Section 10. USE OF LAND AND BUILDINGS  

10-100.  Land and building in each of the zoning districts may be used for any of the 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 those uses specified as permitted uses in the district in which it is located according to the following use schedule and in accordance with the provisions of the following sections of this ordinance.

Adopted 12-4-2006

SCHEDULE OF USES BY DISTRICT
* = Allowed in PD, if specifically mentioned in the PD document; S = Allowed by Specific Use Permit; N = Not allowed; Blank = Allowed by right

(Ord. No. 311, § 4, 11-26-1984; Ord. No. 376, § 4, 10-28-1985; Ord. No. 448, § 2, 9-29-1986; Ord. No. 739, § 1, 2-10-1992; Ord. No. 802, § 1, 5-3-1993; Ord. No. 97-989, § 1, 8-4-1997; Ord. No. 01-1328, § 2, 11-19-2001; Ord. No. 03-1515, § 1, 12-1-2003; Ord. No. 04-1553, § 2(10-200), 4-19-2004; Ord. No. 05-1611, § 1, 9-6-2005; Ord. No. 06-1634, § 1, 1-16-2006; Ord. No. 06-1699, § 1, 12-4-2006; Ord. No. 2010-1872, § 2, 10-5-2010; Ord. No. 2011-1923, § 2, 11-1-2011; Ord. No. 2012-1978, § 2, 9-18-2012; Ord. No. 2013-2013, § 2, 7-16-2013; Ord. No. 2013-2019, § 2, 8-20-2013; Ord. No. 2014-2038, § 2, 1-7-2014; Ord. No. 2014-2039, § 4, 1-7-2014; Ord. No. 2014-2109, § 2, 12-16-2014 ; Ord. No. 2015-2126 , § 2, 3-3-2015; Ord. No. 2015-2149 , § 2, 6-16-2015; Ord. No. 2016-2242 , § 2, 12-6-2016)

(10-216) In I districts, no new residential dwellings may be erected, but any single-family residential dwelling existing at the time of the passage of this ordinance may be repaired, altered or added to and accessories erected thereto accessory to the residential character and use, the same as could be done if said dwelling were erected in a single-family residential district.

10-300. Definitions and explanations applicable to use schedule.

(10-301) The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as noted in 10-200, Schedule of Uses.

(1)

Single family: Any number of individuals living together as a single housekeeping unit in which not more than two individuals are unrelated by blood, marriage or adoption. Foster children under the age of 19 shall be considered as being related to their foster parent or parents. All such structures shall be detached in the SF-1, SF-2, SF-3 and SF-4 dwelling districts.

(Ord. No. 448, § 2, 9-29-1986)

(2)

Duplex: Two dwelling units each occupied by not more than one family.

(3)

Townhouse: A single-family use with supplemental provisions specified in section 10-1800.

(4)

Multiple family: Three or more dwelling units each occupied by not more than one family. All living units shall be separated from all other portions of the building by one hour rated fire walls, including attic space, within the vertical plane of any unit's party walls and that all exterior walls be one-hour fire rated. Five per cent of the square footage in each dwelling unit must be storage area. Fifty square feet per unit must be provided on site for dead storage. Parking of boats, recreational vehicles and trailers shall be prohibited in the parking lots of said units. All principal buildings and structures shall be of exterior fire-resistant construction, having at least forty (40) per cent of the total exterior walls below the highest plate line, excluding doors and windows, constructed of brick, stone or other masonry or material of equal characteristics in accordance with the city's building code and fire prevention code.

(Ord. No. 376, § 5, 10-28-1985)

(5)

Community unit development: A related group of dwelling units and associated uses which conform to the type of dwelling units and uses which are permitted in the district in which the development is located and which are planned as an entity and subject to design, development and regulation as a single related and unified residential development by a single owner or group of owners acting jointly. The area, density and site requirements on individual dwelling units may vary from the standards of the district in which the community unit development is located, but the overall density standards for the district shall be observed.

(6)

Lodging or boarding: Lodging shall mean where one or more dwelling units are occupied or intended to be occupied by five (5) or more persons who are not husband and wife, son or daughter, mother or father, sister or brother of the owner or operator. Boarding shall mean where meals are provided by the operator of a lodging house.

(7)

Trailer court, mobile home park and campground: A lot, tract or parcel of land used to accommodate trailers, recreational vehicles, tents or mobile homes as a place of residence. Such a use may be in single ownership with temporary sites or stands for hire or it may be a lot in a subdivision expressly designated as a mobile home subdivision.

(8)

Motel: A building designed for the overnight or temporary lodging accommodations for travelers containing six or more guest rooms or units for compensation on a daily rate providing basic services such as linen, maid service and the use of furnishings with exterior entries to rooms. The term excludes hotels of any kind.

(9)

Community center (private): An integral part of a residential project or community unit development used by the tenants of such a project for a place of meeting, recreation or social activity and under the management and unified control of the operators of the project. A private community center shall not be operated as a place of public meetings, or as a business, nor shall the operation of such facility create noise, odor or similar conditions beyond the bounding property line of the project site nor shall any alcoholic beverage permit for the sale of such beverages be issued for such facility.

(10)

Required off-street parking: Parking spaces required by Section 13.

(11)

Stable (private): Quartering of horses as specified in 10-1700.

(12)

Swimming pool (private): A swimming pool constructed for the exclusive use of the residents at a single-family, duplex, townhouse or apartment dwelling located and fenced in accordance with the standards and regulations of the City of The Colony. Such private swimming pool shall not be operated as a business nor maintained in such a manner as to be hazardous or obnoxious to adjacent property owners nor shall it be constructed in the required front yard. Swimming pools may be located within the required side or rear yards; however, they shall not be located closer than three (3) feet to any property line.

(Ord. No. 327, § 1, 3-18-1985)

(13)

Temporary field or construction office: Temporary office and temporary material storage use in connection with the property. This use may be permitted for a specified period of time in accordance with a permit issued by the building official.

(14)

Home occupation: A home occupation is an occupation carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises, without the use of equipment other than that customarily found in a household and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as emission of odor, increased traffic or generation of light or smoke, and where the use is carried on in the main structure only. A home occupation specifically excludes the operation of a repair shop or garage, antique shop, beauty shop, barber shop, plumbing shop, manufacturing process, or similar sales or service activity on residential premises. Materials used in connection with any commercial use on a residential lot or tract shall not be stored on said residential lot or tract except for company vehicles of less than one ton carrying capacity used for passenger transportation only.

(Ord. No. 377, § 1, 10-28-1985; Ord. No. 592, § 1, 7-17-1989)

(15)

Apartment accessory uses: Permitted uses accessory to an apartment building shall include a recreation room, employee's washroom, a manager's apartment and office and laundry. Such a recreation room shall be for the exclusive use of the tenants and their guests and no alcoholic beverage permit for the sale of such beverages shall be issued for such facility. When provided an employee's washroom shall be accessible only to the outside of the apartment building and not through any other room in the building and the washroom be limited to a maximum of thirty (30) square feet in floor area. The manager's apartment may be used as an office, but such facility shall be included in computations of lot area requirements. The laundry room may be used for clothes washing and drying facilities for the exclusive use of the tenants and no exterior advertising of such uses shall be permitted.

(16)

Reserved.

(17)

Electrical substation: Location for transforming electricity prior to distribution to individual customers.

(18)

Electric energy generating plant: Facility for generating electricity from mechanical power produced by gas, coal or nuclear fission and franchised by the city.

(19)

Local utilities: The usual electric power, telephone, gas, water, sewer drainage lines and those in line facilities such as gas regulating stations and water pumping stations but not to include above-ground storage tanks, electrical transmission lines designed and constructed by the municipality or a franchised utility company.

(20)

Reserved.

(21)

Commercial radio or television transmitting station: Facility for transmission of commercial programming by radio or television within the commercial bands of the spectrum.

(22)

Sewage pumping station: Facility for pumping sewage, usually to a higher level.

(23)

Sewage treatment plant: Facility for receiving and treating sewage from city sanitary sewer system.

(24)

Telephone exchange, switching and transmitting equipment only: Nonattended switching or transmitting telephone service but not including business office facilities, storage or repair shops or yards.

(25)

Utility (public or private) or governmental installation, not elsewhere listed: Any use by public or private facility franchised or operated by the City of The Colony such as closed circuit television or steam distribution or other utility not specifically covered by the uses listed in the use schedule, 10-200. Any installation owned or leased by a governmental agency such as a local transit station, local transit turnaround, fire station, police station, courthouse, or any municipal or other facility not specifically covered by use schedule, 10-200, will be allowed.

(26)

Water reservoir, well or pumping station: An artesian well or artificial underground reservoir where water is collected and kept in quantity for use by the city water system. A pumping station is a facility for transporting water including pump or pumps, piping, valves and controls sufficient for quantity requirements.

(27)

Water treatment plant: Facility for purifying, supplying and distributing city water including system of reservoirs, channels, mains and purifying equipment.

(28)

Post office: A government service and its facilities to handle the transmission, sorting and local distribution of mail. Such facilities shall include main branches, substation branches and neighborhood coin-operated self-service stations.

(29)

Church: The place of worship and religious training.

(30)

Cemetery or mausoleum: A place or ground designated for burial of the dead. A mausoleum is a building with places for entombment of the dead.

(31)

Convent or monastery: The dwelling units of a religious order or congregation for persons under religious vows.

(32)

College, university or seminary: A college or university is an academic institution of higher learning beyond the level of a public or parochial elementary or secondary school. A seminary is an institution for the training of candidates for the priesthood, ministry or rabbinate.

(33)

Day nursery or day care center: A child-care facility that provides care for more than twelve (12) children under fourteen (14) years of age for less than twenty-four (24) hours a day. For purposes of this definition, the term "child-care facility" shall have the same meaning as provided in V.T.C.A., Human Resources Code § 42.002 as they same may be amended or superseded from time to time.

(34)

Foster home: Foster home consists of three (3) categories which are (1) boarding home, (2) foster group home, (3) child caring institution. The definition of each type of foster home within each of these categories is stated in Section 2032 of The Colony City Code.

(35)

Private school, kindergarten or institution for special education: An educational institution licensed by the state, except a parochial, denominational or charitable school or institution, which provides a basic academic education comparable to that provided in the public schools of the state; or one that provides special training and/or care suitable to persons with above-average intelligence or defective, delinquent or dependent persons such as retarded, dyslexia, autistic, or brain damaged persons.

(36)

Day camp: An open-air recreational area maintained under public or private auspices with facilities comparable to those found in city parks and playgrounds.

(37)

College fraternity or sorority: An organization formed chiefly for social purposes which may have secret rites and a name usually consisting of Greek letters.

(38)

College dormitory: A college resident hall providing sleeping rooms.

(39)

Institution for care of alcoholic, narcotic or psychiatric patient: An establishment offering resident or out-patient treatment to alcoholic, narcotic or psychiatric patients. A minimum site of ten (10) acres shall be required in a residential district.

(40)

Hospital: An institution which is licensed by the State of Texas where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and/or where persons suffering from generally permanent types of injury, illness, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis.

