§ 3-2. Special conditions for listed uses

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

1. A site plan will be required in accordance with section 6-1, Site plan requirements.

2. A site plan, in accordance with section 6-1, Site plan requirements, will only be required in districts which require a specific use permit.

3. All storage shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

4. Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

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

6. Permitted on a temporary basis only, in accordance with section 6-5, Temporary uses and special events.

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

8. Any proposed stable or barn must be set back 150 feet from a residential property line. Only animals permitted within the corporate limits by the City Code will be permitted on site.

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

10. A copy of the state certification of licensing or registration as described in section 42.052 of Chapter 42 - Texas Human Resources Code must be provided to the city.

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

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

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

14. Antenna and towers shall be permitted and regulated in accordance with wireless communications facilities.

15. Accessory dwelling/garage apartments are limited to a maximum of 500 square feet.

16. Any business which uses the operation of motor vehicles on site, such as go cart tracks, shall not be located within 500 feet from any residentially zoned property.

17. Mini-warehouses.

(a) The principal access to the mini-warehouse complex shall be provided by an access drive of not less than 24 feet in width;

(b) The lot area used for mini-warehouse structures facing onto a public street shall not be greater than 100 feet in width including the access drive. The remainder of the lot devoted to the mini-warehouse use shall not face on any other public street;

(c) The boundary of the mini-warehouse complex shall be screened by walls or other devices from any adjoining use that, in the opinion of the council, is incompatible with the mini-warehouse use.

18. Any non-residential use abutting a residentially-zoned property shall be screened from public view by a solid fence, wall, berm, live plant material, or any combination thereof.

19. All child care centers shall comply with the following standards:

20. All vehicular entrances and exits shall be clearly visible from the street.

21. All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.

22. Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the city council if the child care is provided for less than four hours per day for an individual person.

23. In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.

24. Street width shall be no less than 27 feet wide.

25. Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the city council. Upon due notice and hearing before the city council, any such permit may be revoked if the city council finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

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

(a) No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefore. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health department's regulations.

(b) A swimming pool may be constructed and operated when:

(c) The pool is not located in any required front or side yard abutting a street;

(d) A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area;

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

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

(g) The swimming pool is no closer then eight feet from any property line.

(h) Requires a traffic impact analysis (TIA) to be submitted. If a site plan is required, the TIA shall be submitted with the site plan.

27. Bed and breakfast is subject to the following conditions:

(a) Additional parking of one space per guest bedroom will be required. Parking must be screened from view of adjacent residentially zoned property.

(b) Food service will be limited to overnight guests of the bed and breakfast establishment and shall be prepared on site, with the exception of receptions, retreats, teas and luncheons that may be catered.

(c) Receptions, retreats, teas and luncheons in the SF1 and SF2 residential districts are limited to no more than 50 guests.

(d) The architecture of the structure and the grounds of the bed and breakfast must maintain the character of the neighborhood. If alternations are made, the exterior of the structure and the grounds must remain typical of the neighborhood and give no appearance of the business establishment within.

(e) A permanent, wired, smoke alarm system meeting all city codes must be installed.

(f) Signage is limited to one sign per bed and breakfast. Signs must be discreet and unobtrusive, must be architecturally compatible with the character of the neighborhood and may contain only the name of the bed and breakfast and/or the owner's name.

28. Cargo containers shall be regulated by section 6-14

29. Private stables as an accessory use to the housing of animals owned by the resident and set back from adjacent property lines a minimum distance of 100 feet. A minimum area of one-half acre shall be provided for each animal.

30. In the SF1, SF2, SF3, and SF4 zoning districts agricultural uses shall be limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises.