This ordinance supersedes prior zoning regulations in its entirety. The provisions of these regulations including all appendices shall apply to all land, property and development in the Town of Bartonville, except as expressly and specifically provided otherwise in this Ordinance. No development shall be undertaken without prior authorization pursuant to these regulations.

All land and property owned by the Town of Bartonville shall be expressly exempt from these regulations.

These zoning regulations and the zoning map adopted herewith are intended to implement the goals and policies of the Town of Bartonville Comprehensive Plan and are hereby deemed to be consistent with and in accordance with the adopted Comprehensive Plan for the Town. Any amendments to such regulations and all applications for a change to the zoning map shall be consistent with the Comprehensive Plan, as may be amended from time to time.

An amendment to the text of the zoning ordinance is consistent with and in accordance with the Comprehensive Plan if it complies with the goals and policies stated in the plan, as may be amended from time to time. An amendment to the zoning map is consistent with the Comprehensive Plan if the map amendment is consistent with the land use diagram contained in the plan, as may be amended from time to time.

Residential development applications for land subject to a final plat that was approved prior to the effective date of this ordinance, or that was filed prior to such date and is subsequently approved.

Development applications for land subject to a site plan that was approved pursuant to Chapter 3 of this Ordinance, as amended, prior to the effective date of this ordinance, or that was filed prior to such date and is subsequently approved.

Any request for an amendment of an approved preliminary plat or site plan otherwise exempted under this section shall be considered a new application and all requirements of this zoning ordinance shall be applicable to such request.

For purposes of design review, any exemption conferred by Appendix A Section A.4 of this ordinance.

It is the intent of the Town of Bartonville to adopt these entire zoning regulations as a legal unit as a part of the Comprehensive Plan for the Town. Any words which appear to be precatory in nature are to be interpreted as though they were positive and conclusive.

Should any section, subsection, paragraph, sentence, clause, or phrase of these regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these regulations.

The Town Council may from time to time establish by resolution design criteria, which are intended to facilitate administration of these zoning regulations. Such guidelines shall serve as illustrations of methods and techniques of implementing standards contained in the zoning regulations, but shall not be the exclusive means of achieving such standards. In the event of any conflict between a standard contained in the zoning regulations and a design guideline, the standard in the zoning ordinance shall control.

Preserving Rights in Pending Litigation and Violations Under Existing Ordinances

The provisions of this Ordinance and all appendices shall be held to [be] the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this Ordinance shall govern.

Intent of Provisions:

Nonconforming Status:

Continuing Lawful Use of Land and Structures:

Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structure or Land:

Changing Nonconforming Uses:

Expansion of Nonconforming Uses and Structures:

Reconstruction or Repair of Nonconforming Structure:

Moving of Nonconforming Structure:

Nonconforming Lots:

Right to Proceed Reserved:

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the Town of Bartonville, and which are directly attributable to a piece of property shall be allowed to submit any application for any type of zoning change or plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the Town of Bartonville shall have been first fully discharged by payment, or until an arrangement, satisfactory to the Town, has been made for the payment of such debts or obligations or if written documentation from the Denton Central Appraisal District is provided indicating the property valuation is under review or in dispute. It shall be the applicant’s responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements satisfactory to the Town have been made for payment of said taxes, fees, etc.

In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. The building area is less than that of the main structure as regulated herein. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse as a hobby, home workshop, children’s playhouse, barns, storage building or garden shelter.

In the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building, and that is used for purposes accessory and incidental to the main use. For purposes of this definition, a tent is not considered an accessory building.

A secondary living space that is on-site with a primary living space and that may be continued within the space [same] structure as the primary, or may be contained in a separate structure. Occupants of secondary living spaces typically include a caretaker, servant, or farm worker employed by the owner/occupant, or a family member of the owner/occupant.

A use subordinate to the main use on a lot and used for purposes customarily incidental to those of the main use.

Touching, adjoining, contiguous or abutting.

Any promotion of commodities or services whether on-site or off-site. Prices and specials are considered as advertisement. Display of gasoline prices and telephone numbers shall not be considered as advertisement, but as a disclosure for public information.

The production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program, but does not include concentrated animal or poultry feeding or breeding operations. All agricultural uses which include animals shall be maintained in compliance with the applicable rules and regulations of the Town of Bartonville, including prohibitions therein.

An establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and other goods related to agricultural processes.

(See Section 109 of the Texas Alcoholic Beverage Code.)

(See Section 109 of the Texas Alcoholic Beverage Code.)

Provision of private emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.

(See Farms, General)

An outdoor business or nonresidential use of animal-assisted relaxation techniques and animal-assisted mental and/or physical therapy techniques using instructors or therapists.

(See Chapter 22)

An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations that have value and significance as a result of age, design or sentiment.

Major repair, rebuilding, or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; those uses listed under “automobile repair, minor”; and other similar uses.

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; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under “automobile repair, major” or any other similar use.

The use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including but not limited to the following - passenger cars, trucks, buses, motor scooters and motorcycles.

A place for preparing, baking and selling all products on the premises where prepared.

An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

An establishment primarily engaged in providing services generally involved in the care of the person including, but not limited to, barber and beauty shops, tanning salons, ear piercing shops, permanent makeup, and reducing salons.

The density specified for the base district for residential developments other than planned residential developments.

The underlying residential or nonresidential zoning district with which a Planned Development District or Conditional Use Permit may be combined.

A story wholly or partly (at least 50 percent) measured from floor to ceiling, below the level of the ground on the street side of the building. A basement or cellar is not counted when measuring the height of a building.

A dwelling or grouping of dwellings at which breakfast is served and sleeping accommodations are provided/offered in not more than five (5) rooms or unattached units (e.g., cabins) for transient guests for compensation.

An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

An area within the Town enclosed by streets and occupied by or intended for buildings; or, if said work is used as a term of measurement, it shall mean the distance along a side or street between the nearest two streets which intersect said street on said side.

The word “Board” shall mean the Zoning Board of Adjustment.

A covered passage one (1) story in height connecting a main structure and an accessory building.

A strip of land, identified on a concept plan, site plan, development plan, established to protect one type of land use from another land use which is incompatible. Normally, a buffer is landscaped and kept in open space uses.

Any structure or building for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind.

Any line parallel or approximately parallel to the street line and beyond which buildings may be erected.

The officer or other designated authority charged with the administration and enforcement of this Ordinance.

Includes retail, commercial and manufacturing uses and districts as herein defined.

The diameter of a tree measured 48 inches above natural grade level.

Accessory dwelling facilities located on a premises for the housing of persons and their families who are employed on the premises as guards, caretakers or in similar custodial capacity.

A structure open on a minimum of 3 sides designed or used to shelter not more than 3 vehicles and not to exceed 24 feet on its longest dimension.

A business that provides food and beverages for off-site consumption.

See basement.

An official certificate issued by the Town through the Chief Building Official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by state law). For the purposes of this ordinance, bible study and other similar activities which occur in a person’s primary residence shall not apply to this definition.

Means a custom cleaning, laundry or pressing shop with a pickup station where work is performed on-site utilizing a non-chemical process for cleaning or laundry.

The office of one or more medical doctors, dentists, optometrists, or similar members of the medical professions who may or may not have associated in the practice of their professions.

Establishments engaged in providing entertainment for a fee or to members and guests of a private association and including but not limited to such activities as dance halls; theatrical productions; bands, orchestras, and other musical entertainment; billiard and pool establishments; commercial facilities such as bowling alleys and skating rinks; coin-operated devices; amusement parks; amusement and bathing beaches; swimming pools; game parlors; dirt bike tracks; “paint ball” facilities and teen clubs.

The Planning and Zoning Commission of the Town of Bartonville, also referred to as “Town Planning Commission,” “Plan Commission,” or “Zoning Commission.”

A community-based residential home providing 24-hour care in a protected living arrangement for not more than six (6) residents with physical or mental disabilities and two (2) supervisors pursuant to Tex. Human Resources Code Ann. § 123.001 et seq. This classification is limited to homes for the care of persons suffering from orthopedic, visual, speech, or hearing impairments, Alzheimer’s disease, pre-senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism, or emotional illness.

The planning document described in Chapter 211 of the Texas Local Government Code.

Use by permit in a zoning district which specifies certain conditions under which the permit may be issued upon application and approval.

Yards with outdoor storage of equipment and material used by contractors.

