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OR 91500-A-790 SUP Regulations 1 TM 135177 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDNIANCE NO. 91500-A-790 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 12 – “ZONING”, ARTICLE 30 “S OR SUP, SPECIAL USE PERMITS” OF THE CODE OF ORDINANCES BY AMEDING SECTIONS 12-30-2, “SPECIAL USE PERMIT REGULATIONS, SUBSECTION (1) AND (2) TO PROVIDE FOR REASONABLE REGULATIONS FOR OPERATION OF SUCH SPECIAL USE AS SPECIAL CONDITIONS AND PROVIDING FOR AMENDMENTS AND REVOCATION UPON NON-COMPLIANCE; AMENDING SECTION 12- 30-5 OF SAID CHAPTER AND ARTICLE “SF-ED SINGLE FAMILY ESTATE DISTRICT” BY AMENDING USES TO INCLUDE A LODGING HOUSE; AMENDING SECTION 12-30-6 TO DELETE AND REMOVE ANY REFERENCES TO NON-SINGLE FAMILY RESIDENTIAL USE AND RENUMBER BY DELETING“ TWO FAMILY-9 (2F-9), TOWN HOUSE 1 (THE-1), TOWN HOUSE 2 (THE-2), MULTI-FAMILY 1 (MF-1), MULTI-FAMILY 2 (MF-2) AND MANUFACTURED HOME (MH)”OF SAID CHAPTER AND ARTICLE, AND AMENDING USE TO INCLUDE A LODGING HOUSE AS A USE; ADDING SECTION 12-30-6A,; AMENDING SECTION 12-30-13A, “H HISTORIC”, OF SAID CHAPTER AND ARTICLE TO ADD MINIMUM OF BUILDING FOOTPRINT TO 5,000 SQUARE FEET AND LODGING HOUSE AS A USE, EXCEPT TO LIVE- WORK UNITS; MOTEL HOTEL USES, SECOND FLOOR RESIDENTIAL USE AND RESIDENTIAL USES; TO ADD A NEW SECTION 12-30-19 “LODGING HOUSES” BY PROVIDING REGULATIONS FOR SUCH SPECIAL USES AND SPECIAL CONDITIONS; AND, BY AMENDING SECTION 12-42-1 OF SAID CHAPTER AND ARTICLE TO ADD A DEFINITION OF ‘LODGING HOUSE’; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that regulations are needed to be updated to address regulations for Special Use Permits, and WHEREAS, the City Council has determined that regulations needed are intended to protect the public health, safety, morals and general welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 12, ‘Zoning’, Article 30 ‘S or SUP, Special Use Permits’ of the Code of Ordinances is hereby amended by amending Sections 12-30-2 “Special Use Permit Regulations’ Subsections (1) and (2), which shall read as follows: 2 TM 135177 “CHAPTER 12 – ZONING ARTICLE 1. – ENACTING CLAUSE ….. ARTICLE 30. – S OR SUP, SPECIAL USE PERMITS Sec. 12-30-1. – Special uses . . . . . Sec. 12-30-2. – Special use permit regulations. 1. In recommending that a special use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space landscaping, heights of structures, and compatibility of buildings; and such other reasonable regulations concerning the operation of such uses. 2. Every special use permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under consideration, but shall not be considered as a permanent change in zoning subject to the amendment or revocation as deemed appropriate. In the event the building, premises, or land uses under the special use permit is voluntarily vacated or if the ownership is voluntarily transferred, or if such buildings, premise, or land is more than 50 percent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property unless a new and separate special use permit is granted for continuation of the use. 3. . . . .” SECTION 2. That Chapter 12, ‘Zoning’, Article 30 ‘S or SUP, Special Use Permits’ of the Code of Ordinances is hereby amended by amending Section 12-30-5 “SF-ED”, Single Family Estate District; by amending uses to include a lodging house; and by amending Section 12-30-6 to delete from Section 6 the following districts “Two Family-9 (2F-9), Town House 1 (THE-1), Town House 2 (THE-2), Multi-Family 1 (MF-1), Multi-Family 2 (MF-2) and Manufactured Home (MH) of said Chapter and Article, to amend special use list to include a lodging house as a special use; which shall read as follows: 3 TM135177 “CHAPTER 12 – ZONING ARTICLE 1. – ENACTING CLAUSE . . . . . ARTICLE 30. – S OR SUP, SPECIAL USE PERMITS Sec. 12-30-1. – Special uses . . . . . Sec. 12-30-5. “SF-ED” single family estate district 1. Airport. (private) 2. Cemetery. 3. Charitable organizations. 4. Lodges and similar public organizations. 5. Lodging houses. 