Alvarado City Zoning Code
ARTICLE I
APPLICABILITY OF ORDINANCE
§ 42-1 Interpretation, purposes, and administration.
(a)
Purpose.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and welfare. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan, for the purpose of promoting the health, safety, morals and welfare of the city. This chapter has been designed, among other things, to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of the land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, open spaces, and to protect and enhance historical, cultural and environmental qualities, and other public requirements. They have been made with reasonable consideration, among other things; of the right to use the land subject to reasonable regulations; of the character of the district and its peculiar suitability for the particular uses specified; and with a view of conserving the value of land and buildings and encouraging the most appropriate use of land throughout the city consistent with the comprehensive plan.
(b)
Zoning administration.
The zoning administrator is charged with the administration and interpretation of this chapter. In the event that this chapter or any provision hereof is unclear as to its applicability to any property or person, the zoning administrator shall render an interpretation of the ordinance or provision after taking into consideration the purpose and intent of the ordinance as a whole. The decision of the zoning administrator shall be subject to review by the board of adjustment as provided in section 42-95.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-2 Scope of chapter.
The provisions of this zoning chapter and the regulations in the districts established herein constitute minimum requirements for the promotion of the public health, safety, morals and general welfare of the city. Wherever higher or more restrictive standards are established by provisions of any other applicable statute, ordinance or regulation than is established by the provisions of this chapter, the provisions of such other statute, ordinance or regulation shall govern.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-3 Compliance with zoning regulations.
(a)
Compliance with zoning regulations required.
Except as otherwise provided in this chapter, all property located within the city shall only be occupied, used, erected, altered, converted, arranged or designed in conformance with the zoning regulations prescribed for the zoning district in which such property is located as hereinafter provided.
(b)
Building permits prohibited without plat.
No permit for the construction or placement of a building upon any property shall be issued unless the property is part of a plat of record, properly approved by the planning and zoning commission and city council and filed in the plat records of the county.
(c)
Exclusions.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time the provisions of this chapter become applicable provided the entire building shall be completed within one year from the date of the passage of the ordinance from which this chapter is derived.
(d)
One main building on a lot or tract.
Only one main building for one-family or two-family use with permitted accessory buildings may be located upon any lot or tract. Every dwelling shall face or front upon a public street or approved means of access other than an alley, which street or approved means of access shall have a minimum width of 30 feet. Where a lot is used for retail or multifamily dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, density, and other development requirements applicable to the uses in the district in which it is located. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the city council. No parking area, yard, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other use.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-4 Zoning districts.
(a)
Purpose.
In order to regulate and restrict the location of trades and industries, the use of land and buildings, and the location of buildings erected, placed, reconstructed, altered or enlarged for specified uses; to regulate and limit the height and bulk of buildings; to regulate and determine the area of yards and other open spaces; to regulate and limit the density of population; and to otherwise assure that adjoining and adjacent uses of land are compatible, the city is hereby divided into the following zoning districts:
A | Agricultural District |
C-1 | Commercial District—Office, Light Retail and Neighborhood Services |
C-2 | General Commercial District |
CBD | Central Business District |
DT | Downtown Overlay District |
FP | Floodplain District |
GH | Garden Home District |
I | Institutional District |
M-1 | Light Manufacturing/Industrial District |
M-2 | Heavy Manufacturing/Industrial District |
MF | Multifamily Residential District |
MH-1 | Manufactured Home Park District |
MH-2 | Manufactured Home Subdivision District |
MH-3 | Manufactured Home Subdivision District |
PD | Planned Development District |
SF-1 | Single-Family Residential District |
SF-2 | Single-Family Residential District |
TF | Two-Family Residential (Duplex) District |
(b)
Uses permitted by district.
Land and buildings in each of the zoning districts may be used for any of the indicated uses in that district but no land shall hereafter be used, and no building or structure shall hereafter be occupied, used erected, altered, converted, arranged or designed for other than those uses specified as permitted uses in the district in which it is located.
(c)
Description of zoning districts.
(1)
A—Agricultural district.
The A district provides for the continuance of farming, ranching, and commercial gardening activities on land being utilized for these purposes. When land in an agricultural district is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district to provide for orderly growth and development in accordance with the comprehensive plan. See section 42-20 for A agricultural district regulations.
(2)
SF-1—Single-family residential district.
The SF-1 district provides for a minimum residential building site of 7,500 square feet. Density in this district will usually be no greater than four units per gross acre. See section 42-21 for SF-1 single-family residential district regulations.
(3)
SF-2—Single-family residential district.
The SF-2 district provides for a minimum residential building site of 6,000 square feet and permits residential development of densities ranging from four to six units per gross acre. See section 42-22 for SF-2 single-family residential district regulations.
(4)
GH—Garden home district.
The GH district allows for more flexible development of single-family subdivisions with homes being built on small lots with zero lot lines. See section 42-23 for GH garden home district regulations.
(5)
TF—Two-family residential (duplex) district.
The TF district provides for stable, quality residential development, including duplex, garden (patio) homes, and similar residential development with densities ranging from four to eight units per gross acre. See section 42-27 for TF two-family residential (duplex) district regulations.
(6)
MH-1—Manufactured home park district.
