For the purpose of this ordinance, the following definitions shall apply:
ABANDONED:When a building, lot, or structure has become vacant or out of use for a continuous period as specified in this ordinance, or when the intention of the owner to permanently discontinue occupancy of the premises is apparent.
ABUTTING, ADJACENT, ADJOINING:Contiguous or sharing a common border or boundary with other property. Abutting, adjacent, and adjoining shall include property immediately across an alley, but shall not include property across a street.
ACCESSORY BUILDING:A subordinate building, excluding garages, having a use customarily incidental to the main structure. A structure housing an accessory use is considered part of the main structure and not an accessory building when it has any part of a wall in common with the main structure or is under an extension of the main roof and designed as part of the main structure.
ACCESSORY DWELLING:A single-family dwelling ancillary to the primary commercial use of the property that is attached to the structure housing the primary business.
ACCESSORY USE:A land use subordinate to and customarily incidental to the primary use of the main structure or the premises.
ADMINISTRATIVE OR RESEARCH FACILITIES:A facility used for the management of an enterprise or research and development activities such as improving technologies, developing products and scientific research.
AGRICULTURAL ACTIVITY:Land used exclusively as a bonafide agricultural operation by the owner or tenant. The use of land for agricultural purposes including farming, horticulture, animal and poultry husbandry, and the necessary accessory uses, provided that the operation of the accessory use is clearly incidental to the agricultural activity. An accessory use shall include incidental sales by the producer of products raised on the farm.
ALLEY:A minor way which is used primarily for vehicular service access to the back or side of properties also abutting on a street.
ANTENNA:Any apparatus external to or attached to the exterior of a structure, together with any supporting structure for sending or receiving electromagnetic waves.
AREA OF THE LOT:That net portion of the lot which does not include portions of streets or alleys.
ASSISTED LIVING CENTER:A quasi-residential facility where room, board, and personal care services are provided within a structure containing multiple living quarters for seven (7) or more elderly persons who are not related to the owner. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance, or administration of medication by a person licensed to administer medication, as defined by the Personal Care Facility Licensing Act, Section 247.002, Texas Health and Safety Code, V.T.C.A.
AUTOMOTIVE WRECKING AND SALVAGE YARD:A business that stores three (3) or more wrecked vehicles outdoors for the purpose of selling the vehicles whole; or dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business.
BAKERY:A place for baking or selling baked goods.
BAR:An establishment where 51% or more of the revenues are from the sale of alcoholic beverages.
BARN (OR STABLE):An accessory building having an agricultural or livestock use incidental to the main structure.
BASEMENT:A building story which is partly underground, but having at least one-half (1/2) of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
BASIC UTILITIES:Infrastructure services and the structures necessary to provide those services including electricity, natural gas, telephone, telecommunications, water, or sewer.
BLOCK:An area enclosed by streets, or if said word is used as a term of measurement, it shall mean the distance along a side of a street between two (2) intersecting streets, or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead-end street. In cases where platting is incomplete or disconnected, the Zoning Administrator shall determine the outline of the block.
BOARDING HOUSE:A building where lodging and meals for five (5) or more persons are served for compensation.
BREEZEWAY:A covered passage six (6) feet or more in length connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.
BROADCASTING OR PRODUCTION STUDIOS:A structure designed for making and transmitting programs for radio or television or for the production/editing of films, videos, commercials, etc.
BUILDABLE AREA:That portion of a building site, exclusive of the required yards, on which a structure or building improvement may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on the site plan.
BUILDING:Any permanent structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including manufactured homes.
BUILDING:Any structure built for the support, shelter, and/or enclosure of persons, animals, possessions, or movable property of any kind.
BUILDING LINE:A line established beyond which no part of a building shall project, except as otherwise provided in this Chapter.
BUILDING PERMIT:A document signed by the Building Official or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or portion of a structure or building, which acknowledges that such use or building complies with the provisions of this Chapter or an authorized variance or Specific Use Permit there from.
BUILDING SETBACK:The minimum horizontal distance between the front property line and the front wall of any projection of the structure, excluding steps and unenclosed porches.
