University Park City Zoning Code
ARTICLE 5
Uses
§ 5.1 Principal Uses.
5.1.1
Table of Allowed Uses.
Principal uses are allowed in accordance with Table 5-1.
5.1.2
Interpreting the Use Table.
A.
Use Classification System.
Uses are listed in the first column of Table 5-1. This zoning ordinance classifies uses into categories and subcategories, which are defined in Section 5.2. In some cases, specific use types are listed in addition to the use categories and subcategories. The “definitions/regulations” (final) column of Table 5-1 includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
C.
Specific Use Permits.
Uses identified with an “S” may be allowed in the subject zoning district if reviewed and approved in accordance with the specific use permit procedures of Section 9.4. These uses are subject to compliance with any supplemental regulations identified in the final column of Table 5-1 and with all other applicable regulations of this zoning ordinance.
D.
Prohibited Uses.
Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted (as stated in Section 5.2.5) to fall within any defined use category or subcategory are also prohibited.
E.
Supplemental Regulations.
The “definitions/regulations” column of Table 5-1 includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires specific use permit approval.
F.
Accessory and Temporary Uses.
Accessory and temporary uses are not regulated by Table 5-1. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by specific use permit, subject to compliance with all applicable accessory use regulations of Section 5.3. Temporary uses are addressed in Section 5.4.
Table 5-1: Use Table | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
USE CATEGORY | SF 1-4 | SF A | D 1-2 | MF 1-3 | O 1-2 | GR | RC | SC | C | P | UC | Defini- tions | |||
Use Subcategory Specific use type | 1 | 2 | 3 | 4 | Regula- tions | ||||||||||
* = use permitted as of right | S = specific use permit required | – = prohibited use | |||||||||||||||
RESIDENTIAL | |||||||||||||||
Household Living | 5.2.6-A | ||||||||||||||
Detached house | * | * | * | * | – | – | – | – | – | – | – | – | * | * | |
Attached house | – | * | * | * | – | – | – | – | – | – | – | – | * | S | Table 2-11 |
Duplex | – | – | * | * | – | – | – | – | – | – | – | – | * | S | |
Apartment | – | – | – | * | – | – | – | – | – | – | – | – | – | – | |
Apartment (faculty or graduate student) | – | – | – | – | – | – | – | – | – | – | * | * | S | S | |
Group Living | 5.2.6-B | ||||||||||||||
Family home | S | S | S | S | – | – | – | – | – | – | – | – | – | – | |
Fraternity, sorority, dormitory | – | – | – | – | – | – | – | – | – | – | * | * | – | – | |
Nursing home | – | – | – | S(1) | – | – | – | – | – | – | – | – | – | – | MF-2 & 3 only |
PUBLIC, CIVIC AND INSTITUTIONAL | |||||||||||||||
College or University | – | – | – | – | – | – | – | – | – | – | * | * | – | – | 5.2.7-A |
Community Center | – | S | S | S | * | * | * | * | * | – | * | * | – | – | 5.2.7-B |
Fraternal Organization or Private Club | – | – | – | – | S | S | S | S | S | – | – | – | – | – | 5.2.7-C |
Governmental Service (not otherwise classified) | – | S | S | S | S | * | * | * | * | – | * | * | – | – | 5.2.7-D |
Library or Cultural Exhibit | – | S | S | S | * | * | * | * | * | – | * | * | S | S | 5.2.7-E |
Parks and Recreation (except as below) | * | * | * | * | * | * | * | * | * | – | * | * | – | – | 5.2.7-F |
Athletic field (intramural or intercollegiate) | – | – | – | – | – | – | – | – | – | – | * | * | S | S | |
Philanthropic Institutions | – | – | – | – | * | S | S | S | S | – | * | * | * | * | |
Religious Assembly | S | S | S | S | * | * | * | * | * | – | * | * | – | – | 5.2.7-G |
Safety Service | – | – | S | S | * | * | * | * | * | – | * | * | – | – | 5.2.7-H |
School | 5.2.7-I | ||||||||||||||
Private | – | – | S | S | * | * | * | * | * | – | * | * | – | – | |
Public | – | S | S | S | – | – | – | – | – | – | – | – | – | – | |
Utilities and Public Service Facilities | |||||||||||||||
Minor | S | S | S | S | S | S | S | S | S | S | S | S | S | S | 5.2.7-J |
Major | – | – | – | – | S | S | S | S | S | S | S | S | S | S | 5.2.7-K |
Wireless Communications Facility | 5.2.7-L | ||||||||||||||
Freestanding tower | – | – | – | – | * | * | * | * | * | – | * | * | – | – | |
Antenna | – | – | – | – | * | * | * | * | * | – | * | * | – | – | |
COMMERCIAL | |||||||||||||||