A retail establishment, occupying less than 5,000 square feet of floor area, primarily offering for sale meats, fruits, vegetables, bakery products, dairy products, personal care items, cleaning products and similar household items to a localized or neighborhood market, for primarily off-premises consumption. May or may not include gasoline sales.

An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet. A printing company shall be any printing business which operates in a space of 4,000 square feet or larger.

The Town Council of the Town of Bartonville, also referred to as “Town Council.”

A lot which has at least 2 adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such 2 sides is less than 135 degrees.

An open, unoccupied space bounded on more than two sides by the walls of the 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 permanently open space.

The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

(See Funeral Home)

A wholesale business that processes milk for human consumption.

A facility arranged and conducted for the organized recreation and instruction of children, including outdoor activities, on a daytime basis only.

An establishment licensed by the state that provides care, protection and supervision for seven or more children or adults for periods of less than 24 hours per day on a regular basis for a fee or other compensation, excluding any establishment classified as a day care home. This classification shall not include overnight lodging, medical treatment, counseling, and/or rehabilitative services and does not apply to any public school.

An establishment registered with the state that provides care, protection and supervision in the caretaker’s single-family detached residence for not more than six children under 14 years of age, including the caretaker’s own children, and that provides care after school for not more than three additional elementary school children, provided that the total number of children cared for, including the caretaker’s own children, does not exceed nine. This classification shall not include overnight lodging, medical treatment, counseling and/or rehabilitative services and does not apply to any school.

The number of dwelling units per gross usable acre of land.

The mean horizontal distance between the rear line of the building other than accessory buildings and the rear lot line.

The mean horizontal distance between the front and rear lot lines.

See Kennel.

A facility or feature in which one can drive to be served, without leaving one’s car, only for use with a coffee shop, dry cleaning store, pharmacy or ATM/bank.

A detached building containing not more than one (1) dwelling unit entirely surrounded by open space on the same lot.

Any building or portion thereof other than a mobile home or manufactured home providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, and cooking.

A section of the Town for which the regulations governing the area, height or use of the building are uniform.

A lot having a frontage on 2 nonintersecting streets, as distinguished from a corner lot.

A privilege or right of use or enjoyment granted on, above, under or across a particular tract of land by one owner to another.

A business that repairs household and business appliances and computers.

A building, land or facilities regularly used for equestrian activities, including but not limited to the boarding, schooling, training, hiring, selling, showing, competing or exhibition of horses or ponies.

Event Venue/Banquet Hall. A facility, or portion thereof, which is rented, leased, or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged.

A business that provides pest and rodent control to homes or business.

Consists of one or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than four persons (excluding servants) who are living together in a dwelling unit.

See Day Care Home.

A designated location within the jurisdiction of the Town used primarily for the distribution and sale directly to consumers of food by farmers or other producers.

An area or orchard used for growing usual farm products, vegetables, fruits, trees, and grain and including the necessary accessory uses for raising, treating, and storing products grown on the premises, but not including any type of agriculture specifically prohibited by ordinance or law.

An area used for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing animals on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of husbandry specifically prohibited by ordinance or law.

A business that operates a concentrated animal feeding operation as defined in State statutes.

Means the Fire Marshal of Denton County or the Fire Chief (or designee by the Town) of the Argyle Volunteer Fire District.

Any public service building of the municipal government including a library or Town Municipal Building, but excluding storage yards, utility shops and equipment centers.

A business that repairs lawnmowers and other small engine powered equipment. No outside storage.

That area in the floodplain which is not the floodway.

Any land susceptible to being inundated by water from any source.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

An establishment primarily engaged in the retail sale of cut flowers and flowering plants.

The total enclosed area of all floors in a building with a clear height of more than six (6) feet, measured to the outside surface of the exterior walls. Parking facilities, driveways, breezeways, carports, residential garages, and airspace above the atria ground floor are excluded from floor area calculations. Enclosed loading berths and off-street maneuvering area are also excluded, but not the dock area itself.

The floor area of a main building or buildings on a lot, divided by the lot area.

The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall designate which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general orientation as the front and rear lot lines, said lines shall be considered a front lot line in establishing minimum setback lines. If any alley exists on a corner lot, the front yard shall be opposite the alley (a side yard may not be designated adjacent to any alley).