(41)

Institution of a religious, charitable or philanthropic nature: Activities sponsored or operated by organizations established for religious or philanthropic purposes including homes for the aged, resident homes for indigent or handicapped, training and educational facilities and similar establishments.

(42)

Library, art gallery or museum (public): An establishment for the loan or display of books, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

(43)

Nursing home or convalescent home: Facility providing care and minor treatment under the direction of a physician licensed by the state, or facility providing a variety of services to patients for the purpose of achieving rapid recovery. May furnish basic provisions of food and laundry.

(44)

Residence home for aged: A place for care of persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. Not an institution of a religious, charitable or philanthropic nature.

(45)

School, business: A business enterprise, not a public or private school, offering instruction and training in a service or art, such as secretary, barber, commercial artist, but not including commercial trades or crafts.

(46)

School, commercial, trade or craft: A business enterprise, not a public, private or business school, offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.

(47)

School, public or denominational: An educational institution regulated by the state which is operated by public or religious agency having a curriculum including kindergarten, elementary or secondary education, but not including private, business, commercial, trade, or craft schools.

(48)

Community, welfare or health center: A community service facility where social, recreational, welfare, health, or child care assistance is provided by a public, quasi-public, tax exempt, church, or municipal agency.

(49)

Rectory: Housing facilities either on the site of a church or elsewhere. Such housing, however, when more dense than that allowed in single-family dwelling districts, shall conform in number of units to the zoning limitations in effect in the district wherein the property is located.

(50)

Bar, lounge or tavern: An establishment the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors, and where food service, if any, is secondary to the sale of beer, wine or other liquors. It shall be presumed that an establishment is a bar, lounge or tavern where seventy-five (75) per cent or more of the establishment's gross receipts is derived from the on-premises sale of alcoholic beverages.

(Ord. No. 563, § 2(B), 11-14-1988)

(51)

Eating place with drive-in service: An establishment offering food for sale to customers in automobiles and wherein the food service is to the automobile, but which does not include the serving of beer, wine or liquors.

(Ord. No. 161, § 1, 7-6-1981)

(52)

Eating place with drive-through service: An establishment other than a bar, tavern or lounge where the primary activity is the sale and service of food to customers and where beer, wine or liquors are served incidental to the serving of food.

(53)

Restaurant, eating place with beer, wine or liquor: An establishment other than a bar, tavern or lounge where the primary activity is the sale and service of food to customers and where the sale of beer, wine or liquors is incidental to the serving of food.

(Ord. No. 563, § 2(B), 11-14-1988)

(54)

Eating place with dancing or entertainments: An establishment the primary activity of which is the sale and service of food or beverage to customers and which incidentally may offer music, entertainment or facilities for dancing by patrons, but which does not include the serving of beer, wine or liquors.

(Ord. No. 161, § 2, 7-6-1981)

(55a)

Private club—Eating place with beer, wine, or liquor: A group of people associated or formally organized for a common purpose, interest or pleasure, other than a bar, lounge or tavern, where the primary activity is the sale and service of food, where the sale of beer, wine and liquor is incidental to the serving of food, none of which are available except to members or their guests.

(Ord. No. 739, § 1, 2-10-1992)

(55b)

Private club—With bar service: a group of people associated or formally organized for a common purpose, interest or pleasure, in an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors, and where food service, if any, is secondary to the sale of beer, wine and other liquors; none of which are available except to members or their guests. It shall be presumed that an establishment is a bar, lounge, or tavern where seventy-five (75) per cent or more of the establishment's gross receipts is derived from the on-premises sale of alcoholic beverages.

(Ord. No. 739, § 1, 2-10-1992)

(56)

Catering service: A facility that provides service and a supply of food to be consumed off-premises.

(57)

Bank or savings and loan office: A facility the primary use of which is the custody, loan exchange or issue of money; the extension of credit; and the transmission of funds. The term excludes "credit access business."

(58)

Clinic: Medical, dental or optical: Facility for examining, consulting with, and treating patients, including offices, laboratories and outpatient facilities but not including hospitals beds for overnight care or treatment.

(59)

Laboratory: Medical, dental or optical: Facility for testing and analyzing problems of general health.

(60)

Laboratory: Scientific testing—Precision: Facility which performs a scientific test, analysis or experimental study.

(61)

Medical appliance fittings and sales: Facility specializing in special purpose devices related to medical treatment.

(62)

Mortuary or funeral home: Facility in which dead bodies are prepared for burial or cremation, and kept until burial; and in which funeral services may be conducted.

(63)

Office, general: A place for the regular transaction of business but not to include home occupation, retail sales, transfer of manufactured goods and/or storage of commodities.

(64)

Optical shop: Facility for a dealer in optical items for correcting vision.

(65)

Studio: Art, music, ceramics, drama, speech, dance or similar skills: The instructing, coaching or counseling in art, music ceramics, drama, speech, dance or similar personal skills or arts.

(66)

Studio, broadcasting and/or recording: Facility for broadcasting live or prerecorded programs by radio and/or television; and/or recording on records, tapes, video tapes or other suitable recording media. Such facility may perform activities necessary for recording programming and receiving of radio and/or television signals. Such facility shall not engage in mass production.

(67)

Animal clinic or hospital (without outside runs): Facility without outside runs for diagnosis, treatment, or hospitalization or household pets including but not limited to dogs, cats, birds and horses.

(68)

Animal clinic or hospital (with outside runs): Facility with outside runs for diagnosis, treatment or hospitalization of household pets including but not limited to dogs, cats, birds and horses.

(69)

Animal pound (public or private): Public or private facility including outside runs for enclosure of animals, especially stray or unlicensed pets.

(70)

Farm or ranch: An area of five acres or more which is used for growing of usual farm products—vegetables, fruits, trees, and grain; for the raising thereon of the usual farm livestock including cattle and horses; and/or for a private stable, pen, barn, shed or silo for raising, treating and storing products raised on the premises but not including any type of agriculture or husbandry specifically prohibited by ordinance or law, and not including a dwelling unit. Livestock shall be maintained according to the ratios in the table below or in accordance with chapter 5 of The Colony Code of Ordinances.

(Ord. No. 06-1634, § 1, 1-16-2006)

(71)

Garden shop and plant sales, display or greenhouse: Facility for the growing, display and sale of garden and/or flower seeds, plants, nursery stock, and related items which may include a glassed enclosure for the cultivation or protection of tender plants.

(72)

Hatchery and breeding operation: Facility for hatching eggs and/or breeding of animals.

(73)

Livestock auction pens or sheds: Facility for public sale to the highest bidder of animals including but not limited to horses, cows and sheep.

(74)

Pet shop: Facility for the display and sale of small animals, fish and birds as pets, such as dogs, cats, parakeets, goldfish, tropical fish or canaries, but not involving commercial boarding or treating of any animal, fish or bird.

(75)

Stable, commercial: Facility which boards and/or rents horses to the public; but not including a sales barn, auction or similar trading activity.

(76)

Veterinarian's office (no hospital): Office facility for the prevention, treatment, cure or alleviation of disease and injury in animals, especially domestic animals; outpatient treatment only—no boarding.

(77)

Zoo, commercial: Private facility consisting of zoological garden and/or collection of animals for display to the public.

(78)

Zoo, public: Tax supported institution consisting of zoological garden and/or collection of animals for display to the public.

(79)

Kennels, indoor/commercial pet sitting: An establishment with indoor pens in which more than six adult dogs or domesticated animals are housed during the day or overnight, groomed, boarded, exercised, trained, or sold for commercial purposes. Animal transportation service may be provided. No outdoor runs or pens are allowed. This definition excludes any breeding operation. Refer to chapter 5 for additional regulations.

Kennels, outdoor runs: An establishment that includes any outdoor areas for play, exercise or ventilation in which more than six adult dogs or domesticated animals are housed during the day or overnight, groomed, bred, boarded, exercised, trained, or sold for commercial purposes. Breeding operations may be included as part of an outdoor kennel facility. Animal transportation service may be provided. Refer to chapter 5 for additional regulations.

Adult animal. Shall mean any animal that has reached the age of four months.

(80)

Art needlework: Hand sewing, knitting or weaving of handicraft objects for sale on a customer order basis and not a factory.

(81)

Barber and beauty shop: A facility licensed by the state where hair cutting, hair-dressing, shaving, trimming beards, facials, manicures and/or related services are performed.

(82)

Book, handcraft binding: Hand binding on a custom basis of books and similar documents.

(83)

Cabinet and woodwork shop, custom: Shop for the repair or creation of individual items of furniture and wooden home furnishing on a custom basis; not a factory, planing mill or similar woodworking plant.

(84)

Cleaning shop, small custom: An establishment for custom cleaning only of individual garments, fabrics, rugs, draperies or other similar items and not a bulk or commercial type plant.

(85)

Cleaning shop, commercial: A plant for cleaning garments, fabrics, rugs, uniforms, draperies or other similar items on a commercial or bulk basis.

(86)

Custom sewing and millinery: Custom making of apparel and millinery, not involving a factory.

(87)

Handcraft, ceramic sculpture or similar art work: Facility to individually create objects such as leather goods, jewelry, oven-fired nonmetallic mineral products or carved three (3) dimensional works of art; not a factory.

(88)

Hand weaving: Facility for manually making and/or repairing cloth by interlacing strands of yarn or other material.

(89)

Health studio: Facility, other than a regularly licensed hospital, operating for a profit to promote physical fitness and/or weight control and where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include massage establishments and Turkish bathhouses. This shall not include, however, duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction.

(90)

Key shop: Facility for the sale and duplication of keys.

(91)

Laundry or dry cleaning (self-service): Facility for washing and/or dry cleaning garments and similar items where normally the customer personally supervises and handles the cleaning operation.

(92)

Laundry or dry cleaning, commercial: Facility for laundering and/or dry cleaning garments and similar items on a bulk basis.

(93)

Laundry or dry cleaning pickup and receiving station: Facility that only receives and dispenses laundry and dry cleaning that is processed in bulk by a commercial laundry or dry cleaning shop located elsewhere.

(94)

Photography studio: Facility for taking and processing pictures, not a bulk processing plant.

(95)

Shoe repair: Facility for repair and/or reconditioning of footgear, hand bags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.

(96)

Tailor: Facility to alter, repair, fabricate or fashion garments.

(97)

Taxidermist: Facility for preparing, stuffing and mounting the skins of animals, birds and fish.

(98)

Travel bureau: An agency engaged in selling and/or arranging transportation, trips or tours for individuals or groups.

(99)

Upholstery shop: Facility which makes a covering for furniture by applying such materials as springs, padding and fabric.

(100)

Antique shop: An establishment offering for sale articles such as glass, china, furniture or similar furnishing and decorations which have value and significance as a result of age, design or sentiment; and when there is no outside display of such items offered for sale.

(101)

Food store, retail sale: An establishment where diversified foods and associated items are kept and displayed for retail sales.

