Bryan City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 130-1. - Enacting clause.

That this comprehensive zoning ordinance, also known as the "zoning ordinance," of the city, is passed and approved on December 11, 1989, together with the official zoning map to read as set out herein.

(Ord. No. 2110, § 3, 8-25-2015)

Sec. 130-2. - Purpose.

The zoning regulations and districts as herein established have been made in accordance with adopted guiding principles for the purpose of promoting the health, safety, morals, and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic, and other dangers; to ensure adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its suitability and compatibility for the particular uses specified; and with a view to conserving the value of buildings and neighborhoods, and encouraging the most appropriate use of land throughout the city.

(Ord. No. 2110, § 3, 8-25-2015)

Sec. 130-3. - Definitions.

The following words, terms and phrases, when used in this chapter or when used in chapter 62 (land and site development ordinance), shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and terms that are not expressly defined in this chapter or in chapter 62 have their ordinary dictionary meanings, based on the latest edition of Merriam-Webster's Unabridged Dictionary. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural; and words used in the plural number include the singular.

Accessory dwelling unit shall mean a subordinate structure located on the same lot or parcel as the main structure which is incidental to the main use of the structure and is used as a residence.

Accessory structure shall mean a subordinate structure or a portion of the main structure located on the same lot as the main structure, the use of which is incidental to that of the dominant use of the structure or premises. Accessory structures may include parking garages, adjacent farm structures, home workshops and toolhouses, storage sheds, home greenhouses. Carports as defined by this chapter are not considered to be accessory structures.

Accessory use shall mean a use customarily incidental, appropriate and subordinate to the principal use of land or building and located upon the same lot therewith.

Adult entertainment means a group of land uses involved in providing entertainment or amusement to a person or persons, such a type of land use being an adult arcade, adult bookstore, adult cabaret, adult escort agency, adult massage establishment, adult motel, adult movie theater, adult novelty store, adult service establishment, adult video store, sex parlor, sexual encounter center nude modeling studio, or other adult entertainment uses. "Other adult entertainment use" also includes any other commercial enterprise, that has as a primary business purpose of offering of a service or the selling, renting or exhibiting of material, devices or any other items, intended to provide sexual stimulation or sexual gratification to its customers, and which material, devices or any other items is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity. The following definitions for various types of adult entertainment uses shall be applicable:

(1)

Primary business purpose, is defined to mean that a main purpose or major "drawing card" of the business, among any other primary or secondary business purposes, is providing sexual stimulation or gratification through the offering of a service or the selling, renting or exhibiting of material, devices or any other items intended to provide sexual stimulation or sexual gratification to its customers and which material, devices or any other items is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity, but is not intended to include businesses whose entire activities might only be an incidental cause of sexual stimulation or gratification, and whose activities do not involve nudity nor material, devices or any other items distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, with "incidental cause" defined as happening as a chance or undesigned feature of something else; random; not of prime concern; subordinate to; or, as in accidentally cause. "A primary business purpose" of providing sexual stimulation or gratification may be demonstrated by the presence of one or more of the following factors and terms:

The exclusion of minors, persons under the age of 18 years, from the establishment or premises of the building by law or by option of the establishment, due to in part or in whole, to the offering of a service or the selling, renting or exhibiting of devices, material, merchandise or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity; or,

The exclusion of minors, persons under the age of 18 years, from any portion of the overall floor space of premises containing merchandise displayed for sale and open to customers, excluding restroom or dressing rooms, by law or by option of the establishment, due to in part or in whole, to the offering of a service or the selling, renting or exhibiting of devices, material, merchandise or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity; or,

The visibility, prominence or accessibility to customers of material distinguished by or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or,

A significant or substantial portion of the retail sales or revenue, the retail value of inventory, amount of retail floor space, amount of display areas or the amount of inventory attributable to or composed of material, services or products distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. ("Inventory" shall be measured with all titles or objects available on the premises for sale or rental including each of those items that are identical, or considered a separate title or object. "Significant or substantial portion" means more than an insignificant or incidental portion, does not depend upon a specific percentage or ratio, and does not necessarily mean a majority or predominant amount);or,

Any other fact, circumstance, or evidence which is relevant to demonstrate the type and quantity of merchandise or service that the establishment sells, rents, offers for sale or rent, displays or exhibits as constituting or composing a primary business purpose of the business

(2)

Adult arcade means a type of adult entertainment use involving or consisting of any place or premises a type of adult entertainment use involving or consisting of any place or premises to which the public is permitted or invited wherein coin-operated, token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical area, as one of its primary business purposes.

