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Brownsville City Zoning Code

4.4

Land uses.

4.4.1 - Uses Permitted by District.

A.

Purpose.4.4.3 Permitted Use Chart lists the uses allowed within all zoning districts. Approval of a use listed in this article, and compliance with the applicable use-specific standards for that use, authorize that use only.

B.

Explanation of Use Table Abbreviations.

1.

Permitted Uses: "P" in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Ordinance, including 4.4.4 Additional Use Standards in this article and the requirements of 4.5 Building Types, 4.6 Zoning Development Standards, and Article 5 Supplemental Regulations.

2.

Specific Use Permit Required: "S" in a cell indicates that, in the respective zoning district, the use is allowed only if issued a Specific Use Permit, in accordance with the procedures of 4.2.7 Specific Use Permit. Uses requiring a Specific Use Permit are subject to all other applicable regulations of this Ordinance, including 4.4.4. Additional Use Standards in this article and the requirements of 4.5 Building Types, 4.6 Zoning Development Standards, and Article 5 Supplemental Regulations.

3.

Prohibited Uses: A blank cell indicates that the use is prohibited in the respective zoning district.

4.

Additional Use Standards: Regardless of whether a use is allowed by right, or permitted with a Specific Use Permit, there may be supplemental standards that are applicable to the use. The applicability of these standards is noted through a cross-reference in the last column of the table. A number [#] in a cell indicates that the use, whether permitted by right or as a special use, is permitted subject to additional use standards in that district.

C.

Use Table Organization. In 4.4.3 Permitted Use Chart, land uses and activities are classified into general "use categories," "subcategories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within these use categories, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

4.4.2 - Classification of New and Unlisted Uses.

The City recognizes that new types of land uses will arise, and forms of land use not anticipated in this UDC may seek to locate in the City. When application is made for a use category or use type that is not specifically listed in the appropriate use table, the Planning Director shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:

A.

The Planning Director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the Planning Director shall consider all relevant characteristics of the proposed use, including but not limited to the following:

1.

The actual or projected characteristics of the proposed use;

2.

The volume and type of sales, retail, wholesale, etc. for commercial uses;

3.

The size and type of items sold and nature of inventory on the premises;

4.

The type and number of customers and employees;

5.

The hours of operation;

6.

The size and arrangement of buildings and parking on the site;

7.

The amount of parking needed and estimate of trips generated by the proposed use;

8.

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution;

9.

Any dangerous, hazardous, toxic, or explosive materials used in the processing;

10.

The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building; predominant types of items stored (such as business vehicles, work-in-process inventory and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);

11.

The amount and nature of any Nuisances generated on the premises, including but not limited to noise, smoke, odor, Glare, vibration, radiation, and fumes;

12.

Any special public utility requirements for serving the proposed use type, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

13.

The effect on adjacent properties created by the proposed use type, which should not be greater than that of other use types in the zoning district.

B.

Standards for new and unlisted uses may be interpreted as those of a similar use.

C.

Appeal of the Planning Director's decision shall be made to the Zoning Board of Adjustment following procedures of 4.2.11 Zoning Relief.

D.

The Planning Director may periodically request amendments to this Ordinance to incorporate newly listed uses.

4.4.3 - Permitted Use chart.

A.

Chart Organization.

The Permitted Use Chart is grouped by use category:

1.

Residential Uses

2.

Public, Civic, and Institutional Uses

3.

Commercial Uses,

4.

Industrial Uses, and

5.

Accessory Uses.

B.

Residential Uses.

This category includes uses that provide living accommodations for one or more persons. The residential subcategories and uses are as follows:

1.

Household Living

2.

Group Living

Use Definition
AG
RE
R-1
R-2
R-3
CC
RC
LI
HI
TN
TN-MU
TN-C
DE
DG
DC
MOD
Parking Ratios
Household Living This subcategory is characterized by residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are considered a form of lodging and included in the Commercial Use Category.
Dwelling, Duplex A residential building with two (2) attached dwelling units located on one or two lots designed for occupancy by two (2) families living independently. P P P P P P 2 : Dwelling Unit
Dwelling, Live/Work A structure or portion of a structure that combines a work activity with a residential living area. Live-work is distinguished from a home occupation in that the work use is not required to be incidental to the dwelling unit and customers may be served on site. P-1 P-1 P-1 P-1 P-1 P-1 P-1 >1 : Dwelling Unit;
1 : 300 sf dedicated to work use
Dwelling, Multi-Family (3 DU/Lot Or Fewer) A residential building designed for occupancy by three (3) or fewer families living independently, with the number of families not to exceed the number of dwelling units. P P P P P P P 1 : Dwelling Unit
Dwelling, Multi-Family (More Than 3 DU/Lot) A residential building designed for occupancy by more than three (3) families living independently, with the number of families not to exceed the number of dwelling units. P P P P P P P P P P 1 : Dwelling Unit
Dwelling, Single-Family Detached A single-family dwelling unit with no shared wall(s) or dwelling unit(s). P P P P P P P P P 2 : Dwelling Unit
Dwelling, Townhouse (SF Attached Or Multi-Family) A group of three (3) or more attached single-family units that share at least one (1) common or party wall with another unit. The units may be located on one (1) lot or on individually platted lots. P-2 P-2 P-2 P-2 P-2 P-2 P-2 P-2 P-2 2 : Dwelling Unit
Carport (Accessory) An open-sided automobile shelter typically located beside a dwelling. P-24 P-24 P-24 P-24 P-24 P-24 P-24 n/a
HUD-Code Manufactured Home A HUD-Code manufactured home will display a red certification label on the exterior of each transportable section. Per the Texas Occupations Code Chapter 1201.003(20), a HUD-Code Manufactured Home means a structure:
a. Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
b. Built on a permanent chassis;
c. Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
d. Transportable in one or more sections;
e. In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
f. Includes the plumbing, heating, air conditioning, and electrical systems of the home; and
g. Does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g). 		P-5 1 : Dwelling Unit
Manufactured Home Park A parcel of land under a single ownership with the purpose of leasing spaces for manufactured homes. P-5 n/a
Manufactured Home Subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale. P-5 n/a
Mobile Home Per the Texas Occupations Code Chapter 1201.003(20), a Mobile Home means a structure:
a. Constructed before June 15, 1976;
b. Built on a permanent chassis;
c. Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
d. Transportable in one or more sections;
e. In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and
f. Includes the plumbing, heating, air conditioning, and electrical systems of the home. 		n/a
Patio Home A detached, single-family unit typically situated on a reduced/zero lot line that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space. P P P P P 2 : Dwelling Unit
Group Living This subcategory is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "Household Living." Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Generally, Group Living facilities have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site.
Assisted Living Facility (≤6 Residents) An establishment, licensed by the State of Texas that furnishes, in one or more facilities, food and shelter to four (4) or more persons but no more than six (6) who are unrelated to the proprietor of the establishment, and provides personal care services as defined by the State of Texas. These establishments may be located in single-family homes and share the house with the care giver. This category includes adult foster care homes and adult care group homes. P P P P P P P P P P P 1 : 4 residents
Assisted Living Facility (≥7 Residents) An establishment, licensed by the State of Texas, that furnishes, in one or more facilities, food and shelter to seven (7) or more persons who are unrelated to the proprietor of the establishment, and provides personal care services as defined by the State of Texas. S S S S P P P P P P P 1 : 4 residents
Community Group Home For People With Disabilities A residence for not more than six (6) persons with disabilities and two (2) supervisors. Such entity must be licensed and comply with Chapter 123 of the Human Resources Code. Per Section 123.002, a "person with a disability" means a person whose ability to care for himself or herself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:
1) An orthopedic, visual, speech, or hearing impairment;
2) Alzheimer's disease;
3) Pre-senile dementia;
4) Cerebral palsy;
5) Epilepsy;
6) Muscular dystrophy;
7) Multiple sclerosis;
8) Cancer;
9) Heart disease;
10) Diabetes;
11) Autism; or
12) Mental illness.
Per Section 123.003, "The use and operation of a community home that meets the qualifications imposed under his chapter is a use by right that is authorized in any district zoned as residential". 		P-3 P-3 P-3 P-3 P-3 P-3 P-3 P-3 P-3 P-3 P-3 P-3 1 : 4 residents
Residential Care Facility A community-based residential home or facility that provides care for children 24-hours a day as defined and regulated by Chapter 42, Human Resources Code of the Texas State Statutes, or for adults 24-hours a day as defined and regulated by Chapter 123, Human Resources Code, of the Texas state statutes. P P P P P P P P 1 : 4 residents
Boarding House A temporary or permanent residence that provides housing for four (4) or more unrelated people. Such use is not licensed by the State. P P 1 : 4 residents
Halfway House A residence operated as a single dwelling, licensed or operated by a governmental or non-profit agency, where drug users, moderate and high risk (level 2 and 3) and civil commitment sex offenders, the dangerously mentally ill, or convicted felons are placed immediately after their release from a primary institution such as a prison, hospital or rehabilitation facility. Authorized supervisory personnel are on the premises. A halfway house allows the persons to begin reintegration with society while still providing monitoring and support. P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 1 : 4 residents
Independent Senior Living Facility A facility containing dwelling units, accessory uses, and support services specifically designed for occupancy by persons 60 years of age or older. Such facilities may include accommodations for people who are fully ambulatory or who require no medical or personal assistance or supervision, as well as accommodations for people who require only limited or intermittent medical or personal assistance. P P P P P P P P 1 : Dwelling Unit
Nursing Home A facility providing inpatient nursing and rehabilitative services and can accommodate patients for extended care. These establishments have licensed health care staff serving patients and other support staff for continuous personal care services. Convalescent homes, convalescent hospitals, inpatient care hospices, nursing homes, and rest homes with nursing care are a few examples of services these establishments provide. P P P P P P P 1 : 4 residents

 

C.

Public, Civic, and Institutional Uses.

This category includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large. The public, civic, and institutional subcategories are as follows:

1.

Civic and Cultural Facilities.

2.

Educational Service Establishments (Public And Private).

3.

Health and Human Services.

4.

Parks and Recreation Facilities.

5.

Public and Other Government Functions.