(102)

Bakery or confectionery shop (retail): A place for baking or selling baked goods; or a place for preparing, cooking, baking or selling candy or other sweets. All goods baked or cooked on the premises must be retailed on the same premises.

(103)

Book and stationery store: Facility for marketing books, pamphlets, paper, pens, ink and associated items; not involving wholesale distribution.

(104)

Camera shop: Retail store which sells various items related to photography such as cameras, film, photographic paper, auxiliary lens, photo finishing, photo-finishing material, projection equipment and other related items.

(105)

Cigar, tobacco and candy store: Retail sales of nonalcoholic beverages, cigars, cigarettes, pipe tobacco, and candies and related items.

(106)

Clothing store: Retail facility for selling male and/or female apparel.

(107)

Drugstore or pharmacy: Facility for preparing, preserving, compounding and dispensing drugs and medicines; and may include the display and sale of other merchandise such as cosmetics, notions, fountain service and similar items.

(108)

Feed store, retail (livestock) (no mill): Facility for the sale of grain, prepared feed and forage for pets, livestock and fowl but not involving the grinding, mixing or commercial compounding of such items.

(109)

Beverage store: Facility for the sale of beer, wine and/or liquor not for on-premises consumption, that derives seventy-five (75) per cent or more of its gross revenue from the on-premises sale of beer, wine and/or liquor.

(Ord. No. 563, § 2(B), 11-14-1988)

(110)

Florist shop: Facility for the retail sale of cut and/or uncut flowers and ornamental plants and accessory items.

(111)

Furniture store (new): Facility for displaying and selling new furniture at retail; may also include appliances such as radios, televisions, stereos, refrigerators, stoves and lawn furniture.

(112)

Hardware and/or sporting goods store: Facility for retail marketing items of cutlery, tools, utensils, screws, nails, etc.; and/or athletic uniforms, sport clothing and sport equipment.

(113)

Hobby shop, art supply store: Facility for retail merchandising of supplies such as model kits, art equipment and materials.

(114)

Duplication shop: Retail facility for the reproduction on standard or legal size paper of material by office type photocopiers.

(115)

Paint and wallpaper store: Facility for retail sale of paints, painting equipment and wallpaper.

(116)

Pawnshop: Facility for loaning money on the security of personal property; unclaimed property may be sold on premises.

(117)

Thrift store: A retail store that primarily sells second-hand or used merchandise, furniture and other goods to the general public.

( Ord. No. 2014-2109, § 3, 12-16-2014 )

(118)

Swimming pool, sales and supply: Facility for display and retail sale of swimming pools, related supplies and service.

(119)

Retail stores and shops other than listed: Any establishment not listed in the use schedule, 10-200, offering consumer goods for inside sales.

(120)

Tool and equipment rental (inside display only): Facility for renting tools and equipment to the public where outside display is not permitted.

(121)

Tool and equipment rental (with outside display): Facility for renting tools and equipment to the public where outside display is permitted.*

(122)

Amusement, commercial (outside): Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including but not limited to a golf driving range, archery range and miniature golf course.

(123)

Amusement, commercial (inside): Any amusement enterprise wholly enclosed in a building which is treated acoustically so that it meets the performance standards of 10-400 and including but not limited to a bowling alley or billiard parlor.

(124)

Carnival or circus: A traveling show or exhibition sometimes housed in tents, and which has no permanent structure or installation. Any carnival or circus having a total duration in any location of less than three (3) weeks shall be considered a temporary carnival or circus and shall not be within this definition. Any such temporary carnival or circus is subject to permit authorization under the terms of the applicable codes or ordinances of the city.

(Ord. No. 210, § 2, 6-14-1982)

Cross reference— Carnival and circus regulations generally, § 4-40 et seq.

(125)

Country club: Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses.

(126)

Club, private; lodge or fraternal organization: A group of people associated or formally organized for a common purpose, interest or pleasure. Facilities may include a private bar, tennis court, swimming pool or similar recreation accommodations; none of which are available except to members or their guests.

(127)

Fairgrounds: An outside area where a fair, circus, or exhibition is held.

(128)

Golf course: A tract of land laid out with at least nine holes, except for miniature golf, for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse, shelters and other accessory uses.

(129)

Park or playground, public: A recreation or park owned or operated by a public agency such as the municipal park department or school board, and available to the general public. This term shall include such uses as stadiums, field houses and customary accessory uses.

(130)

Recreation club or area, private: A building, park or recreation area, the use of which is restricted to private membership such as by a church, neighborhood association, fraternal or social organization and which may contain the normal active and passive facilities as provided in a public park or playground.

(131)

Rodeo: Facility for public performances which may feature bronco riding, calf roping, steer wrestling, Brahma bull riding and other similar activities.

(132)

Theater, drive-in type: Facility arranged so that patrons can view the screen and receive the sound in the privacy of their cars, or while seated outside.

(133)

Theater, not drive-in type: Facility for showing motion pictures to an audience inside an enclosed structure.

(134)

Airport or landing field: A landing facility for fixed or rotary wing aircraft containing a minimum of sixty (60) acres and approved by the City of The Colony as an aircraft landing facility, subject to any applicable Federal Aviation Agency's requirements.

(135)

Bus station and terminal: Facility on a common carrier line for bus docking, freight storage, and passenger loading and unloading.

(136)

Hauling and storage company: Facility for warehousing, transferring or keeping goods.*

(137)

Helicopter base: A landing and terminal facility for rotary wing aircraft, including facilities for fueling, servicing and maintaining such craft and subject to approval by the City of The Colony, and subject to the applicable Federal Aviation Agency's requirements.

(138)

Heliport: A landing facility for rotary wing aircraft not exceeding a gross weight of twelve thousand[,] five hundred (12,500) pounds subject to regularly scheduled use, but not including fueling or servicing facilities for such craft and subject to approval by the City of The Colony, and subject to the applicable Federal Aviation Agency's requirements.

(139)

Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of six thousand (6,000) pounds and not for regularly scheduled stops and subject to approval by the City of The Colony.

(140)

Motor freight terminal: Facility for freight loading and freight storage.

(141)

Railroad passenger stations: A facility for the loading and discharging of passengers.

(142)

Railroad team track: A siding for the spotting, unloading and loading of box cars or other railroad cars which is accessible to a public street.

(143)

Car wash and auto laundry: A facility for the washing and/or steam cleaning of passenger automobiles (including a self-service operation), operating either as a separate facility or when installed and operated in conjunction with another use, including gas service station, and which installation includes equipment customarily associated with an auto laundry and is installed solely for the purpose of washing and cleaning of automobiles.

(144)

Auto glass, muffler and/or seat cover shop: Facility for the installation and/or replacement of auto glass, mufflers and seat covers.

(145)

Auto parts and accessory sales (inside only): A facility having auto parts, accessories and tools for sale without outside display.

(146)

Auto parts and accessory sales (outside display): A facility having auto parts, accessories and tools for sale with outside display.*

(147)

Automobile, sales and service (inside display): Facility for display, service and sale of new or used automobiles, recreational vehicles and trailers. No outside display.*

(148)

Automobile, sales and service (outside display): Facility for display, service and sale of new or used automobiles, recreational vehicles and trailers, with outside display.*

(149)

Auto auction: Facility for sale of automobiles to the highest bidder.

(150)

Auto repair garage (inside): Facility for motor vehicle repair. No outside repair or display.*

(151)

Auto painting or body rebuilding shop (inside): Facility for restoring auto bodies, painting or refinishing. No outside display or repair.*

(152)

Bus or truck parking or garage: Facility in which currently licensed buses or trucks are stored or repaired.

(153)

Drag strip, go cart track or commercial racing: Facility for races, including closed course, straight-away, and/or acceleration runs.

(154)

Engine or motor repair shop: A shop for the disassembly, rebuilding and repair of motor vehicle engines, electric motors, vehicle transmissions or other major machinery components on an assembly line basis. General vehicle repair shall be classified as repair garage. No outside display.*

(155)

Machinery sales and service: Facility for repairing equipment, selling and servicing of machinery; no welding.*

(156)

Machine or welding shop: Facility in which material is processed by machining, cutting, grinding, welding, etc.

(157)

Parking, commercial lot or garage: Facility for temporary storage of automobiles, not to include parking of trucks or buses.

(158)

Service station (motor vehicle fuel): Facility for furnishing gasoline and/or lubricating oils and/or materials for use in motor vehicles.

(159)

Steam cleaning, vehicles and machinery: Facility for steam cleaning of vehicles and their parts and/or other items of machinery.

(160)

Junk or salvage yard: Any establishment maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of: (1) scraps of or discarded pieces of metal, paper, rags, tires, bottles and other materials; (2) inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances. All junk or salvage yards shall be screened as required under 18-100. A junk or salvage yard shall not include premises on which such uses are conducted entirely within a completely enclosed building. Nor shall a junk or salvage yard include premises used primarily for the sale or storage of operable automobiles or for the overhaul or repair thereof, so long as no inoperable junk or wrecked automobile remains outside more than twenty-four (24) hours. Any premises on which there remains outside for more than twenty-four (24) hours, an inoperable, partially dismantled, wrecked or junk automobile, shall be deemed, for the purposes of this ordinance, a junk or salvage yard.

(161)

Surface parking: Surface parking facility on a paved lot or tract located in P district not operated as a commercial parking lot or garage. All parking shall be surface parking on the lot or tract at grade level. No structure permitted except screening and signs as permitted by The Colony City Code.

(162)

Brick yard and similar material sales: Facility or yard where a stock of brick and other building material is kept. All outside storage shall be screened.

(163)

Clothing manufacturing and similar light manufacturing and assembly: Operations involving cutting, sewing, forming and packing of garments and similar items and including the making of millinery and clothing accessories, subject to performance standards in.

(164)

Fix-it shop, radio, television and appliance repair: A shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items. No outside display.*

(165)

Furniture repair store: Facility for repairing and reupholstering furniture, including specialized equipment.

(166)

Job printing, lithographer, printing or blueprinting plant: Plant or facility for reproduction of material or drawings on a job order or bulk basis utilizing lithography, off-set printing, etc.

(167)

Laboratory, manufacturing: Operations involving the compounding of products such as perfumes, pharmaceuticals, and the development and assembly of instruments and similar items.

(168)

Light fabrication and assembly processes: Including but not limited to the manufacture of jewelry, trimming decorations and any similar item not involving the generation of noise, odor, vibration, dust or hazard.*

(169)

Lumberyard: Facility for stocking and selling lumber and other materials needed for building.*

(170)

Monument sales yard: Facility for stocking and selling memorial stones, including gravestones.*

(171)

Open storage (no visual screen): Outside storage of vehicles, machinery, equipment or commodities as a primary use and/or an accessory use without visual screening as defined in 18-100. However, no junk or salvage materials shall be stored outside. Any premises on which there remains outside for more than twenty-four (24) hours, an inoperable, partially dismantled, wrecked or junk automobile, shall be deemed, for the purposes of this ordinance, a junk or salvage yard. Provided, however, any premises having a current certificate of occupancy issued under Section 22, shall not be classified as a junk or salvage yard insofar as such premises shall be limited to the storage of not more than four (4) inoperable automobiles provided that each shall have (1) a current state license plate, (2) a valid motor vehicle safety inspection certificate together with either a valid insurance coverage for repairs or a valid repair work authorization or other documentary proof of pending repairs or disposition.