6. University, college or parochial school and related facilities. (public or private) 7. Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 8. Day nursery or day care. 9. Public utilities such as electric substation and transmission line. 10. Hospital and related uses. 11. Post Office. 12. Riding academy or other equestrian related facilities. 13. Sewage treatment plant. (private) 14. Stadium. 15. Stucco type construction. 16. Temporary batching plant for any period in excess of 180 days. Sec. 12-30-6. Single family-18 (SF-18), Single-Family-12 (SF-12), Single-Family-9 (SF-9) and Single-Family-7 (SF-7 1. Cemetery. 2. Charitable organizations. 3. Lodges and similar public organizations. 4. Lodging Houses. 5. University, college or parochial school and related facilities. (public or private) 4 TM135177 6. Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 7. Day nursery or day care. 8. Public utilities such as electric substation and transmission line. 9. Hospital and related uses. 10. Post Office. 11. Sewage treatment plant. (private) 12. Stadium. 13. Stucco type construction. SECTION 3. That Chapter 12, ‘Zoning’, Article 30 ‘S or SUP, Special Use Permits’ of the Code of Ordinances is hereby amended; adding a new section, Section 12-30-6a, which shall read as follows: “CHAPTER 12 – ZONING ARTICLE 1. – ENACTING CLAUSE . . . . . ARTICLE 30. – S OR SUP, SPECIAL USE PERMITS Sec. 12-30-1. – Special uses . . . . . Sec. 12-30-6a. - Two-Family-9 (2F-9), Townhouse 1 (TH-1), Townhouse 2 (TH-2), Multi-Family 1 (MF-1), Multi-Family 2 (MF-2) and Manufactured Home (MH). 1. Cemetery. 2. Charitable organizations. 3. Lodges and similar public organizations. 4. University, college or parochial school and related facilities. (public or private) 5. Country club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 6. Day nursery or day care. 7. Public utilities such as electric substation and transmission line. 8. Hospital and related uses. 9. Post Office. 5 TM135177 10. Sewage treatment plant. (private) 11. Stadium. 12. Stucco type construction.” Sec. 12-30-7. “O” Office. . . . . .” SECTION 4. That Chapter 12, ‘Zoning’, Article 30 ‘S or SUP, Special Use Permits’ of the Code of Ordinances is hereby amended by amending Section 12-30-13A, “H -Historic”, of said Chapter and Article to add minimum of building footprint to 5,000 square feet and lodgin g house as a special use, except for live-work units; motel hotel uses, second floor residential use and residential uses; which shall read as follows: “CHAPTER 12 – ZONING ARTICLE 1. – ENACTING CLAUSE ….. ARTICLE 30. – S OR SUP, SPECIAL USE PERMITS Sec. 12-30-1. – Special uses . . . . . Sec. 12-30-13A. – “H” Historic 1. Auto parking lot. 2. Auto parts sales (new). 3. Broadcasting facilities, radio or television {for towers see section 12-32A - Telecom. Ordinance}. 4. Building footprint exceeding 5,000 square feet. 5. Carpentry, painting or, plumbing shops. 6. Cemetery. 7. College, university, or parochial school, private school and related facilities. 8. Day nursery or day care centers (children or adult). 9. Drive-in theater (outdoor). 10. Electric substation, transmission line or other public utilities. 11. Grocery and convenience stores. 6 TM135177 12. Hospital. 13. Lodging House when part of a single-family residential development or mixed - use development and shall not include live/work units. 14. Limited warehousing and distribution shall be limited to a maximum of 20 percent of the floor area of the building. 15. Mortuary or funeral services. 16. Motel, hotel, residence hotel (refer to section 12-30-18 for specific regulations). 17. Multi-story garage (commercial). 18. Nursing home, convalescent home, home for the aged, assisted living, etc. 19. Office, retail, or commercial with residential on second floor. 20. Office warehouse with less than 20 percent of the floor area being devoted to warehousing. 21. Radio broadcasting towers. 22. Radio, television or microwave receiving dish (subject to screening regulations; see section 12-33-1). 