Use Definition
AG
RE
R-1
R-2
R-3
CC
RC
LI
HI
TN
TN-MU
TN-C
DE
DG
DC
MOD Parking Ratios
Civic And Cultural Facilities Buildings, structures, or facilities owned, operated, or occupied by a governmental entity or non-profit organization to provide a service to the public.
Art Gallery, Museum, Or Special Purpose Recreational Institution A facility or area that is open to the public and is intended for the acquisition, preservation, study, and exhibition of works of artistic, historical, cultural, or scientific value or recreational activity. P P P P P P P P P 1 : 200 sf
Civic, Social, Philanthropic, Or Fraternal Organization Any organization operating under a non-profit or similar charter, the activities of which are devoted exclusively to charitable, benevolent, patriotic, employment- related, recreational, or educational purposes not currently listed elsewhere in this Ordinance. Such an establishment may include the preparation and service of food and/or drink for members and their guests only. P P P P P P P P P 1 : 500 sf
Religious Assembly Or Institution A facility or area for people to gather together for public worship, religious training, or other religious activities including a church, temple, mosque, synagogue, convent, monastery, or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. Accessory uses may include meeting rooms and childcare provided for persons while they are attending assembly functions. Schools and other child care services are not accessory uses and shall require approval as separate principal uses. P P P P P P P P P P P P P P P P Non-Fixed Seats (main assembly) 1 : 150 sf
Fixed Seats (main assembly)
1 : 4 seats
Educational Service Establishments (Public And Private) Public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.
Child Day Care Child day care establishments primarily care for more than six (6) infants and preschool children and often may offer pre-kindergarten education programs. Some provide care services for older children. These facilities are licensed, certified, or registered by the State to provide their respective services. S P P S S P P P P P P 1 : 400 sf +
1 : employee
Nursery And Pre-School These facilities are appropriately licensed, certified, or registered by the State to provide daytime care, training and education for more than six (6) children. This definition may include after-school and summer programs which coincide with the age brackets for public and private schools as provided in this Ordinance. P P P P P P P P P P P P P P 1 : 400 sf +
1 : employee
Elementary And Middle School These are public or private educational facilities that provide the appropriate grade school education that satisfies the compulsory education laws of the State of Texas. P P P P P P P P P P P P P 1 : classroom
Senior And High School These are public or private educational facilities that provide the appropriate higher grade school education that satisfies the compulsory education laws of the State of Texas. P P P P P P P P P P P P P 2.5 : classroom
College Or University Public or private junior colleges, colleges, universities, and professional schools. These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. The requirement for admission is at least a high school diploma or equivalent general academic training. This use may include a Seminary which is an institution for the training of candidates for the priesthood, ministry, or rabbinate. P P P P P P P P P P P P P P 1 : classroom + 1 : full-time employee—
Dormitories 1 : 4 rooms
Technical, Trade, And Specialty School Public or private institutions offer vocational and technical training in a variety of technical subjects and trades such as auto repair, welding, bricklaying, machinery operation, cosmetology, or other similar trades or crafts. The training often leads to job-specific certification. P P P P 1 : classroom + 1 : full-time employee
Health And Human Services Health and Human Services are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, or other physical or mental conditions. Accessory uses may include laboratories, outpatient, or training facilities, and parking, or other amenities primarily for the use of employees in the firm or building.
Clinic Or Lab An establishment primarily engaged in furnishing medical and lab services included but not limited to chiropractic, dental, medical, surgical, medical imaging, or other services to individuals on an outpatient basis. This includes the offices of chiropractors, physicians, dentists, and other health practitioners, medical and dental laboratories, blood donation centers, outpatient care, and outpatient care facilities. Patients are not kept overnight except under emergency conditions. P P P P P P P P P 1 : 500 sf
Hospital, Surgery Centers, Free Standing Emergency Rooms, or Medical Research A facility or area for providing human-related health services primarily for in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, emergency rooms, training facilities, central services facilities, food service establishments, retail stores, and staff offices that are an integral part of the facilities. P P P P P P P P P P P P P P 3 : bed
Social Assistance And Welfare Services Social assistance and welfare services provide public or community related service or charity services directly to individuals. They do not offer residential or accommodation services. P P P P P P P P P 1 : 200 sf
Funeral Homes And Services (With Or Without Cremation Services) This use includes establishments preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). Funeral homes combined with crematories may also be included in this category. P P P P P Funeral Service Rooms : 1 : 50 sf
Cemetery A facility or area used or intended to be used for the interment or burial of the dead, including graveyard, burial park, mausoleum, columbarium, or any other area containing one or more graves. P P P P P n/a
Plasma Center A facility for the sale of blood plasma for use in medical or other products. P-17 1 : 400 sf
Parks And Recreation Facilities Parks, recreation, and open space uses or facilities focus on a range of space types including natural areas, large areas consisting mostly of vegetative landscaping, hardscaping, or outdoor recreation or a combination thereof, community gardens, public greens, public squares, sports playing fields, and public plazas.
Community Garden A facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person or family for personal consumption or donation. P P P P P P P P P P P P P n/a
Farmers' Market A seasonal and/periodic outdoor market open to the public, operated by a governmental agency, a non-profit, or other community organization at which regular vendors sell locally grown and made produce and products for home consumption. P P P P P P P P n/a
Park Or Playground A facility or area for recreational, cultural, or aesthetic use owned or operated by a public agency and available to the general public. This definition may include, but is not limited to, plazas, square, greens, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, pavilions, wooded areas, and water courses. P P P P P P P P P P P P P P n/a
Nature Preserve Or Open Space A Nature Preserve includes protected natural habitats including significant environmentally sensitive areas such as wetlands, woodlands, etc. Public access may be limited to protect the nature preserve and there may be research or educational activities held on the land. Open space is land set aside in its natural or improved state for passive recreation use. P P P P P P P P P P P P P P P n/a
Recreation Center A facility or area for sports or recreation open to the general public where the activity takes place within an enclosed structure or outside courts and pools. Examples include but are not limited to, gymnasium or indoor arena; basketball, handball, and tennis courts; hockey rinks; swimming pools; and physical fitness centers. This category shall not include entertainment and amusement centers. P-8 P-8 P-8 P P P P P P 1 : 300 sf
Public And Other Government Functions Local, state, or federal government services or similar functions, that are not otherwise classified. Typical uses include health departments, courthouses, soup/food kitchens, and food pantries.
Legislative And Executive Functions General government administration functions such as City Hall, County or School District Administration functions. P P P P P P P P 1 : 300 sf
Courts (Local, State, And Federal) All judicial functions such as courts. P P P P P P P P 1 : 300 sf
Correctional Institutions Public, quasi-public, or private care facilities that, because their operation, have the potential for affecting property values, compatibility, and enjoyment of surrounding land uses. Typical uses include forced detention or correctional facilities or work release facilities. S-7 S-7 S-7 Established per SUP
Public Safety Facility Government-owned or volunteer establishments providing fire and rescue, police, and emergency response services. P P P P P P P P P P P P P P 1 : 500 sf
Other Government Functions This use includes any other government-owned and/or operated establishments not classified elsewhere in this UDC. P P P P P P P P P P P P P P P P 1 : 500 sf

 

D.

Commercial Uses.

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. Commercial subcategories and uses are as follows:

1.

Agricultural Uses.

2.

Animal Production and Ranching.

3.

Animal-Related Services.

4.

Auto-Related Sales and Service.

5.

Business, Professional and Technical Services.

6.

Financial and Real Estate Services.

7.

Food And Beverage Services.

8.

Lodging Facilities.

9.

Other Commercial Uses.

10.

Recreation and Entertainment Uses (Indoor).

11.

Recreation and Entertainment Uses (Outdoor).

12.

Rental and Leasing.

13.

Retail Sales.