(3)

Adult bookstore means a type of adult entertainment use involving or consisting of any place or premises of a commercial establishment which as one of its primary business purposes, engages in the offering for sale or rental, for any form of consideration, any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas, intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or

Instruments, devices including genital stimulation devices, or paraphernalia which are designed for use in connection with specified sexual activities. "Instruments, devices including genital stimulation devices, or paraphernalia which are designed for use in connection with specified sexual activities" does not include items used for birth control, for prevention of sexually transmitted diseases or any other such items available only by prescription from licensed pharmacies

(4)

Adult cabaret means a type of adult entertainment use involving or consisting of any place or premises of a nightclub, bar, restaurant, or similar commercial establishment that has a primary business purpose of the offering to customers of live entertainment, that includes entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," which regularly features:

Persons who appear in a state of nudity; or

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

That regularly features live performances such as dancing that is characterized by the exposure of any portion of the human form other than the pubic region

(5)

Adult massage establishment means a type of adult entertainment use involving or consisting of any place or premises of any establishment or agency which that has as one of its primary business purposes of giving massages for a fee or other consideration, at the establishment or on a home-call basis, that is not licensed or not operated within strict compliance with applicable statutory law and the regulatory rules promulgated by Texas Department of State Health Services, or other regulatory agency, with respect to all licensing requirements and rules of the State of Texas, and where employees engage in any form of specified sexual activities with customers.

(6)

Adult motel means a type of adult entertainment use involving or consisting of any place or premises of a hotel, motel or similar commercial establishment which:

Offers accommodations to the public for any form of consideration and provides patrons with television transmission to rooms of films, motion pictures, video cassettes, slides, or other pornographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas as one of its primary business purposes; or

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

(7)

Adult movie theater means a type of adult entertainment use involving or consisting of any place or premises of a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, or any combination thereof, are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas, as one of its primary business purposes.

(8)

Adult novelty store means a type of adult entertainment use involving or consisting of any place or premises of a commercial establishment which offers for sale or rental for any form of consideration, any one or more of the following: Instruments, devices, including genital stimulation devices, or other paraphernalia which are designed or manufactured for use in connection with specified sexual activities regardless of the nature of any other products or services sold or provided, but not including items used for bona fide birth control or for prevention of sexually transmitted diseases, and not including any items available for purchase only by prescription from licensed pharmacies.

(9)

Adult service establishment means a type of adult entertainment use involving or consisting of any place or premises of a commercial establishment which offers services or sells products to customers and in which one or more of the employees or the customer appears in a state of nudity or simulated nudity.

(10)

Adult video store means a type of adult entertainment use involving or consisting of any place or premises of a commercial establishment which as one of its primary business purposes, engages in the offering for sale or rental, for any form of consideration, any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas, or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or

(11)

Customer means any person who:

Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity; or

Enters a sexually oriented business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment, or other services offered therein; or

Is a member of and on the premises of a sexually oriented business operating as a private club.

(12)

"Distinguished by or characterized by an emphasis upon" means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas" the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified sexual activities" or "specified anatomical areas."

(13)

Employee means any person who renders any service whatsoever to the customers of a sexually oriented business or who works in or about a sexually oriented business and who receives compensation for such service or work from the operator or owner of the sexually oriented business or from its customers.

(14)

Escort means a person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(15)

Escort agency means a type of adult entertainment use involving or consisting of any place or premises where a person or business association who, which as one of its primary business purposes, furnishes, offers to furnish, or advertises to furnish escorts, or any combination thereof, for a fee, tip, or other consideration.

(16)

Instruments, devices including genital stimulation devices, or paraphernalia which are designed for use in connection with specified sexual activities does not include items used for birth control, for prevention of sexually transmitted diseases or any other such items available only by prescription from licensed pharmacies.

