§ XVIII-A. [Uses permitted by protective permit.]

The city commission of the City of Irving, Texas, may after public hearing and proper notice to all parties affected and after recommendation from the city zoning commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specified districts:

(1)

Any use or public building to be erected or used by the city, county, state or federal government in any district.

(2)

Private schools, kindergartens and nurseries teaching the same subjects as public elementary and high schools in any district, provided the building or buildings are set back from all required yard lines in the district in which they are to be located two (2) feet for each foot of building height and provided off-street parking facilities are provided. For schools and kindergartens a minimum building area of thirty (30) square feet per pupil and a minimum site area of two hundred (200) square feet per pupil shall be provided.

(3)

Institutions of a religious, educational or philanthropic nature in any district.

(4)

Private housing projects and shopping centers consisting of not less than three (3) acres and when accompanied by a site plan drawn to scale and showing the arrangement of the project in detail together with essential requirements such as parking facilities, locations of buildings and the uses to be permitted, and means of egress and ingress in any district.

(5)

Airport or landing fields or airport facilities in any district.

(6)

Day nurseries in any district.

(7)

Dog kennels and veterinarian hospitals in the "F" and "G" districts or on a farm of five (5) acres or more in any district.

(8)

Temporary commercial amusement enterprises such as circuses, carnivals, driving ranges, miniature golf courses, pony rides, miniature train rides, and rodeos in any district.

(9)

Riding academy or public stable on sites of five (5) acres or more, in any district.

(10)

Radio broadcasting towers and stations, television towers and television transmitting stations in any district.

(11)

Any installation of a public utility either privately or publicly owned in any district.

(12)

Water reservoir, water pumping station, water towers or artesian wells in any district.

(13)

Hospitals, dental and medical offices, clinics, children's homes, convalescent homes, old people's homes, maternity homes, in the "C" and "D" district or in any district where a site of five (5) acres or more is provided. Hospitals, dental and medical offices, clinics, convalescent homes, old people's homes and maternity homes existing in a "C" and "D" district on the effective date of this ordinance shall be deemed conforming.

(14)

Homes for the insane, alcoholic, feeble-minded and narcotics in the "C", "D", "F" and "G" districts or in any district where a site of twenty (20) acres or more is provided.

(15)

Hotels and motels in the "C" and "D" districts.

(16)

Private clubs and community buildings in a "C" and "D" district or on a site of three (3) acres or more in any district.

(17)

Drive-in theatres in the "F" and "G" districts or on sites of ten (10) acres or more in any district.

(18)

Greenhouses and nurseries in any district.

(19)

Dance halls, when located in "F" and "G" districts or on sites of ten (10) acres or more in any district.

(20)

Tourist camps and trailer parks in the "F" and "G" districts.

(20a)

Used car sales in any district.

(21)

Rock quarries, sand, gravel and earth excavations. At the time the permit is granted, the city commission may impose reasonable conditions for the protection of the public health and safety and may provide for the restoration of such property to a usable condition after excavations have been terminated.

(22)

Where the city zoning commission is considering any change in zoning whereby the provision of off-street parking facilities, screening, walls, fences, or planting and open space would create a protective transition between a lesser and more restricted district, the city zoning commission may, within its discretion, make the following recommendations to the city commission:

(a)

Recommend against the change in zoning.

(b)

Recommend a change in zoning.

(c)

Recommend that a protective permit for such area be granted, together with its recommendations for the requirements of paving of streets, alleys, and sidewalks, means of ingress and egress to the public streets, provisions for drainage, parking space and street layouts, and protective screening and open space.

(23)

(a)
Notwithstanding any other provision of this ordinance, no private club in which alcoholic beverages are stored, possessed, mixed, consumed, or served shall be permitted in any zoning district in the City of Irving except under a protective permit granted by the city council of the City of Irving after recommendation of the zoning commission.

(b)

In granting a protective permit for a private club in which alcoholic beverages are stored, possessed, mixed consumed or served, the city council shall impose such restrictions, requirements and safeguards as are necessary to protect adjoining property.

(c)

No protective permit for a private club in which alcoholic beverages are stored, possessed, mixed, consumed, or served shall be granted within three hundred (300) feet of any church, public school or public hospital as defined in Article 666-25(a) of the Penal Code of State of Texas.

(24)

Halfway houses.

(a)

Notwithstanding any other provision of this ordinance, no halfway house for the residence, rehabilitation and/or training of more than two (2) persons, all of whom are not related one to the others within the first degree of consanguinity or affinity, who are on probation, parole or are pre-released inmates from correctional institutions or other persons found guilty of criminal offenses and no halfway house for residence, training, rehabilitation, counseling or treatment of more than two (2) persons, all of whom are not related one to the others within the first degree of consanguinity or affinity, for alcohol, chemical or drug abuse or dependency shall be permitted in any zoning district except under a protective permit issued by the city council of the City of Irving after the recommendation of the zoning commission. Provided, however, that the office of a state licensed physician shall not require a protective permit if such office shall not permit patients to stay overnight.

(b)

In granting a protective permit 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 protective permit be issued 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 person 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 requiring a protective permit under this ordinance 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.

(d)

No halfway house requiring a protective permit under this ordinance shall have as residents or users of the facility more than one hundred (100) persons, excluding facility staff.

(Ord. No. 473, § 1, 5-29-58; Ord. No. 581, § 1, 11-12-59; Ord. No. 905, § 3, 5-16-63; Ord. No. 964, § 1, 9-26-63; Ord. No. 5207, § 1, 5-14-87)