Use Definition
AG
RE
R-1
R-2
R-3
CC
RC
LI
HI
TN
TN-MU
TN-C
DE
DG
DC
MOD Parking Ratios
Agricultural Uses The use of land for purposes including farming, dairying, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for treating or storing of farm products and parking of equipment.
Crop Production An area for raising or harvesting agricultural crops such as wheat, field forage, and other plant crops intended to provide food or fiber. P n/a
Greenhouse, Nursery, Floriculture Establishments in this class grow nursery products, nursery stock, shrubbery, bulbs, fruit stock, sod, and so forth; or, grow short rotation woody trees with a growth and harvest cycle of 10 years or less for pulp or tree stock. These uses also include floriculture establishments which grow or produce floriculture or ornamental horticulture products (e.g., cut flowers and roses, cut cultivated greens, potted flowering and foliage plants, and flower seeds). P P P P 1 : 500 sf of retail space
Support Functions For Agriculture This use includes support establishments employed by the agriculture and forestry industries. They perform activities associated with production and distribution of forest and agricultural products. Many support establishments are independently run. This may include farm and farm labor management, agricultural equipment sales and service, and similar functions. P P P n/a
Animal Production And Ranching This category is intended for facilities or areas for raising animals (including fish and birds) and the development of animal products, such as meat, fur, or eggs, on a commercial basis. Typical uses include beef, horse, or sheep ranching; other cattle for meat production; poultry; dairy; and fish farming. Establishments keep, graze, breed, or feed animals in ranches, farms, or feedlots. This use does not include raising animals to sell as pets. This category shall not include slaughter houses.
Apiculture Establishments raising bees. These establishments collect and sell honey; and sell queen bees, packages of bees, royal jelly, bees' wax, propolis, venom, or other bee products. P n/a
Ranches And Farming Establishments in this category raise cattle for dairy farming or feed cattle for fattening purposes. This use includes establishments raising horses, mules, donkeys, and other equines. These establishments may also raise sheep, lambs, and goats, or feed lambs for fattening. Sheep or lambs may be raised for sale or wool production. P-11 n/a
Fish Hatcheries And Aquaculture This use comprises establishments that farm raise finfish, shellfish, or any other kind of animal aquaculture. These establishments use some form of intervention in the rearing process to enhance production, such as holding in captivity, regular stocking, feeding, or protecting from predators. P n/a
Animal-Related Services The boarding and care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas.
Kennels, Commercial A facility or area for keeping four (4) or more dogs, cats, or other household pets or where grooming, breeding, boarding, training, or selling of animals is conducted as a business. This definition does not include a veterinary clinic (as defined in this UDC), a pet store, or an animal grooming shop. P-11 P-11 P-11 1 : 1000 sf
Pet And Animal-Related Sales And Services (Including Grooming And Care) These establishments provide animal and pet care services (except veterinary), such as boarding, grooming, sitting, and training. P-11 P-11 P-11 P-11 P-11 P-11 P-11 P-11 P-11 1 : 300 sf
Stables, Commercial A facility or area where horses, mules, or other domestic animals are kept, housed, boarded, lodged, fed, hired, trained, sold, or bred as a commercial activity. The definition includes accessory uses such as riding lessons, clinics, and similar activities. P-11 n/a
Veterinary Clinic A facility for the diagnosis, treatment, or hospitalization of animals. The incidental boarding or breeding of animals is included in this definition. Outdoor kennels, pens or runs must be permitted separately as an accessory use. P-11 P-11 P-11 P-11 P-11 P-11 P-11 P-11 P-11 P-11 1: 300 sf
Auto-Related Sales And Service This category includes a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair, storage, and offices.
Auto Repair And Service, Major A facility or area that includes overnight, outdoor storage of customer vehicles but not the storage of salvage vehicles, for one or more of the following activities: a. Reconditioning of any type of motorized vehicle, including any repairs made to vehicles over 10,000 pounds gross vehicle weight.
b. Collision services, including body, frame, or fender straightening or repair.
c. Overall painting of vehicles or painting of vehicles in a paint shop or paint booth.
d. Dismantling of motorized vehicles in an enclosed structure. 		P P 1: 750 sf
Auto Repair And Service, Minor A facility or area for the servicing and minor repair of motor vehicles within enclosed service bays or stalls. Typical services include the retail sale and dispensing of lubricating oils, tires, filters, and other limited repair and maintenance work including the replacement of new or reconditioned parts in motorized vehicles of 10,000 pounds or less gross vehicle weight. Does not include the overnight, outdoor storage of customer vehicles. This definition includes quick-lube shops and tire shops, but does not include any operation included in the definition of "Auto Repair and Service, Major." P P P P 1: 500 sf
Auto-Related Parts And Accessory Sales Primarily comprised of automotive supply stores, these establishments retail new, used, or rebuilt automotive parts and accessories. They may also include repair and installation services. Examples include parts and supply stores, automotive stereo stores, speed shops, truck cap stores, and tires and tube shops. P P P P 1: 500 sf
Car Wash A facility or area for the cleaning or steam cleaning, washing, polishing, or waxing of passenger vehicles by machine or hand-operated facilities. A car wash may be:
a. A single unit type that has a single bay or a group of single bays with each bay to accommodate one vehicle only; or
b. A tunnel type that allows washing of multiple vehicles in a tandem arrangement while moving through the structure. 		P P P P Wash bays + 5 queue spaces
Car Wash A facility or area for the cleaning or steam cleaning, washing, polishing, or waxing of passenger vehicles by machine or hand-operated facilities. A car wash may be: a. A single unit type that has a single bay or a group of single bays with each bay to accommodate one vehicle only; or b. A tunnel type that allows washing of multiple vehicles in a tandem arrangement while moving through the structure. P P P P Wash bays + 5 queue spaces
Large Vehicle Sales And Service These establishments retail new or used larger vehicles (not included in car dealers' category), such as buses, recreational vehicles (RVs), motor homes, and large trucks. Often these establishments also provide repair services and sell replacement parts and accessories. P P Indoor
1: 500 sf
Outdoor
1: 1000 sf
Motor Vehicle Sales, New A motor vehicle retail establishment or "car dealer" operated by a franchised dealer. A "franchised dealer" means a person who holds a franchised motor vehicle dealer's license issued under the Texas Transportation Code, and is engaged in the business of buying, selling, or exchanging new motor vehicles at an established and permanent place of business under a franchise in effect with a manufacturer or distributor. Accessory uses may include the sale of used motor vehicles, auto service, and auto repair activities, as defined elsewhere in this UDC. Vehicles that are stored for more than twenty-four (24) hours and are not for sale or rent are considered Outdoor Storage. P P P Indoor
1: 500 sf
Outdoor
1: 1000 sf
Motor Vehicle Sales, Used An establishment engaged in the business of selling used motor vehicles. A "used motor vehicle" is a vehicle that has been sold to a retail customer for purposes other than resale. S-12 S-12 P-12 S-12 Indoor
1: 500 sf
Outdoor
1: 1000 sf
Specialty Vehicle Sales, New This use comprises establishments retailing new specialty vehicles. Specialty vehicles include motorcycles, motor scooters, motor bikes, mopeds, off-road all-terrain vehicles, boats, jetskis, and other similar vehicles and trailers. Included in this use are repair services and sales of replacement parts and accessories. Accessory uses may include the sale of used specialty vehicles. P P P Indoor : 1 : 500 sf
—Outdoor : 1 : 1000 sf
Specialty Vehicle Sales, Used This use comprises establishments retailing used specialty vehicles. Specialty vehicles include motorcycles, motor scooters, motor bikes, mopeds, off-road all-terrain vehicles, boats, jetskis, and other similar vehicles and trailers. Included in this use are repair services and sales of replacement parts and accessories. S Indoor : 1 : 500 sf
—Outdoor : 1 : 1000 sf
Business, Professional And Technical Services This subcategory includes a range of office and business services and facilities that include executive, management, administrative, medical, professional and business support services not specifically listed elsewhere in this Ordinance, but not involving the sale of merchandise except as incidental to a permitted use. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.
General Office—Includes Administrative Services, Business, Professional, And Technical Services Typical office establishments in any business area fall in this category. Offices for corporate, professional, scientific, and technical and administrative services for others. P P P P P P P P P 1 : 500 sf
Services Related To Buildings (Janitorial, Landscaping, Cleaning, Etc.) These establishments provide services, such as pest control, janitorial activities, landscaping, carpet and upholstery cleaning, and other services for buildings and dwellings. P P P P P P P P P P 1 : 500 sf
Financial And Real Estate Services This subcategory includes a range of uses related to retail banking and financial services to individuals and businesses.
Alternative Finance Institution A payday advance/loan business or a motor vehicle title loan business. An alternative financial institution does not include state or federally chartered banks, community development financial institutions, savings and loans, credit unions, or regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code. If a regulated lender licensed in accordance with Chapter 342 of the Texas Finance Code also offers services as a 'credit service organization' and/or a 'credit access business' under Chapter 393 of the Texas Finance Code, that business is an alternative financial establishment. P-10 P-10 P-10 P-10 P-10 1 : 500 sf
Banks, Investment, Or Financial Institution An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. Accessory uses may include automatic teller machines, drive-thru service, offices, and parking. This excludes bail bonds, pawnshops, payday advance/loan businesses, and motor vehicle title loan businesses. Additionally, it excludes regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code that also offer services as credit access businesses under Chapter 393 of the Texas Finance Code. P P P P P P P P 1 : 500 sf
Bail Bond Service An establishment that solicits, negotiates, and executes bonds or other security to guarantee the appearance in court of a person accused of a crime. P-10 P-10 P-10 P-10 P-10 1 : 500 sf
Property Management Services This use comprises establishments that manage real property for others. Management includes performing various services associated with overall operation of property, such as collecting rents, and overseeing services such as maintenance, security, and trash removal. Included in this category are owner-leasers and establishments renting real estate and then acting as leasers in subleasing it to others. Establishments may manage the property themselves or have another establishment manage it for them. P P P P P P P P P P 1 : 500 sf
Real Estate Services Establishments that are in the business of selling or leasing real estate including residential, retail, office buildings, manufactured homes and sites, vacant lots, and acreage. It also includes real estate appraisers (which estimate the market value of real estate), and other establishments performing real estate related services while not leasing buildings. P P P P P P P P P 1 : 500 sf
Food And Beverage Services Businesses that serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, and parking.
Alcohol Production and Tasting/Tap Room, Micro with Food Sales A facility 15,000 sq. ft. or smaller where beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and that possess the appropriate licenses from the State of Texas. This facility also prepares and sells beverages for immediate consumption on-site. P-12 P-12 P-12 P-12 P-12 P-12 P-12 P-12 Production Area 1 : 1000 sf
—Tasting Room 1 : 250 sf
Alcohol Production and Tasting/Tap Room, Macro with Food Sales A facility 15,000 sq. ft. or smaller where beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and that possess the appropriate licenses from the State of Texas. This facility also prepares and sells beverages for immediate consumption on-site. P-12 P-12 P-12 Production Area 1 : 1000 sf
—Tasting Room 1 : 250 sf
Bar Or Drinking Establishment An establishment licensed by the State for the sale of alcoholic beverages, that derives more than 75 percent of the establishment's gross revenue from the on-premise sale of alcoholic beverages for on-premises consumption. P-12 P-12 P-12 P-12 P-12 P-12 P-12 P-12 1 : 250 sf
Catering Service A food establishment without on-site banquet facilities that provides, prepares, and/or serves food at off-site locations for groups, where all food and service expenses are paid by the group and not for individual sale. P P P P P P P P P 1 : 500 sf
Food Truck Park More than three (3) mobile food businesses that congregate at an established private property location to offer food or beverages for sale to the public. P-15 P-15 P-15 P-15 P-15 P-15 2 : Food truck site
Full-Service Restaurant Full-service restaurants provide food services to patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating. They may provide this service in combination with selling alcoholic beverages, providing takeout services, or presenting live nontheatrical entertainment. If alcoholic beverages are sold for on-premises consumption, such use is considered a Bar Or Drinking Establishment. P P P P P P P P P P 1 : 250 sf