BUSINESS:Includes retail, commercial, industrial, and manufacturing uses and zoning districts.
CARPORT:A partially enclosed structure used for the housing of motor vehicles, the property of, and for use only by the occupants of the lot upon which such structure is located. For purposes of zoning, a carport attached to a principal structure shall be regarded as part of that principal structure and not as an accessory structure. A detached carport shall be classified as an accessory structure.
CELLAR:A building story with more than one-half (1/2) of its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
CERTIFICATE OF OCCUPANCY:Certificate issued by the Building Official for the use of a building, structure or land, when it is determined by the Building Official that the building, structure or proposed land use complies with the provisions of all applicable Codes of the City of Azle.
CHURCH:A place of public worship and religious training including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel.
CLINIC:Offices for one or more physicians, or other health care personnel, engaged in treating the sick or injured, but not including rooms with hospital beds for overnight care.
COLLEGE OR UNIVERSITY:An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees[.]
COMMERCIAL PARKING LOTS:An area devoted to the standing, maneuvering, and circulation of motor vehicles in commercial areas.
COMMUNITY HOME:A home as defined in Chapter 123 of the Texas Human Resources Code.
COMMUNITY HOME FOR DISABLED PERSONS:A community-based residential home containing not more than six (6) disabled persons with two (2) supervisory personnel which meets the requirements of the Community Homes for the Disabled Persons Location Act, Tex. Hum. Res. Code Chapter 123.001, et seq. (Vernon 1990), as amended.
COMMUNITY SERVICE:A structure or group of structures for a community’s governmental, social, educational, and/or recreational activities. Community Service facilities include federal, state, county, and local government activities.
COMPREHENSIVE PLAN:The Comprehensive Plan of the city as adopted by the City Council. The Comprehensive Plan shall consist of a Land Use Plan, a Thoroughfare Plan, a Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Park System Plan, and such other plans as may be adopted from time-to-time by the City Council.
CONSTRUCTION MATERIALS SALES:A business involved in the sale of structure supplies and services including lumber, plywood, drywall, siding, windows, molding, cabinets, insulation, etc.
DAY-CARE, ADULT:A facility that provides services under an Adult Day-Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.
DAY-CARE, CHILD:Means an establishment licensed by the state that provides care, protection and supervision for four or more children for periods of less than 24 hours per day on a regular basis for a fee or other compensation. This classification shall not include overnight lodging, medical treatment, counseling, and/or rehabilitative services and does not apply to any public school.
DISH ANTENNA:Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial and/or orbital based uses.
DISTRICT, ZONING:A section of the city for which the regulations governing the use and development of properties are uniform for each type and class of structure.
DISTURBED AREA:An area of land subjected to erosion due to the removal of vegetative cover and/or earthmoving activities, including but not limited to filling.
DWELLING, ATTACHED:A building attached to another building by a common wall, such wall being a solid wall with or without windows and doors and a common roof.
DWELLING, DETACHED:A dwelling which is designed to be and is substantially separate from any other structure or structures except accessory buildings without a common roof.
DWELLING, DUPLEX:A structure that contains two (2) attached dwellings that are separated by a fire-rated wall.
DWELLING, HUD-CODE MANUFACTURED HOME: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 (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is four hundred (400) 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. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
DWELLING UNIT:A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping.
EASEMENT:A grant of the right to use a strip of land for specific purposes.
ELDERLY HOUSING:A structure licensed by the Texas Department of Aging and Disability, eighty (80) percent of whose occupants are fifty-five (55) years of age and older, and that; meets the definition of one (1) of the three (3) uses listed below:
B. Elderly Housing, Congregate Care Facility:A facility for long-term residence generally for persons fifty-five (55) years of age or older, and which shall include, without limitation, common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two (2) of the following: meals services, transportation, housekeeping, linen, and organized social activities.
C. Elderly Housing, Life Care Housing and Services:A residential complex, which may contain multifamily dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities will include one of the following: A congregate meals program in a common dining area, assisted living housing, nursing home facilities, congregate care facilities, or medical facilities.