Adult restricted uses | – | – | – | – | – | – | – | – | – | – | – | – | – | – | |
Animal Services | 5.2.8-A | ||||||||||||||
Boarding | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Grooming | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Veterinary | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Assembly and Entertainment (except as below) | – | – | – | – | – | – | – | – | * | – | – | – | – | – | 5.2.8-B |
Cinema or theater | – | – | – | – | * | * | * | * | * | – | * | * | – | – | |
Health club/gymnasium | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Commercial Service | 5.2.8-C | ||||||||||||||
Building service | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Building support service | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Consumer maintenance/repair service | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Personal improvement service (except as below) | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Tanning salon | – | – | – | – | – | – | * | – | – | – | – | – | – | – | |
Research service | – | – | – | – | – | – | – | – | * | – | * | * | – | – | |
Day Care (except as below) | – | – | – | S | – | – | – | – | * | – | – | * | – | – | 5.2.8-D |
Day care for university faculty or students | – | – | – | – | – | – | – | – | – | – | * | * | * | * | |
Financial Institution | – | – | – | – | * | * | * | * | * | – | – | – | – | – | 5.2.8-E |
Lodging | 5.2.8-F | ||||||||||||||
Hotel or motel | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Boarding or rooming house | – | – | – | * | – | – | – | – | – | – | * | * | – | – | MF-3 only |
Office | 5.2.8-G | ||||||||||||||
Business or professional office | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Dental or health practitioner | – | – | – | – | * | * | * | * | * | – | * | – | – | – | |
Parking, non-accessory (except as below) | – | – | – | – | * | * | * | * | * | * | * | * | – | – | 5.2.8-H |
Parking lot for trucks and vans | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Restaurant | – | – | – | – | * | * | * | * | * | – | * | * | – | – | 5.2.8-I |
Retail Sales (except as below) | – | – | – | – | – | * | * | * | * | – | – | – | – | – | 5.2.8-J |
Building materials sales | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Drugstore or pharmacy | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Florist or garden shop | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Newsstand or bookstore | – | – | – | – | * | * | * | * | * | – | * | * | – | – | |
Smoke Shop | S | S | S | S | |||||||||||
Studio, Artist or Instructional Service | – | – | – | – | * | * | * | * | * | – | – | – | – | – | 5.2.8-K |
Vehicle Sales and Service | 5.2.8-L | ||||||||||||||
Personal vehicle repair and maintenance | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Fueling station | – | – | – | – | – | * | * | * | * | – | – | – | – | – | |
Personal vehicle sales | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Vehicle body and paint finishing shop | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
OTHER | |||||||||||||||
Helistop | – | – | – | – | – | – | – | – | S | – | S | S | – | – | 5.2.9-A |
Drive-in or Drive-through Facility | 5.2.9-B | ||||||||||||||
Financial institution uses | – | – | – | – | * | * | * | * | * | – | – | – | – | – | |
Other uses | – | – | – | – | – | – | – | – | – | – | – | – | – | – | |
Large-scale Use | Requires Planned Development (PD) Approval (Section 9.5) | 5.2.9-C | |||||||||||||
Public Transportation Facility | – | – | – | – | – | – | – | – | * | – | S | – | – | – | |
Radio or TV Tower, Commercial | – | – | – | – | * | * | * | * | * | – | * | * | – | – | |
Radio or TV Tower, Private to 40' height | * | * | * | * | * | * | * | * | * | * | * | ||||
Radio or TV Tower, Private over 40' height | S | S | S | S | * | * | * | * | * | * | * | ||||
Bakery (wholesale) | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Cabinet or upholstery shop | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Cleaning and dying plant | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
Equipment sales and service | – | – | – | – | – | – | S | S | * | – | – | – | – | – | |
Wine Storage | – | – | – | – | – | – | – | – | * | – | – | – | – | – | |
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20; Ordinance 23-026 adopted 11/7/2023; Ordinance 23-018 adopted 9/5/2023)
§ 5.2 Use Classifications.