Restaurant With Take-Out Or Delivery Only (Limited Service) A food establishment that is open to the public, where food and beverages are prepared primarily for carry-out by the consumer or delivery by the establishment and not for consumption on the premises. This classification typically includes pizza delivery, specialty food and beverage shops, or baked goods shops. This classification does not include mobile food establishments. P P P P P P P P 1 : 400 sf
Lodging Facilities This subcategory includes for-profit establishments where lodging, meals, and the like are provided to transient visitors and guests for a defined period.
Bed And Breakfast Establishment A bed and breakfast (B&B) establishment is defined as a private residence that offers sleeping accommodations to lodgers in five (5) or fewer rooms for rent, is the innkeeper's principal residence while renting rooms, and serves breakfast at no extra cost. A lodger is a person who rents a room in a B&B establishment for less than thirty (30) days. S-13 P-13 P-13 P P P 1 : Bedroom
Full-Service Hotel A building or group of buildings providing transient lodging accommodations to the general public for compensation, where each guest room is accessed from an interior corridor, and that includes ancillary facilities and services such as restaurants, meeting rooms, personal services, recreational facilities, daily housekeeping service, and 24-hour front desk service. P P P P P P P P 1 : Guest room + 1 : 8 seats for meeting room/restaurant
Limited Service Or Extended Stay Hotel/Motel A building or group of buildings providing transient lodging accommodations to the general public for compensation, where each guest room may be accessed from an interior or exterior hallway. Accessory uses may include meeting rooms, clubhouse, and recreational facilities intended for the use of residents and their guests. This definition shall not include other dwelling units as defined by this UDC. P P P P S S S P 1 : Guest room
Other Commercial Uses Commercial uses not listed in other subcategories.
Sexually Oriented Business Any commercial enterprise in which the 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 the customers. This use shall include, but not be limited to, adult arcades, adult bookstores or adult video stores, adult cabarets, adult motels, adult motion picture theaters, or nude model studios. S-19 Established per SUP
Structured Parking As a principal use, a structure for parking that is operated as a business enterprise with a service charge or fee being paid to the owner or operator for the storage or parking of privately owned vehicles, and is not reserved or required to accommodate occupants, clients, customers, or employees of a particular establishment or premises. Such use may also include a municipal parking garage. P P P P P P P P P n/a
Surface Parking Lots As a principal use, a surface parking area that is operated as a business enterprise with a service charge or fee being paid to the owner or operator for the storage or parking of privately owned vehicles, and is not reserved or required to accommodate occupants, clients, customers, or employees of a particular establishment or premises. Such use may also include a municipal parking lot. P P P P P n/a
Recreation And Entertainment Uses (Indoor) Uses that provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities.
Banquet Or Meeting Facility An establishment that is leased on a temporary basis before the day of the event by individuals or groups who reserve the facility to accommodate private functions, including, but not limited to, banquets, weddings, anniversaries, receptions, business and organizational meetings, and other similar functions, to which the general public is not admitted and for which no admission charge is imposed. Such establishments may include kitchen facilities for the preparation of food or catering of food and areas for dancing, dining, and other entertainment activities that customarily occur in association with banquets, weddings, or receptions. S S S S Non-Fixed Seats 1 : 150 sf or Fixed Seats 1 : 4 seats
Indoor Amusement Establishment This category shall include facilities for a wide variety of sport, entertainment, games of skill, or recreation to the general public for a fee where the activity takes place within an enclosed structure. Examples include but are not limited to bowling, billiards, darts, paintball, laser tag or similar activities; gymnasium or indoor arena; basketball, handball, soccer, and tennis courts; hockey rinks; swimming pools; physical fitness centers; and amusement devices. P P P P P P P Theater : 1 : 4 seats
Bowling Alley
1 : 3 lanes
Other : 1 : 300 sf
Shooting Club (Indoor) This category includes indoor facilities especially designed for the safe discharge and use of handguns, rifles, or other firearms for the purpose of sport-shooting or law enforcement training. P P P 1:500 sf
Theater (Movie, Music, Drama, Or Dance) A structure that is used for dramatic, operatic, musical, motion picture, or other performance or entertainment-related activities, where admission is charged per performance or event. Such establishments may include incidental services such as food and beverage sales and other concessions. P P P P P P P 1 : 4 seats
Recreation And Entertainment Uses (Outdoor) Uses that provide recreation or entertainment activities inside and/or outside of an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities.
Country Club Or Golf Course A facility or area laid out for recreational, athletic, and social purposes that may have limited membership. A golf course may be included as an additional principal use, or may be a stand-alone use. Accessory uses may include retail sales, concessions, maintenance facilities, a club house, and other recreational facilities. P P P P 9 : hole + 1 : 150 sf clubhouse
Outdoor Amusement Establishment Uses that provide a variety of outdoor activities for entertainment and recreation including amusement rides, basketball, baseball, batting cages, go-cart tracks, tennis courts, amusement and theme parks, water parks, marinas, water sports, and other activities not specifically listed under this general category. These uses may include indoor arcade facilities and food and beverage sales as well. P P P P P 1 : 3 patrons
Shooting Club (Outdoor) A facility or area for the sport of shooting at targets to test accuracy in rifle, pistol, or archery practice, owned or operated by a corporation, association, or persons, and conducted outside of an enclosed structure. This category includes skeet shooting facilities, target ranges, archery, and similar activities as well as shooting ranges that include both indoor and outdoor activities. P P 1 : 3 patrons
Rental And Leasing Establishments in the rental and leasing category include establishments that provide tangible goods, such as computers, video games, consumer goods, and industrial machinery and equipment, to customers in return for a periodic rental or lease payment. This category does not include car and truck rental which are included in the Auto-related sales and service subcategory.
Car Rental A facility for the rental of cars and passenger truck vehicles. Vehicles kept on the lot for rental purposes are not considered to be outside storage. P P P P 1 : 500 sf office space
Commercial And Industrial Machinery Leasing And Rental These establishments rent or lease:
a) office machinery and equipment, such as computers, office furniture, duplicating machines (i.e., copiers), or facsimile machines;
b) heavy equipment without operators used for construction, mining, or forestry, such as bulldozers, earthmoving equipment, well-drilling machinery and equipment, or cranes;
c) other non-consumer machinery and equipment, such as manufacturing equipment; metalworking, telecommunications, motion picture, or theatrical equipment; institutional (i.e., public building) furniture; or agricultural equipment without operators. 		P P P P Office 1 : 500—Showroom/equipment storage 1 : 1000
Recreational And Consumer Goods Rental These establishments rent recreational goods, such as skis, canoes, bicycles, sailboats, etc. This category also includes establishments that rent personal and household type goods. Establishments generally provide short-term rental although in some instances, the goods may be leased for longer periods of time. These establishments often operate from a retail-like or store-front facility. Rental items include: home health equipment; consumer electronics equipment, such as televisions, stereos, and refrigerators; clothing, such as formal wear, costumes, (except laundered uniforms and work apparel); furniture; and party supplies. P P P P P P 1 : 500 sf
RV, Trailers, And Truck Rental Establishments in this classification rent or lease trucks, truck tractors or buses, semi-trailers, utility trailers, RVs (recreational vehicles), or off-highway transportation equipment. P P 1 : 1000 sf
Retail Sales Retail sales establishments sell merchandise directly to the general public from a fixed point-of-sale location. Retail establishments are designed to attract a high volume of walk-in customers and they often have displays of merchandise and sell to the general public for personal or household consumption Accessory uses may include offices, parking, primarily indoor storage of goods, and assembly, repackaging, or repair of goods for on-site sale.
Alcoholic Beverage Sales (package store) A retail establishment that sells packaged alcoholic beverages, such as ale, beer, liquor, and wine for off-premises consumption only. P-9 P-9 P-9 P-9 P-9 P-9 P-9 1 : 300 sf
Building Materials, Home And Garden Centers These establishments include the retail sale of home building and repair, lawn, and garden supplies, and construction materials such as brick, lumber, and other similar materials. They may also sell other products, such as plumbing goods, electrical goods, tools, housewares, hardware, and home appliances. P P P P 1 : 500 sf
Bulk Apparel Sales (Used) The business of receiving and selling clothing and apparel in larger quantities than they are sold to final consumers but in smaller quantities than they are purchased from manufacturers. P-14 P-14 P-14 1 : 300 sf
Convenience Store A retail establishment that sells convenience goods and other consumable and non-consumable products for off-premises use or consumption that is 6,000 sq. ft. or less. P P P P P P P P P 1 : 300 sf
Department Store, Superstore, Or Warehouse Club These establishments are unique in that they have the equipment and staff capable of retailing a large variety of consumer goods from a single, and relatively large location (generally over 80,000 sq. ft.). They retail a wide range of products with no one merchandise line predominating. Products may include: apparel, furniture, appliances and home furnishings, paint, hardware, toiletries, cosmetics, photographic equipment, jewelry, toys, and sporting goods. Merchandise lines may be arranged in separate departments. Use this classification for establishments known as warehouse clubs, superstores or supercenters retailing a general line of groceries in combination with general merchandise. P P P P P 1 : 300 sf 1 : 500 if larger than 50,000 sf
Durable Consumer Goods Sales (Computers, Clothing, Art Supplies, Florist, Shoes, Jewelry, Etc.) Establishments in this retail sales category offer a wide range of product lines that often include: clothing, florists, sporting goods, art supplies, shoes, jewelry, toiletries, cosmetics, photographic equipment, toys, books and magazines, furniture, furnishings, appliances, electronics, automotive parts, and dry goods. Examples of such establishments are: department stores, warehouse clubs, superstores or super centers (with the exception of grocery stores). P P P P P P P P 1 : 300 sf
E-cigarette retailer An establishment specializing in the sale of electronic cigarette products including E-cigarettes, "e-cigs," "vapes," "e-hookahs," "vape pens," and "electronic nicotine delivery systems (ENDS)" P-19 P-19 P-19 P-19 P-19 P-19 P-19 1: 300 sf
Fuel Pumps (Accessory) Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. Such use is permitted only in conjunction with a permitted primary use. P-26 P-26 P-26 P-26 P-26 P-26 P-26 P-26 n/a
Furniture And Home Furnishings These establishments sell products, such as household furniture (e.g., baby furniture box springs and mattresses) and outdoor furniture, office furniture (except those sold in combination with office supplies and equipment), floor coverings (rugs, carpets, vinyl floor coverings, and floor tile not only ceramic or wood), and window treatments (curtains, drapes, blinds, and shades). Some of these items may be sold in combination with major appliances or home electronics, or in combination with installation and repair services. P P P P P P P P 1 : 500 sf
Grocery Store or Supermarket Supermarkets and other grocery stores retail a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. Included in this class are meat and seafood markets, delicatessen-type establishments, and establishments retailing baked goods (usually made off-premises). These establishments may include pharmacies, banks, or cafes. P P P P P P P P P P 1 : 300 sf
Pawn Shop A building or premises (other than a bank, savings and loan, or mortgage banking company) used for the business of lending money on the security of pledged goods, or for the business of the purchase of tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, and for the retail sale of pawned or repurchased items. P-16 1 : 300 sf
Personal Services An establishment, whether for compensation or not, that provides care, advice, aid, maintenance, repair, treatment, or assistance. Typical examples include barber/beauty shop, spa/salon, shoe repair, tailor, laundry or dry cleaning services, handcrafted or instructional arts studio, photography studio, safe deposit boxes, travel bureau, house cleaning services, weight reduction centers, florist (excluding greenhouses), or pet grooming shop. Boarding is not an incidental use to pet shops or pet grooming shops. P P P P P P P P P 1 : 200 sf
Used Goods Sales Establishment for the sale of any goods, materials, or other articles of merchandise that are not new. This definition includes items that have been used or worn previously by another, consignment stores, antique malls, and "cash for gold" businesses. Such use does not include bulk sales. P P P P P P P P 1 : 300 sf

