Seagoville City Zoning Code
Division 26
Special Uses
§ 25.02.631 Uses which may be authorized by ordinance.
The city council may, after public hearing and proper notice to all parties affected, and, after recommendation from the planning and zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize by ordinance the location of any of the following in the specified districts:
(1)
Private schools, kindergartens and nurseries teaching the same subjects as public elementary and high schools in the district, provided the building or buildings are set back from all required yard lines in the district in which they are to be located two feet for each foot of building height and provided off-street parking facilities are provided. For schools and kindergartens, a minimum building area of 30 square feet per pupil and minimum site area of 200 square feet per pupil shall be provided.
(2)
Institutions of religious, educational or philanthropic nature in any district.
(3)
Private housing projects and shopping center consisting of not less than three acres and when accompanied by a site plan drawn to scale and showing the arrangement of the project in detail together with essential requirements such as parking facilities, location of buildings and the uses to be permitted, and means of egress and ingress in any district.
(4)
Airport or landing field or airport facilities in any district.
(5)
Day nurseries in any district keeping more than four children.
(6)
Dog kennels and veterinarian hospitals in the commercial district or on a farm five acres or more in any district.
(7)
Temporary commercial amusement enterprises such as circuses, carnivals, driving ranges, miniature golf courses, pony rides, miniature train rides and rodeos in any district.
(8)
Riding academy or public stable on a site of five acres or more in any district.
(9)
Radio broadcasting towers and stations, television towers and television transmitting stations in any district.
(10)
Gas and electrical public utility regulating stations in any district.
(11)
Hospitals, children's homes, convalescent homes, old people's homes, maternity homes in the "A" District or in any district where a site of five acres or more is provided.
(12)
Homes for the insane, alcoholic, feeble-minded and narcotics in the "C" district or in any district where a site of 20 acres or more is provided.
(13)
Lodges, boarding houses, rooming houses in the "A" district.
(14)
Community buildings in an "A" district or on a site of three acres or more in any district.
(15)
Drive-in theatres in the local retail district or on sites of ten acres or more in any district.
(16)
Greenhouses and nurseries in any district.
(17)
Rock quarries, sand, gravel, and earth excavations. At the time the permit is granted, the city council may impose reasonable conditions for the protection of public health and safety, any may provide for the restoration of such property to a usable condition after uses have been terminated.
(18)
Dental and medical offices and clinics in the "A" district.
(19)
Feed stores in the "LR" district.
(20)
Automobile wrecking yard in the heavy manufacturing district.
(21)
Junkyard in the heavy manufacturing district.
(22)
Temporary and seasonal sales establishments, such as flea market or produce stand in any district.
(23)
Cemetery in any district.
(24)
Roller skating rink in "LR" district.
(25)
Motor raceway in "LR" or "AG" district.
(26)
Travel trailer park in any district.
(27)
Sewage treatment plant in any district.
(28)
Concrete batch plant in any district.
(29)
Single-family and multifamily dwelling units in nonresidential districts.
(30)
Used car lots in "LR" district.
(31)
Sale of mobile/manufactured homes, subject to the following conditions:
(A)
"C" Commercial zoned property of 3.5 acres or more;
(B)
Underpinning must be furnished for all homes parked within 100 feet of any public street;
(C)
Full landscape plan must be submitted and approved as part of SUP;
(D)
Decorative frontal fencing (such as wrought iron) shall be required; and
(E)
No alterations may be made to any home parked within the first 100 feet of any public street.
(32)
Wind energy conversion system (WEC) in any district, provided that such device is in accordance with the definitions of such devices in division 37 (definitions), as amended, and in accordance with all special regulations for such devices in division 32 (regulations applicable to all districts), section 25.02.713 (wind energy conversion systems).
(33)
Bakery, commercial in "C" district.
(34)
Bar, beer tavern, lounge in "C," "LM" and "HM" districts.
(35)
Brewery, distillery in "LM" and "HM" districts.
(36)
Cargo container in "LM" and "HM" districts.
(37)
Convenience store/mini-mart.
(38)
Tobacco shop in "LR," "C," "LM" and "HM" districts.
(39)
Drive-in service in "LR," "C," "LM" and "HM" districts.
(40)
Drive-through service in "LR," "C," "LM" and "HM" districts. A special use permit is not required for a financial institution or a restaurant with at least fifty-one percent (51%) of revenue derived from food sales.
(41)
Walk-up service in "LR," "C," "LM" and "HM" districts.