EQUESTRIAN FACILITIES:A structure or area for horseback riding activities including boarding, training, lessons, and shows.
EXTRATERRITORIAL JURISDICTION:The unincorporated area outside of and contiguous to the corporate boundaries of the City as defined and established in accordance with Chapter 42 of the Texas Local Government Code.
FABRICATING:The process of assembling using standardized parts.
FAMILY:One or more persons who are related by blood or marriage, living together, and occupying a single housekeeping unit or a group of not more than five (5) persons living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a nonprofit, cost-sharing basis.
FEEDLOT:A lot, corral, yard, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. The term shall not include areas which are used for raising crops or other vegetation or upon which livestock are allowed to graze, nor shall it allow the slaughter of said animals and livestock on premises.
FESTIVAL, CARNIVAL, OR FAIR:A temporary public or commercial gathering where entertainment, food, crafts, amusement rides, games of chance, and the like are offered to the public for viewing or sale.
FIELD OR CONSTRUCTION OFFICE:A temporary modular building located at a construction site which serves only as an office until the given construction work is completed.
FLOOR AREA:The total (net) usable square footage of floor space within the interior wall of a structure or room, including each floor level, but excluding cellars, mechanical rooms, attics, carports, or garages that are not designed for residential or business occupancy.
FLOOR AREA RATIO (FAR):The ratio between the total square feet of floor area in a structure and the total square feet of land in the lot or tract on which the structure is located.
FOOD PROCESSING FACILITIES:Industrial operations in which raw food is made suitable for consumption, cooking or storage. Such facilities include commercial slaughterhouses for poultry, livestock, or other animals, hog farms, and egg farms.
FOOD TRUCK PARK:A property used or designed to accommodate one or more food trucks to offer food and/or beverages for sale to the public as the primary use of the property. Food Truck Parks must have a valid Certificate of Occupancy, in addition to all other applicable permits and inspections.
FREE STANDING EMERGENCY MEDICAL CARE FACILITY/URGENT CARE FACILITY:is a facility operating 24 hours a day, seven days a week, that is structurally separate and distinct from a hospital and which receives an individual and provides emergency care. Emergency care is defined as health care services provided in a freestanding emergency care facility to evaluate and stabilize a medical condition of a recent onset and severity, including severe pain, psychiatric disturbances, or symptoms of substance abuse, that would lead a prudent layperson possessing an average knowledge of medicine and health to believe that the person’s condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in:
A. Placing the person’s health in serious jeopardy
B. Serious impairment to bodily functions
C. Serious dysfunction of a bodily organ or part
E. Or in the case of a pregnant woman, serious jeopardy to the health of the woman or fetus
GAMES OF CHANCE:Any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill.
GAMES OF SKILL:Any other electronic, electromechanical, or mechanical contrivance not deemed as a game of chance.
GARAGE, ATTACHED:A building designed primarily for storage of motor vehicles which shares a common wall with the main structure or is attached to the main structure by a breezeway.
GARAGE, DETACHED:A free standing building of similar construction and architecturally compatible with the main structure and designed primarily for storage of motor vehicles.
GARAGE PRIVATE PARKING:An accessory building, portion of a main building, or building attached thereto, used for the storage of private motor vehicles.
GARAGE, PUBLIC:A building or portion designed or used for the storage, sale, care, or repair of motor vehicles operated for commercial business purposes.
GRADE:The average elevation or level of the finished surface of the ground adjacent to the exterior wall of the structure.
GROSS FLOOR AREA:Measured as the outside dimension of the structure at each floor level, excluding the floor area of basements or attics not used for occupancy.
GROUP HOME:A profit or nonprofit facility, home, or structure for the protective care of persons, both adult and adolescent, who need a watchful environment, but do not have an illness, injury, or disability which requires chronic or convalescent care, including medical and nursing services. Protective care and watchful oversight includes, but is not limited to, a daily awareness by management of the residents’ whereabouts, the asking and reminding of residents of their appointments for medical checkups, the ability and readiness of management to intervene if a crisis arises for a resident, and supervision by management in areas of nutrition, medication, and actual provision of transient medical care, with a twenty-four (24)-hour responsibility for the well-being of residents of the facility.