5.2.1
General.
This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.
5.2.2
5.2.3
Use Subcategories.
Each use category is further divided into more specific “subcategories.” Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions.
5.2.4
Specific Use Types.
Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.
5.2.5
Determination of Use Categories and Subcategories.
A.
The community development director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.
B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the community development director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the community development director must consider:
1.
The types of activities that will occur in conjunction with the use;
2.
The types of equipment and processes to be used;
3.
The existence, number and frequency of residents, customers or employees;
4.
Parking demands associated with the use; and
5.
Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the community development director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”
5.2.6
Residential Use Category.
This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.
A.
Household Living.
Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging.
1.
Household.
Any number of individuals living together as a single housekeeping unit, in which not more than 2 individual are unrelated by blood, marriage or adoption. An individual may be considered a family.
B.
Group Living.
Residential occupancy of all or a portion of a building by a group other than a household. Group living uses typically include communal kitchen/dining areas. Examples of group living include community homes, nursing homes, assisted living facilities, fraternity and sorority houses and dormitories.
1.
Community Home.
A community-based residential home pursuant to Chapter 123, Texas Human Resource Code.
5.2.7
Public, Civic and Institutional Use Category.
This category includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large. The public, civic and institutional subcategories are as follows.
A.
College or University.
Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.
B.
Community Center.
A building and/or grounds that may be used by the City of University Park, or any person or entity as its designee, to provide recreational or social services for the benefit of citizens.
C.
Fraternal Organization or Private Club.
The use of a building or lot by a not-for-profit, social or business organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.
D.
Governmental Service.
Local, state or federal government services that are not otherwise classified in this section. Includes city hall and other buildings and related facilities operated by local, state or federal government.
E.
Library or Cultural Exhibit.
Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency other than the city for study and reading by the general public.
F.
Parks and Recreation.
Recreational, social or multi-purpose uses associated with public (including school district) parks and open spaces, including playgrounds, play fields, play courts and other facilities typically associated with public parks and open space areas.
G.
Religious Assembly.
A place of worship of recognized religions operated by persons qualified by special training in a seminary or a recognized school of religious training and which facility is open to the general public, including such accessory uses as church-operated nursery and educational facilities and on-site residence for religious personnel.
H.
Safety Service.
Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.
I.
School.
Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.
J.
Utilities and Public Service Facility, Minor.
Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.
K.
Utilities and Public Service Facility, Major.
Infrastructure services that typically have substantial visual or operational impacts on nearby areas.
L.
Wireless Communication Facility.
Towers, antennas, equipment, equipment buildings and other facilities used in the provision of wireless communication services.
1.
Freestanding Towers.
A structure intended to support equipment that is used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
2.
Antennas.
The physical device that is attached to a freestanding tower, building or other structure, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.
3.
Federal Law.
The wireless communication facility regulations of this zoning ordinance must be applied within the constraints of the Telecommunications Act of 1996 and Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012.
5.2.8
Commercial Use Category.
The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows.
A.
Animal Service.
Uses that provide goods and services for care of animals, including the following specific use types:
1.
Boarding.
Non-medical care provided for household pets within a completely enclosed building in a location other than their primary residence. Typical examples include indoor kennel services for dogs, cats and small animals, pet resorts/hotels, pet training centers conducted entirely indoors, and indoor doggy day care centers.
2.
Grooming.
Grooming of dogs, cats and similar small household pets conducted within a completely enclosed building, including dog bathing and clipping salons and pet grooming shops.
3.
Veterinary.