(172)

Open storage (visual screen): Outside storage of vehicles, machinery, equipment or commodities as a primary use and/or an accessory use with visual screening as defined in 18-100 or surrounded by a building so as to create an equivalent visual screen. However, no junk or salvage materials shall be stored outside. Any premises on which there remains outside for more than twenty-four (24) hours, an inoperable, partially dismantled, wrecked or junk automobile, shall be deemed, for the purposes of this ordinance a junk or salvage yard.

(173)

Petroleum products, storage and wholesale: Facility for storage and sales of petroleum products.*

(174)

Plumbing, electrical, air-conditioning and heating shops (inside only): Facility providing supplies, repair, installation and sales of plumbing, electrical, air-conditioning and heating equipment. No outside storage.*

(175)

Home repair and maintenance shop: A facility providing home repair or maintenance service but not including the storage of building material, junk or similar commodities in the open.

(176)

Salvage and reclamation (in building): Facility for receiving, sorting, storing and reconditioning appliances, building materials, etc.*

(177)

Contractor or maintenance yard: An open storage yard with visual screen, as defined in 18-100, for supplies and operational equipment, but not constituting a junk or salvage yard.

(178)

Sand, gravel or earth sale and storage: Facility for storing and marketing sand, gravel and earth. No mining.

(179)

Sanitary landfill: A site for the accumulation of refuse or other discarded materials. However, this use shall not be construed to be a junk or salvage yard which is maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of inoperable, wrecked, scrapped, ruined, or discarded automobiles, automobile parts, machinery or appliances. Any premises on which there remains outside for more than twenty-four (24) hours, an inoperable, partially dismantled, wrecked or junk automobile, shall be deemed, for the purposes of this ordinance, a junk or salvage yard.

(180)

Stone, sand or gravel extraction: A site where stone, sand or gravel is mined.

(181)

Warehouse: Facility for commodities stored. No outside storage shall be classified as a warehouse.

(181A)  Miniwarehouse: A one-story building for lease to individuals with units typically less than eight hundred (800) square feet.

(182)

Processing or industrial uses not elsewhere listed to be regulated by performance standards: Facility for processing or industrial uses. (See 10-400 for performance standards).

(183)

Concrete or asphalt batching plant, temporary: Temporary facility for mixing concrete or asphalt convenient to construction site.

(184)

Concrete or asphalt batching plant, permanent: Permanent facility for mixing concrete or asphalt.

(185)

Building mover, temporary storage: Any site where a building or structure which has been removed from its original construction site, is temporarily stored and not placed upon an approved foundation. This definition does not include bona fide sales lots on which new buildings or structures are located displaying examples of workmanship or appearance of the buildings or structures to be sold and constructed on individual remote sites.

(186)

Motorscooter and motorcycle display, sales and service (inside only): Facility for display, service and sale of new and used motorscooters and motorcycles. No outside display.*

(187)

Motorscooter and motorcycle display, sales and service (outside display): Facility for display, service and sale of new or used motorscooters and motorcycles with outside display.

(188)

Municipal complex: A building or buildings or property on which city business is transacted or other related city functions can take place.

(189)

Bicycle sales and service (inside display): Facility for display, service and sale of new or used bicycles. No outside display.*

(190)

Boat Auction: Facility for sale of boats to the highest bidder.

(191)

Boat glass, muffler and/or seat cover shop: Facility for the installation and/or replacement of boat glass, mufflers and seat covers.

(192)

Boat sales and service (outside display): Facility for display, service and sale of new or used boats, with outside display.*

(193)

Boat sales and service (inside display): Facility for display, service and sale of new or used boats. No outside display.*

(194)

Boat painting or body rebuilding shop (inside): Facility for restoring boat bodies, painting or refinishing. No outside display or repair.*

(195)

Boat parts and accessory sales (inside only): A facility having boat parts, accessories and tools for sale. Inside display only.*

(196)

Boat parts and accessory sales (outside display): A facility having boat parts, accessories and tools for sale with outside display.*

(197)

Boat repair garage (inside): Facility for boat repair, excluding body work. No outside repair or display.*

(198)

Plumbing, electrical, air-conditioning and heating shops (outside storage): Facility providing supplies, repair, installation and sales of plumbing, electrical, air-conditioning and heating equipment with outside display.*

(200)

Appliance sales service (inside display): Household domestic appliance with inside display.

(201)

Video arcade: Facility of which the primary use is the operation of coin or token operated amusement or entertainment machines. (This definition has not been officially accepted by the planning and zoning commission, but is expected to be at the next regularly scheduled meeting on April 10, 1984)

(202)

Registered family home: A home that provides regular care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding children who are not related to the caretaker, and that provides care after school hours for not more than six (6) additional elementary school children, but the total number of children including who are related to the caretaker, does not exceed twelve (12) at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. For purposes of this definition and of listed family home, "children who are related to the caretaker" means children who are the children, grandchildren, siblings, great-grandchildren, nieces, or nephews of the caretaker, whether by affinity or consanguinity or as the result of a relationship created by court decree.

Group day care home: A child-care facility that provides care for seven (7) to twelve (12) children under fourteen (14) years of age for less than 24 hours a day. For purposes of this definition, the term "child-care facility" shall nave [have] the same meaning as provided in Section 42.002, Texas Human Resources Code, as the same may be amended or superseded from time to time.

(203)

Listed family home: A home that provides child care for compensation for three (3) or fewer children, excluding children who are related to the caretaker, for at least four (4) hours a day, three (3) or more days a week, for more than nine (9) consecutive weeks in the caretaker's own residence and that is required to [be] listed with the state.

(204)

Temporary buildings: Any nonresidential, pre-manufactured structure which is not originally manufactured or constructed at its use site, requires no on-site installation of utilities (except for electric), and/or foundation and is permitted on its use for a limited time period as approved.

(205)

Mobile food vendor: Any person or persons who operate and sell food from a motorized or non-motorized unit including a mobile food truck for a period of fifteen (15) days or greater per year.

(206)

Snow cone establishment (seasonal): Temporary or permanent structure for seasonal serving of snow cones and snow cone products and pre-packaged items. Snow cones and snow cone products shall be defined as crushed or shaved ice served in single-use articles and topped with flavored syrups. Seasonal shall mean that the temporary snow cone establishment may only be in operation between the months of April through October each calendar year.

(207)

Body art studio: A state-licensed place of business that employs personnel to inject permanent ink into the surface of the human body and additionally perform body piercing, other than the piercing of ear lobes, and body branding.

(208)

Body branding: A form of body modification that involves the process of burning the skin of a person in a manner that will result in a permanent scar or mark on the skin, usually in a pattern or the shape of a specific symbol.

(209)

Body piercing: The practice of puncturing or cutting a part of the human body to create an opening in which jewelry may be worn, other than the piercing of ear lobes.

(210)

Permanent cosmetics: The practice of injecting permanent ink into and/or on the eyelids, eyebrow area, and lips to enhance facial features and to create the appearance of makeup.

(211)

Tattoo parlor: A state-licensed place of business that conducts tattooing as a primary use.

(212)

Tattooing: The placing of designs, letters, figures, symbols, or other marks upon and/or under the skin of a person using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

(213)

Individual garage sale: An occasional sale occurring at the residence of an individual, whereby tangible personal property is sold for the monetary benefit of the property owner or resident.

(214)

Community garage sale: An occasional sale occurring at the residences of several individuals within one (1) subdivision or in one (1) general geographic area, where the residents work together to share advertising and other costs; and whereby tangible personal property is sold for the monetary benefit of the property owners or residents individually.

(215)

Group garage sale: An occasional sale generally occurring at a commercial site, generally considered a "special event," whereby a not-for-profit group or organization sells tangible personal property for the purpose of fund-raising.

(216)

Gun ranges, indoor: Shall mean any indoor facility where firearms are discharged at targets and which is designed so that projectiles fired from firearms at targets are prevented, by means of backstops, berms or other barriers, from penetrating the walls of the facility.

(217)

Credit access business. Has the meaning given that term in V.T.C.A., Finance Code § 393.601, as amended, and includes a check cashing business, payday advance or loan business, money transfer business, or car title loan business.

(218)

Payday advance or loan business. An establishment that makes small consumer loans, usually backed by postdated check or authorization to make an electronic debt against an existing financial account, where the check or debit is held for an agreed-upon term, or until an applicant's next payday, and then cashed unless the customer repays the loan to reclaim such person's check.

(219)

Limited service hotel. A building designed for the temporary overnight or temporary lodging accommodations for travelers containing six or more guest rooms, suites or units for compensation on a daily rate providing basic hotel services such as linen, maid service and the use of furnishings.

(220)

Full service hotel . A building designed for the overnight or temporary lodging accommodations for travelers, having guestrooms or suites for compensation on a daily rate to the general public and providing services and amenities beyond basic linen, maid service and the use of furnishing, such as restaurants, bars, conference rooms, reception areas and recreational facilities.

(221)

Automobile rental. Storage, leasing, or renting of automobiles, motorcycles, and light load vehicles, defined as a self-propelled vehicle having no more than two axles such as a pick-up truck or van including electric or natural gas automobiles that run on electricity or natural gas, but excluding recreation vehicles and vehicles designed for commercial hauling.

(Ord. No. 311, § 5, 11-26-1984; Ord. No. 97-989, § 1, 8-4-1997; Ord. No. 01-1328, § 3, 11-19-2001; Ord. No. 03-1495, § 1, 11-3-2003; Ord. No. 03-1517, § 2, 12-15-2003; Ord. No. 04-1553, § 2, 4-19-2004; Ord. No. 2010-1872, § 3, 10-5-2010; Ord. No. 2011-1923, § 3, 11-1-2011; Ord. No. 2012-1949, §§ 2, 5, 4-3-2012; Ord. No. 2013-2013, § 3, 7-16-2013; Ord. No. 2013-2019, § 3, 8-20-2013; Ord. No. 2014-2038, §§ 3—5, 1-7-2014; Ord. No. 2014-2039, §§ 5, 6, 1-7-2014; Ord. No. 2015-2149 , § 3, 6-16-2015; Ord. No. 2016-2242 , § 3, 12-6-2016)

Editor's note— Ord. No. 04-1553, adopted April 19, 2004, added "(204) Mobile Food Vendor." Because there is already a paragraph 204, the editor changed the new paragraph to "205."

10-400. Performance standards. All uses in the I or PD-I (Industrial or Planned Development Industrial district) shall conform in operation, location and construction to the performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.

(10-401)  Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Daytime means the hours between sunrise and sunset on any given day.

(2)

Decibel means a unit of measurement of sound pressure.

(3)

Frequency means the number of times per second a vibration or sound wave oscillates.

(4)

Octave band means a portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight (8) octave bands.

