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 Irving
 Land Development Code
 Part II. ZONING ORDINANCE NO. 1144

  § 52-63. Halfway houses.  

Latest version.

  • (a)

    Notwithstanding any other provision of this ordinance, no halfway house shall be permitted except in a site plan zoning district pursuant to section 52-32a approved by the City Council of the City of Irving after the recommendation of the zoning commission.

    (b)

    In granting a site plan zoning district for a halfway house, the city council shall impose such restrictions, requirements, and safeguards as are necessary to protect adjoining property; however, in no event shall a site plan be granted for a halfway house for the residence, rehabilitation and/or training of persons on probation, parole or pre-released inmates from correctional institutions or other persons found guilty of criminal offenses unless same meets the following minimum requirements:

    (1)

    Be located at least one thousand (1,000) feet from the property line of a premises or lot zoned for residential purposes or used for residence, school or hospital purposes. Said measurements to be in a straight line from the nearest wall of the structure proposed to be used for halfway house purposes to nearest property line of the lot or tract zoned for residential purposes or used for residential, school or hospital purposes.

    (2)

    Halfway house must be located no closer than three (3) miles from the nearest existing halfway house.

    (c)

    No halfway house shall have as residents or other users of the facility more than one hundred (100) persons, excluding facility staff.

    (d)

    No halfway house shall be located nearer than one thousand (1,000) feet to any premises zoned for service of alcoholic beverages pursuant to a permit issued by the Texas Alcoholic Beverage Commission. The measurement of the one thousand (1,000) feet is to be in a straight line from the nearest wall of the structure proposed to be used for halfway house purposes to the nearest property line of the lot or tract wholly or partially zoned for service of alcoholic beverages pursuant to a permit issued by the Texas Alcoholic Beverage Commission.

    (e)

    Variance. The city council, in a request for rezoning, for good cause shown may but is not required to grant a variance to the subsection (b)(1) restriction which prohibits granting a site plan zoning district for a halfway house within one thousand (1,000) feet of the property line of a premises or lot zoned for residential purposes if the premises or lot zoned for residential purposes is:

    (1)

    Not used for residential purposes and by reason of noncompliance with applicable zoning regulations and/or applicable subdivision regulation is of such size, condition, location or shape that it cannot reasonably be developed for residential purposes; or

    (2)

    Zoned "F," "G," "H," "J," "K," "L," "M" or Protective Permit Zoning District of Ordinance No. 209 and not used for residential, school or hospital purposes; or

    (3)

    Not used for residential purposes and is not zoned "R-40", "R-15", "R-10", "R-7.5", "R-6", "R-PH", "R-ZL", "R-ZLa", "R-3.5", "R-SFA", "R-3", "R-2.5", "R-MF", "R-MF-1", "R-MF-2", "R-MF-3", "R-TH", "R-MH", "R-XF", Site Planned or Planned Unit Developments of Ordinance No. 1144 for any of the foregoing "R" district uses.

(Ord. No. 5207, § 2, 5-14-87; Ord. No. 5357, § 1, 12-17-87)