Animal hospitals and veterinary clinics, with all activities conducted within a completely enclosed building
B.
Assembly and Entertainment.
Uses conducted within a completely enclosed building that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Typical uses include health clubs, gymnasiums, billiard centers, bowling centers, cinemas and live theaters.
C.
Commercial Service.
Uses that provide for consumer, business or research services and for the indoor, low-impact repair and maintenance of a wide variety of products. Includes the following specific use types:
1.
Building Service.
Uses that provide maintenance and repair services for structural and mechanical elements of buildings. Typical uses include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning and similar services.
2.
Business Support Service.
Uses that provide personnel services, printing, copying, package (delivery) drop-off, photographic services or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, delivery/courier service drop-off location for consumers, caterers and photo developing labs.
3.
Consumer Maintenance and Repair Service.
Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Businesses that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as a “building service.”
4.
Personal Improvement Service.
Uses that provide personal grooming, cosmetic or health and well-being-related services. Typical uses include barbers, hair and nail salons, tanning salons and day spas.
5.
Research Service.
Uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution or sale of products. Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
D.
Day Care.
Uses providing care and supervision for 3 or more children away from their primary residence for less than 24 hours per day.
E.
Financial Institution.
A depository institution chartered by the state or federal government, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. This includes banks, savings and loan associations, mutual savings banks and credit unions. Automatic teller machines, kiosks and similar facilities that do not have on-site employees or amplified sound are not classified as financial institution uses if they meet the criteria for classification as an accessory use (see Section 5.3).
F.
Lodging.
Uses that provide temporary lodging for less than 30 days where rents are charged by the day or by the week. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Examples of specific lodging use types include:
1.
Hotel.
A lodging establishment that includes at least 12 individual guest rooms and provides customary hotel services.
2.
Boarding House or Rooming House.
A building, other than a hotel or motel, where lodging and meals for 3 or more persons who are not related by blood, marriage, or adoption, are provided for compensation or other services, reward or privilege.
G.
Office.
Uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, professional or medical services. Examples of specific use types include:
1.
Business or Professional Office.
Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations.
2.
Medical, Dental or Health Practitioner.
Office uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.
H.
Parking, Non-Accessory.
Parking that is not provided to comply with minimum off-street parking requirements or that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large.
I.
Restaurant.
An establishment that serves food or beverages for on-premises consumption as its principal business and in which more than 25% of the establishment’s floor area is devoted to seating/dining and customer service areas. Typical examples include restaurants, cafés, cafeterias. Restaurants may include beer, wine and alcohol sales for on-premises consumption if the operator holds a valid mixed beverage permit issued by the state alcoholic beverage commission in accordance with the provisions of Chapter 28 of the Alcoholic Beverage Code, provided the operator also holds a food and beverage certificate under Section 28.18 of the Alcoholic Beverage Code. Food service and eating places in which no more than 25% of the floor area is devoted to customer service or seating/dining area are classified as “retail sales.”
J.
Retail Sales.
Uses involving the sale, lease or rental of goods to the ultimate consumer.
K.
Studio, Artist or Instructional Service.
Uses in an enclosed building that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, artist studios and photography studios.
L.
Vehicle Sales and Service.
Uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory includes the following specific use types:
1.
Fueling Station.
Uses engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops.
2.
Personal Vehicle Repair and Maintenance.
Uses that repair, install or maintain the mechanical components of automobiles, small trucks or vans or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of these vehicles.
3.
Personal Vehicle Sales.
Uses that provide for the sale or rental of automobiles, small trucks, vans, or motorcycles within a completely enclosed building.
4.
Vehicle Body and Paint Finishing Shop.
Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means.
5.2.9
Other Use Category.
This category includes uses not included in other use categories.
A.
Helistop.
A landing pad or area for occasional, non-scheduled use by rotary-wing aircraft not exceeding a gross weight of 6,000 pounds and not including fueling or servicing facilities.
B.
Drive-in or Drive-through Facility.
Any use with drive-through windows or drive-through lanes or that otherwise offer service to the occupants of motor vehicles. Typical uses include drive-in or drive-through restaurants, drive-through banks and drive-through pharmacies. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use (Section 5.3).