GROUP HOMES FOR DISABLED PERSONS:A shared residential living arrangement which provides a family-type environment for six (6) or more handicapped persons supervised by one or more primary caregivers and has obtained a license to operate under the Personal Care Facilities Licensing Act. Tex. Health & Safety Code Sec. 247.001 et.seq. A Group Home for Disabled Persons does not include Community Homes for Disabled Persons.
HEAVY MANUFACTURING:Industrial operations for the production of a good using raw materials and mechanical power and machinery.
HEIGHT:The vertical distance measured from the average finish ground level within five (5) feet of the building, to the highest point of the building. In measuring the height of the building, the following structures shall be excluded: chimneys, cooling tower, radio antennas, ornamental cupolas or spires, elevator bulk heads, tanks, water towers, and parapet walls (not exceeding four (4) feet in height). In measuring the height of a building having a roof inclining more than one inch (1) per foot the highest point of the building shall be the mean height level of the top of the main plates and highest ridge.
HOME OCCUPATION:Any occupation that does not involve a structural change in the building nor requires the employment of help or displaying a sign and shall not include beauty schools or parlors or doctors’ offices. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling.
HOSPITAL:An establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis; or a nursing home (see definition).
HOTEL OR MOTEL:A facility offering transient lodging accommodations to the general public at a daily rate for a period of time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
IMPERVIOUS SURFACE:A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
INDOOR AMUSEMENT:A facility providing game equipment for entertainment and amusement as a source of income. Games contained in the facility may include coin operated machines utilizing balls, pins, and baskets, video equipment, and pin balls. Other equipment may include skill games such as pool, billiards, shuffleboard, darts, and batting cages. Any combination of these games may be used in the facility. However, the combination of one (1) or more games of chance and/or three (3) or more games of skill shall constitute an amusement center.
INDOOR RECREATION:Indoor commercial uses which by their nature are recreational. Examples include bowling alleys, skating rinks, health clubs, racquetball or squash courts, indoor swimming pools, video arcades, pool halls, shooting range, etc.
JUNKYARD:A business that stores, buys, or sells materials that have been discarded or sold at a nominal price by a previous owner and that keeps all or part of the materials outdoors until disposing of them.
KENNEL:Any shelter where dogs or cats are bred, boarded, or held in return for payment. It includes the term “boarding kennel”. Please refer to Chapter
2, Article 2.10 [Article
2.02, division 2] of the City of Azle Code of Ordinances for additional requirements and/or restrictions.
KINDERGARTEN:A school for children of pre-public school age in which constructive endeavors, object lessons, and helpful games are prominent features of the curriculum.
LAUNDRY FACILITIES:A commercial laundering establishment which cleans clothing, carpeting, drapes, and other cloth or synthetic fiber materials using a chemical process. Such establishments may also include self-service laundering facilities.
LIGHT MANUFACTURING:Industrial operations relying on the assembly of products using parts previously developed from raw material and not classified as a point source of objectionable pollutants.
LIVESTOCK:Facilities for the raising, breeding, or maintenance of domestic animals including, but not limited to cattle, horses, sheep, swine, goats, and poultry. This definition does not include feed lots or similar uses.
LOADING SPACE, OFF-STREET:Space logically and conveniently located for bulk pickups and deliveries, and scaled to delivery vehicles expected to be used.
LOT:A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required, and having frontage on an approved public or private street. A lot may consist of a parcel of land designated as a lot on a plat filed in the County Plat Records.
LOT AREA:The area of a lot within the lot lines, expressed in square feet or acreage, including easements, and not including portions of any public street or alley.
LOT COVERAGE:The percentage of the total area of a lot occupied by the base (first story floor) of structure located on the lot.
LOT DEPTH:The mean horizontal distance from the front lot line to the rear lot line.
LOT FRONTAGE:The side of a lot which is adjacent to a street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front yards, and yards shall be provided as indicated under YARD in this section.