An open, unoccupied space on a lot facing a street upon which the structure shall face and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and main building or any projection thereof other than the projection of the usual steps or eave overhang.

A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Retail stores selling new goods 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.

See Accessory Dwelling[1]

An area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Any building (except a building used primarily for general office purposes) which is owned, leased, primarily used and/or primarily occupied by the State of Texas, the United States, the Town of Bartonville, or any subdivision or agency of the State of Texas, the United States or the Town of Bartonville.

For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalks at the center of all walls adjoining the street; for buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior walls of the building; any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Town Engineer shall establish such sidewalk level or its equivalent for the purpose of these regulations.

A retail establishment with 5,000 square feet of area or more primarily offering for sale meats, fruits, vegetables, bakery products, dairy products, personal care items, cleaning products and similar household items for off-premise consumption.

The number of acres of land in a development site computed by subtracting from the total number of acres the number of acres occupied by (1) floodway, (2) 75% of any land area encumbered by a reservation of record, restricting all or a portion of the property from development, or encumbered as a power line easement, and (3) any other form of unusable open space.

(See Day Care Home).

A family-based facility providing 24-hour care in a protected living arrangement. This classification includes homes for the physically and mentally impaired, homes for the developmentally disabled, congregate living facilities for persons over sixty (60) years of age or older, maternity homes, foster homes, homes for juvenile delinquents, and halfway houses.

An establishment primarily engaged in the retail sale of a number of basic hardware lines, such as tools, builder’s hardware, paint and glass, housewares and household appliances, and cutlery.

The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or, if no street grade has been established, to the highest point of the roof’s surface if a flat surface; to the deck line of mansard roofs; and the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio and television towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height.

An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreation activities, none of which shall disturb the neighbors on either side or in the rear thereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith and from which no traffic will be generated.

A business, occupation, or profession conducted within a residential dwelling unit or accessory building by the resident thereof, and which shall have the following characteristics:

See Hobby Shop.[2]

A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have some but not all of these facilities.[3]

A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singularly for hire, and in which there are six (6) or more sleeping rooms.

See Accessory Dwelling.

A wholesale business which burns garbage, waste, refuse or other materials as a primary means of disposal.

A lot other than a corner lot.

Any business or establishment other than a veterinary hospital, whether operated separately or in connection with another business or establishment, that keeps, boards and/or trains dogs and/or cats or other household domesticated animals. Veterinary hospitals shall not be considered a kennel, unless such hospitals contain pens or facilities for housing, boarding, breeding, training, harboring, or keeping dogs, cats or other domesticated animals, swine, equine, or other livestock or animals other than, or in addition to, short-term care incidental to the treatment of such animals. Kennels must be established, maintained and operated in compliance with all applicable zoning and land use regulations of the town.

A corner lot that is so designated that the lots located directly behind it face the side street of the corner lot whether or not separated by an alley shall be considered a key lots.

Any operation which boards, [or] provides stalls or pens for the purpose of breeding large animals such as horses, mules or cattle.

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.

That portion of the dwelling unit utilized for living purposes within the exterior walls of the structure and does not include porches, breezeways, garages and carports.

The elevated portion of a building designed to accommodate the loading and unloading of semi-tractor/trailers.

Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this Ordinance, and having its principal frontage upon a public street or officially approved place.

The area of the lot shall be the horizontal area of the lot as measured between lot lines, not including portions of streets.

The area of a parcel or lot covered by main buildings (including overhangs) and accessory buildings. Parking areas and others such as sidewalks are not counted in the calculation of lot coverage.

The average horizontal distance between the front and rear lot lines.

The lines bounding a lot as defined herein.

Any lot which has been recorded in the deed record of Denton County lawfully created prior to the effective date of these revised zoning regulations shall be deemed a “lot of record.”

The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line.

The building or buildings on a lot which are occupied by the primary use.

A structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f V.T.C.S.); nor does it include building modules incorporating concrete or masonry as the primary structural component.

An establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, excluding processes utilizing hazardous materials as defined by the International Fire Code, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

A retail business that sells meat, seafood and/or poultry that which has been processed. No on-site slaughtering occurs.