C.
Large-scale Use.
Any use that occupies more than 40,000 square feet of floor area or requires more than 200 off-street parking spaces[.]
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20; Ordinance 24-022 adopted 8/6/2024)
§ 5.3 Accessory Uses and Structures.
5.3.1
Accessory Uses Allowed.
Accessory uses and structures are allowed only in connection with lawfully established principal uses.
5.3.2
Allowed Uses and Structures.
Allowed accessory uses and structures are limited to those expressly regulated in this article, including this section (Section 5.3) and Table 5-2, as well as those that, in the determination of the community development director, satisfy all of the following criteria:
A.
They are customarily found in conjunction with the subject principal use or principal structure;
B.
They are subordinate and clearly incidental to the principal use of the property; and
C.
They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use.
5.3.3
Time of Construction and Establishment.
5.3.4
Location.
A.
On-Site.
Accessory uses and structures must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly allowed.
B.
Rear Yard Location.
A detached accessory building or structure, including a garage, may be located in the rear half of the lot between the rear of the principal building and the midpoint of the lot if it is set back from the side lot lines at least 7 feet or a distance equal to 10% of the lot width, whichever is less.
C.
Front Yards.
In addition to the building encroachments allowed in accordance with Section 2.10, the following are expressly allowed within the front yard area of residential districts if they are constructed of permanent materials approved by the community development director:
1.
Up to 4 freestanding columns not exceeding 5 feet in height or 2 feet by 2 feet in dimension on lots with a width of less than 60 feet;
2.
Up to 4 freestanding columns not exceeding 5 feet in height or 3 feet by 3 feet in dimension on lots with a width of 60 feet or more;
3.
Freestanding columns not exceeding 8 feet in height on SF-1-zoned lots of more than one acre in area;
4.
Lamp posts that are not freestanding columns, no more than 6 inches in diameter and no more than 8 feet in height;
5.
Up to 4 statuaries, bird baths, pedestals or yard art objects per lot, not to exceed 5 feet in height or 20 cubic feet in volume per object and located at least 5 feet from all property lines;
6.
Lawn furniture, including benches, tables, and stools no more than 30 inches in height;
7.
Retaining walls no more than 2 feet above the average natural grade of the front yard;
8.
One flagpole per lot, not exceeding 25 feet in height, measured from natural grade, set back a minimum distance equal to the height of the flagpole, measured at natural grade, from all adjoining lot lines. The flag may not exceed 24 square feet in area; and
9.
Earth berms for landscaping and screening purposes, constructed of permanent materials approved by the community development director, provided that the height of the berm may not exceed 1 foot of height for every 2 feet of horizontal distance. The crown of the berm may not exceed 42 inches in height. Berms may not be located or erected so as to obstruct or interfere with vision of a public street by a motorist entering or existing a driveway.
5.3.5
Side Setbacks.
A.
Unless otherwise expressly stated, detached accessory buildings and structures must be set back at least 3 feet from any interior side lot line, as measured from the closest point of the structure[.]
B.
(Reserved)
C.
Attached accessory buildings are subject to the minimum side setback regulations that apply to the principal building.
D.
When located within 40 feet of the rear property line, windows or other openings greater than 12.5 feet above the top of the foundation or a vertical wall surface exceeding 12.5 feet in height may not be adjacent to any interior side lot line unless such windows, openings, or vertical wall surfaces are set back at least 20 feet from such interior side lot line.
5.3.6
Rear Setbacks.
Non-garage accessory buildings and accessory structures must be setback at least 3 feet from the rear lot line.
5.3.7
Lot Coverage.
The principal building, all accessory buildings and all other structures in excess of 30 inches above ground level may not cover more than 50% of that portion of the lot lying to the rear of the midpoint line of the lot.
5.3.8
Separation.
Detached accessory buildings must be separated by a minimum distance of 6 feet from the principal building. This required separation area may not contain stairs.
5.3.9
Tennis Courts (Private).
A.
Private tennis courts are allowed only if approved in accordance with the specific use permit procedures of Section 9.4.
B.
