(a)

Permitted use table legend. The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed in accordance with permitted uses (P), uses permitted by a specific use permit (S), uses permitted by special exception (SE), and prohibited uses (blank). Conditions are provided in this section. Conditions and special regulations are for listed uses.

(b)

Any land use located in the table below that predates zoning ordinance changes shall then be considered legal nonconforming per article II, administration and enforcement. Specific to section 115-31, nonconformities.

(c)

Conditions and special regulations for listed uses. The following describe conditions and special regulations for uses listed in the permitted use table. Additional requirements may be added to these listed herein by the planning and zoning commission and city council as deemed necessary to protect the health, safety, and general welfare of the citizens of the city. No construction or occupancy shall commence for any permitted use until the conditions herein stated or required by the planning and zoning commission have been met.

(1)

Site plan. A site plan will be required in accordance with section 115-115, site plan requirements.

(2)

A site plan in accordance with section 115-115, site plan requirements, will only be required in districts which require a specific use permit.

(3)

May not be located within 300 feet of any property zoned for a residential use or any property which is occupied by a church, public school, day care, or nursing home. The measurement of distance shall be measured as a radius from the edge of the property line.

(4)

Permitted on a temporary basis only.

(5)

All outdoor lighting, including parking lot lighting, shall be directional away from any property zoned or developed for residential uses.

(6)

Any proposed stable or barn must be set back 150 feet from the property line. Only animals permitted within the corporate limits by the city code will be permitted on-site.

(7)

Must provide screening and/or landscaping consisting of fences/walls, beams [berms], or a combination of such from any abutting residentially zoned property.

(8)

Must provide screening and/or landscaping along the perimeter of the property containing the use.

(9)

Must meet the requirements of chapter 22, article X, Sexually oriented businesses.

(10)

Pens, outdoor kennels, or animal runs must be located 150 feet from any residentially zoned property.

(11)

No outside storage permitted.

(12)

All outside storage areas shall be screened with either landscaping, fences/walls, beams [berms] or a combination thereof.

(13)

A copy of the state certification of licensing or registration as described in human resources code § 42.052 must be provided to the city.

(14)

Parking areas shall be designed such that vehicles do not face any residentially used street.

(15)

Dumpster and loading areas shall not be located in areas adjacent to any abutting residential property.

(16)

No trash dumpster shall be located within 50 feet of a residentially zoned property.

(17)

No veterinary services shall be permitted.

(18)

Such incidental parts, maintenance, and repair facilities shall be completely located within an enclosed building.

(19)

Must only be used for the display and sale of automobiles that are in condition to be driven on or off the lot.

(20)

Shall not be used for the storage of wrecked vehicles, or the dismantling of vehicles or the storage of vehicle parts.

(21)

All vehicles being stored for repair shall be screened from all public rights-of-way.

(22)

No semi-trailer truck or tractor parking will be allowed adjacent to any residentially zoned property.

(23)

No outdoor boarding of animals may be permitted if adjacent to residentially zoned property.

(24)

No outdoor exercise areas, runs, or holding pens may be located within 50 feet of any residentially zoned property.

(25)

All equipment shall be stored and displayed on a hard, all-weather surface.

(26)

Antenna and towers shall be permitted and regulated in accordance with section 115-116, antenna facilities. Special exception may be granted for sites not meeting the requirements of section 115-116.

(27)

Swimming pools. It is the purpose of these provisions to recognize outdoor swimming pools as a potential attractive nuisance and to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.

a.

Permits and approvals. No swimming pool shall be constructed or used until a swimming pool building permit and certificate of occupancy have been issued therefor. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply will comply with applicable local and state health department regulations.

b.

Requirements. A swimming pool may be constructed and operated in conjunction with any permitted use or special use when:

1.

The pool is not located in any minimum yard space.

2.

A wall or fence, not less than six feet in height, with self-latching gates at all entrances, shall completely enclose either the pool area or the surrounding yard area, and such wall or fence shall not be located in a front yard.

3.

All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties.

4.

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.

(28)

Home occupations. In connection with the operation of a dwelling, any use permitted as a home occupation may be operated subject to compliance with the following conditions:

a.

Is operated in its entirety within the dwelling unit and only by the person maintaining a dwelling therein.

b.

Does not have a separate entrance from outside the building.

c.

Does not display or create outside of the building or structure any external evidence of the operation of the home occupation, including, but not limited to any display or visible evidence of such home occupation from the garage area of the home or structure.

d.

Does not have any employee or regular assistant not residing in the dwelling unit in which the home occupation is operated or maintained. Additionally, in no event shall employees or associates of a residential business or occupation meet at the residence for purposes of performing a dispatch function in connection with the home occupation.

e.

No traffic shall be generated by such home occupation in a greater volume than would normally exist in a residential neighborhood. Any need for parking generated by the home occupation shall be satisfied with off-street parking and shall not result in more than two customer vehicles at any one time (other than residents) and parking in a required front yard is expressly prohibited.

f.