A building or group of buildings containing one or more individual compartmentalized storage units for inside storage of customer’s goods or wares, where no unit exceeds 500 square feet in floor area. No outside storage, storage of explosives, flammable materials, materials emitting noxious odors or other similar activities shall be allowed. (Also termed Self-Storage Facility)

The extraction and removal from the site, or stockpiling of earth materials, including soil, sand, gravel, oil, gas, or other materials found in the earth. The excavation of earth materials for ponds or lakes, including excavations for fish farming ponds and recreational lakes, are considered mining unless otherwise expressly authorized by another provision of this code. The following are not considered mining:

A dwelling designed to be transported on its own chassis on the highway in one or more sections by a prime mover and which is constructed with a base section so as to be independently self-supporting and not requiring a permanent foundation for year-round living.

A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial.

A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Usually a two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this Ordinance, all-terrain vehicle motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles.

Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses.

Any area, land, building, structure or facility which is owned, used, leased or operated by the Town of Bartonville.

The use of any land, building, or structure which does not conform with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.

An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, and trees, and other materials used in indoor or outdoor planting.

The use or intended use of the land or buildings by proprietors or tenants.

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.

See Clinic, Medical.

A building used primarily for conducting the affairs of a business, profession, service, industry, or government or like activity.

(See Section 30.3 [chapter 32])

An outdoor or unenclosed area designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility, or service areas.

See Outside Storage.

See Farm General.

Outside temporary display or finished goods that are specifically intended for retail sale.

The permanent and/or continuous keeping, display or storing of any goods, materials, merchandise or equipment outside of any building on a lot or tract for more than 24 hours. Also referred to as open storage.

A commercial establishment where painting services are performed.

Any publicly owned or dedicated to a governmental unit area, parcel, site, piece of land or property for active or passive recreational use as an open space; including any environmentally sensitive area that shall be maintained in a natural condition.

An all-weather surfaced area consisting of parking spaces, access driveways, designated fire lanes and other areas commonly used by motor vehicles.

An area of not less than two hundred (200) square feet (measuring approximately 10 feet by 20 feet) not on a public street, surfaced with reinforced concrete, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street permitting free ingress and egress.

An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales also take place of primarily used items.

Establishments less than 2,000 square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his apparel and including, but not limited to, dressmaking, shoe shining and repair, dry-cleaning and laundry pickup stations, tailor or seamstress services, and other similar types of uses, with no outside storage.

See Pet Shops.

A retail establishment with no outside pens, offering small animals, fish or birds for sale as pets and where all such creatures are housed within the building. May also offer small animal pet grooming services.

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 Town of Bartonville, Texas and subject to approval by the Planning and Zoning Commission and filed in the plat records of Denton County, Texas.

A residential or nonresidential development project approved through establishment of a Planned Overlay District, which must meet the requirement of this Ordinance.

Land together with any buildings or structures situated thereon.

The principal or predominant use of any lot or building.

The Main Building.

See Copy and Printing Shop.

See Section 109 of the Texas Alcoholic Beverage Code.

See Section 109 of the Texas Alcoholic Beverage Code.

An accessory building or portion thereof in which privately owned motor-driven vehicles are stored by occupants of the premises, not more than one (1) of which may be a vehicle exceeding or larger than one (1) ton capacity, and which is not used as a home occupation or other business.

A way for providing vehicular traffic access to lots or units over a common parcel, primarily by the owners or occupants of the common parcel, and necessary service and emergency vehicles, but from which the public may be excluded and which are not maintained by a public agency.

A building, structure or complex of buildings that protect the health, safety, welfare and quality of life throughout the community. These facilities are mostly provided by public, not-for-profit, state, county, and/or local governmental or quasi-governmental entities that require physical facilities to provide their respective services.

Any of the following utilities: water distribution, sanitary sewage collection, telephone, cable television, natural gas, and/or electrical power.

A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, unenclosed porches, or driveways.

A vehicular type unit designed for temporary living quarters for recreational camping or travel uses, which either has its own motor power or is mounted on or towed by another vehicle, excluding mobile homes as defined herein. This definition includes, but is not limited to, travel trailers, camping trailers, tent trailers, truck campers, motor homes and camper vans.[4]

See church.[5]

A dwelling.

District where the primary purpose is residential use.