(17)

Manager means any person (1) who supervises, directs or manages any employee of a sexually oriented business or (2) who is charged by the licensee, owner, or operator with directly supervising the operation of the sexually oriented business and with monitoring and observing all areas of the enterprise to which customers are admitted at all times during which the enterprise is open for business or customers are on the premises.

(18)

Nude modeling studio means a type of adult entertainment use involving or consisting of any place or premises where a person who appears in a state of nudity or displays specified anatomical areas, is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, except as may be provided for under the "exclusions" from the definition of "adult entertainment," as expressly set forth within these definitions.

(19)

Nudity or state of nudity means less than completely and opaquely covered:

Human genitals, pubic region, or pubic hair;

All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast;

Human buttock; or

Any combination of the above.

(20)

Operated or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated, an adult entertainment use whether or not that person is an owner, part owner, licensee, or manager of the establishment.

(21)

Person means an individual, firm, association, organization, partnership, trust, foundation, company or corporation.

(22)

Regularly means featuring, promoting, performing, permitting, doing or advertising an event or other happening or occurrence on a recurring or routine basis involving any length of time.

(23)

Premises mean the building of the adult entertainment establishment.

(24)

Sex parlor means a type of adult entertainment use involving or consisting of any place or premises of an establishment that is operated for the purpose of giving massages for a fee or other consideration at the establishment or on a home-call basis, that are intended to provide sexual stimulation, sexual gratification or engage in, in combination with a massage or other physical contact, including specified sexual activities, as one of its primary business purposes.

(25)

(26)

Simulated nudity means a state of dress in which any device or covering is worn and exposed to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the female breast.

(27)

Specified anatomical areas means:

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

Less than completely and opaquely covered human genitals, pubic hair, buttocks, or a female breast below a point immediately above the top of the areola, or any combination thereof.

(28)

Specified sexual activities means any of the following:

The fondling or other erotic touching of another person's human genitals, pubic region, buttocks, anus, or female breasts; or

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, bestiality or sodomy; or

Excretory functions as part of, or in connection with, any of the activities set forth in a. and b., above.

(29)

Sexual oriented business means those businesses or uses as defined under the definition of "adult entertainment".

(30)

Exclusions: The term "adult entertainment" shall not be construed to mean or include:

Any business activity or service that by federal or state law is required to be operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, licensed pharmacists or licensed athletic trainers engaged in practicing such licensed professions as generally recognized within their profession, including:

A state-registered massage establishment that employs only state-registered massage therapists to perform massage therapy; conforming to all requirements of state law and other applicable law, or

A state-registered massage school with at least two registered massage therapists that teaches the course of instruction required for registration as a massage therapist or a school approved by the Central Education Agency or that is otherwise approved by the state; or

A state-registered massage therapy instructor who instructs one or more students in any section of the course of instruction required for registration as a massage therapist; or

Operated by or employs a licensed physical therapist whose activities fall under the control of the Texas Board of Physical Therapy Examiners or a license of another state agency performing health care services within the scope of the applicable licensing act who performs the activities for or on behalf of the business commercial enterprise.

Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts as its sole business;

Any retail establishment whose principal business is the offering of wearing apparel for sale to customers, which does not exhibit merchandise on live models, and which does not offer for sale or rental any:

Materials of any kind containing depictions of specified anatomical areas; or

Instruments, devices, or paraphernalia which are designed or manufactured for use in connection with specified sexual activities; or

Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university; or,

Any legalization or authorization to violate any applicable law, civil or penal, duly enacted by any governmental body regarding any of the activities described in these definitions under the term 'adult entertainment". Under no circumstance, is this chapter 130 to be construed as repealing any laws of any governmental body regarding any of the activities that is illegal, currently or in the future, or may constitute or be deemed to be a nuisance.

(31)

Change in type of adult entertainment use or business: A change in the type of adult entertainment use or business from an adult arcade, adult bookstore, adult cabaret, adult escort agency, adult massage establishment, adult motel, adult movie theater, adult novelty store, adult service establishment, adult video store, sex parlor, sexual encounter center or nude modeling studio or other adult entertainment use into another type of adult entertainment use or business such as an adult arcade, adult bookstore, adult cabaret, adult escort agency, adult massage establishment, adult motel, adult movie theater, adult novelty store, adult service establishment, adult video store, sex parlor, sexual encounter center or nude modeling studio or other type of adult entertainment, or to any other use, constitutes a change in use as generally defined in chapter 130.