 

E.

Industrial Uses.

This category includes uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. Industrial subcategories and uses are as follows:

1.

Construction-Related Businesses.

2.

Manufacturing.

3.

Transportation-Related Businesses.

4.

Utilities and Utility Services.

5.

Warehouse and Storage.

6.

Wholesale Trade (Not Resale).

Use Definition
AG
RE
R-1
R-2
R-3
CC
RC
LI
HI
TN
TN-MU
TN-C
DE
DG
DC
MOD Parking Ratios
Construction-Related Businesses These establishments either build buildings or structures, or perform additions, alterations, reconstruction, installation, and repairs. They may also provide building demolition or wrecking services. Establishments engaged in blasting, test drilling, landfill, leveling, earthmoving, excavating, land drainage, and other land preparation are included as well. This category reflects the unique processes and site needs such as equipment and material storage, etc. of these establishments.
Machinery Related Contractors' Yards And Storage A facility or area for the outdoor storage of building materials, tools, heavy machinery, dump trucks, or commercial and heavy equipment used in relation to construction uses and related businesses. P P 1 : 1000 sf
Specialty Trade Contractor Establishments that specialize in construction activities, such as plumbing, painting, and electrical work. Special trade contractors usually work at the job site, although they may have shops for storage, prefabrication and other work. Specialty trade contractors include carpentry, floor, tile, roof, concrete, electrical, glass, glazing, masonry, drywall, painting, plumbing, HVAC, and similar activities. P-20 P P P P-20 1 : 1000 sf
Asphalt Or Concrete Batch Plant A facility or area, which is not temporary in nature, for mixing concrete or asphalt. P 5 spaces
Excavation Related Services These establishments provide a range of excavation related services needed for development and building construction. Activities performed include shaft drilling, foundation digging, foundation drilling, and grading. P n/a
Wrecking And Demolition Establishment (Including Junk Yards) These establishments provide wrecking and demolition of buildings and structures; this includes underground tank removal and the dismantling of non-hazardous steel oil tanks. This category also includes establishments that provide wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn out, wrecked, or abandoned automobiles, trucks, tractors, stoves, refrigerators, or machinery of any kind or of any of the parts thereof, or for the maintenance or operation of such place for the accumulation of rubbish of any description such as old iron, glass, paper or other waste that may be used again in some form. Some of these establishments may sell materials derived from demolishing operations. P 1 : 1000 sf
Manufacturing This subcategory includes establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Manufacturing establishments are located in plants, factories, or mills and employ power-driven machines and materials-handling equipment. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included, such as establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. Goods are generally not displayed or sold on site, but if so, such activity is a subordinate part of sales. Relatively few customers come to the manufacturing site.
Food And Beverage Processing A facility or area in which food for human consumption in its final form, such as candy, baked goods, tortillas, soda, beer, and ice cream is produced, and the food is distributed to retailers or wholesalers for resale on or off the premises. Food or beverage processing using mechanized assembly line production of canned or bottled goods is excluded from this definition. P 1 : 1000 sf
Alcohol Production, Macro A facility over 15,000 sq. ft. where beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and that possess the appropriate licenses from the State of Texas. No alcoholic beverages are consumed on-site. P P P 1 : 1000 sf
Paper And Printing Services These uses primarily manufacture paper and offer printing-related products. Excluded are photosensitive papers, which are classified in chemical and plastics. Printing establishments print products (e.g. newspapers, books, periodicals, and greeting cards) and perform support activities, such as bookbinding, plate making services, and data imaging. Clothing printers are included if their primary activity is printing, not clothing manufacturing (e.g., T-shirt printing is included, but fabric printing is not). P 1 : 1000 sf
Furniture And Related Product Manufacturing These establishments manufacture furniture and related articles, such as mattresses, window blinds, cabinets, fixtures, furniture parts, and frames. Processes include the cutting, bending, molding, laminating, and assembling of materials, such as wood, metal, glass, plastics, and rattan. Aesthetic and functional design also plays an important part in the production of furniture. Design services may be performed by the furniture establishment's work force or may be purchased from industrial designers. P 1 : 1000 sf
Machinery, Appliance, Electrical Equipment, Electronics, And Components These uses include a range of manufacturing activities. It includes establishments that make machinery for particular applications, such as agriculture, construction, mining, ventilation, industrial/commercial heating and cooling, and metalworking. It also includes establishments manufacturing electrical products, including motors and generators and manufacturers of household appliances, including heaters, refrigerators, and air conditioners. P P 1 : 1000 sf
Transportation Equipment And Automobiles These establishments produce equipment for transporting people and goods. Although transportation equipment is a type of machinery, assembly tends to be distinct from the production processes common in the machinery manufacturing. P 1 : 1000 sf
Pharmaceutical and Medical Equipment Laboratory and Manufacturing The process of industrial scale synthesis of pharmaceutical drugs as part of the pharmaceutical industry, as well as the design and manufacturing of medical products for diagnosing, monitoring, and treating diseases and conditions. This includes research and development but excludes biomedical testing on live animals P P 1: 1000 sf
Miscellaneous Manufacturing (Jewelry, Toys, Games, Office Supplies, Custom Crafts, Etc.) All other manufacturing establishments not classified elsewhere. Some of these include jewelry, silverware, dolls, toys, games, musical instruments, office supplies, inks, and signs. P P 1 : 1000 sf
Chemicals, And Metals, Machinery, And Heavy Manufacturing These industries transform or refine chemicals or metals, and manufacture products from chemicals or metals. Establishments in this category include petroleum or coal products; chemical, plastics, or rubber products; or primary metal manufacturing. P 1 : 1000 sf
Transportation-Related Businesses Physical facilities involved in the movement of people or goods, which may include highways, flight-related facilities, rail transit lines, and other similar facilities.
Impound Yard For Towed Vehicles (Not Inoperable Vehicles) A parking lot that serves as a holding place for cars that have been impounded until they are placed back in the control of the owner. P-29 P-29 1 : 1000 sf
Air Transportation Related Uses A facility or area for the landing and taking off of fixed or rotary wing aircraft. This uses shall include any airport terminal, air traffic control towers, aircraft hangars, and other related facilities. It shall also include heliports for the landing and takeoff of helicopters P P 1 : 1000 sf
Rail Transportation Related Uses A facility or area for the maintenance, repair, or storage of bus, rail (including freight), or other transit vehicles. P P 1 : 1000 sf
Other Local, Regional, Intercity Transportation Uses (Public And Commercial) All other transportation related activities and storage, including but not limited to: school bus transportation, rural and special needs transit operations, local transit, inter-city bus, charter bus, and similar establishments. P P P 1 : 1000 sf
Taxi, Bus, And Limousine Service These establishments provide passenger transportation by automobile or van, not over regular routes or regular schedules. Taxicab owner/operators, taxicab fleet operators, and taxicab organizations are included. Also included are limousine and luxury sedan establishments, which may provide an array of specialty and luxury passenger transportation services including dispatch centers and support Services. P P P P P P 1 : 1000 sf
Courier, Messenger, And Postal Service Centers These establishments include courier and messenger services that provide air, surface, or combined courier delivery services of parcels and messages within or between metropolitan areas or urban centers. These establishments may form a network including local, and point-to point pick-up and delivery. This category also includes USPS establishments that perform one or more postal services, such as sorting, routing, and delivery on a contract basis. This category shall not include customer service and retail operations of such courier, messenger, or postal service. These shall be considered under the Business, Professional, and Technical Services category or Public or Governmental Functions (USPS). P P P P 1 : 1000 sf
Truck And Freight Transportation Services Truck and freight transportation uses provide over the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers. This category includes general freight trucking and specialized freight trucking. General freight transportation establishments handle a wide variety of commodities, generally palletized, and transported in a container or van trailer.
Specialized freight transportation requires specialized equipment due to the size, weight, shape, or other inherent characteristics of the cargo. These establishments may be located in conjunction with Warehouse and Storage establishments. 		P P 1 : 1000 sf
Utilities And Utility Services The use of land for lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and facilities for the generation of electricity.
Utility Lines, Towers Or Metering/Pumping Station Local utilities such as electrical power, telephone, gas, water, and sewer drainage lines; air pollution monitoring stations; in-line facilities such as gas regulating stations and water wells or pumping stations; sewage pumping stations; telephone exchange, switching and transmitting equipment; and electrical transmission lines operated by a municipality or a franchised utility company. P P n/a
Sewer, Solid Waste, Recycling, And Related Services These facilities collect, treat, and recycle or dispose of waste materials. Establishments locally haul waste materials; operate materials recovery facilities (i.e., sort recyclable materials from trash); provide remediation services (i.e., the cleanup of contaminated sites); operate sewer systems or sewage treatment facilities; or provide septic pumping or other miscellaneous waste management services. P 1 : employee on largest shift
Natural Gas, Petroleum, Fuel Related Services This use encompasses:
1) establishments operating fuel (gas or petroleum) distribution systems (e.g., mains, meters);
2) fuel marketers that buy fuel from the well and sell it to a distribution system;
3) fuel brokers or agents that arrange the sale of fuel over fuel distribution systems operated by others; and
4) establishments that transmit and distribute fuel to final consumers. 		P 1 : 1000 sf
Electric Utility Services (Includes Generating Plants And Sub-Stations) A facility or area that generates electricity from mechanical power produced by solar, gas, coal, wind, hydraulic power sources, or nuclear fission franchised by the State. This category also includes electric transmission lines, substation facilities for transforming electricity for distribution to individual customers. P P n/a
Telecommunications Equipment And Facilities (Building Mounted) Any telecommunications equipment and facilities attached to an existing building or tower not built for the exclusive purpose of hosting such facilities or equipment. P P P P P P P n/a
Telecommunications Tower Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae that transmit information (audio, video, data) in the form of electromagnetic signals to one or more receivers without the use of a physical connection between the transmitting and receiving source. The term includes but is not limited to lattice towers, guyed towers, and monopole towers. The term does not include a clock tower, bell tower, steeple, light pole, power pole, water tower, or similar structure that incidentally supports antennae. Towers may be freestanding or building-mounted, and may be concealed or unconcealed. An auxiliary structure housing electronic communications equipment is permitted as part of this use. S-21 S-21 S-21 S-21 S-21 n/a
All Other Utility Related Uses (Other Than Listed) A facility or area for a utility installation not specifically listed in this UDC. P P P n/a
Warehouse And Storage These service establishments operate warehouse and storage facilities for wholesale trade, general merchandise, refrigerated goods, and other warehouse products. They provide the facilities to store goods but do not sell the goods they handle. They may also provide a range of services related to the distribution of goods, such as labeling, breaking bulk, inventory control and management, light assembly, order entry and fulfillment, packaging, pick and pack, price marking and ticketing, and transportation arrangement. This category also includes commercial mini-storage or self-storage facilities. There is little on-site sales activity with the customer present.
Distribution Center Or Warehouse Buildings or areas for distribution of manufactured products, supplies, and equipment. This definition excludes the bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. P P 1 : 1000 sf
Self-Storage Or Mini Storage A facility or area where enclosed storage space, divided into separate smaller compartments, is provided for use by individuals to store personal items or by businesses to store materials for operation of a business establishment at another location. Related activities, such as retail sale of packing and moving materials and the rental of moving equipment, including vans and trucks, are allowed as incidental uses. The sale of merchandise from leased storage units by tenants is strictly prohibited P-19 P P P P-19 1: 10,000 sf
of Aggregate area/
min. 5 spaces
Any Outdoor Storage Related To An Industrial Use Any use in the Industrial use category that provides outside (with or without roof) storage of equipment, inventory and materials, or finished products. P-29 P 1 : 1000 sf
Wholesale Trade (Not Resale) Wholesaling is an intermediate step in the distribution of merchandise. Wholesalers either sell or arrange the purchase of goods to other businesses and normally operate from a warehouse or office. They may be located in an office building or a warehouse. Unlike retailers, their warehouses and offices have little or no display of merchandise. Whether the establishment is in a warehouse or an office building depends on a combination of activity and structure-type dimensions.
Wholesale of Durable and Nondurable Goods Establishments in the durable goods subcategory sell or arrange the purchase or sale of durable and nondurable goods to other businesses. P P 1 : 1000 sf