23. Residential development in general conformance with Old Coppell Concept Plan. 24. Sports, recreation and entertainment (indoor or outdoor).” SECTION 5. That Chapter 12, ‘Zoning’, Article 30 ‘S or SUP, Special Use Permits’ of the Code of Ordinances is hereby amended by adding a new section 12-30-19 “Lodging house” by providing regulations and special conditions; which shall read as follows: “CHAPTER 12 – ZONING ARTICLE 1. – ENACTING CLAUSE ….. ARTICLE 30. – S OR SUP, SPECIAL USE PERMITS Sec. 12-30-1. – Special uses . . . . . Sec. 12-30-19. – Lodging house No person shall advertise, offer to rent, lease, sublease, license or sublicense or offer the same, a single-family residential property within the city as a lodging house unless a special use permit is approved and in accordance with this chapter and article and other 7 TM135177 applicable municipal codes. A Lodging House is required to pay Hotel Occupancy Taxes to the City. A special use permit for a lodging house may be approved only when there is a finding and determination by the City Council, that the lodging house use proposed is compatible and consistent with and will have no adverse effect on existing uses in the area in compliance with special conditions approved by City Council. If a lodging house is approved, a lodging house rental permit must be obtained and comply with applicable code enforcement requirements contain in the Code of Ordinances, Chapter 9, General Regulation, Article 9 -29, Short Term Rentals, as amended . Such special condition shall include and is not limited to: 1. Subletting; 2. Signage; 3. Parking; 4. Outdoor usage; 5. Adjacency of housing; 6. Hours of operation; 7. No events or parties; 8. No commercial activity; A Lodging House shall only be allowed in the following zoning districts: SF-ED, SF- 18, SF-12, SF-9, SF-7 and the H district where there is a PD for single-family residential or mixed -use.” SECTION 6. That Chapter 12, ‘Zoning’, Article 42 “Special Definitions” of the Code of Ordinances is hereby amended by amending Section 12-42-1 to add the definition of ‘lodging house’; which shall read as follows: “CHAPTER 12 – ZONING ARTICLE 1. – ENACTING CLAUSE ….. ARTICLE 42. – SPECIAL DEFINITIONS Sec. 12-42-1. - Definitions. Certain words in this Ordinance not heretofore defined are defined as follows: . . . . . Accessory building or use: One which: (a) is subordinate to and serves a principal use; and (b) is subordinate in area, . . . . . . . . . . 8 TM135177 Loading space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and . . . . . Lodging House: "the rental of any single-family residence or its residential structure, mobile home, manufactured house or a portion of a single-family residence or residential structure including but not limited to pools, garages, and outdoor accessory structures for a period of less than 30 days". This term includes but not limited to: 1. bed and breakfast; 2. boarding home or hostel; 3. vacation home; 4. short-term rentals (STR); or 5. corporate housing. The term does not include; 1. A unit that is used for a nonresidential purpose, including an educational, retail, restaurant, banquet space, or event center purpose or other commercial purposes another similar use; 2. A hotel/residence hotel; 3. A place for residence or use as a licensed health care or assisted living facility licensed by the State; or 4. Parsonage on the premise of a church, mosque or synagogue. 5. A commercial storage facility.” Lot area: The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. (See appendix illustration No. 12). . . . . .” SECTION 7. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 8 That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 9. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 10.That this ordinance shall take effect on 14 3/4 01003 and after publication of its caption,as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell,Texas,this the - day of ,2023. APPROVED: WES MAYS, MAYOR ATTEST: ASHLEY OWE ,CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HA CITY ATTORNEY 9 TM135177