Afterhours club shall mean an establishment offering to the general public, facilities for dancing and entertainment, either for free or a fee. The establishment operates, generally, between the hours of 2:00 a.m. and 6:00 a.m. and does not serve alcoholic beverages.

Airport shall mean a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

Alley shall mean a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a public street.

Alteration shall mean a physical change in or to a building or site.

Amusement arcade (video arcade) shall mean any building, room, place or establishment of any nature or kind and by whatever name called, where more than two amusement devices are operated for a profit, whether the same be operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. Provided, however, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated machines designed exclusively for children and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Antenna shall mean an instrument or device consisting of wires, poles, rods, or reflecting discs designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum.

Antenna (commercial) shall mean an antenna primarily used for commercial broadcasting. A satellite dish in excess of 12 feet in diameter shall be considered a commercial antenna. A microwave transmitting tower is also a commercial antenna.

Antenna (noncommercial) shall mean an antenna used for amateur radio, CB radio, or TV reception. A satellite dish antenna not to exceed 12 feet in diameter shall also be considered as a noncommercial radio antenna.

Apartment building. See "multifamily."

Apparel and accessory store shall mean a business establishment that retail new clothing and clothing accessories merchandise from fixed point-of-sale locations.

Assisted living facility shall mean a residential establishment licensed under chapter 247 of the Texas Health and Safety Code (or its successor statute) that provides food, shelter and personal care services to persons unrelated to the proprietor of the establishment.

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

Automobile parking lot or garage shall mean an area or structure designed for the parking of motor vehicles.

Automobile rental shall mean storage, leasing or renting of automobiles, motorcycles, and light load vehicles, but not including commercial or industrial vehicles or equipment.

Automobile repair shall mean general repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust proofing; and other similar uses. Automobile repair shall also include minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles.

Automobile sales shall mean the retail sale of new or used automobiles or light load vehicles.

Automobile service station shall mean any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automobile fuels, lubricants, and automobile accessories, including those operations listed under minor automobile repair. Vehicles which are inoperative or are being repaired may not remain parked outside an automobile service station for a period greater than seven days.

Battery energy storage system (BESS), is a rechargeable, electric battery system including one or more batteries with chargers, controls, and associated electrical equipment, which charges, collects and stores energy from either the grid or a power plant, in order to discharge later when the power/electricity is needed to ensure adequate capacity and grid resiliency.

Bed and breakfast shall mean a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides sleeping accommodations in no more than five rooms for transient guests for compensation. Breakfast is to be provided for overnight guests only. Bed and breakfast facilities are permitted to facilitate special events, such as wedding receptions, dinner parties, and the like.

Bedroom shall mean any habitable room 70 square feet or greater in floor area which may be segregated from the remainder of the dwelling unit with a door or similar closure, has more than one means of egress (doorway or window) and is not a kitchen, bathroom (lavatory) or utility room shall be presumed to be a bedroom.

Block shall mean a tract or parcel of land designated as such on a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad right-of-way, or natural or manmade physical features (e.g., ditches, gullies, ridges, etc.) that disrupt what would otherwise be an unbroken landscape.

Boardinghouse (lodginghouse) shall mean a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided for three persons or more, but not exceeding 20 persons on a weekly or monthly basis.

Book binding shall mean an establishment that conducts the work or skill of fastening loose pages together inside a cover to make a book or other published print material.

Buffer shall mean a land area used to visually separate one use from another or to block or mitigate the effects of noise, lights or other nuisances. It may include required or permitted landscaping and screening, storm water detention facilities, and pedestrian walkways.

Build-to-zone (BTZ) shall mean the area on a lot, measured parallel from the front and/or corner side lot line, where a structure must locate within the minimum and maximum range of setback provided. The building façade must be located within the build-to zone.

Building. See "structure." Building also may be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.