The MH-1 district establishes a category in which manufactured home park development with a maximum density of approximately five to six units per gross acre can occur. See section 42-24 for MH-1 manufactured home park district regulations.
(7)
MH-2—Manufactured home subdivision district.
The MH-2 district establishes a category in which a tract can be platted and developed with lots sold to persons seeking to locate manufactured homes, and/or standard single-family units. The MH-2 district permits residential development of densities ranging from four to six units per gross acre. See section 42-25 for MH-1 manufactured home subdivision district regulations.
(8)
MH-3—Manufactured home subdivision district.
The MH-3 district allows for manufactured home subdivisions with a more flexible design than the MH-2 district. As with the MH-2 district, it is interpreted to provide characteristics and atmosphere similar to a single-family subdivision. See section 42-26 for MH-3 manufactured home subdivision district regulations.
(9)
MF—Multifamily residential district.
The MF district permits multifamily developments of maximum densities of 15 units per acre, except under special mitigation conditions. See section 42-28 for MF multifamily residential district regulations.
(10)
C-1—Commercial district—Office, light retail, and neighborhood services.
Retail, commercial, and office uses developed under the standards of the C-1 district are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See section 42-29 for C-1 commercial district—Office, light retail, and neighborhood services regulations.
(11)
C-2—General commercial district.
Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses, are located in the C-2 district. See section 42-30 for C-2 general commercial district regulations.
(12)
CBD—Central business district.
The CBD is established to accommodate the unique characteristics of the historical center of the city and to ensure that future development in the CBD is compatible with maintaining the economic and historic integrity of the area. The central business district is designed to provide an area for shopping, dining, working, and entertainment which will remain active during evenings and weekends as well as standard work hours. See section 42-33 for CBD central business district regulations.
(13)
M-1—Light manufacturing/industrial district.
The M-1 district is established to accommodate uses of a non-nuisance type located in relatively close proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, jobbing, and warehouse uses and certain specialized manufacturing and research uses of a type which will not create nuisances, as well as any commercial uses. See section 42-31 for M-1 light manufacturing/industrial district regulations.
(14)
M-2—Heavy manufacturing/industrial district.
The M-2 district is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See section 42-32 for M-2 heavy manufacturing/industrial district regulations.
(15)
I—Institutional district.
The I district is established to accommodate uses of a generally noncommercial institutional and/or group quarters character. Such uses typically have residential characteristics or have symbiotic relationships with residential neighborhoods. See section 42-34 for I institutional district regulations.
(16)
PD—Planned development district.
The PD district provides a zoning category for the planning and development of larger tracts of land or tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect for the protection of surrounding property. See section 42-35 for PD planned development district regulations.
(17)
FP—Floodplain district.
Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a subdistrict. Areas designated FP may be used only for those uses listed in section 42-36 until a use in any area or any portion thereof located in FP subdistrict has been approved by the city council. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See section 42-36 for FP floodplain district regulations.
(18)
DT—Downtown overlay district.
The downtown overlay district is established to safeguard the core of downtown Alvarado and ensure that any new development is compatible with existing development and also reflects a historic character, is functional, and has organized design. See section 42-38 for DT downtown overlay district regulations.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015; Ordinance 2025-0005 adopted 2/17/2025)
§ 42-5 Zoning district map.
The districts aforesaid, and the boundaries of such districts, shall be as hereinafter described, and as shown upon the map attached hereto and made a part of this chapter, said map being designated as the "Zoning Map of the City of Alvarado, Texas." The map and all notations, references, and other information shown thereon shall be a part of this chapter the same as if all such matters and information were fully described herein. The original of said map shall bear the date of the passing of the ordinance from which this chapter is derived and shall be signed by the mayor and attested by the city secretary, under the seal of the city. The original map shall be kept in the office of the city secretary in the city hall, and a replica thereof shall be produced upon paper or other format in such reduced scale as will permit it being attached to this chapter.
It shall be the duty of the zoning administrator to keep the official zoning map and current copies up to date, by entering on such map any changes which the city council may from time to time approve by amendments to the zoning ordinance. A written record (logbook) shall be kept by the zoning administrator of all changes made to the zoning district map.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-6 Zoning district boundaries.
(a)
Rules of interpretation.
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the official zoning map, the following rules shall apply:
(1)
The district boundaries are either streets, alleys, or railroad right-of-way unless otherwise shown, and where the districts designated on the zoning map are bounded approximately by street or alley lines, the centerline of said street or alley shall be construed to be the boundary of such district. Where the districts designated on the zoning map are bounded approximately by railroad or utility right-of-way lines or public rights-of-way, the centerline of the railroad or utility right-of-way or the public right-of-way shall be construed to be the boundary of the district.
(2)
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the zoning map are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
(3)
In un-subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale contained on such map, unless dimensions are shown.
(4)
Boundaries indicated as approximately following the city limits shall be construed as following the city limits.
(5)
Boundaries indicated as following the centerlines of streams or rivers or the shoreline of lakes or ponds shall be construed as following such centerlines or shorelines as the case may be.
(6)
Whenever any street, alley, or other public way is vacated by official action of the city council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley or way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.
(7)
Where physical features on the ground are at variance with information shown on the official zoning map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections (a)(1) through (6), or if the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered classified as A agricultural district until rezoned.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-7 Newly annexed territory.