(42)
Microbrewery/brewpub in "LR," "C," "LM" and "HM" districts.
(43)
Night club/dance hall in "C," "LM" and "HM" districts.
(44)
Outside display, used materials, in "C," "LM" and "HM" districts.
(45)
Outside storage, new materials in "C" district.
(46)
Outside storage, used materials in "C," "LM" and "HM" districts.
(47)
Outside storage of any type of materials exceeding eight feet (8') in height in "C," "LM" and "HM" districts.
(48)
Travel center in "C," "LM" and "HM" districts.
(49)
Winery in "LM" and "HM" districts.
(50)
Winery, boutique in "C," "LM" and "HM" districts.
(51)
Wine-tasting room in "LR," "C," "LM" and "HM" districts.
(52)
Addition of the sale of prepackaged food or beverages to the operation of a retail or business operation already in existence on the effective date of this section (May 2010) in any district.
(53)
Sales of prepackaged food and/or beverages, in combination, that exceeds 10% of an establishment's gross annual sales revenues in any district.
(54)
Mortuary uses, only in stand-alone buildings, in local retail districts.
(55)
Wedding services and event center uses, only in stand-alone buildings, in local retail districts.
(56)
Hotel and motel in a "C" district. A special use permit in a commercial district for a hotel or motel use may be approved only when there is a finding and determination by the city council, following a favorable recommendation by the planning and zoning commission, that the type of hotel or motel proposed is compatible and consistent with and will have no adverse effect on existing uses in the area, that the proposed use is equal to or exceeds development standards of other uses and that the proposed use will not adversely affect the ability to locate, in the future, additional uses that are allowed within the zoning district of the area.
Hotel and motel developments shall be subject to the following development standards:
(A)
A minimum lot size for a hotel or motel development shall be no less than four acres, with the exception that a lot size less than four acres may be permitted provided the city council, following a favorable recommendation by the planning and zoning commission, and after review of submitted data and facts, finds and determines that such facility is an appropriate use, design and lay-out for the site and area. Under no circumstance shall a lot of less than two acres be utilized for this use.
(B)
Shall provide staff on-site 24 hours a day;
(C)
Shall contain a lobby with a minimum of 150 square feet;
(D)
Shall provide a minimum of three (3) amenities from the list below:
(Ordinance 467, sec. 1, adopted 6/20/78; Ordinance 17-89, sec. 2, adopted 10/19/89; Ordinance 07-91, sec. 1, adopted 5/2/91; Ordinance 33-03, sec. 1, adopted 8/21/03; Ordinance 40-03, sec. 1, adopted 10/16/03; Ordinance 24-08, sec. 1, adopted 9/17/09; Ordinance 04-10 adopted 5/6/10; Ordinance 03-2017, sec. 2, adopted 3/6/17; Ordinance 22-2017 adopted 10/2/17; Ordinance 32-2019 adopted 9/16/19; Ordinance 14-2023 adopted 6/5/2023)
§ 25.02.632 Changes in zoning.
Where the planning and zoning commission is considering a change in zoning from a residential or apartment zoning to a lower classification and the area in question involves three or more acres under one or more owners, or it contains lesser area and would constitute the extension of an existing district whereby the provision of off-street parking facilities, screening walls, fences or planting and open space would create a protective transition between a lesser and more restricted district, or if it would create a protective transition between a lesser and more restricted district, or if it would constitute the extension of an existing special use area, the planning and zoning commission may, within its discretion, make the following recommendations to the city council:
(1)
Recommend against the change in zoning.
(2)
Recommend a change in zoning.
(3)
Recommend that a special use permit for such area be granted together with its recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of egress and ingress to the public street, provisions for drainage, parking space and street layouts, and protective screening and open space.
(Ordinance 17-89, sec. 2, adopted 10/19/89)
§ 25.02.633 Special use permit.
Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such permit, the city council may impose conditions which shall be complied with by the grant [grantee] before certificate of occupancy. The following are regulatory measures which can be included in the consideration of a special use permit:
(1)
Special parking requirements.
(2)
Submission of a site plan showing the proposed development.
(3)
Approval of means of ingress and egress.
(4)
Approval of building size and location.
(5)
Control of outside lighting and screening.
(6)
Special setbacks and/or building lines.
(7)
Surfacing of parking areas and drives.
(8)
Installation of curbs and drainage structures.
(9)
Approval of use or uses permitted.
(Ordinance 17-89, sec. 2, adopted 10/19/89)