Commercial delivery service shall not deliver goods or products to the home more than four times per month. Commercial delivery service shall be limited to vehicles which do not exceed 14,000 pounds and have two axles.

g.

No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

h.

No outdoor storage of any type shall be permitted with any home occupation.

(29)

Bed and breakfast.

a.

The operation of a bed and breakfast as defined in this section shall be subject to compliance at all times with the following:

1.

Off-street parking on the property shall be provided on the basis of two spaces for the facility plus one space for each guest bedroom. Such off-street parking shall be located behind the front building line of the structure and shall be screened from public view; however, if the bed and breakfast facility is located in a nonresidential zoned district, screening shall be required only on the property lines that immediately abut any residentially zoned property.

2.

Where a bed and breakfast facility is located in a district zoned residential, the total guest bedroom area of the structure shall not exceed 50 percent of the total floor area of the dwelling.

3.

There shall be no clear and present danger as to fire and fire safety. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto.

4.

The plumbing and electrical systems in the structure shall be in compliance with the applicable codes of the city.

5.

Where a bed and breakfast facility is located in a district zoned residential, no sign shall be on any portion of the property, except a sign not exceeding one-half square feet in area indicating the address, and if desired, the name of the occupant or the establishment.

6.

No guest may stay at the premises for more than 15 consecutive days.

b.

Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this section.

c.

If the actual authorized special exception use ceases for any reason, including storm, fire or other casualty, and such nonuse continues for a period of six consecutive months, the special exception use shall automatically expire for nonuse. Nonuse, for the purpose of bed and breakfast facilities, shall be defined as two consecutive quarterly reports which indicate that no tax has been collected for two consecutive quarters on said bed and breakfast facility, or any other evidence which indicates that the bed and breakfast has not operated as a bed and breakfast for six consecutive months.

(30)

Zero lot line dwelling district shall require a two-car enclosed garage for each individual dwelling.

(31)

Zero lot line dwelling district shall require a minimum floor space of 1,500 square feet per residential unit.

(32)

Where a four-family dwelling zero lot line town home concept has four contiguous tracts/structures, access for purposes of landscape and maintenance to the rear yard of the two interior tracts/structures shall be by virtue of an access easement across the rear yard of each of the two exterior tracts/structures. Conveyance of interests in said zero lot line town home tracts/structures shall include access easements for purposes of landscape and maintenance in the conveyance instrument. The two exterior tracts/structures must provide for access to the rear yard of the tract/structure for landscape and maintenance purposes.

(33)

Zero lot line dwelling districts shall require dedication to the city of park property equivalent to one-tenth of the total square footage of the development.

(34)

May only be assembled on public school property or on city property for local, state, or national government purposes.

(35)

May not be located within 1,000 feet of any other payday loan business or within 200 feet of any property used primarily for a single-family residence, a two-family residence, a town home, or an apartment building. The separation distances shall be measured from or to the outer wall of the payday loan business, and from or to the property line of the property containing the residential use.

(36)

Boarding or lodging houses shall require off-street parking at a rate of one space for each tenant and one space for the manager (on site).

(37)

Boarding or lodging houses shall meet all fire safety regulations including, but not limited to, fire alarm detection systems, fire suppression systems, egress illumination, commercial (type 1) hood systems, emergency escape and rescue openings and a knox box system.

(38)

Liquor stores (packaged) shall only be permitted along the Denton Highway and Rufe Snow Drive Corridors, shall be limited to no more than one (1) location on each corridor, and shall have at least one drive approach facing Denton Highway or Rufe Snow Drive, as applicable.

(39)

Separation. Liquor stores (packaged) shall not be permitted within 2,000 feet of a public school or 1,500 feet of a public park.

(40)

Liquor stores (packaged) shall require a minimum floor area of 3,000 square feet.

(41)

All liquor stores (packaged) shall require a drive through lane.

(42)

May not be located within 2,000 feet of a public school, or existing smoke/vape/hookah shop or lounge. Distance shall be measured from property line to property line.

(d)

Classification of new and unlisted uses. It is generally recognized that new types of land uses will develop, and forms of land use not anticipated may request 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 building official shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting 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 the facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, and amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated.

(2)

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district within which such use should be permitted.

(3)

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall, by ordinance, adopt the recommendations of the planning and zoning commission, in accordance with section 115-35(c), or make such determination concerning the classification of such use as is determined appropriate.

(Code 2001, § 14.201; Code 2010, § 14.02.001; Ord. No. 1565, § II, 7-28-2014; Ord. No. 1599, § III(Exh. A), 8-17-2015; Ord. No. 1600, § I(Exh. A), 8-17-2015; Ord. No. 1604, § I(Exh. A), 9-8-2015; Ord. No. 1648, § II(Exh. B), 10-16-2017; Ord. No. 1680, § I, 10-22-2018; Ord. No. 1712, § II, 6-10-2019; Ord. No. 2019-026, §§ 3, 4, 11-12-2019; Ord. No. 2021-046, § III, 10-11-2021; Ord. No. 2023-009, § III, 5-8-2023)