(5)

Odor threshold means the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by American Society for Testing and Materials (A.S.T.M)

(6)

Particulate matter means finely divided solid or liquid matter, other than water, which is released into the atmosphere.

(7)

Smoke means the visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.

(8)

Toxic and noxious matter means any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property.

(9)

Vibration means a periodic displacement of the earth measured in inches.

(10-402)  Uses to conform to standards. In the Planned Development and Industrial districts, any use indicated as a permitted use in each respective district on the use schedule shall be permitted, and in addition there shall be permitted any other manufacturing, processing, fabricating, packing or storage use, except those requiring specific use permits, which conform in operation, location and construction to the performance standards specified in this subsection for noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, glare and open storage.

(10-402A)  Performance standards. Performance standards in the Planned Development and Industrial districts shall be as follows:

(1)

Noise. Except as otherwise provided, at no point at the bounding property line of any use in the Planned Development or Industrial districts shall the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:

a.

Octave band-decibel limits table.

Note: A-scale levels are provided for monitoring purposes only and are not applicable to detail sound analysis.

As used in this subsection, "bounding property line" shall be interpreted as being at the far side of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line.

b.

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards in the Planned Development or Industrial district.

1.

When noise is present at night time, subtract 7 Db.

2.

When noise contains strong pure-tone components or is impulsive, that is when meter changes at ten (10) decibels or more per second, subtract 7 Db.

3.

When noise is present for not more than:

i.

One-half (½) minute in any one-half-hour period;

ii.

One (1) minute in any one-hour period;

iii.

Ten (10) minutes in any two-hour period; or

iv.

Twenty (20) minutes in any four-hour period;

add 10 Db

c.

Measurements of noise shall be made with a sound level meter on an octave band analyzer meeting the standards prescribed by the American Society for Testing and Materials. (A.S.T.M.)

(2)

Smoke and particulate matter.

a.

No operation or use in the Planned Development or Industrial district shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are:

i.

As dark or darker in shade as that designated as No. 2 on the Ringlemann [Ringelmann] Chart as published by the United States Bureau of Mines Information Circular 7118.

ii.

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (2)a. of this section, except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere the standards in subsection (2)a. and b. shall not apply.

b.

The emission of particulate matter from all sources in a Planned Development or Industrial district must not exceed one-half (0.5) pounds per acre of property within the plant site per any one (1) hour.

c.

The open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter or which involve dust or other particulate air-contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting, shall be so conducted that dust and other particulate matter generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air.

(3)

Odorous matter.

a.

No use shall be located or operated in the Planned Development or Industrial district which involves emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

b.

The odor threshold as set forth shall be determined by observation by a person. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials (A.S.T.M.) shall be used.

(4)

Fire or explosive hazardous material.

a.

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in the Planned Development or Industrial district except that chlorates, nitrates, perchlorates, phosphorous and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers are permitted when approved by the fire department of the city.

b.

The storage and use of all flammable liquids and materials such as proxylin plastics, nitrocellulose film, solvents and petroleum products are permitted only when such storage or use conforms to the standards and regulations of the fire department.

(5)

Toxic and noxious matter. No operation or use permitted in the Planned Development or Industrial district may emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the state department of health in "Threshold Limit Values Occupational Health" Regulation No. 3.

(6)

Vibration. No operation or use in the Planned Development or Industrial district may at any time create earth-borne vibration which when measured at the bounding property line of the source operation exceeds the limits of displacement set forth in the following table in the frequency ranges specified:

(7)

Open storage. No open storage of materials or commodities are permitted in the planned development or industrial district except as an accessory use to a main use located in a building. No open storage operation may be located in front of the main building and no storage use may constitute a junk or salvage yard use.

(10-403)  Fire and explosive hazard material.

(1)

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in an I or PD-I (Industrial or Planned Development Industrial district) except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire chief of the City of The Colony as not presenting a fire or explosion hazard.

(2)

The storage and use of all flammable liquids and material such as pyroxylin plastics, mitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of The Colony fire code or are approved by the fire chief.

(Ord. No. 99-1148, § 2, 10-4-1999)

10-600. Planned Development district.

(10-601) The purpose of this district is to encourage better development in the city by allowing more flexibility in the planning and development of projects. Variable combinations of land use units such as industrial parks, office or commercial districts, mixed or uniform residential development, or other appropriate combination of uses will be allowed if developed and operated as integral land use units by a single owner or combination of owners. It is the policy of the city that the developer consider site conditions and environs, both natural and man-made, and appropriate protection of these elements prior to approval of the Planned Development district.

(10-610)  Application.

(10-611) An application for a Planned Development district may be made to the planning and zoning commission in the same manner that an application for any amendment to the zoning ordinance is made. Applications for a Planned Development district shall be processed and a site plan and related data shall be submitted for approval in accordance with the requirements of 10-641, 10-651 and 10-661. In addition to the requirements outlined in 10-641, 10-651 and 10-661, the planning and zoning commission or city council may require additional information or special plans related to specific elements of the Planned Development district.

(10-612) The applicant has the option of either fulfilling the requirements outlined in 10-651 and 10-662 or 10-661 when filing an application of a Planned Development district.

(10-613) The city council of the City of The Colony, after public hearing and proper notice to all parties affected and after recommendation by the planning and zoning commission, may authorize the creation of a Planned Development district. Any site of less than five (5) acres as set out herein must be separated from any adjoining property on all sides by a public right-of-way, major creek, or utility easement with a width of at least twenty (20) feet.

(10-614) When the city council of the City of The Colony creates a Planned Development district on its own initiative, rather than upon the application of the owners of land within the district, the city council may modify some or all of the requirements of the comprehensive general zoning ordinance with respect to said Planned Development district. Such modifications shall be in the ordinance creating or amending the Planned Development district, and may include, but are not limited to, modifications to any requirement contained in the "Planned Development district" regulations codified as sections 10-600 through 10-690 of the comprehensive general zoning ordinance.

(Ord. No. 2011-1924, § 2, 11-1-2011)

(10-620)  Uses permitted.

(10-621) A Planned Development district may be approved for any use or combination of uses listed in the use schedule, 10-200, shown under the PD district. The uses permitted in any specific Planned Development district shall be enumerated in the ordinance establishing such districts.

(10-630)  Procedure for establishing standards.

(10-631) In approving the conceptual plan, development plan and ordinance establishing the Planned Development district, the city council shall, after recommendation by the planning and zoning commission, specify such floor-area ratio, signs, density, loading standards, yards, building spacing, site coverage, access, screening walls or landscaping, building area, open space, maximum heights, lot width, lot depth, lot area, streets, minimum off-street parking and pedestrian-ways within the limits of those specified in the district listed below for specific uses involved.

(10-640)  Development schedule.

(10-641) An application for a Planned Development district shall, if the applicant desires or the planning and zoning commission of [or] city council requires, be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the city council, shall become part of the development plan and shall be adhered to by the owner, developer and his successor in interest. The city council, in the ordinance approving the development schedule, may authorize the planning and zoning commission to extend the development schedule or adopt a new development schedule without additional public hearings.

(10-642) Annually, where a development schedule has been required, the building official shall report to the planning and zoning commission the actual development accomplished in the various Planned Development districts as compared with the development schedules.

(10-643) The planning and zoning commission, may if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, initiate proceedings under section 24 to rezone the Planned Development district by removing all or part of the Planned Development district from the zoning district map and recommending that the area involved be placed in another appropriate zoning district. This recommendation shall be passed to the city council as are other amendments to the zoning ordinance.

(10-644) The owner or owners may, at any time, apply to the planning and zoning commission for an extension of the development schedule. Such application shall be acted upon by the planning and zoning commission and if the ordinance setting out the development schedule gives the authority to the planning and zoning commission to extend the development time, the action of the planning and zoning commission making the extension shall be final. In the event the planning and zoning commission denies the extension, the owner or owners of the property shall have a right of appeal to the city council and the rules for the amendment of the zoning ordinance shall apply and govern the handling of the appeal.

(10-650)  Procedure for approval of conceptual development plan.

(10-651) If an applicant does not submit a development plan as outlined in 10-661 with his application for a Planned Development district the application shall be accompanied by site analysis information and a conceptual plan in addition to a briefly written program statement. This statement will provide development guidelines forming the basis of the conceptual plan and how this plan meets the objectives outlined in 10-601. Variations from standard zoning regulations will also be specified.

(10-652) The site analysis information shall be prepared on a topography base map with no less than five (5) foot contour intervals. In general, it shall describe existing natural features and physical improvements within the site by including the following items:

(a)

A drawing delineating flood plains, water bodies, creeks, marshes and drainage area. In addition to major tree groupings, locate other significant natural features such as rock outcroppings and important view corridors of scenic vistas, skylines or other features.

(b)

Location, identification and dimensions of all existing public and private easements. Indicate major utility trunk lines and future tie-ins. Identify all designated landmarks, locate existing main structures and delineate improvements to be retained.

(c)

Identification of land use groupings adjacent to the proposed development and contiguous land uses beyond adjacent public thoroughfares, creeks, utility easements or other rights-of-way.

(d)

A site location map on a smaller scale showing major circulation routes and other landmarks shall be provided with the site analysis information.

(10-653) The conceptual plan shall be prepared on a site topography base map with no less than five (5) foot contour intervals. This plan will diagrammatically show the nature and extent of the proposed Planned Development district. The conceptual plan shall include:

(a)

A drawing locating all land use areas, showing the gross acreage of each use, maximum lot coverage, net residential densities, floor area ratio for each use and approximate gross floor area for all commercial, industrial and office uses.

(b)

Delineation of all major usable open space other than parking areas, service areas and circulation zones.

(c)

Identification of all areas to be dedicated to the city and designation of communally-owned areas and facilities.

(d)

Indication of areas to be used for active recreational purposes.

(e)

Indication of maximum heights of all structures in feet and stories.

(f)

Location of all proposed screening barriers between the proposed development and adjacent property in addition to proposed barriers between internal land uses.

(g)

Location of minimum building setbacks along the site boundaries.

(h)

Identification of all major access points and thoroughfares to be dedicated to the city.

(i)

Indication of each phase of development if the proposed planned development is to be in separate phases.

(10-654) The application by the owner or owners to the planning and zoning commission for approval of the conceptual plan shall be handled in the same manner as any zoning amendment under section 24. The planning and zoning commission may deny, modify or approve the plan and conditions. Upon appeal and hearing before the city council, the city council may deny or approve the conceptual plan and the ordinance with or without additional conditions. After council approval of the conceptual plan and ordinance, the applicant must meet the requirements outlined in section 10-662.

(10-660)  Development plan required.

(10-661) If an applicant does not file a conceptual plan with his application for a Planned Development district, then he must submit a development plan which shall become part of the amending ordinance and shall be referenced on the zoning district map. Changes in the development plan shall be considered the same as changes in the zoning district map and shall be processed as required in section 24; except that, changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor-area ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the director of urban planning. An applicant may appeal the decision of the director of urban planning to the planning and zoning commission for review and decision as to whether an amendment to the Planned Development district ordinance shall be required.