An area being annexed into the city shall ordinarily be given permanent zoning concurrently with the annexation. In the event that any territory is annexed into the city without zoning being concurrently established, the annexed territory shall be temporarily classified in the A agricultural district until permanent zoning classifications are given to the area by the city council. The procedure for establishing appropriate zoning on any annexed territory shall be the same as set forth in section 42-96 for the amendment of the zoning ordinance.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-8 Consistency with comprehensive plan.
(a)
Review of zoning.
As the zoning ordinance is one implementation tool for the city's comprehensive plan, the zoning ordinance shall be kept current and consistent with the goals and objectives of the comprehensive plan. Consequently, it shall be the policy of the city council that during the review of the comprehensive plan the appropriate implementation committee shall review the zoning on all undeveloped parcels of land to determine if the zoning in effect at the time is appropriate. If there are undeveloped parcels with zoning which has been in effect for at least ten years and if, in the committee's opinion, zoning is inconsistent with the comprehensive plan and no longer appropriate, a recommendation shall be made that a public hearing be called to review said zoning. Proceedings may then be initiated to amend the ordinance as specified in section 42-96.
(b)
Amendment of comprehensive plan.
If a rezoning of any property shall be requested which is contrary to the comprehensive plan, during the review process for such rezoning request consideration shall be given for amendment to the comprehensive plan. In the event the city council determines that the requested zoning promotes the public health, safety, morals and welfare and should be approved, the city council may require the applicant to apply for an amendment to the comprehensive plan concurrently with the request for rezoning.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)
§ 42-9 Rules of construction and definitions.
(a)
Rules of construction.
The following rules of construction shall apply to the interpretation of words used in this chapter:
(1)
Terms used in the present tense include the future tense.
(2)
Terms used in the singular number include the plural number.
(3)
Terms in the plural number include the singular number.
(4)
The terms "building" and "structure" are synonymous.
(5)
The terms "lot," "plot," and "tract" are synonymous.
(6)
The term "shall" is mandatory and not discretionary.
(b) Abutting property Accessory building or use(1) (2) (3) (4) Adjacent Air conditioning and refrigeration contractor Airport, landing field Alley Amusement, commercial (indoor) Amusement, commercial (outdoor) Antenna/microwave reflector Antenna, radio or television, Antique shop Apartment Arcade Area of a lot or building site Assisted living facility(1) (2) (3) (4) a. b. c. d. Auto laundry. Auto leasing Auto parts sales, inside, Auto parts sales, outside, Automobile and trailer sales, new, Automobile and trailer sales, used, Automobile repair, major, Automobile repair, minor, Automobile service station Automobile storage, auto storage Automobile wrecking yard or junkyard Bakery and confectionery, commercial, Bakery and confectionery, retail sales, Bank, savings and loan, credit union Barber school or college Barbershop Basement Beauty culture school, cosmetology specialty shop Beauty shop Bed and breakfast inn Block Boarding home facility(1) (2) Bottling works Brew pub Buildable width Building Building, detached, Building end Building, front of, Building line Building lot Building, main or primary, Building materials, hardware sales Building official Bus terminal Business service Cabinet and upholstering shop Canopy Carport Carwash Cellar Certificate of occupancy Child care center Church, rectory, or place of worship Civic center Cleaning and dyeing, dry cleaning plant Cleaning and dyeing, small plant or shop, Clinic, medical or dental, College or university Community center, private, Community center, public, Community home(1) a. b. c. d. (2) Construction yard, temporary, Contiguous Convenience store Country club, private, Court Coverage Custom personal service shop Depth of lot Discount, variety, or department store Dormitory Duplex Dwelling, single-family attached, Dwelling, single-family detached, Dwelling unit Electrical substation Exhibition area Fairgrounds Family Farm, ranch, or orchard Feed and farm supply store Field or sales office, temporary, Flea market Floodplain Floor area Floor area ratio Florist Food store, grocery store Fraternal organization, lodge, or civic club Front yard. Furniture and appliance repair or storage Furniture, appliance store, Garage, private, Garden center (retail sales) Garden (patio) home Gas metering station General commercial plant General manufacturing General merchandise store Golf course Greenhouse, noncommercial, Greenhouse or plant nursery, commercial, Gross floor area. Guesthouse Heavy load vehicle (HLV) Height(1) (2) (3)
Heliport or helistop Home occupation(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Hospital, acute care, Hospital, chronic care, long-term health care facility, Household care facility Household care institution Industrial park Industrialized housing.(1) (2) Junkyard or salvage yard Kennel Laboratory, scientific or research, Landscape screen Library Light load vehicle (LLV) Light manufacturing Living unit Lot Lot, corner, Lot coverage Lot line Lot line, front, Lot line, rear, Lot line, side, Lot of record Lot or building site Lot width Main building Manufactured home park Manufactured home subdivision Manufactured housing (HUD-code) Manufacturing processes Masonry and glass pane Masonry-type product Metal dealer, crafted precious, Metal dealer, secondhand, Microbrewery Microdistillery Mobile food unit Mobile food vendor Motel, motor hotel, or motor lodge Multifamily residence Museum or art gallery Nonconforming building or use Nonprofit animal shelter Nonresidential district Nursery school/kindergarten Occupancy Off-street parking incidental to main use Off-street parking space Office center Office, professional or general administrative, Office-showroom/warehouse Open space Open storage Park, playground, or recreation center (private) Park, playground, or recreation center (public) Parking lot or parking garage (automobile) Parking lot or parking garage (truck) Parking space Pawnshop Person with a disability Personal service shop Pet shop Plat Plumbing, heating, refrigeration, or air conditioning business Plumbing service Portable building sales Post office, government or private, Printshop Public or private franchised utility Quick oil change facility Quick tune-up facility Racetrack Racquetball facilities Radio, television, or microwave communications operations (amateur) Radio, television, or microwave communications operations (commercial) Radio, television, or microwave towers Railroad station Railroad team track and right-of-way Railroad track and right-of-way Registered family home Residence Residence hotel Residential district Restaurant or cafeteria, with drive-in or drive-through service, Restaurant or cafeteria, without drive-in or drive-through service, Retail stores and shops Retirement housing(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Room Sand, gravel, stone or earth sales School, commercial School, private (primary or secondary) School, public (primary or secondary) School, trade Scrap tire facility Screening device. Secondhand store, furniture or clothing, Self-storage, mini-warehouse Servant's, caretaker's, or guard's residence Service, retail, Service yard of governmental agency Setback Sexually oriented businesses:(1) a. b. (2) a. b. c. d. e. f. g. h. i. j. k. l. m. (3) a. b. c. d. e. (4) a. b. c. d. Shopping center Shops, office, and/or storage area of public or private utility Sign Site plan(1) (2) (3) (4) (5) (6) (7) (8) Solid waste transfer station Stable, commercial, Stable, private, Stadium or playfield, public, Storage or wholesale warehouse, heavy, Storage or wholesale warehouse, light, Story Street Street line Street, local or residential, Street, major, Street, secondary or collector, Structural alterations Structure. Swimming pool, commercial, Swimming pool, private, Tattoo parlor/body piercing studio(1) (2) Teen club Telephone exchange Tennis court, private, Theater, outdoor, Tobacco sales Townhouse or row dwelling Trailer rental Travel trailer, manufactured housing, display and sales, Travel trailer park Truck and bus leasing Truck and bus repair Truck or motor freight terminal Truck sales Two-family dwelling Usable open space Variance Vendor, stationary Washateria Wholesale Yard Yard, front, Yard, rear, Yard, side, Zero lot line house Zoning district map Zoning administrator
Definitions.
The following use descriptions, when used in this chapter, shall have the meanings ascribed to them in this section.
means property touching or adjoining another property. Property abutting upon a street shall also be deemed to abut property on the other side of the street.
is one which is customarily incidental to the principal building or principal use and:
Is subordinate to and serves a principal building or principal use;
Is subordinate in size, area, extent, or purpose to the principal building or principal use served;
Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and
Is located on the same lot as the principal use served.
means next to or closest to but shall not necessarily mean touching.
means a place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, V.T.C.A., Occupations Code chapter 1302.
means a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.
means a public space or street which affords only secondary means of access to property abutting thereon.
means an establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or practice areas, gymnasiums and indoor running or jogging tracks.
means an outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-kart tracks and carnivals.
means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. The term "antenna/microwave reflector" includes but is not limited to what is commonly referred to as satellite receive-only earth stations.
means the arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.
means a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.
means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.
means an establishment in which there are located six or more coin-operated skill or pleasure machines.
means the net area of the lot or site and shall not include portions of streets and alleys.
means an establishment that:
Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;
May provide assistance with or supervision of the administration of medication; and
May provide skilled nursing services for the following limited purposes:
Coordination of resident care with outside home and community support services agencies and other health care professionals;
Provision or delegation of personal care services and medication administration as described by this subdivision;
Assessment of residents to determine the care required; and
For periods of time as established by department rule, delivery of temporary skilled nursing treatment for a minor illness, injury, or emergency.
See Carwash.
means storage and leasing of automobiles, motorcycles, and light-load vehicles.
means the use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreational vehicles.
means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreation vehicles.
means buildings and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks, and trailers, to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.
means building and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks, or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sales area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.
means general repair or reconditioning of engines and air conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under the term "automobile repair, minor," and other similar uses.
means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems, and other similar minor services for light-load vehicles, but not including any operation named under the term "automobile repair, major," or any other similar use.
means a building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade; provided that, the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles, steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles which are inoperative or are being repaired to remain outside such service station for a period greater than seven days.
mean the storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution, or storage.
means any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of a dismounted or wrecked vehicle or its parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scrapping of any other goods, articles, or merchandise.
means a place for preparing, cooking, or baking of products primarily intended for off-premises distribution.
means a place for preparing, cooking, baking and selling of products on the premises.
means an establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.
means a place of training for practice of barbering, as defined in V.T.C.A., Occupations Code chapter 1603, Regulation of Barbering and Cosmetology, meeting standards established in such act.
means a place where barbering, as defined in V.T.C.A., Occupations Code chapter 1603, Regulation of Barbering and Cosmetology, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.
means a building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.
means a specialized place of training, as defined in V.T.C.A., Occupations Code chapter 1603, Regulation of Barbering and Cosmetology.
