant disagrees with the determination of the Director, the applicant may appeal to the Planning & Zoning Commission.

I-Industrial.

R - Retail;

H - Highway;

C-1 - Commercial-1; and

C-2 - Commercial-2.

Indoor Gun Range buildings must be set back a minimum of 325 feet, as measured by straight line, from the Indoor Gun Range building to the property line of property on which single-family residential uses are allowed; civic uses such as schools and golf courses shall be excluded from this requirement;

Indoor Gun Range buildings shall be constructed and/or sound-proofed to prohibit any noise exceeding 75 decibels beyond the walls of the building. Decibel readings shall be measured at the exterior of each building wall;

A Facade Plan shall be required to be submitted by the applicant and adopted as part of the Specific Use Permit; and

A Zoning Exhibit shall be required to be submitted by the applicant and adopted as part of the Specific Use Permit.

Indoor/Outdoor Pool.

Spa/Sauna.

Weight Room/Fitness Center.

Playground.

Sports Court.

Plaza/Atrium.

Game Room.

Conference Room (1,000 square foot minimum).

A Private Club is permitted only by Specific Use Permit in the following zoning districts.

A Private Club is also permitted by Specific Use Permit in the following zoning districts only as an accessory use when in conjunction with the operation of a golf course.

Non-disruption of planned public roadways or facilities/projects (thoroughfares, parks, park trails, public pedestrian pathways, etc.);

Non-disruption to and from properties of future developments either on-site or off-site to the proposed subdivision;

No negative effect on traffic circulation on public streets;

No impairment of access to and from public facilities including schools or parks;

Adequate and timely provision of essential municipal services (emergency services, water/sewer improvements or maintenance, etc.);

Existence of natural and/or man-made boundaries around the development (creeks, floodplain, golf courses, parks); and/or

Absence of a concentration of Private Street Developments in the vicinity of the requested Private Street Development.

Criteria would include all the issues and procedures involved with new developments;

Petition signed by one hundred (100) percent of the owners in the existing subdivision requesting approval to convert to private streets;

Formation of a property owners' association, if none exists, that would be responsible for owning and maintaining the converted streets and rights-of-way;

Re-platting of existing subdivision to reflect changes; and/or

Applicant agreeing to contract with the City for purchase of the converted infrastructure and rights-of-way from the City.

Indoor/Outdoor Pool.

Spa/Sauna.

Weight Room/Fitness Center.

Playground.

Sports Court.

Plaza/Atrium.

Game Room.

Jogging Trail.

Conference Room (1,000 square foot minimum).

Full Service Restaurant (minimum seating capacity of 35).

Shall be permitted only with frontage along S.H. 121, Preston Road, the Dallas North Tollway, FM 423, or US 380.

Restaurants with drive-throughs are not permitted in the O-2 – Office-2 District.

A six-foot ornamental metal fence,

Three-inch caliper evergreen trees on 20-foot centers, and

Five-gallon evergreen shrubs on three-foot centers.

A six-foot clay-fired brick wall, and

Three-inch caliper evergreen trees on 20-foot centers.

An application with documented evidence of an immediate need for space to the Chief Building Official, who shall evaluate each application for a temporary building based on the following criteria:

A Preliminary Site Plan to the Development Services Department, providing for a permanent solution to the immediate need for a new temporary building(s) showing the permanent building(s), the temporary building(s), and the required parking, which is subject to the review and approval of the Planning & Zoning Commission; and

A Site Plan for the temporary building(s) to the Development Services Department, which is subject to the review and approval of the Planning & Zoning Commission

A Certificate of Occupancy is issued for the permanent building; or

The permit for the temporary building expires, whichever occurs first.

Has an approved and valid Preliminary Site Plan for the permanent building(s) and an approved and valid Site Plan for the temporary building(s); and

Has a specific plan of how an additional year would allow the applicant to construct the permanent building(s) by providing:

Compliance with Section 2.06.05 Nonresidential District Development Standards;

Compliance with Section 4.03.05(A) Outdoor Storage and Display Requirements; and

Proximity of proposed outdoor components to the closest Residentially Zoned District.

Wineries shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. Wineries shall obtain any other permits and/or licenses as required by the Texas Alcoholic Beverage Commission for any ancillary activities related to the sale of alcoholic beverages on and/or off-premises. These ancillary uses shall also comply with the regulations of this ordinance.

If fronting to a collector street, the collector street is required to have a direct connection to a major or minor thoroughfare.

If fronting to a collector street, the collector street is required to have a direct connection to a major or minor thoroughfare.

If fronting to a collector street, the collector street must have a direct connection to a major or minor thoroughfare.