(10-662) If the applicant has filed a conceptual plan with his application, then he must submit a development plan no later than six (6) months from council approval of the conceptual plan, either for the total Planned Development district or approved first phase. The development plan for phase one or other endorsed phases must be approved by the planning and zoning commission prior to issuance of any permit for that phase. This plan must conform to the approved conceptual plan and must be attested to by the chairman of the planning and zoning commission.

(10-663) If the development plan should deviate from the approved conceptual plan and ordinances, the planning and zoning commission may reject and disapprove such a plan and conditions and require a new application, filing fee and advertising public hearing. In the event the original applicant, who is the owner of the property in the original application, sells a portion of the site to a third party, and said party wishes to deviate from the approved conceptual plan, the planning and zoning commission may require such purchaser to submit a new application and filing fee. Upon the submission of the new application and filing fee, the development plan being acted upon shall be treated as an amendment under section 24.

(10-664) The development plan shall include:

(a)

A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour internal of not less than five (5) feet, or spot grades where the relief is limited.

(b)

Location of multiple types of proposed land use, delineating the specific areas to be devoted to various use.

(c)

A site plan for proposed building complexes, showing the location of separate building masses and the minimum distance between buildings, and between buildings and property lines, street lines and alley lines. The planning and zoning commission may require elevations and perspective drawings, including height, number of floors, and exposure of access, light, and air showing the relationship of the building to adjacent property, open spaces, and other features of the development plan for buildings more than twelve (12) feet in height. This subparagraph (c) does not apply to platted single-family, duplex, and townhouse lots.

(d)

A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed if the areas where the example apply are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan must be indicated.

(e)

A plan indicating screening and landscaping if such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the city council.

Any or all of the required information may be incorporated on a single drawing if one drawing is clear and can be evaluated by the city staff.

A legal instrument establishing a plan for permanent care and maintenance of any common area or communally-owned facility must be submitted before the development plan will be approved. All such instruments shall be approved by the city attorney as to legal form, and by the planning and zoning commission as to suitability for the proposed use of the common area.

(10-670)  Failure to submit development plan on schedule.

(10-671) If the applicant fails to submit a development plan for the total area or approved phase one, within six (6) months after council approval of the conceptual plan, the city manager shall notify the planning and zoning commission. After notice to the applicant and review of the facts, the planning and zoning commission may grant one or more six (6) month extensions or call a public hearing to determine rezoning of the Planned Development district. The zoning recommended by the planning and zoning commission shall be treated as a zoning amendment under section 24.

(10-680)  Coordination with subdivision regulation ordinance.

(10-681) Processing under the subdivision control ordinance shall be carried out simultaneously with the review of the development plan under this section.

(10-682) The development plan submitted under 10-661 and 10-662 shall be accompanied by a preliminary plat which meets the requirements of the subdivision control ordinance. The preliminary plat shall be reviewed and approved by the planning and zoning commission prior to the granting of any building permits.

(10-690) Every Planned Development district approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. In carrying out the development of a Planned Development district, the development conditions and the development schedule, if required, shall be complied with and such conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance as required by section 22.

10-700. Mobile Home district.

(a)

The mobile home or house trailer is recognized as a special form of housing and therefore, subject to the specific and special standards as herein provided.

(b)

Uses permitted.

(1)

The uses designated as permitted in the Mobile Home district in 10-100 shall be permitted in a mobile home park. In addition to such uses, a caretaker's home and office shall be permitted, but only one such facility shall be permitted for each mobile home development.

(c)

Mobile home district development standards.

(1)

No mobile home, house trailer, Site Built Home dwelling or other structure permitted in the MH district may be erected, altered, placed, moved or converted on any lot or tract unless it is in conformity with all minimum area regulations specified in this subsection.

(2)

No mobile home, house trailer, Site Built Home or mobile home lot, tract, plot or transient stand shall be placed, located or erected nearer than twenty (20) feet to any MH district boundary line.

(3)

No carport, garage, storage building, office or caretaker's dwelling, laundry house or other permitted structure may be located nearer than twenty (20) feet to any boundary line of the MH district.

(4)

A Site Built Home dwelling unit shall consist of the following:

(A)

Minimum lot area of consistent with Section 11-101.

(B)

Minimum lot width shall be consistent with Section 11-200.

(C)

Minimum floor area of dwelling unit of 800 square feet.

(D)

Minimum front yard setback consistent with Section 11-400.

(E)

Minimum side yard setback shall be consistent with Section 11-500 and 11-501(8).

(F)

Minimum rear yard setback shall be consistent with Section 11-600 and 11-601.

(G)

Height restriction for any structure shall be consistent with Section 12-100 to 12-102.

(5)

There shall be only one dwelling unit per lot.

(d)

Special development standards.

(1)

Each mobile home or house trailer park, court or subdivision shall meet the standards specified in this subsection.

(2)

Provide sanitation, fire protection and utility service to each lot, tract, plot or stand in accordance with the City of The Colony codes and ordinances regulating fire protection and utility service.

(3)

Provide ingress and egress to the property in accordance with the requirements of the City of The Colony.

(4)

Provide open playground space within the park or court at a ratio of five hundred (500) square feet for each of the first twenty (20) units provided and at a ratio of two hundred fifty (250) square feet each for all additional unit spaces provided.

(5)

Provide street and drive surfacing, drainage and garbage collection right-of-way, fire lanes and utility easements as required by the city.

(6)

Provide and maintain a permanent sight-barring fence of the steel chain link type or equivalent or better, not less than six (6) feet in height completely around the rear and all sides of the mobile home or house trailer, park, court or subdivision not exposed to a dedicated street or highway.

(Ord. No. 2018-2299 , § 2, 1-2-2018)

[10-800. Community Unit Development district.]

(10-810)  Procedure for approval of a community unit development.

(10-811) A Community Unit Development shall be approved by the city planning and zoning commission as a subdivision.

(10-820)  Standards for approval of a community unit development.

(10-821) The overall density in square feet of site area per dwelling unit or room shall conform to the density prescribed for the district in which the Community Unit Development is located.

(10-822) The minimum lot depth, lot width, lot or site area per dwelling unit or room, front yard or rear yard, may be reduced not to exceed twenty-five (25) per cent from the standards prescribed for the district in which the Community Unit Development is located provided permanent community open space sufficient to compensate for the reduced individual lot or site sizes and to meet the overall density requirement of the district is incorporated in the development.

(10-823) The nature and method of establishing and maintaining the permanent open space provided in a Community Unit Development such as a public or private park or playground, a home owners association or any other method shall be subject to the approval of the city council after recommendation by the planning and zoning commission.

(10-824) The open space provided in a Community Unit Development shall be subject to the following requirements:

(a)

If open space is to be left in a natural state with no development whatsoever the area of open space shall be so indicated on the subdivision plat approving the Community Unit Development.

(b)

If open space is to provide any structures or improvements whatsoever these improvements shall be indicated on a site plan to be submitted to the planning and zoning commission for approval prior to the final subdivision plat for the Community Unit Development. Approval of such site plan by the planning and zoning commission is necessary prior to the issuance of a building permit in the open space area.

(10-825) Parking requirements are the same as those established by the base zoning.

10-900 Special use permits.

(10-901)  General. Certain uses are permitted in each zoning district only by specific use permit (SUP). This subchapter provides standards by which applications for a special use permit are to be evaluated. No specific permitted use may be established, enlarged or altered unless the city council first issues a specific use permit under the zoning amendment procedure detailed in section 24.

(10-902)  Procedure.

(a)

The city council, may, after public hearing and recommendation by the planning and zoning commission, and after conducting a public hearing as is required for all amendments, except as noted below, to the zoning ordinance in accordance with the provisions of section 24, authorized for specific parcels of land the issuance of a specific use permit in accordance with the provisions of the use schedule, [section] 10-200, in those districts where it is indicated that a specific use permit for a specific type use may be approved.

(b)

A building permit or certificate of occupancy shall not be issued for any use that requires specific use permit in accordance with this section and section 10-200.

(c)

The requirement of a specific use permit on the use schedule, [section] 10-200, in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be evaluated based on the approval criteria in this section.

(d)

The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the director of the department of planning and community development may approve minor variations from the original permit which do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods.

(10-903)  Plan requirements.

(a)

An application for a specific use permit may, but need not be, made concurrently with any required application for site plan review.

(b)

An application for a specific use permit shall be filed with the planning department on a form prepared by the department. The application shall be accompanied by a site plan and land use description which, along with the application, will become a part of the specific use permit, if approved. The accompanying site plan shall provide the following information:

1.

Boundaries of the area covered by the site plan;

2.

The location of each existing and proposed building structure in the area covered by the site plan and the number of stories, height, roofline, gross floor area and location of building entrances and exits;

3.

The location of existing drainage and significant natural features;

4.

Proposed landscaping and screening buffers;

5.

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities and outside trash storage facilities;

6.

The location, height and type of each wall, fence and all other types of screening; and,

7.

The location, height and size of all proposed signs.

(c)

The development review committee, planning and zoning commission and/or city council may request additional information be included on the site plan.

(d)

The land use description shall contain the following information:

1.

Data describing all processes and activities involved with the proposed use.

2.

Data describing the estimated taxable value of the proposed use.

3.

Data describing the minimum number of employees associated with the proposed use and the minimum wage of the employees.

(10-904)  Processing fee. A person making application for a specific use permit shall pay a fee in an amount determined and as from time to time amended by resolution of the city council, a copy of which shall be on file with the planning department.

(10-905)  Approval criteria. The planning and zoning commission and city council shall review and evaluate specific use permit applications using the following criteria:

1.

Conformance with the City of The Colony's Comprehensive Plan;

2.

Conformance with applicable regulations and standards established by the zoning regulations;

3.

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, access and circulation features, architectural compatibility;

4.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site for a permitted use;

5.

Modifications (including variance from property development regulations) to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, would be necessary to conform to applicable regulations and standards and would protect the public health, safety, morals and general welfare;

6.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area, existing zoning and land uses in the area;

7.

Protection of persons and property from erosion, flood or water damage, fire, noise, glare, air quality, generation of dust and odors, and similar hazards and impacts;

8.

Location, lighting, and type of signs; the relation of signs to traffic control and adverse effect of sings on adjacent properties;

9.

Adequacy and convenience of off-street parking and loading facilities;

10.

Determination that the proposed use is in accordance with the objectives of these zoning regulations and the purpose of the zoning district in which the site is located;

11.

Determination that the proposed use will comply with each of the applicable provisions of these zoning regulations;

12.

Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity;

13.

Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses in the same district and the surrounding area; and

14.

Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

In authorizing a specific use permit, the planning and zoning commission may recommend and the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a specific use permit is valid.

(10-906)  Conditions. The conditions which the approval authority may impose include, but are not limited to, the following. These conditions are in addition to the standards required in this section.

1.

Regulation and limitation of uses.

2.

Regulation of setbacks and spacing.

3.

Regulation of fences and walls.

4.

Requirement to submit a development plat, to insure the proper dedications and public improvements are made.

5.

Regulation limiting the magnitude of traffic generated.