LOT LINE, REAR:The boundary line which is opposite and most distant from the front street line.
LOT LINE, SIDE:Any lot boundary not a front or rear line. A side lot line may be a party lot line, a line bordering on an alley, or side street line.
LOT LINES:The lines bounding a lot as defined herein.
LOT WIDTH:The horizontal distance between side lot lines, measured at the front building line, as established by the minimum front yard requirement of this ordinance.
LOT, CORNER:A lot abutting two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension.
LOT, REVERSED FRONTAGE:A lot which has setback lines on both streets equal to the front setback line as required by this ordinance unless such lots align back-to-back which would allow both lots to show a side yard setback along the side street.
MAJOR EVENT ENTERTAINMENT:A structure or area with a capacity of greater than one thousand (1,000) seats for public performances and sporting events. Major event entertainment facilities include concert halls, stadiums, and arenas.
MEDICAL CENTER:A walk-in facility for medical, obstetrical, or surgical care limited to day use only.
MINI-WAREHOUSE OR SELF-STORAGE FACILITY:A totally enclosed facility involving one (1) or more buildings that contain individual, compartmentalized, and controlled access stalls or lockers of varying sizes not to exceed six hundred (600) square feet inside, designed and used for the purpose of individual storage spaces for tenants for the sole purpose of the dead storage of the tenants’ goods, wares, or personal property. No retail, wholesale, manufacturing, fabrication, service, repair, office, transfer/storage business, or other business will be allowed. Additionally, the operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or similar equipment shall not be allowed. The storage of hazardous or flammable materials as designed by the Fire Marshal is expressly prohibited.
MOBILE HOME:A structure that was constructed before June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (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.
NONCONFORMING USE OR STRUCTURE:Any structure or use of land lawful at the time of passage or amendment of this Chapter which does not conform, after the passage or amendment of this Chapter, with the regulations of the district in which it is located.
OCCUPANCY PERMIT:An official certificate issued by the city which indicates conformance with building, zoning, and health and safety regulations and authorizes legal use and occupancy of the premises for which it is issued.
OPEN SPACE:The 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 projection of cornices, eaves, or porches. Parking space is not considered open space.
OUTDOOR RECREATION:Outdoor commercial uses which by their nature are recreational such as golf courses, outdoor swimming pools, tennis courts, and basketball courts.
OUTDOOR STORAGE:The storage of any equipment, machinery, commodities, raw or semi finished materials, and building materials which are not within a fully enclosed building.
PARK OR RECREATION, PRIVATE:A noncommercial, not for profit facility designed to serve the open space and recreation needs of the residents of a development.
PARK OR RECREATION, PUBLIC:The real property and improvements thereon owned, operated, or maintained by the City, university, or other public entity, which are designed or used for recreational purposes and are available to the general public. The recreational purposes includes, but is not limited to public swimming pools, golf courses, tennis courts, stadiums, and recreational centers.
PARKING AREA:An open, unoccupied space exclusively for the parking of vehicles.
PARKING LOT:An off-street, all weather paved open surface area used exclusively for the parking of motor vehicles for less than a twenty-four (24) hour period.
PARKING SPACE:An unobstructed area for the storage of cars which meets the requirements of this ordinance.
PERMITTED USES:Any use allowed in a zoning district without additional approval and subject to the restrictions applicable to a particular zoning district.
PERSON:Any corporation, partnership, association, or other artificial entity; or any individual; or any agent or employee of the foregoing.
PLANNING AND ZONING COMMISSION:The agency appointed by the City Council as an advisory body to it, and which is authorized to recommend to the City Council changes in zoning boundaries and the text of this ordinance.
PLAT:A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city. The plat must be prepared by a professional civil engineer registered in the State of Texas or a Public Surveyor registered in the State of Texas. Reference to a plat in this ordinance means an official plat of record which has been approved by the Planning and Zoning Commission and filed in the plat records of Tarrant or Parker County.
PREMISES:Land together with any structures occupying it.