means a place where cosmetology, as defined in V.T.C.A., Occupations Code chapter 1603, Regulation of Barbering and Cosmetology, is practiced.
means a building, other than a hotel or multifamily dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms.
means an area enclosed by streets and occupied by or intended for buildings; where this word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.
means an establishment that:
Furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and
Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by V.T.C.A., Health and Safety Code section 247.002 to those persons.
means a manufacturing facility designed to place a product into a bottle for distribution.
means a pub or restaurant that also brews beer on the premises exclusively for on-site sales and consumption.
means the width of the building site left to be built upon after the required side yards are provided.
means any structure built for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.
means a building surrounded by yard or open space on the same building lot.
means those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building spacing regulations for multiple-family dwellings, the term "building end" means the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.
means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.
means a line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.
means a single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.
means a building in which is conducted the principal use of the lot on which it is situated.
means the sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical, and plumbing supplies all of which are oriented to the retail customer, rather than contractors or wholesale customers.
means the building inspector or other person charged with the enforcement of building codes in the city.
means any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
means establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment rental or leasing.
means an establishment used for the production, display, and sale of furniture and soft coverings for furniture.
means any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels, or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.
means a structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension.
means a facility or structure used to wash motorcycles, automobiles, and light-load vehicles.
means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
means an official certificate issued by the city indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.
means an establishment where four or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. (Also see Registered family home.)
means a building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises.
means a building or complex of buildings that houses municipal offices and services and which may include cultural, recreational, athletic, convention, and/or entertainment facilities owned and/or operated by a governmental agency.
means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents. (Also see Cleaning and dyeing, small plant or shop.)
means a custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. (Also see Cleaning and dyeing, dry cleaning plant.)
means a facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight.
means an institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.
means a building dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit, not to be a commercial, for-profit business.
means a building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.
means an establishment that is:
A community-based residential home operated by:
The state department of mental health and mental retardation;
A community center organized under V.T.C.A., Health and Safety Code chapter 534, subchapter A, that provides services to persons with disabilities;
An entity subject to the Texas Non-Profit Corporation Act (article 1396-1.01 et seq., Vernon's Texas Civil Statutes); or
An entity certified by the state department of human services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or
An assisted living facility licensed under V.T.C.A., Health and Safety Code chapter 247, provided that the exterior structure retains compatibility with the surrounding residential dwellings.
means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at the completion of construction and subject to same restrictions as a field office.
means touching or in contact.
means a retail establishment providing for the sale of food items, nonprescription drugs, small household items, and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.
means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.
means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent space.
means the percent of a lot or tract covered by the roof or first floor of a building.
includes such uses as tailor, shoe repair, barbershop/beauty shop, health studio, or travel consultant.
means the mean horizontal distance between the front and rear lot lines.
means a retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.
means a building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or bed and breakfast inn. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The term "dormitory" may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry; provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.
means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof. (Also see Two-family dwelling.)
means an attached residential building, not including a HUD-code manufactured home, which contains not more than one dwelling unit per lot of record.
means a detached residential structure, not including a HUD-code manufactured home, which contains not more than one dwelling unit per lot of record.
means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, except for buildings designed and used as hotels, bed and breakfast inns, and motels.
means a subsidiary station in which electric current is transformed.
means an area or space either outside or within a building for the display of topic-specific goods or information.
means an area where outdoor fairs, circuses, or exhibitions are held.
means an individual or group of two or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students, and servants living together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, and as a single housekeeping unit in a dwelling unit.
means an area of five acres or more which is used for growing of usual farm products and/or raising of usual farm products and animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise, or vibrations or be otherwise detrimental to the public welfare.
means an establishment for the selling of foodstuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.
means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted only by the city council. Upon due notice and hearing by and before the city council, any such permits granted may be revoked if the city council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
means a site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects or equipment in small quantities. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.
means an area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the city. The term "floodplain" is interchangeable with the term "flood hazard area."
means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages or porches.
means the ratio of total building floor area to lot area.
means an establishment displaying plants, flowers, floral supplies, and similar items.
means an establishment that displays and sells consumable goods that are not to be eaten on the premises.
means an organized group having a restricted membership and specific purpose related to the welfare of the members.
See Yard, front.
means the storage, maintenance, or rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners, and hair dryers.
means retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.
means a detached accessory building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.
means a location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.
means a freestanding, detached structure used for single-family residential purposes, built in accordance with standards set out in section 42-23.
means a facility at which natural gas flows are regulated and recorded.
means an establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis including but not limited to newspaper printing, laundry plant, or cleaning and dyeing plant.
means manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this article.
means retail stores which sell a number of lines of merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, and food. The stores included in this group are known as department stores, variety stores, general stores, and other similar stores.
means an area of 20 acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.
means a building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.
means a place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, including related storage of equipment for landscape contracting.
The gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level.
means living quarters within a detached accessory building located on the same premises with the principal residence for use by temporary guests of the occupants of the premises. A guesthouse shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean heavy load vehicle, unless specifically stated otherwise.
means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:
The highest point of the roof's surface if a flat surface;
The deck line of mansard roofs; or
The mean height level between eaves and edge for hip and gable roofs, and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet.