6.

Regulation of points of vehicular and pedestrian ingress and egress.

7.

Regulation of signs.

8.

Regulation of building materials, textures, colors and architectural features.

9.

Regulations of landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses.

10.

Regulation of noise, vibration, dust, odors or similar nuisances.

11.

Regulation of hours of operation and the conduct of certain activities.

12.

Regulation of the period of time within which the proposed use shall be developed.

13.

Regulation of the duration of use.

14.

Regulation of any environmentally sensitive areas.

15.

Regulation of any site development condition.

16.

Such other conditions as will make possible the development of the city in an orderly and efficient manner and in accordance with the provisions of this chapter that are reasonable.

(10-907)  Revocation; abandonment.

(a)

A specific use permit shall be deemed revoked if the proposed use or phase does not possess an approved building permit within one year from date of approval, unless a longer period is approved by city council. If the permit requires site plan review approval, the permit shall be deemed revoked if the use or phase is not developed within one year of the date of site plan being approved.

(b)

A specific use permit may be revoked or modified, after notice to the property owner and a hearing before the city council, for either of the following reasons:

1.

The specific use permit was obtained or extended by fraud or deception; or

2.

The one or more of the conditions imposed by the permit has not been met or has been violated.

(10-908)  Public hearings. The notification and public hearing process for a specific use permit or revocations thereof shall be the same as for zoning amendments under section 24.

(Ord. No. 171, § 5, 7-6-1981; Ord. No. 565, § 1, 12-1-1988; Ord. No. 777, § 1, 10-10-1992; Ord. No. 06-1636, § 1, 1-16-2006)

10-1000. Limited use.

(10-1001) Limited use as indicated herein applies to certain service and retail uses, indicated by symbol on the use schedule, 10-200, which are permitted in certain districts as shown and which are to be obtained entirely within the main building, do not have an exterior access except through the general building entrances and which have no exterior advertising or signs. Such uses are secondary to the main use and for service to the occupants of the building.

10-1100. Flood Plain prefix to district designation.

(10-1101) To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a Flood Plain prefix "FP" and shall be subject to the following provisions.

(10-1110)  Uses permitted.

(10-1111) The following are the only uses permitted within that portion of a district designated with a Flood Plain "FP" prefix:

(a)

Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry.

(b)

Electrical substation.

(c)

All types of local utilities, including but not limited to water distribution and waste water collection systems, water and waste water treatment facilities and water quality/monitoring stations or other structures required to provide water and sewerage services.

(d)

Parks, community centers, playgrounds, public golf courses.

(e)

Private commercial open area amusements such as golf course, driving ranges, archery courses and similar uses when approved by specific use permit as provided by 10-900.

(f)

Private open space as part of a community unit development.

(g)

Helistop when approved by specific use permit as provided in 10-900.

(h)

Sanitary fills for rubbish disposal, rubbish collection and transfer stations.

(10-1112) No building or structure shall be erected in that portion of a district designated with a Flood Plain "FP" prefix other than those listed in 10-1111.

(10-1113) There shall be no dumping, excavation, storage or filling operations within that portion of a district having a Flood Plain "FP" prefix designation except for the use of sanitary fill operations which have been approved by the director of public works, of the Texas State Department of Health, and other state agencies governing the operations of such sanitary fills.

(10-1120)  Conditions for removal of a Flood Plain "FP" prefix designation.

(10-1121) The city council, in considering and determining its recommendation relative to any application for the removal of the Flood Plain "FP" prefix designation, requires the applicant to furnish the city manager fill and development plans (hydraulic calculations concerning maximum high water and their effect on abutting properties), and date concerning the operation, location, function and characteristics of any use of land or building proposed.

(10-1122) Each request for the removal of the Flood Plain "FP" prefix designation shall be evaluated as to its probable effect on the adjacent property upstream and downstream and the community welfare and may be approved or denied as the findings indicate appropriate.

(10-1123) The city council may, after a public hearing and upon recommendation of the city manager's office authorize the removal of the Flood Plain "FP" prefix designation from an area. The city manager shall remove such Flood Plain "FP" prefix designation from the zoning district maps, after the necessary fill has been placed to the required elevation in keeping with all of the requirements of the city.

(10-1124) A fill permit shall be required from the city to conduct dumping, excavation, storage or filling operation within that portion of a district where the Flood Plain "FP" prefix designation has been required to be removed on the basis of the presented fill and development plan. This permit will be issued after requirements of 10-1121, 10-1122, and 10-1123 have been complied with.

(10-1125) Any dumping, excavation, storage or filling operations within that portion of a district having a Flood Plain "FP" prefix prior to the issuance of a fill permit is illegal, and such operation shall cease until such time the Flood Plain "FP" designation is removed in accordance with 10-1120.

(10-1130)  Conditions for adding a Flood Plain "FP" prefix designation.

(10-1131) The city council may, after a public hearing, amend the zoning classification of any property by adding the Flood Plain "FP" prefix designation, upon recommendation of the city manager's office based upon hydraulic engineering studies indicating new boundaries of the area that is subject to inundation by flood waters. The city council will by resolution instruct the city manager to add such Flood Plain "FP" prefix designation to the zoning district maps.

(10-1140)  Responsibility for flooding.

(10-1141) The fact that land or property is or is not within a district having a flood plain prefix shall not constitute assurance that such land or property is not subject to local flooding and the designation of the flood plain prefix in this ordinance shall not be so interpreted.

(10-1150)  Special provisions.

(10-1151) The city manager may authorize filling operations to be conducted in any existing excavation, depression or hole within that portion of a district having a Flood Plain "FP" prefix designation, provided the elevation of the proposed fill does not exceed the average of the contiguous flood plain elevations.

(10-1152) Improvements to existing structures located within a district having a Flood Plain "FP" prefix may be authorized by the city manager.

10-1200—10-1360. Reserved.

Editor's note— Ord. No. 2013-2022, §§ 6—10, adopted September 3, 2013, repealed §§ 10-1200—10-1360, in their entirety. Former §§ 10-1200—10-1360, pertained to temporary subdivision sales office; temporary construction office; temporary buildings; mobile food vendor; snow cone establishments (seasonal), respectively, and were derived from original code; Ord. No. 03-1495, § 2, adopted November 3, 2003; Ord. No. 04-1553, § 2, adopted April 19, 2004 and Ord. No. 2010-1872, § 4, adopted October 5, 2010.

10-1370. Tattoo parlors, body art studios, and permanent cosmetics.

(1)

Tattoo parlors are subject to the following regulations:

(a)

No tattoo parlor may be located within 1,000 feet of a public, denominational and/or charter school. For purposes of this subsection, the 1,000-foot spacing requirement shall be measured from the leased or owned occupied space of the tattoo parlor to the nearest school lot line.

(b)

No tattoo parlor may be located within 1,000 feet of another tattoo parlor. For purposes of this subsection, the 1,000-foot spacing requirement shall be measured from the leased or owned occupied space of the tattoo parlor to the nearest leased or owned occupied space of any other tattoo parlor.

(2)

Body art studios are subject to the following regulations:

(a)

No body art studio may be located within 1,000 feet of a public, denominational and/or charter school. For purposes of this subsection, the 1,000-foot spacing requirement shall be measured from the leased or owned occupied space of the body art studio to the nearest school lot line.

(b)

No body art studio may be located within 1,000 feet of another body art studio. For purposes of this subsection, the 1,000-foot spacing requirement shall be measured from the leased or owned occupied space of the body art studio to the leased or owned occupied space of any other body art studio.

(3)

Permanent cosmetics and tattoo services as a secondary use are permitted as secondary uses only if conducted within a beauty salon, barber shop, spa or similar use. Beauty salons, barber shops, spas, or similar uses that include permanent cosmetics or tattoo services as secondary uses may be located in any district and in any place that normally allows the primary use.

(Ord. No. 2011-1923, § 4, 11-1-2011)

10-1380. Indoor gun ranges.

(a)

Indoor gun ranges shall be constructed and sound-proofed to prohibit any noise beyond the walls of the building of 75 decibels (dB) or higher.

(b)

Construction of indoor gun ranges shall incorporate walls, ceilings, and partitions capable of containing all projectiles fired within the range by collecting or redirecting bullets into the backstop.

(c)

Construction of indoor gun ranges shall incorporate safety baffles to protect lighting fixtures, ventilation and heating ducts, wall protrusions and electrical equipment from stray bullets and to prevent escape of projectiles through the roof of the building.

(d)

Construction of indoor gun ranges shall incorporate ventilation systems designed to provide an internal atmosphere adequate to protect the health of workers from prolonged exposure to airborne lead particulates.

(e)

Indoor gun ranges shall have a "gun safety plan" on file on the premises at all times.

(f)

Customer activity in the gun range shall be monitored by range safety officers to ensure the proper handling of firearms and ammunition.

(g)

Indoor gun range operators shall consult the National Rifle Association's range source book, as amended, for guidelines on the safe design, construction and operation of indoor gun ranges.

(Ord. No. 2013-2013, § 4, 7-16-2013)

10-1381. Indoor kennels.

Indoor kennels shall be constructed and sound-proofed to prohibit any noise beyond the walls of the building of 85 decibels (dB) or higher.

(Ord. No. 2013-2019, § 4, 8-20-2013)

Editor's note— Ord. No. 2013-2019, § 4, adopted August 20, 2013, set out provisions for use herein as § 10-1380. As § 10-1380 already exists, and at the editor's discretion, those provisions have been included as § 10-1381.

10-1385. Outdoor kennels.

Kennels that include any outdoor area shall be located a minimum of 2,000 feet from any single family property or zoning district.

(Ord. No. 2013-2019, § 4, 8-20-2013)

10-1400. Classification of new and unlisted uses.

(10-1401) It is recognized that new types of land use will develop and that forms of land use not anticipated will seek to locate in the City of The Colony. 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:

(a)

All questions concerning the classification of new or unlisted uses shall be referred to the planning and zoning commission for 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 thereof, enclosed or open storage, anticipated employment, transportation requirements, nature and time of occupancy or operation of the premises, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the requirements for public utilities such as sanitary sewer and water.

(b)

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

(c)

The planning and zoning commission shall transmit its findings and recommendation as to the classification of any new or unlisted use to the city council which may by resolution approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as it determines appropriate.

(d)

A revised use list including all additions made to the uses permitted in the several zoning classifications shall be published periodically.

10-1500. Use conversion of existing building.

(10-1501) No building or portion thereof designed and constructed as a residential building shall be changed to an office, retail or business use of any type similar to those listed in 10-206 through 10-215, except as hereinafter provided, unless such conversion complies with all requirements of the zoning district in which the structure is located and conforms to all ordinances of the City of The Colony.

(10-1502) Where structures do not meet the requirements of the zoning ordinance and where it is desired to convert, an exception to this regulation may be permitted by the board of adjustment after public hearing, examination of the circumstances surrounding the proposed conversion, and a finding that such conversion would not adversely affect surrounding properties. The board of adjustment may specify conditions applicable to such conversions.

10-1700. Farm livestock.