 

F.

Accessory Uses.

1.

Accessory Uses Allowed.

a.

Accessory uses are permitted only in relation to lawfully established principle uses.

b.

Accessory uses are limited to those stated in this chapter, as well as those which are determined by the Planning Director to satisfy all of the following criteria:

(i)

They are customarily found in conjunction with the subject principle use;

(ii)

They are subordinate and clearly incidental to the principle use of the property; and

(iii)

They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principle use.

2.

Time of Construction and Establishment.

a.

Accessory uses may be established only after the principle use of the property is in place.

b.

Accessory structures may be established in conjunction with or after the principle building or use. They may not be established before the principle building or use is in place.

3.

Location. Accessory uses must be located on the same lot as the principle use to which they are accessory.

4.

Compliance with Zoning District Requirements. Unless otherwise expressly stated, accessory uses are subject to the same zoning district requirements that apply to principle uses.

Use Definition
AG
RE
R-1
R-2
R-3
CC
RC
LI
HI
TN
TN-MU
TN-C
DE
DG
DC
MOD Parking Ratios
Animal Related Service With Outdoor Pens Or Runs These establishments shall include any animal-related use that has fenced outdoor areas for animals associated with the primary use. P-11 Established per principle use
Child Care Home (< 6 Children) Regular care occurring in the caretaker's own residence for not more than six (6) children, including children who are related to the caretaker. See Chapter 42 of the Texas Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services. P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 Per dwelling unit
Child Care Home (7-12 Children) Regular care occurring in the caretaker's own residence for not more than twelve (12) children, including children who are related to the caretaker. See Chapter 42 of the Texas Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services. S-6 S-6 S-6 S-6 P-6 P-6 P-6 P-6 P-6 Per dwelling unit or as established per SUP
Drive Thru (Accessory) An accessory use typically associated with restaurants, banks, pharmacies, and other uses to accommodate drive-up traffic. Such use is permitted only in conjunction with a permitted primary use. P-23 P-23 P-23 P-23 P-23 P-23 S-23 S-23 S-23 P-23 n/a
Dwelling, Accessory A dwelling unit that is attached or detached from the primary on-site structure, is used as a residence, is incidental to the main structure. P-24 P-4 P-24 P-24 P-24 P-24 P-24 P-24 P-24 P-24 P-24 1 : Dwelling unit
Electric Vehicle Charging Stations (Accessory) Battery charging station equipment, such as electric vehicle connectors and attachment plugs, that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle, electric vehicle charging stations include level 1, 2, and 3 charging levels. P-30 P-30 P-30 P-30 P-30 P-30 P-30 P-30 P-30 P-30 n/a
Food Truck (Accessory) A large wheeled vehicle from which food is sold that typically contains cooking facilities where the food is prepared. P-25 P-25 P-25 P-25 P-25 P-25 P-25 P-25 P-25 P-25 n/a
Fuel Pumps Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. Such use is permitted only in conjunction with a permitted primary use. P-26 P-26 P-26 P-26 P-26 P-26 P-6 P-26 n/a
Funeral Home Crematory A place for the preparation and cremation of human or animal bodies. Only permitted as an accessory to a Funeral Home. Only permitted as an accessory to a Funeral Home. S S S S S Established per SUP
Home Occupation Any occupation that is performed at home that is not apparent from outside the home. This term does not include beauty schools, doctor's office, or treatment of patients. P-27 P-27 P-27 P-27 P-27 P-27 P-27 P-27 P-27 P-27 P-27 P-27 P-27 Established per principle use
Outdoor Display The display of finished products and services outside of a building or structure, including burial monuments, landscape materials, pottery and yard décor, equipment not elsewhere classified, and similar materials or items. Such use is accessory to a related primary use. P-28 P-28 P-28 P-28 P-28 P-28 P-28 P-28 P-28 Established per principle use
Outdoor Storage The continuous keeping or storage of any unfinished goods, materials, or equipment that is related to the principal use's business operation located outside of a building for more than twenty-four (24) hours. Vehicles that are stored for more than twenty-four (24) hours and are not for sale or rent are considered Outside Storage. P-9 P-29 P-29 P-29 P-29 P-29 Established per principle use

 

(Ord. No. 2024-235.105, 4-2-2024 Ord. No. 2025-235.110, § 2, 3-4-2025; Ord. No. 2024-235.111, § 1, 3-4-2025; Ord. No. 2025-235.116, § I, 6-3-2025; Ord. No. 2025-235.118, §§ 2, 5, 6 (Exhs. B, E, F), 6-3-2025)

4.4.4 - Additional Use Standards.

A.

Applicability—Permitted Uses.

The following additional use standards shall apply, as indicated in the Permitted Use Chart:

Residential Uses

1.

Dwelling, Live/Work. A live/work dwelling includes both live and work uses within a single dwelling unit.

a.

The 'live' component:

(i)

Shall be occupied by the business operator; and

(ii)

May be located on the street level behind the 'work' component or any other level of the building.

b.

The 'work' component:

(i)

Is limited to the uses of professional offices, artists' workshops, studios, or other similar uses and is located on the street level; and

(ii)

May be constructed either as separate units or as a single unit.

c.

Live/work is distinguished from a home occupation otherwise defined herein in that the work use is not required to be incidental to the dwelling unit and customers may be served on site.

d.

Each portion of a live/work dwelling shall comply individually with applicable building codes.

2.

Dwelling, Townhouse (Single-family attached or multi-family).

a.

Townhouse dwellings shall be constructed on individual lots that are platted in accordance with Article 3 Subdivision Regulations.

3.

Community Group Home for People with Disabilities.

a.

Applications for a Community Home for Persons with Disabilities shall include, but not limited to, the following information:

(i)

Current State license information, and

(ii)

On-site responsible party and contact information.

b.

In accordance with Section 123.008 of the Human Resources Code, no Community Home for Persons with Disabilities shall locate within one-half mile of another Community Home for Persons with Disabilities.

c.

The amount of on-site parking shall not exceed the required number of parking spaces by more than three (3) spaces.

d.

All Community Homes shall require an interior and exterior inspection of the property prior to the issuance of a Certificate of Occupancy and annually thereafter by the Building Official, Building Inspector, and Code Enforcement Officials.

4.

Halfway House.

a.

A halfway house must be at least 2,000 feet from other halfway house or inpatient substance abuse treatment facility, measured property line to property line.

b.

A halfway house must be at least 750 feet from any community home or group home, notwithstanding any additional distance restrictions of Federal, State or local law for moderate and high risk (level 2 and 3) and civil commitment sex offenders, measured property line to property line.

c.

The appearance and residential character of the structure cannot be altered, either through use of colors, materials, construction (excepting provisions for the physically handicapped) and Lighting; the emission of sound, noise, vibration and electromagnetic interference; or outdoor storage of any kind.

d.

Signs identifying the property as a halfway house are prohibited in residential zoning districts.

e.

Vehicles used primarily for the halfway house (for instance, vans displaying an institution name) must be stored where they cannot be seen from the public right-of-way or adjacent properties when located in a residential zoning district.

f.