A private tennis court may not cover more than 20% of the overall lot area.
C.
Private tennis court surfaces and all appurtenances other than fences or walls must be set back at least 3 feet from the rear property line and any easements.
D.
No portion of a tennis court surface, fence, wall or other related appurtenance may be located within the front yard.
5.3.10
Swimming Pools (Private).
A.
General.
Swimming pools constructed on residential lots must be:
B.
Side and Rear Setbacks.
Swimming pools must set back at least 5 feet from all side and rear lot lines, measured from the inside walls of the swimming pool.
C.
Gates and Enclosures.
1.
Any gate allowing access to the swimming pool area from the outside through any accessory or detached building or structure other than the principal building may not exceed 48 inches in width and must also be equipped with self-latching mechanisms.
D.
Lighting.
Lights in the swimming pool area, except those within the swimming pool, may not be mounted at a height that exceeds the height of the fence surrounding the pool and must include full-cutoff type light fixtures to prevent light trespass and spillover onto adjacent properties.
E.
Drainage.
1.
Swimming pools must be equipped with proper filtration and water treatment equipment to ensure that the water will be sanitary at all times. Equipment must be connected by an underground conduit to the sanitary sewer adjacent to such property and a proper indirect waste connection must be made, as required by the plumbing ordinance.
2.
Deck drains or surface water may not be discharged into the sanitary sewer but must be diverted away from adjacent property into a storm drain either in the street or an alley.
5.3.11
Breezeways and Covered Walkways.
A.
A single-story breezeway or covered walkway may connect a principal building with a detached accessory structure, subject to compliance with the regulations of this subsection.
B.
The detached accessory building or structure to which the breezeway is attached must comply with all applicable accessory structure regulations (see Section 5.3.2).
C.
The breezeway or covered walkway must be at least 50% unenclosed and comply with the side setback regulations that apply to the principal building.
D.
The breezeway’s or covered walkway’s vertical walls may not exceed 12.5 feet in height, and the breezeway may not exceed 6 feet in width (measured between the structure’s vertical supports).
E.
The eaves or roof overhang on a breezeway or covered walkway may not exceed 24 inches.
5.3.12
Air Conditioner Condensing Units and other Mechanical Equipment.
Air conditioner condensing units, swimming pool pumps, power generators and similar mechanical equipment are subject to the following regulations:
1.
Equipment adjacent to streets or lots occupied by residential uses must be screened by a solid or wood fence, a wall or landscaping. Equipment may not exceed the height of the screening.
2.
In SFA zoning districts, equipment may be located in the rear yard along the common side property line of abutting SFA-zoned lots without screening if a party wall/mutual access agreement among abutting property owners is recorded.
3.
No more than 5 pieces of mechanical equipment may be located in a single side yard. A minimum clearance of 2 feet must be maintained between equipment and the side property line,
4.
At least one required side setback must be kept clear of all equipment.
5.
Equipment must be set back at least 2 feet from rear property lines.
6.
Placement of new equipment associated with the renovation, addition, and/or construction of a new residential structure must comply with the regulations of this section. Replacement of nonconforming mechanical equipment will be allowed to continue until the building site is redeveloped.
7.
Roof-mounted air conditioner condensing units and similar mechanical equipment are prohibited on residential dwelling units.
8.
Equipment may not exceed a height of 54 inches above the ground.
Figure 5-1: Breezeway/Covered Walkway  |
Figure 5-2: Example Plan of Accessory Structures on Typical Lot  |
5.3.13
Accessory Dwelling Units.
A.
Accessory dwelling units are allowed on lots occupied by single-family dwelling units, subject to compliance with the regulations of this subsection.
B.
Accessory dwelling units may be occupied only by immediate family members or by domestic workers who are full-time household employees of the owner/occupant of the subject property. In case of a live-in domestic worker family, all adult family members must be full-time household employees of the owner/occupant of the subject property.
C.
Accessory dwelling units may not be used for rental purposes or barter exchange.
D.
Kitchen, cooking, food preparation, bathroom and other plumbing facilities are allowed within an accessory dwelling unit.
E.