PRINTING/PUBLISHING:An establishment where printed material is produced, reproduced and/or copied by either a printing press, photographic reproduction techniques, or other similar techniques. This use does not include copy shops.
PRIVATE CLUB:A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession, or serving of any alcoholic beverage permitted by the law of the State of Texas and where none of such facilities are available except to a member or their guests.
PROFESSIONAL SERVICES AND OFFICES:Offices used for the conduct of business-related activities, excluding the sale of merchandise or storing of merchandise on the premises.
QUICK VEHICLE SERVICING:A business providing service to the motoring public. Such uses can include gasoline sales, light repair, tune-ups, oil changes, transmission or drive train repairs to automobiles or light trucks. No outside storage of any automobiles or materials such as tires, auto parts, etc., is allowable. The sale of motor vehicles shall be prohibited[.]
RECREATIONAL VEHICLE:A motorized vehicle, designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks.
RECREATIONAL VEHICLE PARK:A parcel of land which is used solely for the rental or lease of lots for transient campers, trailers, motor homes, or temporary parking of any other recreational vehicle that is not a mobile home or HUD-code manufactured home.
RECYCLING BUSINESS:A business that is primarily engaged in:
A. Converting ferrous or nonferrous metals or other materials into raw material products having prepared grades and having an existing or potential economic value;
B. Using raw material products of that kind in the production of new products; or
C. Obtaining or storing ferrous or nonferrous metals or other materials for a purpose described by Paragraph A or B.
RESIDENCE:A building occupied as the abiding place of one (1) or more persons which contains sleeping quarters, all appliances for cooking, ventilating, heating or lighting, and which shall be the principal building on any lot in residential zoning districts.
RESTAURANT:A structure that prepares and serves food to customers, including sit down, fast food, drive-through, and drive-in facilities.
RETAIL SALES AND SERVICE:A business established for the sale of goods or services to consumers, usually in small quantities (as opposed to wholesale) and does not include wholesale goods or services.
ROOM: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.
SALVAGE YARD:Any lot or parcel of land on which wastes or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials include but are not limited to: scrap iron and other ferrous metals, paper; rags, rubber tires, bottles, discarded goods, machinery, or two (2) or more inoperable motor vehicles.
SANITARY LANDFILLS:A system of trash and garbage disposal in which the waste is buried between layers of earth.
SEXUALLY ORIENTED BUSINESS:Means:
A. An adult arcade, adult bookstore, adult video store, adult novelty store, adult service establishment, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business, sex parlor, or sexual encounter center, and/or
B. Any establishment whose principal or primary business 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, semi-nudity, or simulated nudity.
C. The term “sexually oriented business” shall not be construed to include:
1. Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, licensed athletic trainers in the practice of their professions;
2. Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;
3. Any retail establishment whose principal or primary business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or
4. Any activity conducted or sponsored by any Texas Independent School District, licensed or accredited private school, or public or private college or university.
Please refer to Chapter 4, Article 4.1100 [article 4.10] of the City of Azle Code of Ordinances for additional requirements and/or restrictions. |
SEXUALLY ORIENTED BUSINESS- ADULT ARCADE:Any place to which the public is permitted or invited wherein coin-operated or slug-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 (5) 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, describing or relating to “specified sexual activities” or “specified anatomical areas.”
SEXUALLY ORIENTED BUSINESS - ADULT BOOKSTORE/ADULT VIDEO STORE:A. 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:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
B. For the purpose of this definition, a commercial establishment shall be considered to have as “one of its principal business purposes” the sale or rental of the materials described in subsection
(A) above, if:
1. The establishment makes use of a sign visible from any public street, whether located on or off the property of the establishment, advertising the availability at the establishment of any materials described in subsection (A);
2. The establishment devotes more than thirty (30) percent of its total floor area which is open to the public to the display of items for sale or rental that are materials described in subsection (A);
3. More than thirty (30) percent of the total number of items displayed for sale or rental by the establishment are materials described in subsection (A); or
4. The establishment regularly maintains on the property for sale or rental materials described in subsection (A) whole total retail value is more than fifty (50) percent of the total retail value of all materials kept on the premises for sale or rental.