If the street grade has not been officially established, the average front yard grade shall be used for a base level. |
means a landing facility for rotary-wing aircraft which may include fueling or servicing facilities for such craft.
means an occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a residential dwelling, subject to compliance with each of the following conditions:
A home occupation may only be performed in a single-family residential dwelling.
No person other than members of a family who reside in the dwelling shall be engaged in such home occupation.
Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such home occupation shall never exceed 25 percent of the total of the floor area of the residential dwelling.
Not more than one non-illuminated sign advertising the home occupation shall be allowed; said sign shall be not more than one square foot in area and shall be mounted on the building in which the home occupation is being conducted.
The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
No exterior storage of material, equipment, and/or supplies used in conjunction with the home occupation shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.
No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.
The home occupation shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.
No stock, goods, wares, or merchandise shall be sold or kept for sale on the premises.
The only equipment to be used in the home occupation shall be that which is ordinarily used in a private home in a like amount and kind.
A home occupation shall not generate additional traffic as to create a traffic hazard or disturbance to nearby residents.
means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the state.
means an institution providing inpatient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease and which is licensed by the state.
means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with not more than two supervisory personnel as a single housekeeping unit.
means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; convalescing from illness; or rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with supervisory personnel.
means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
The term "industrialized housing" means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system.
The term "industrialized housing" shall not mean or apply to:
means a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" includes an automobile wrecking yard and automobile parts yard. The term "junkyard" includes secondary metal dealers. The term "junkyard" does not include such uses conducted entirely within an enclosed building.
means any lot or premises on which four or more dogs, cats, or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming, and/or bathing for which remuneration is received.
means facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.
means plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.
means any institution for the loan or display of books, tapes, 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.
means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight not greater than 11,000 pounds, and having no more than two axles, such as, pick-up trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.
means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
means a room occupied by a family which includes cooking facilities.
means a platted tract of land occupied or to be occupied by a building and its accessory buildings and having its principal frontage upon a public street or officially approved place.
means a lot that has frontage upon a side street in addition to a front street.
means the percentage of the total area of a lot occupied by the base (first story or floor) of a building located on the lot or the area determined as the maximum cross sectional area of the building.
means the lines bounding a lot as defined herein.
means that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.
means that boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.
means that boundary of a building lot which is not a front lot line or a rear lot line.
means any lot that is part of a subdivision the plat of which has been recorded in the office of the county clerk.
means land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.
means the width of a lot at the front building lines.
means the building on a lot which is occupied by the primary use.
means any tract of land under single ownership of not less than two acres and not more than ten acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the city relating to the location, use, construction, operation, or maintenance of manufactured housing.
means a tract of land of not less than ten acres which has been final platted of record in its entirety in accordance with the subdivision regulations of the city for occupancy primarily by HUD-code manufactured housing and industrialized housing.
means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. All references in this article to manufactured housing or manufactured homes shall be references to HUD-code manufactured housing, unless otherwise specified.
means uses restricted from other zoning districts but permitted in the M-1 and M-2 districts. Under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the property lines of the lot or tract upon which the uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent areas.
includes brick, stone, rock, concrete tilt wall, lath and stucco. The term "glass pane" shall include any glass product that is approved for exterior use and installed in accordance with the city building code. In order to qualify as a finished wall it shall have a minimum thickness of seven-eighths inch of masonry. The following materials and applications shall not be allowed as finished exterior wall:
includes cement board siding or other such masonry products approved for exterior use and installed under the specifications contained in the city building code. In order to qualify as a finished wall it shall have a minimum thickness of seven-eighths inch of masonry. The following materials and applications shall not be allowed as finished exterior wall:
means a place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or its alloys, excluding coins and commemorative medallions, under terms and conditions found in V.T.C.A., Occupations Code section 1956.051 et seq.
means a place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale, or transfer, under terms and conditions found in V.T.C.A., Occupations Code chapter 1956. (Also see Junkyard or salvage yard.)
means a brewery facility established to produce beers and ales in small quantities for sale to local and regional markets.
means a small distillery established to produce beverage grade alcohol in relatively small quantities for on-site retail sale and consumption and for sale to local and regional markets.
means a vehicle-mounted food establishment, designed to be readily moveable, typically constructed in a truck or trailer. Mobile food units may not be permanently parked in one location.
means any person who sells food products or takes food product orders from house to house or from place to place in the city, and who sells such food out of a vehicle, wagon, cart or other conveyance used in the transportation of such food on premises where there is no related business building.
means a building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. The term "motel," "motor hotel," or "motor lodge" may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.
means any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.
means an institution for the collection, display, and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, and which does not conform to the use regulations of the district in which it is located.
means a not-for-profit facility operated to provide a public service by removing unsupervised and potentially dangerous animals from the public domain and providing for the adoption or euthanizing of such animals. A nonprofit animal shelter shall not be considered a kennel.
means any zoning district included in this chapter in which nonresidential uses constitute the primary permitted use classification, including AG, C-1, C-2, M-1, M-2, CBD, and I.
means a child care facility offering a program four hours or less per day for children who have passed their second birthday but who are under seven years old.