Cabinet shop shall mean a structure use to fabricate cabinetry for retail sale.

Carport shall mean a roofed structure open on a minimum of two sides designed or used to shelter cars, boats, recreational vehicles or other motor vehicles.

Carwash shall mean structure used to wash motorcycles, automobiles and light load vehicles.

Cemetery shall mean property used for the interring of the dead, including columbariums, crematories, mausoleums and mortuaries.

Certificate of occupancy shall mean an official certificate issued by the city through the chief building official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued; may be referred to as an occupancy permit.

Change of use shall mean any use which differs from the previous use of a structure or site.

Charitable use shall mean a use that provides essential goods or services, such as food, limited or emergency housing, clothing, counseling, aid, or assistance to those in need, for no fee or compensation.

Chief building official shall mean the official or other designated authority charged with the administration and enforcement of the building code and related regulation.

Child care:

(1)

Child care—Class A shall mean any single-family residence which receives six or less children under the age of 14 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, for regular periods of time and for compensation, excluding the caretaker's own children. The term "child care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (This is considered a home occupation.)

(2)

Child care—Class B shall mean a building or structure where care, protection, and supervision is provided, on a regular schedule, at least twice a week to at least seven and not more than 12 children under the age of 14 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians. The term "child care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (This is not considered a home occupation.)

(3)

Child care—Class C shall mean a building or structure where care, protection, and supervision is provided, on a regular schedule, at least twice a week to more than 12 children under the age of 14 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians. The term "child care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (This is not considered a home occupation.)

City shall mean the Municipal Corporation, City of Bryan, Texas.

City council shall mean the duly and constitutionally elected governing body of the City of Bryan, Texas.

Commercial amusement (indoor) shall mean an amusement or entertainment enterprise wholly enclosed and operated within a building. This includes, but is not limited to, bowling alleys, skating rinks, billiards or pool halls, indoor tennis courts, gymnasiums, and swimming pools.

Commercial amusement (outdoor) shall mean an outdoor area or structure, open to the public which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-cart tracks, drive-in theaters, water slides and carnivals.

Common elements shall mean, when applied to condominium, townhouse or similar developments, shall include:

(1)

General common elements means and includes:

The land, whether leased or in fee simple, on which the building stands;

The foundations, bearing walls and columns, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;

The basements, flat roofs, yard, and gardens, except as otherwise provided or stipulated;

The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;

The compartment of installation of central services such as power, light, gas, cold and hot water, refrigeration, central heating, reservoirs, water tanks and pumps, swimming pools, and the like;

The elevators and shafts, garbage incinerators and, in general all devices or installations existing for common use; and

All other elements of the building desirable or rationally of common use or necessary to the existence, upkeep and safety of the condominium regime.

(2)

Limited common elements means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like.

Commons shall mean an open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

Comprehensive plan shall mean the term "comprehensive plan" or "municipal development plan" and adoptions, amendments, or supplements thereto, which has or have been adopted by the planning and zoning commission and the city council shall be used as a guide for future development of the city and its surrounding area.

Conceptual plan shall mean the initial plan layout determined by the developer. The plan shall be used as a tool to determine the requirements of the project and an overall design scheme.

Concrete or asphalt batching plant (permanent) shall mean a permanent manufacturing facility for the production of concrete or asphalt.

Concrete or asphalt batching plant (temporary) shall mean a temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Condominium shall mean in a condominium each dwelling unit owner owns as his or her fee estate the space that his or her unit occupies. This is the space lying between the interior surface of the unit sides and between the floor and the ceiling. The remainder of the building and the land are called "common elements" or "common area." Each unit owner holds an undivided interest in the common elements and limited common elements as defined in the Texas Condominium Act (V.T.C.A., Property Code ch. 81).

Conference center shall mean a facility accommodating groups of persons for short periods for the purposes of seminars, workshops and related activities. No overnight accommodations are provided unless attached to or contained within a hotel.

Construction yard (temporary) shall mean a storage yard or assembly yard for building materials and equipment directly related to a specific construction project and subject to removal at completion of construction.

Convenience store shall mean a market primarily engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks.

Country club shall mean a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

County shall mean Brazos County, Texas.