(10-1701) The keeping of farm livestock (including but not limited to pigs, cows, sheep, goats and horses) in the city is recognized as a use of land and therefore subject to the specific and special standards as herein provided.

(10-1702) The term pigs shall be inclusive to all swine, cows inclusive of all bovine, sheep inclusive of all ovine, goats inclusive of all caprine and horses inclusive of all equine.

(10-1710)  District location and specific standards.

(10-1711) The keeping of farm animals (such as but not limited to horses, pigs, cows, sheep, goats, chickens, turkeys, ducks, etc.) is prohibited in areas zoned residential except as provided by the ordinances of the City of The Colony.

(10-1720)  Special development standards.

(10-1721) Standings under roofed stables must be made of a material which provides for proper drainage so as not to create offensive odors, fly breeding or other nuisances.

(10-1722) Manure must be collected at least once a day and placed in concrete or metal flyproof containers. Manure must be removed from premises at least once a week.

(10-1723) Fences for pens, corral fences, or similar enclosures must be of sufficient height and strength to retain animals.

(10-1730)  General provisions.

(10-1731) The provisions of this ordinance shall not apply to governmental agencies, governmentally supported organizations or educational agencies which keep and maintain animals for health research or similar purposes, nor to special events which are otherwise regulated by local governments, including but not limited to circuses and livestock exhibitions.

(10-1740)  Nonconforming uses.

(10-1741) It is hereby expressly provided, however, that the keeping of any farm livestock in any zoned district which is permitted by law as of the effective date of this ordinance shall be permitted to continue for a period of six (6) months after the effective date of this amendment, except as provided in 10-1711 herein.

10-1800. Townhouse provisions.

(10-1801) A townhouse is a single-family dwelling unit on a separately platted lot with use and occupancy identical to all other single-family dwellings except without the required yard setbacks in front, side or rear. Any townhouse structure with more than one attached single-family unit, separated by a common wall should meet the current International Fire Code, as amended. Townhouses must be physically separable from their contiguous neighbors in the event of removal of the contiguous townhouse or townhouses. Each townhouse must have separate utility services; however, general utility services on that land owned and maintained by a homeowners' association will be allowed. Each party wall shall be covered by a set of deed restrictions.

(Ord. No. 2017-2270 , § 2, 8-2-2017)

10-1900. Historic Landmark suffix to district designation.

(10-1901) The "H" designation shall apply to those premises, lots, or tracts designated through procedures set forth by The Colony City Council. Additional uses may be permitted in any specific "H" subdistrict. Such suffix shall not affect the legal use of the property except as provided in the ordinance establishing the subdistrict.

(10-1902) Where there are conditions under which the required preservation of an Historic Landmark would cause undue hardship to the owner or owners the planning and zoning commission, after a public hearing on an application for such change, may recommend a change in use to the city council. After notice and public hearing as required by law, the city council may approve or disapprove the recommendation of the commission.

10-2000. Conditions for approval of a parking district.

(10-2001) Plans and specifications showing ingress and egress, the location, operation, lighting, screening and landscaping shall be submitted for approval by the planning and zoning commission and city council.

(10-2002) Landscape plans shall include type, quantity, location and size at time of planting of all plant material. Indicate and define all landscape features other than plant material. In every case the plans should include suitable planting in front of the building line.

(10-2003) All or part of the P district shall be either contiguous to or perpendicularly across an adjoining street or alley to the nonresidential main use.

(10-2004) (For required off-street parking only) The lot or tract used for surface parking shall be dedicated to parking use either by a P district for surface parking, or by an instrument filed for record and consolidated under a single certificate of occupancy with the lot or tract containing the nonresidential use.

(10-2005) The front building line shall be established by 11-401.

(10-2006) Ingress and egress for the parking facility shall be approved by the planning and zoning commission and city council after due consideration so that such ingress and egress should not be into a residential street and should not increase traffic in the residentially zoned district.

(10-2007) Surface parking use in P districts contiguous to a residentially zoned district shall contain no structure except that providing the required visual screen and signs as permitted by The Colony city ordinances.

10-2100. Business park district; special regulations.

Definitions:

(1)

Floor area ratio (F.A.R.)—Ratio of total floor area of structure to the total area of the site.

(2)

Floor area of structure—The total enclosed floor space measured from the inside face of exterior walls. Rooftop penthouses and mechanical spaces with the clear ceiling heights of five feet zero inches or greater shall be included in the determination of total floor space. Floor area within parking structures, beneath covered parking areas, drive-up or drive-through areas, carports, and other similar covered portions designated for automobile use space are not included in the total floor area of the structure.

(3)

Area of site—The total area of the site within the property lines less area designated as right-of-way for public use.

Height regulations: The height of structures within this district shall be limited only by the maximum height for structures established by the Federal Aviation Administration (FAA).

Floor area ratio:

A.

The base floor area ratio (F.A.R.) for all structures within this district shall be a ratio of four (4) to one (1). Such base F.A.R. is subject to being adjusted by applying the location factor and density bonus described below to a maximum of eight (8) to one (1).

B.

The location factor shall be estimated on all property located within one thousand (1,000) feet of property zoned S.F. or D by the City of The Colony at the time of site plan approval by the city council upon receipt of a recommendation by the planning and zoning commission. The base F.A.R. multiplied by the location factor will result in an adjusted F.A.R. For example: In a B.P. zoned district the basic F.A.R. of four (4) to one (1) will be multiplied by the location on the site plan—say .25, and this would result in an adjusted F.A.R. of one (1) to one (1). F.A.R. may be increased by the density bonus application.

Setback regulations: The minimum setbacks for all structures except signs and landscape features or elements shall be as follows:

Setback along major and secondary thoroughfares, minor streets and residential districts. No side or rear yard is required in the Business Park zoning district except there shall be a minimum yard (front, side or rear) required along all streets classified as major or secondary thoroughfares on the city thoroughfare plan; minor streets and residential districts as follows:

Density bonus application: Upon receipt of a completed density bonus application, and recommendation by the planning and zoning commission, the city council will consider increasing the F.A.R. in return for inclusion in the development of the amenities described below. In all cases, the city council shall make the final determination concerning the qualification of each item for inclusion in the bonus program, and all such decisions shall be completely at the discretion of the city council.

A.

Subgrade parking. Placing a portion or all of the parking requirement for the development below grade decreases the impact of such parking on the neighboring streets, views and developments and is strongly encouraged. It is recognized that such placement of parking below grade increases substantially the costs to the developer and therefore an increase of up to twenty-five (25) per cent additional F.A.R. may be rewarded according to the schedule below:

B.

Site planning. Effective use of landscaped open space, and natural landforms, clustering of buildings, mixtures of uses and multiple stories where appropriate to reduce building coverage is encouraged. Some underground parking will be appropriate in most cases. This will provide variety and interest in the site plan, will protect public view corridors when and where identified as appropriate, will reduce the general massing and commercial appearance of projects as viewed from the public right-of-way, and will screen and otherwise reduce the impact of parking areas.

Site plans which accomplish this objective can be awarded a maximum increase in floor area ratio of ten (10) per cent.

C.

Master plan development. The need for a master plan development is to guarantee that the main developer of the project from its inception to its total completion is involved and ultimately responsible for the entire project and all of its various phases even though he may not personally develop all of the areas under his control. Bonus: Ten (10) per cent maximum.

D.

Pedestrian access plan. The main purpose of this bonus is to allow the builder some imagination in allowing for smooth pedestrian traffic flow with safety, access and visual pleasantries as an integral part of the overall design plan. Bonus: Ten (10) per cent maximum.

E.

Landscape plan. Provision of unique landscape design materials, features and amenities as part of an integrated site plan which effectively screens and landscapes the parking lots, provides an attractive setting for the buildings, and preserves natural features and amenities of the site when appropriate is important public policy. It is recognized that these landscape features will require unusually high development costs therefore, to encourage maximum use of high quality landscaped programs, with provision for ongoing maintenance irrigation systems, projects meeting the provisions of this policy may be entitled to an increase in F.A.R. square footage of up to eight (8) per cent.

Design considerations, including plant massing, color, and architectural treatment must be present in design. Where necessary, separating vehicles and pedestrians by such methods as bridges, foot bridges or earthwork is encouraged.

A strong commitment to proper installation including mulching and staking of all trees, and a regular maintenance schedule shall be required.

Bonus: Eight (8) per cent maximum.

F.

Views from major roads. Views into the city from major roadways in and around the city are of prime concern. The degree to which a developer has recognized the impact his development may have on the appearance of the city from major traffic ways will be acknowledged by an increase in density of up to eight (8) per cent.

G.

Open spaces. Effective open space especially for buffering, preservation of views and accenting of landscaped entrances and pedestrian areas, is encouraged by a bonus of up to six (6) per cent. Effective open space shall not include paved areas. A minimum effective open space of fifteen (15) per cent is required and a bonus of one-half of one per cent will be awarded for each additional percentage of effective open space provided over the minimum, up to a maximum of six (6) per cent.

H.

Internal amenities. Internal services of attractions within a development service to intensify circulation within an immediate area and therefore reduce somewhat traffic intensity at peak movement periods. An increase in density of up to six (6) per cent will be allowed for projects which include internal amenities. Amount of increase awarded will be in proportion to the degree to which the amenities reduce traffic intensity and will be related to the general quality of the amenities.

I.

Off-site improvements. Off-site improvements made by developer for use of the city may qualify the projects for an increase in density of up to six (6) per cent. Such improvements may be made in response to requests made by the city, however, initiative on the part of the developer to anticipate items which will benefit the city is especially encouraged.

J.

Energy efficiency. Efforts by the developer to equip his project with more efficient heating and cooling equipment or more efficient lighting systems is encouraged. Using a standard use of 2.5 watts per square foot for lighting, and 6 watts, or the equivalent of, per square foot for air conditioning and ventilating and heating, the amount of density increase obtained with this bonus shall be determined as follows:

K.

Developer's option. This bonus is intended to encourage the developer to be creative and innovative in his or her development of a piece of property. A maximum bonus of six (6) per cent will be allowed. The city council shall determine the extent to which the developer is awarded bonus points. Prorated bonuses of one per cent to six (6) per cent may be recommended by the planning and zoning commission and approved by the council. The determination of bonus points awarded will be in direct relation to how the developer can answer the following question: "Has the developer been creative and innovative in developing the property so as to enhance the aesthetics of the area?" Bonus: Six (6) per cent maximum.

Development plan and landscaped open space:

A.

Development plan. A development plan including a completed density bonus application, shall be submitted and approved by the planning and zoning commission and city council for all projects using Business Park zoning.

B.

Landscaped open space. Landscaped open space shall be provided as follows:

(1)

A sixteen (16) foot wide landscaped space shall be provided adjacent and parallel to major thoroughfares.

(2)

A ten (10) foot wide landscaped space shall be provided adjacent and parallel to all public street rights-of-way except as required above.

(3)

Each development site shall provide effective open space equal to fifteen (15) per cent of the development site.

(Ord. No. 311, § 5, 11-26-1984)