Any single-family dwelling unit to be utilized for a halfway house shall provide as a minimum, the following square footage in each bedroom:

(i)

To house one person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose.

(ii)

To house two or more persons per bedroom, the dwelling unit must provide at least eighty (80) square feet of space per person housed in the bedroom utilized for this purpose. For example, two persons would require a one hundred sixty (160) square foot room.

5.

Manufactured Homes and Manufactured Home Park/Subdivision.

a.

A Manufactured Home Lot, Manufactured Home Park, or Manufactured Home Subdivision shall comply with the development standards in 4.6.10 Manufactured Home Development.

b.

The minimum lot area for a Manufactured Home Park or Manufactured Home Subdivision shall be a minimum of two (2) acres as required in 4.6.10C.1.a Minimum Lot Area.

c.

Both manufactured home parks and subdivisions shall comply with the Minimum Requirements for all Manufactured Home Development in 4.6.10C.1, however additional development standards apply to both manufactured parks and subdivisions.

(i)

Refer to 4.6.10C.2 for Additional Requirements for Manufactured Home.

(ii)

Refer to 4.6.10C.3 for Additional Requirements for Manufactured Home Subdivisions.

Public, Civic and Institutional Uses

6.

Child Care Home.

a.

Child care homes must be an accessory use to an allowed household living use and be licensed by the State of Texas.

b.

Applicants for family child care homes must obtain a zoning clearance permit and a certificate of occupancy before commencing operation.

c.

Child care homes may provide supervision for no more than 6 children.

d.

No person may be employed other than a member of the household residing on the premises or a non-resident, substitute caregiver, as may be required for family child care homes by the State of Texas.

e.

Signs advertising a family child care home are prohibited.

f.

No exterior building alterations or site modifications may be made that would change the residential character of the premises.

g.

A family child care home may not be established on any lot located within 300 feet of another lot occupied by a family child care home if any boundary of the subject lot abuts the same street.

7.

Correctional Institution.

a.

To avoid over-concentration, all detention and correctional facilities must be separated from one another by a minimum distance of 2,640 feet, as measured in a straight line from the nearest point on the lot line of the property occupied by one of these uses to the nearest point on a lot line of the other property occupied by one of the subject uses.

b.

The separation distance requirements of this subsection may be reduced if approved through the special exception approval process.

8.

Recreation Center.

a.

Recreation Centers located in the RE, R-1, and R-2 zoning districts shall be set back from residential dwellings at least fifty (50) feet.

Commercial Uses

9.

Alcoholic Beverage Sales

a.

The premises shall nowhere be within a radius of 200 feet from public school property.

10.

Alternative Financial Institution and Bail Bond Service

a.

These uses shall not be located within one-half (1/2) mile of another existing Alternative Financial Institution or Bail Bond Service measured from property line to property line.

b.

Any Alternative Financial Institution shall be considered a principal use and may not be considered as an accessory use.

11.

Animal Production and Ranching, and Animal Related Service Uses

a.

Animal Production and Ranching, and Animal Related Service Uses shall comply with Chapter 10 - Animal Regulation and Care of the Brownsville Code of Ordinances.

b.

Whenever an Animal Production and Ranching or Animal Related Service Use is located on a lot abutting an R or AG zoned lot, a screening fence or wall must be provided along the common property line.

12.

Motor Vehicle Sales, Used

a.

Only those properties fronting Southmost Boulevard and Padre Island Highway which do not directly abut a property zoned to a residential district (RE, R1, R2, & R3) or a property used for single-family, duplex, or multifamily purposes, shall qualify to apply for a Specific Use Permit to allow the sale of used motor vehicles.

b.

An existing used motor vehicle sales establishment holding a certificate of occupancy issued prior to the adoption of the Unified Development Code shall be considered legally non-conforming and may continue to operate as such until the use ceases operations for more than six consecutive months.

13.

Bar or Drinking Establishment or On-Premise Consumption of Alcohol or Alcoholic Beverage Sales

a.

Alcoholic beverage sales, bars, and on-premise consumption of alcohol shall be prohibited within 300 feet of a religious assembly and institution use, an educational service establishment, or a hospital. Alcoholic beverage sales are also prohibited within 1,000 feet of a private school if the Error! Reference source not found, approves by resolution a request for the 1,000 foot separation f rom the governing body of a private school.

b.

Method of Measurement

(i)

Religious Assembly and Institution Use or Hospital. The measurement of this distance shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

(ii)

Educational Service Establishment. The measurement of the distance between the premises and an educational service establishment shall be from the property line of the educational service establishment to the property line of the place of business, and in a direct line across intersections.

c.

This section does not apply to any establishment that is licensed for the sale or consumption of alcoholic beverages at the time a church, public school or hospital begins construction or occupancy of a building within 300 feet of the licensed establishment. Nor shall it apply to churches, public schools or hospitals that are themselves licensed for the sale or consumption of alcoholic beverages.

d.

This section does not apply to on-premises consumption if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages; off-premise consumption if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or a wholesaler, distributor, brewer, distiller, rectifier, winery, wine bottler or manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas Alcoholic Beverage Code.

e.

A Bar or Drinking Establishment that shares a common property line with property in the AG, RE, R-1, R-2 or R-3 zoning districts or that contains a single family residence shall also comply with the following:

(i)

Outdoor amplification of sound is prohibited unless a Specific Use Permit is granted by the City Commission.

(ii)

Interior finish-out materials such as acoustic tiles or other approved sound-dampening materials shall be installed to maintain a noise level no greater than sixty (60) decibels when measured at the common property line shared by the Bar or Drinking Establishment and an adjacent single family residence or residential zoning district.

13.

Bed and Breakfast Establishment.

a.

Number of guest rooms is limited to five (5).

b.

Parking shall meet standards in 4.6.2 Parking.

c.

Cooking facilities in guest rooms are not allowed.

d.

Individual guest occupancy is limited to no more than fourteen (14) consecutive days within any thirty (30) day period.

e.

Signs shall comply with 5.3 Signs.

f.

Health and Safety Considerations: Shall meet all adopted City, county, and state regulations regarding applicable fire code, health safety including food handling permit requirements.

14.

Bulk Apparel Sales.

a.

Bulk Apparel Sales uses must ensure adequate, enclosed, dumpsters are available on site to accommodate disposal of discarded items.

b.

Trash pick up service must be conducted regularly and frequently enough to ensure dumpsters do not overflow and that dumpster lids are closed at all times they are not being loaded or emptied.

15.

Food Truck Park.

a.

All mobile vendors must have valid required health inspection permits from the City.

b.

Applications for a Food Truck Park shall include the following:

(i)

A detailed site plan showing the location and dimensions of the park area, locations of all proposed mobile vendors, landscaping, building setbacks, vehicle parking, areas for sitting and/or dining, barriers, utility connection locations, and restroom locations;

(ii)

Written permission from the land owner to use the site (unless the applicant is the land owner);

(iii)

A copy of all required health inspection permits;

(iv)

Proposed hours of operation;

(v)

Shared use agreement for restroom facilities (if applicable), as noted by d. below.

c.

Food Truck Park sites are considered a parking lot; therefore, all surfaces must be paved and include the required landscaping outlined in Section 4.6.3 Landscaping.

d.

Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public.

e.

Electrical, water, and wastewater connections shall be provided.

f.

Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking lots.

g.

Food Truck Park sites shall be defined by curbs (i.e., continuous curb cuts are prohibited) to confine ingress and egress to defined access points to ensure the safety of pedestrians within the park.

h.

A barrier shall be located between any vehicular areas and the customer service areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments.

i.

Drive-thrus are not permitted in conjunction with a Food Truck Park.

j.

Signage is allowed on the mobile vendor vehicle itself but no detached signage is allowed.

k.

A waste receptacle is required for every mobile vendor and waste shall be removed daily.

16.

Pawn Shops. Pawn shops shall not be located within one-half (1/2) mile of another existing pawn shop.

17.

Plasma Center. Plasma centers shall not be located within one (1) mile of an existing plasma center.

18.

Sexually Oriented Business. All Sexually Oriented Businesses shall comply with Chapter 22, Article XII. Sexually-Oriented Businesses of the Brownsville Code of Ordinances.

19.

E-cigarette retailer.

a.

E-cigarette retailers shall be prohibited within 1,000 feet of a church, hospital, daycare, or public or private primary or secondary school campuses.

b.

Method of Measurement.

(i)

Religious Assembly and Institution Use or Hospital. The measurement of the distance between the premises and a religious assembly and institution use or hospital, such as a church or hospital, shall be a direct line from front door to front door.

(ii)

Educational Service Establishment. The measurement of the distance between the premises and an educational service establishment, such as a daycare, primary or secondary private or public school shall be a direct line from the closest corner of the property line of the educational service establishment to the closest property line of the place of business.

c.

This section does not apply to any establishment that is licensed for an E-Cigarette Retailer Permit by the Texas Comptroller at the time a church, public or private school, daycare, or hospital begins construction or occupancy of a building within 1,000 feet of the licensed establishment.

d.

This section does not apply to an e-cigarette retailer whose gross receipts from the sale of e-cigarettes are less than 50 percent of the retailer's total gross receipts at the retailer's premises within an area described by subsection (a). For purposes of the calculation of gross receipts, the gross receipts from the sale of e-cigarettes shall also include the sale of consumable hemp products, Cannabidiol (CBD), tetrahydrocannabinol (THC), Delta-8 tetrahydrocannabinol (also called Delta-8 THC or Delta-8), Delta-9 tetrahydrocannabinol (Delta-9 or Delta 9 THC), Delta-10 tetrahydrocannabinol (Delta-10 or Delta 10 THC), or Tetrahydrocannabinolic acid (THCA) products whether consumable or inhalable.

Industrial Uses

20.

Self-storage or Mini storage.

a.

Self-storage or mini storage facilities shall be limited to indoor storage where access is made through a common corridor/entryway within an enclosed structure and is permitted only in the Commercial Corridor (CC) and Traditional Neighborhood-Commercial (TN-C) zoning district. All other districts that permit this use as shown in the permitted use chart may allow outdoor storage facilities.

21.