The accessory dwelling unit may not have separate utility meters.
F.
The community development director is authorized to issue a building permit to construct, remodel, or make addition to a residential accessory dwelling unit only if a deed restriction instrument limiting the use of the accessory dwelling unit to immediate family members or domestic workers who are full-time household employees of the owner/occupant of the subject property has been filed with the community development director in a form approved by the city attorney and sufficiently executed for recording in the Dallas County Deed Records.
5.3.14
Home Occupations.
A.
General.
A home occupation is allowed as an accessory use to an allowed household living use, subject to the regulations of this subsection 5.3.14.
B.
Operator.
The operator of a home occupation must be a full-time resident and member of the household occupying the dwelling unit. No other outside employees or assistants may be involved in the conduct of a home occupation.
C.
Sales.
The home occupation may not involve the sale of goods or services delivered to the buyer on the subject property.
D.
Operation and Appearance.
1.
There may be no visible evidence of the conduct of a home occupation when viewed from the street or right-of-way or from an adjacent lot.
2.
There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or site upon which it is conducted that will make the dwelling appear less residential in nature or function. Signs and other exterior advertisements are expressly prohibited.
3.
No outdoor storage of equipment or materials used in connection with the home occupation is allowed.
4.
No equipment or process may be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses beyond the boundaries of the subject lot.
5.
Home occupations may not cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property of the character of the area, or threaten the public health, safety or welfare.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 5.4 Temporary Uses and Structures.
5.4.1
General.
Allowed temporary uses and structures are limited to those expressly regulated in this article, including this section (Section 5.4) and Table 5-2, as well as those that, in the determination of the community development director are similar in nature those expressly identified. The community development director is also authorized to refer temporary use approval requests to the board of adjustment through the special exception procedures of Section 9.6.
5.4.2
Temporary Construction Structures.
Temporary buildings, offices, and building material storage areas used for construction purposes may be permitted for a specific period of time as accessory structures in accordance with a permit issued by the community development director and subject to periodic review by the community development director for cause shown. All temporary buildings, offices and other materials must be removed before issuance of a certificate of occupancy.
5.4.3
Portable Storage Containers.
A portable storage container may be placed in a front yard in a residential district for a period not exceeding one week to provide temporary storage for personal property from the residence to facilitate relocation and moving of household items to or from the residence.
Table 5-2: Accessory and Temporary Use Table | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Use Type | SF 1-4 | SF A | D 1-2 | MF 1-3 | O 1-2 | GR | RC | SC | C | * | UC | |||
1 | 2 | 3 | 4 | |||||||||||
* = use permitted as of right; S = specific use permit required; – = prohibited use | ||||||||||||||
Field or construction office (temporary) | * | – | – | – | * | * | * | * | * | – | * | * | – | – |
Home occupation | * | * | * | * | – | – | – | – | – | – | – | – | – | – |
Amateur radio or CB antenna to 40 ft. | * | * | * | * | * | * | * | * | * | – | * | * | – | – |
Amateur radio or CB antenna over 40 ft. | S | S | S | S | * | * | * | * | * | – | * | * | – | – |
Residential TV dish antenna | * | * | * | * | * | * | * | * | * | – | * | * | * | * |
Tennis court (private) | S | S | S | S | * | * | * | * | * | – | * | * | S | S |
Tennis court (unlighted) | – | – | – | – | – | – | – | – | – | – | * | * | * | S |
Swimming pool (private) | * | * | * | * | * | * | * | * | * | – | * | * | – | – |
Accessory bldg. or use – residential | * | * | * | * | * | * | * | * | – | – | * | * | * | * |
Accessory bldg. retail or commercial | – | – | – | – | * | * | * | * | * | – | – | – | – | – |
Accessory use to university | – | – | – | – | – | – | – | – | – | – | * | * | S | S |
Video drop box | – | – | – | – | * | * | * | * | * | – | – | – | – | – |
Massage therapy as accessory use in hair salon | – | – | – | – | * | * | * | * | * | – | * | – | – | – |
(Ordinance 18/038 adopted 1/6/18; Ordinance 21-001 adopted 1/5/21)