means the use or intended use of the land or buildings by proprietors or tenants.
means off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.
means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See section 42-57(d) for detailed descriptions and regulations.)
means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.
means a room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations, and associations but excluding medical offices.
means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Also see Usable open space.
means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.
means a privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owners' association, or similar organization.
means an open recreation facility or park owned and operated by a public agency and available to the general public.
means an area for parking light-load vehicles.
means an area for parking heavy-load vehicles.
means a surfaced area enclosed in the main building or accessory building, or unenclosed, having an area of not less than 180 square feet, exclusive of driveways, used for parking a vehicle, not on a public street or alley, together with a surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.
means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).
means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:
means an establishment primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barbershops and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs.
means a retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.
means a complete and exact subdivision plan submitted to the city council which if approved shall be submitted to the county clerk.
means an establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning. (Also see Air conditioning and refrigeration contractor.)
means the operation of a business which involves only retail sales and off-premises service, installation, and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration, or air conditioning contractor or similar type wholesale operation.
means an establishment which displays and sells structures which are capable of being carried and transported to another location, not including manufactured housing.
means a local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
means an establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, platemaking, microform, type casting, presswork, and printmaking.
means a utility such as one distributing heat, chilled water, closed circuit television, or similar service and requiring a franchise to operate in the city. Such utility usually requires special facilities in residential areas or on public property such as heating, cooling, or communications.
means a business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.
means a business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PVC valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.
means a facility used for the racing of motor-driven vehicles and/or animals.
means courts housed in an acoustically treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery, and related uses up to a maximum of 40 percent of the total floor area.
means the transmission, retransmission, or reception of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain.
means the transmission, retransmission, or reception of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain.
means structures supporting antennas for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.
means any premises for the transient parking of trains and the loading and unloading of passengers.
means a facility/place for the loading and unloading of materials on trains.
includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.
means a child care facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed 12 at any given time. (Also see Child care center.)
means same as dwelling; when used with district, an area of residential regulations.
means a multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services, such as, linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting room, club house and recreational facilities intended for the use of residents and their guests are permitted. The term "residence hotel" shall not include other dwelling units as defined in this chapter.
means any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-1, SF-2, GH, MH-1, MH-2, MH-3, TF, and MF district classifications.
means an eating establishment where service is primarily to customers at tables and/or providing service of food or drink to customers in automobiles and/or providing facilities for the consumption of food in automobiles on or near the restaurant premises.
means an eating establishment where service is primarily to customers at tables and not providing service of food or drink to customers in automobiles or facilities for the consumption of food in automobiles on or near the restaurant premises.
means establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open, outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.
means a development providing dwelling units specifically designed for the needs of ambulatory retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:
Cafeteria and/or dining room.
Library.
Game room.
Swimming pool and/or jacuzzi.
Exercise room.
Arts and crafts facilities.
Greenhouse.
Housekeeping service.
Transportation service.
Snack bar with a maximum of 350 square feet per 100 dwelling units.
Beauty shop/barbershop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units.
Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, nonprescription drugs, small household items, and gifts.
means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.
means an establishment for the selling of sand, gravel, stone, earth or similar natural materials, for which the extraction process for such materials occurs off-premises.
means an establishment organized to offer instruction and training in a service or art such as secretarial school, art school, cake decorating, or flower arranging, but not including manual trade schools.
means an institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.
means an institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.
means an establishment organized to offer instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.
means a facility that stores, processes, conducts energy recovery, recycles, splits, shreds, or quarters used tires, scrap tires, or tire pieces for use or disposal as solid waste, recyclable materials, or inert fill materials. A scrap tire is a whole tire that can no longer be used for its original intended purpose. A whole used tire that can be used, reused or legally modified to be reused, for its original intended purpose is not a scrap tire. A tire piece is a particle of a scrap tire or scrap tire piece that has been split, quartered or shredded to a usable size such as two-inch minus, or other size required by an industry user or recycler.
See Landscape screen.
means an establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.
means a facility used only for storage of goods, materials, boats and operable vehicles with separate access to individual storage units or areas by persons renting the individual units or areas. This term shall not include storage of "junked vehicles."
means an accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person employed on the premises for not less than 50 percent of his actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed 600 square feet.
means an establishment engaged in the selling and/or servicing of goods where a minimum of 80 percent of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.
means an area for the servicing and storage of vehicles or other property of a governmental agency.
means the minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch, and the side street.
Means an adult arcade, adult bookstore, adult cabaret, adult motel, adult movie theater, adult novelty store, adult service establishment, adult theater, adult video store, escort agency, nude modeling studio, sex parlor, sexual encounter center, or other commercial enterprise, or any combination thereof:
A principal business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or
Whose employees or customers appear in a state of nudity.
The businesses listed above shall be defined as follows:
Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated, token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Adult bookstore.
A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration books, magazines, periodicals or other printed matters, or any combination thereof, which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities.
Adult motel.1. 2. 3.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other pornographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than ten hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
Adult movie theater.
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, or any combination thereof, are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.
Adult novelty store.1. 2.
A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, objects, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed or manufactured for use in connection with specified sexual activities. This does not include items used for birth control or for prevention of sexually transmitted diseases.