Specialty Trade Contractors. Specialty Trade Contractor uses in the CC, Corridor Commercial and TN-C, Traditional Neighborhood Corridor zoning districts are limited to office uses unless a Specific Use Permit is approved.

22.

Telecommunications Equipment and Facilities and Towers. All Telecommunications Equipment and Facilities and Towers shall comply with 4.6.9 Wireless Transmission.

Accessory Uses

23.

Carports. Any carport that occupies all or a portion of the street setback or street yard area must be approved in accordance with the special exception procedures of 4.2.11 Zoning Relief.

24.

Drive Thru. Any use with drive-thru facilities (e.g. retail sales, pharmacy, banks, and restaurants.

a.

A Drive-Thru window is only allowed as an accessory to a permitted principal use.

b.

A Drive-Thru window is not automatically included with any use. A Drive-Thru must be allowed as an accessory use to utilize a Drive-Thru window.

c.

See Section4.6.2.F for applicable stacking and queuing requirements.

d.

Within the Medical Overlay District, drive-thru windows are prohibited except for banks and pharmacies.

25.

Dwelling, Accessory.

a.

No more than one (1) Accessory Dwelling Unit for the purpose of a living quarters shall be permitted on a lot.

b.

No more than one (1) household family unit shall occupy an Accessory Dwelling Unit at a time.

c.

Accessory Dwelling Units may be rented or occupied by a guest.

d.

Accessory Dwelling Units must meet the setbacks established for the principal dwelling.

e.

An Accessory Dwelling Unit shall be limited in size to not more than 50% of the total floor area of the principal dwelling's living space.

f.

Accessory Dwelling Units may have a separate utility meter from the principal dwelling.

26.

Food Truck.

a.

One (1) Food Truck may be established as an accessory use on private property where Full-Service Restaurants are permitted by right.

b.

Parking and other site development requirements shall be met for the Food Truck in addition to the principal use on the lot.

c.

Food Trucks may operate on public property (including within the right-of-way of City streets) only in compliance with Chapter 22. Businesses; Article VII. Itinerant Merchants and Transient Dealers.

27.

Fuel Pumps

a.

Fuel Pumps are allowed only as an accessory to a permitted Retail or Grocery principal use.

b.

See 4.6.2 Parking for applicable stacking and queuing requirements.

c.

No more than 1 (one) fuel pump station shall be permitted per intersection.

(i)

This requirement shall only apply independently to each side of an interstate overpass (See Figure 26.1: Fuel Pump Station Permissibility)

28.

Home Occupation.

a.

Home occupations must be accessory and subordinate to the principal residential use of the property.

b.

Home occupations that change the character of the residential building they occupy or that adversely affect the character of the surrounding neighborhood are prohibited. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood. Home occupations must be operated so as not to create or cause a Nuisance.

c.

Any tools or equipment used as part of a home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.

d.

External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior Lighting, the addition of a separate building entrance that is visible from abutting streets or the display of an internally illuminated sign.

e.

No display of any material or merchandise is allowed.

f.

No vehicle required to be registered as a "commercial truck" may be parked or stored on a lot within a residential zoning district. This provision is not intended to prohibit deliveries and pickups by common carrier delivery vehicles (e.g., postal service, united parcel service, FedEx, et al.) of the type typically used in residential neighborhoods.

g.

Prohibited Uses. The following uses are expressly prohibited as home occupations:

(i)

Any type of assembly, cleaning, maintenance, painting or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators);

(ii)

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

(iii)

Equipment or supply rental businesses;

(iv)

Taxi, limo, van or bus services;

(v)

Tow truck services;

(vi)

Taxidermists;

(vii)

Restaurants;

(viii)

Funeral or interment services;

(ix)

Animal care, grooming or boarding businesses; and

(x)

Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and

(xi)

Any use that does not comply with regulations of this section.

29.

Outdoor Display.

a.

Outdoor Display areas shall not be placed or located more than thirty (30) feet from the main building and shall not exceed fifty (50) percent of the linear frontage of the building.

b.

Outdoor Display areas shall be permitted year round.

c.

Outdoor Display areas shall be additionally restricted in regard to occupying required parking spaces.

d.

Outdoor Display areas shall not occupy any of the parking spaces that are required by this UDC for the primary use(s) of the property.

e.

Outdoor Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way. At least sixty (60) inches of pedestrian clear zone shall be provided to allow for circulation.

f.

Outdoor Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

g.

Outdoor Display is permitted only as an accessory use.

30.

Outdoor Storage.

a.

Outdoor Storage is limited to a maximum of ten (10) percent of the total lot area.

b.

Outdoor Storage shall not be located in front of or on top of the building.

c.

See 4.6.4 Fencing and Screening for screening requirements.

31.

Electric Vehicle Charging Stations.

a.

Purpose. The purpose of this section is to provide design criteria and placement standards to encourage and promote safe and efficient electric vehicle charging opportunities in a full range of zones and settings for convenience of service to those that use electric vehicles

b.

Permitted locations.

(i)

Level-1 and Level-2 electric vehicle charging stations are permitted in all zoning districts when accessory to the primary permitted use. Installation shall be subject to building permit approval.

(ii)

Electric vehicle charging stations installed for non-residential uses shall be a Level-2 or higher.

(iii)

Level-3 electric vehicle charging stations are permitted in CC, RC, LI, HI, TN, TN-MU, TN-C, DE, DG, DC and MOD when accessory to the primary permitted use. Installation shall be subject to site and building permit approval.

(iv)

Electric vehicle charging stations are not permitted within the city right-of-way.

c.

Location and layout.

(i)

Electric vehicle charging stations may be placed in existing off-street parking areas but shall not reduce any landscaping within the vehicular use area required pursuant to Section 4.6.3.

(ii)

Electric vehicle charging stations shall meet the landscaping requirements of Section 4.6.3., as applicable.

(iii)

Electric vehicle charging stations shall not impede pedestrian amenities and circulation.

(iv)

Any electric vehicle infrastructure shall be screened from view from the street in accordance with Section 4.6.4.

d.

Design criteria and guidelines.

(i)

Charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the top of surface where mounted and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface.

(ii)

Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. Maintenance shall be the responsibility of the property owner.

(iii)

The minimum size of an electric vehicle charging space is the same as a regular parking space and shall comply with Section 4.6.2. Charging devices may be located adjacent to designated parking spaces but shall not be placed within the minimum dimensions of a parking space.

e.

Lighting. Adequate site lighting shall exist or be installed in compliance with Section 4.6.7.

f.

Signage.

(i)

For each electric vehicle charging space one (1) non-illuminated parking sign fastened to a steel pole is permitted. The surface area of the sign shall not exceed two (2) square feet and the pole shall not exceed six (6) feet in height.

(ii)

For each electric vehicle charging station:

(1)

Information shall be posted identifying the charge level, time available for use, and safety information related to the electric vehicle charging station.

(2)

A phone number or other contact information shall be posted for reporting when the equipment is not functioning, or other problems are encountered.

(3)

One (1) small scale, pedestrian level, adhesive identification graphic is allowed on the charging station and shall not exceed 144 square inches in total area.

(iii)

Signage shall comply with current Manual on Uniform Traffic Control Devices (MUTCD) standards.

g.

Parking requirements.

(i)

Any electric vehicle charging space that is exclusive to a specific make or model of electric vehicle shall not count towards the required minimum parking spaces for the permitted primary use.

(Ord. No. 2025-235.110, § 2, 3-4-2025; Ord. No. 2025-235.111, § 2, 3-4-2025; Ord. No. 2025-234.116, § II, 6-3-2025; Ord. No. 2025-235.118, § 9 (Exh. I), 3-6-2025)

4.4.5 Temporary - Uses

1.

Festivals, Civic Events, Circus, Carnival, and Amusement Rides

a.

Civic events and special events may be conducted within an existing use and ancillary to that use provided it meets the following criteria.

(i)

The event is carried on for a period of time not exceeding seven (7) consecutive days. Applications for alternative zoning districts or extended periods of time are subject to Planning Director approval.

(ii)

Retail sales may be conducted with the primary activity including arts, crafts, food, and other items.

(iii)

Charitable and Nonprofit Organizations may conduct retail sales for fund-raising purposes in any zoning district.

(iv)

Assemblies are carried on out-of-doors, in temporary shelters, or tents.

(v)

A permit is obtained in accordance with the provisions provide herein.

2.

Garage Sale.

a.

Private citizens may conduct garage sales on their own property, provided that no more than one garage sale is held during a three-month period and that the garage sale does not exceed five consecutive days.

3.

Temporary Storage Containers.

a.

Temporary storage containers may be allowed for residential and commercial moving or remodeling.

b.

Temporary storage containers shall be placed on the driveway or parking lot at the furthest point from the street.

c.

Temporary storage containers cannot be placed on any public right-of-way or in grassy areas in the front yard.

d.

Each residential lot shall be limited to two (2) temporary storage containers at a time; no more than twice per calendar year to be placed no longer than ten (10) consecutive days each time unless otherwise approved by the Administrator.

e.

Each nonresidential lot shall be limited to two (2) temporary storage containers at a time; no more than twice per calendar year to be placed no longer than twenty (20) consecutive days each time unless otherwise approved by the Administrator.

f.

If used during remodeling, then the temporary storage container shall be removed within 10 days of final inspection or Certificate of Occupancy issuance.

4.

Seasonal Sales.

a.

Outdoor seasonal sales are temporary uses which include but are not limited to snow cones, Christmas tree sales, pumpkin sales, plant sales, fresh produce sales and similar uses. Outdoor seasonal sales are not intended to include the sale of manufactured items such as furniture, bedding, automobile parts or household goods. It shall also not include fireworks. The following standards shall apply:

b.

The maximum duration of a single seasonal sales permit is fifteen (15) days. Only one sale is permitted per season on any single lot. Such a limitation shall not apply to farmers' markets and similar uses.

c.

On a developed lot, the maximum area for seasonal sales shall be no greater than 30 percent of any surface parking area. Such a limitation shall not apply to farmers' markets and similar uses.

d.

Outside display shall not block any sight triangles or fire lanes.

e.

On undeveloped lots, pre-existing access and parking may be gravel so long as it is maintained in good condition. New access or parking must be located on approved surfaces.