SEXUALLY ORIENTED BUSINESS - ADULT CABARET:A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity; or
B. Live performances which are distinguished or characterized by an emphasis on “specified sexual activities” or the exposure of “specified anatomical areas”; or
C. Films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
SEXUALLY ORIENTED BUSINESS - ADULT MOTEL:A hotel, motel, or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “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
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
SEXUALLY ORIENTED BUSINESS - ADULT MOTION PICTURE THEATER:A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
SEXUALLY ORIENTED BUSINESS - 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 distinguished or characterized by an emphasis on “specified sexual activities” or the exposure of “specified anatomical areas.”
SMOKE SHOP AND TOBACCO STORE:Any retail establishment that is dedicated, in whole or in part, to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia, electronic vaping devices or other similar substances; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this section.
SPECIFIC USE PERMIT:A permit recommended by the Planning and Zoning Commission and authorized by the City Council for the use of land or structures in accordance to the provisions of this ordinance.
STREET:A public way between two (2) right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the city for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.
STORY:That part of a structure included between the surface of one (1) floor and the surface of the floor next above, or if there is no floor above, the part of the structure which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the adjoining ground level. The standard height for a story is eleven (11) feet, six (6) inches.
STRUCTURAL ALTERATIONS:Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders, or any substantial changes in the roof or exterior walls excepting such repair or replacement as may be required for the safety of the structure, but not including openings in bearing walls as permitted by the city building code.
STRUCTURE:Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, walls, fences, and poster panels.
TRACT:An un-platted parcel of land described by metes and bounds and typically recorded in the County Deed Records.
VARIANCE:A modification or variation of the provisions of this ordinance, which may be approved by the Zoning Board of Adjustment as to a specific piece of property, in accordance with this ordinance.
VEHICLE:Every mechanical device in, upon, or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human power or used exclusively upon stationary rails or tracks.
VEHICLE STORAGE FACILITY:A garage, parking lot, or any type of facility used for the storing or parking of vehicles. The storing or selling of vehicle parts, the removal of vehicle parts from stored vehicles, and the repair or reconstruction of vehicles is prohibited. A vehicle storage facility does not include an “automobile graveyard” as defined in Section 391.001, Texas Transportation Code.
WHOLESALE NURSERIES:An area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale in large quantities for resale purposes. The business may have up to fifty (50) percent retail sales in conjunction with the wholesale sales[.]
WIND GENERATOR:Is a machine that, powered by the energy of the wind, to power an electrical generator for making electricity.
WINERY:Winery means a facility used for the manufacturing, bottling, labeling and packaging of wine and if necessary, may include the manufacturing and importation of grape brandy for fortifying purposes only. A winery may include the following accessory uses: a vineyard for the growing, cultivation or planting of grapes or other fruits, a tasting room to dispense wine for on-premises consumption, meeting or banquet facilities, restaurants, retail gift shops and retail sales area of wine for off-premises consumption.
WRECKER SERVICE:A wrecker or tow truck operator registered as such with the State of Texas.
YARD:An open space at grade between a structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except driveways and sidewalks and as otherwise provided.
YARD, FRONT:An open, unoccupied landscaped space on a lot facing a street between a building and a street line.
YARD, LAKE:A yard on a lot in a Lake Front Overlay District which is located between the structure and the property line which abuts the lake.
YARD, REAR:A yard between the rear lot line and the rear line of the main structure and the side lot lines.
YARD, SIDE:A yard between the structure and the side line of the lot and extending from the front yard to the required minimum rear yard.
ZONING ADMINISTRATOR:The administrator or the designee, appointed by the City Manager, to enforce and administer the terms of this ordinance. The individual whose decisions and interpretations may be appealed to the Zoning Board of Adjustment.
(
Ordinance 2013-09, ex. A, adopted 5/7/13;
Ordinance 2024-5 adopted 3/4/2024;
Ordinance 2024-11 adopted 4/2/2024;
Ordinance 2024-25 adopted 11/19/2024)