Adult service establishment.
A commercial establishment which offers services or sells products to customers and in which one or more of the employees or the customer appears in a state of nudity or simulated nudity.
Adult theater.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Adult video store.
A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, or any combination thereof, which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.
Escort agency.
A person who, as one of its principal business purposes, furnishes, offers to furnish, or advertises to furnish escorts, or any combination thereof, for a fee, tip, or other consideration.
Nude modeling studio.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
Sex parlor.
An establishment that is operated for the purpose of giving massages, at the establishment or on a home-call basis, that are intended to provide sexual stimulation or sexual gratification in combination with a massage.
Sexual encounter center.
A business or commercial enterprise that offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity or simulated nudity.
Definitions of terms used in subsection (1) of this definition shall be as follows:
Principal
means over 35 percent of either customers, volume of sales, stock in trade, display areas, or presentation time, or any combination thereof in any three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object.
Simulated nudity
means a state of dress in which any device or covering is worn and exposed to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the female breast.
Specified anatomical areas
means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola.
Specified sexual activity
means:
The following activities are exempted from the definition of a sexually oriented business:
Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions;
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;
Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or
Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university.
means a group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.
means the pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.
means any identification, description, illustration, or device illuminated or non-illuminated which is visible to the general public and directs attention to a project, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or facsimile, or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify or convey information.
means a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:
Property lines, location and widths of all streets, alleys, and easements.
Proper dimensions on all fundamental features such as lots, buildings, parking spaces, and landscaped areas.
The location of setback lines, driveway openings, and sidewalks.
All proposed buildings, freestanding sign locations, parking areas and open spaces.
All required landscaping, together with a description of type of material to be used.
A cross-section of any required or proposed screening.
Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.
Name, address and telephone number of the proponent.
means a facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.
means a structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction, or similar trading activity.
means an accessory building set back from adjacent property lines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per one and one-half acre area of a farm or lot.
means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.
means a building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.
means a building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.
means the height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.
means a way for vehicular traffic and other public uses, whether designated a street, highway, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.
means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.
means those streets that are used primarily for access to abutting properties.
means streets used primarily for fast or heavy traffic as designated in the thoroughfare plan.
means those streets which carry traffic from minor streets to major system of arterial streets and highways, including the principal entrance streets of a residential development or business park and those streets for circulation within such a development as designated on the thoroughfare plan.
means any change in the supporting member of a building, such as a bearing wall, column, beams, or girders.
Same as "building."
means a swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.
means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or multifamily dwelling and located within the required rear or permitted side yards.
means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any 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;
Creating of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
shall include teen night clubs, teen dance clubs or any entertainment establishment where the intended occupancy is in excess of 70 percent minors between 13 and 19 years of age unaccompanied by an adult parent or guardian.
means a switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.
means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas, except as may be otherwise provided or restricted by the specific use permit.
means an open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.
means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the sale of tobacco products.
means one of a series of not less than three nor more than ten attached one-family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.
means the display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.
means the offering for sale or display of travel trailers or manufactured housing, on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis. This use shall also allow the sale or display of major recreational vehicles, boat trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles, but excluding pick-up shells not designed or used for camping purposes), motorized dwellings, tent trailers, house trailers, and utility trailers.
means any tract of land under single ownership, two acres or more, where accommodation is provided for travel trailer use.
means the rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done.
means an establishment providing major and minor automobile repair services to heavy load vehicles.
means a building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.
means buildings and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.
means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.
means an open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. The term "usable open space" shall not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or right-of-way or easement for streets or alleys.
means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
means a vendor who sets up a temporary building, vehicle, trailer, or other mobile unit on private property to engage in the sale of food items, merchandise or services.
means a building or place where clothes and linens are washed and thoroughly dried by the use of not exceeding three employees and four automatic single-family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless.
means the sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.
means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhangs and similar special architectural features and plant material.
means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.
means an open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line.
means an open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.
means a residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.
means the official certified map upon which the boundaries of the various zoning districts are drawn.
means the official designated by the city manager to administer and enforce this chapter, or his designee.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015; Ordinance adopting 2024 Code)
§ 42-10 Classification of new and unlisted uses.
(a)
Classification of new and unlisted uses.
It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the city. The zoning administrator shall review any request for approval of a use that is not specifically listed as a permitted use in any zoning district. If in the determination of the zoning administrator the use is substantially similar in nature and impact to a listed use, the zoning administrator may make a determination, under his authority to render interpretations of the provisions of this chapter, of the district or districts where such use is appropriate to locate. The determination of the zoning administrator is subject to review by the board of adjustment in accordance with the provisions of section 42-95.
(b)
Determination of classification by planning and zoning commission.
If the zoning administrator determines that such new or unlisted use is not substantially similar in nature and impact to a listed use, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1)
The zoning administrator shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting 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, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated, and the general requirements for public utilities such as water and sanitary sewer. Notice of the request for interpretation shall be given in the manner provided for zoning text amendments in order for the ultimate determination of classification to be considered as a text amendment.
(2)
The planning and zoning commission shall consider the nature and described 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.
(3)
The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may, by ordinance, approve the recommendation of the commission or make such determination concerning the classification of such use as is determined appropriate.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)