An establishment where the principal business is the sale of food and beverages in a ready-to-consume state and where the design or principal method of operation includes one or more of the following:

). An establishment designed and constructed to serve food for consumption on the premises, in a motor vehicle or for carry-out for off-premises consumption and which establishment may or may not have on-premises dining room or counter, and which may include a drive-through window.

A retail establishment that does not fit the definition of any other land use classification and that does not entail any outdoor sales, service, display, storage or other activity. Typical uses include, but are not limited to, apparel and accessory stores, camera and photographic supply stores, clothing rental stores, consumer electronics stores, gift, novelty and souvenir shops, luggage and leather goods stores, jewelry stores, music stores, art galleries, book or stationery stores, candy and/or tobacco stores, drugstores, meat markets, seed stores, shoe sales and repair, sporting good sales, and video tape rental stores.

A business which offers equestrian riding lessons or classes, horse rental and relating activities.

A school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public preschool, elementary or secondary schools.

A school under the sponsorship of a public agency providing preschool, elementary or secondary curriculum, but not including private trade or commercial schools.

A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or a person or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, yard person, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections. Must meet the requirements of an accessory dwelling unit.

As defined in Article 4.102 [Section 4.05.002] of the Town Code.

shall mean a place built and intended to be used for retail shops, department stores, restaurants, travel services and allied businesses. The term shopping center also includes shopping malls. Shopping center shall not include strip malls. For the purposes of this ordinance, a strip mall shall mean a shopping center that is contained on a single plat lot and has a building or set of buildings that contain one or more shops, department stores, restaurants, office uses or businesses that have a common open or enclosed walkway and open into a common parking lot.

A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at maturity.

Any lot line not the front or rear lot line.

An open, unoccupied space on the same lot with a building situated between the building line on the lot and extending through from the front yard to the required rear yard.

As defined in Article 3.1101 [Section 3.04.002] of the Town Code.

A structure which blocks the view from the ground to the height specified and serves as a visual barrier.

An area designed for the use of sporting activities including, but not limited to, tennis, basketball, volleyball or other similar nonaquatic sports for the exclusive use of residents and their nonpaying guests.

A stable for horses, mules or ponies, used for the rental of stall space for more than 6 horses, mules or ponies or used for the sale or rental of more than 6 horses, mules or ponies.

A stable used solely for the owner’s private purposes for the keeping of horses, mules or ponies. (See Section 21.5 - Standards for Private Stables. [sic]) Rental stalls for the purposes of boarding horses, mules or ponies are allowed for up to six (6) horses, mules or ponies. If more than six (6) stalls are used for the rental of stall space or the rental or sale of horses, mules or ponies, it shall be considered a commercial stable.

A building or portion thereof used for the storage of more than five (5) passenger motor vehicles and trucks of not more than one and one-half (1-1/2) ton capacity.

A story having an average height of not more than eight (8) feet, covering a floor area of not more than seventy-five (75) percent of the area of the first story below.

One having eleven (11) feet six (6) inches between floors.

A public or private thoroughfare which affords the principal means of access to property, including any road or other thoroughfare.

A dividing line between a lot, tract or parcel of land and a contiguous street.

The non-pavement or pavement area between the moving traffic lanes of a street.

Any change in the supporting members of a building, such as loadbearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

A building or portion of a building used as a place of work by a photographer, musician or artist.

Any place of business in which therapy is practiced by a massage therapist, as defined and licensed by State law. “Massage therapy,” as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage. Massage and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

A swimming pool constructed and maintained for the exclusive use of residents and their nonpaying guests.

A temporary or semi-permanent structure or shelter, consisting of canvas or other material stretched, draped over or attached to a frame or pole(s). A collapsible shelter of canvas or other material stretched and sustained by poles and used for camping outdoors or as a temporary building.

A business which offers or makes travel arrangements.

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.

An area or business where fruits and vegetables are sold primarily from vehicles.

A facility or substation designed to monitor or distribute electricity.

A modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. A variance may not be granted on the basis of pecuniary hardship.

shall mean any institution, place or enclosure used for the harboring or reception for care and/or treatment of injured or sick animals consisting of two (2) or more horses, cattle, dogs, cats, livestock or other animals.

A veterinary hospital that includes animal boarding facilities that are primarily used for large animals and are not wholly enclosed within a building.

A veterinary hospital in which all activities are wholly enclosed within a building and are primarily used for small, household pets.

The mean horizontal distance between a side wall of a building and the side line of the lot.

An open, unoccupied space other than a court, on the lot in which a building is situated, and which is unobstructed from the ground to the sky.

The districts established in the Zoning Ordinance of the Town of Bartonville, Texas.

The official map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance.

This Section establishes a review process for nonresidential developments. The purpose is to ensure that a development project is in compliance with all applicable Town ordinances and guidelines prior to commencement of construction.

Approval Process

The “official submission date” shall be the date upon which a complete application for approval of a required plan is submitted to the Town Secretary.

The Town’s staff may require other information and data for specific required plans. Approval of a required plan may establish conditions for construction based upon such information.

Prior to formal application for approval of a required site plan, the applicant(s) should consult with the Town’s Development Review Committee in order to become familiar with the Town’s development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer, surveyor, or other qualified professional.

Submission and approval of a General Site Plan shall be required for development within the AG, RE-5, RE-2, R-1, MH, RLI, RB, VC, GC and P/SP zoning districts as follows:

No building permit shall be issued until a Site Plan, as required, and all other required engineering/construction plans are first approved by the Town. No certificate of occupancy shall be issued until all construction and development conforms to the Site Plan and engineering/construction plans, as approved by the Town.

When the overall development project is to be developed in phases, the area included within the Site Plan shall include only the portion of the overall property that is to be developed/constructed.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the Town of Bartonville, and to ensure that all developments are, to the best extent possible, constructed according to the Town’s codes and ordinances.

The Town Secretary, or his/her designee, shall review the Site Plan for compliance with all applicable Town ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Bartonville; for the promotion of the health, safety, order, efficiency, and economy of the Town; and for the maintenance of property values and the general welfare.

General Site plan review and evaluation by the Town Secretary, or his/her designee, shall be performed with respect to the following:

A Site Plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). To ensure the submission of adequate information the following information and items shall be submitted with an application for Site Plan approval in addition to any additional specific requirements for the review of Site Plan applications that may be devised and amended from time to time. It shall be the applicant’s responsibility to obtain and be familiar with the requirements for Site Plan approval.

An application for a site plan shall be considered administratively complete upon the occurrence of all of the following: (1) the Town staff and the Town Engineer have determined that the application for a site plan meets all requirements of applicable Town ordinances so that it may be reviewed by the Planning and Zoning Commission or Town Council; (2) the site plan has been placed on a duly posted agenda for the Planning and Zoning Commission or Town Council; and (3) the Planning and Zoning Commission or Town Council has taken action on the site plan. The Filing Date of a site plan means the date a site plan is considered by the Town to be administratively complete and is heard by either the Planning and Zoning Commission or Town Council.

The Planning and Zoning Commission or Town Council may take one of the following actions: (a) approve the site plan; (b) approve the site plan with conditions; or (c) disapprove the site plan.

In the event the Planning and Zoning Commission or Town Council conditionally approves or disapproves a site plan, the Planning and Zoning Commission or Town Council shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval, in accordance with Section 212.0091 of the Texas Local Government Code, as amended. After the conditional approval or disapproval of a site plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason provided for the disapproval, in accordance with Section 212.0093 of the Texas Local Government Code, as amended. In the event the Planning and Zoning Commission or Town Council receives such a response from the applicant, the Planning and Zoning Commission or Town Council shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved plan not later than the fifteenth (15th) day after the date the response was submitted, in accordance with Section 212.0095 of the Texas Local Government Code, as amended.

The statutory 30-day time frame for site plan approvals, established by Chapter 212 of the Texas Local Government Code, shall commence on the Filing Date.

Pursuant to Section 212.009(b-2) of the Texas Local Government Code, as amended, upon application in writing by the applicant, the Planning and Zoning Commission or Town Council may approve one (1) Extension of Right to 30-Day Action, such Extension not to exceed 30 additional days.

The Site Plan shall be considered authorization to proceed with construction of the site provided all other required Town approvals are obtained (such as final plat, engineering plans, etc.).

Validity and Lapse of Site Plan Approval:

All Site Plan submissions shall be subject to the noticing requirements of Appendix A.5, General Notice Requirements.