County commissioner's court shall mean the duly and constitutionally elected governing body of Brazos County, Texas.

Covenant (deed restriction) shall mean a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded. Deed restrictions are not enforceable by the city.

Credit access business means a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan, as those terms are defined in § 393.601 of the Texas Finance Code, as amended.

Cross access easement shall mean a reciprocal easement which allows cross access and/or parking access to specified parties on a specific area of land connecting adjacent lots.

Density shall mean levels of concentration or activity in uses such as residential, commercial, industrial, recreation, or parking.

Detached dwelling unit with no more than two unrelated persons shall mean any number of related persons and no more than one additional person who is unrelated to the group of related persons may occupy a detached dwelling unit.

Detached dwelling unit with no more than four unrelated persons shall mean any number of related persons and no more than three additional persons that are unrelated to the group of related persons may occupy a detached dwelling unit.

Detached shared housing (DSH) shall mean a detached or attached dwelling unit on an individual lot, for which an approved building permit was issued after February 13, 2018, with four or more bedrooms which is occupied or intended to be occupied by more than two unrelated persons. This definition includes all non-multifamily dwelling units, such as detached dwelling units, patio homes, townhomes, twin homes, and duplexes.

Display, sidewalk shall mean a display of goods and wares on a private or public sidewalk for retail sale to the public by the owner or manager of a business located in a directly adjacent, permanent, established structure which has received a certificate of occupancy and complies with all current applicable zoning, building codes, and site development requirements of the city.

Display, outdoor shall mean the display of sample inventory, merchandise, or other items for sale, rent or lease and outside a permanent, established structure which has received a certificate of occupancy and complies with all current applicable zoning, building codes, and site development requirements of the city.

District shall mean any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

Dormitory shall mean a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery, or other similar institutional use.

Duplex shall mean a dwelling with two attached living units designed to be occupied by two households living independently of each other.

Dwelling unit shall mean a structure or portion which is designed or used for residential purpose, including single-family, two-family, attached dwellings, multifamily dwellings, roominghouses and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and modular dwellings, but not including hotels or motels.

Easement shall mean land reserved for the use of the public by the grantor, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. The city may specify that no building or part of a building or other permanent structure or fence, in case of a drainage easement, may be located within the limits of the easement.

Eating and drinking place shall mean a business establishment that prepare meals, snacks, and beverages (alcoholic or non-alcoholic) to customer order for immediate on-premises and off-premises consumption.

Engineer shall mean a person duly authorized and licensed under the provisions of the Texas Engineering Practice Act (V.T.C.A., Occupations Code ch. 1001), as heretofore or hereinafter amended, to practice the profession of engineering.

Essential municipal uses shall mean facilities related to services traditionally provided by local government and/or private utilities, necessary for the furnishing of adequate service to the residents and visitors of the City of Bryan by such utilities or city municipal departments for the general public health, safety, convenience, and welfare of the city. Essential municipal uses include, but are not limited to the following: communication systems, city parks, city fire protection, city police substations, power substations, city or private utility systems and accessories thereto, including, but not limited to: city water storage tanks, pumps, lift stations, and other similar accessories. Essential municipal uses are permitted in all zoning districts; however, these facilities must comply with all other requirements of the zoning ordinance as well as the land and site development ordinance and subdivision ordinance, or seek a variance from the planning and zoning commission. Essential municipal uses which include aboveground utility accessory structures, such as substations, sewer lift stations, water pump stations, treatment plants, storage towers and the like are required to observe screening and buffering requirements as described in section 130-32.

Extraterritorial jurisdiction (ETJ) shall mean under the terms of V.T.C.A., Local Government Code ch. 42, the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the city, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for a distance of three and one-half miles. In the event that the ETJ of the city overlaps an area within the ETJ of one or more other cities, such overlap may be apportioned by mutual agreement of the governing bodies of the cities concerned. Such agreement shall be in writing and shall be approved by an ordinance or resolution adopted by such governing bodies.

Fabrication shall mean the manufacturing from standardized parts of a distinct object differing from the individual components.

Farm equipment sales and service shall mean a building or open area, other than a right-of-way or public parking area, used for the display, sale, rental or storage of farm equipment.

Feed store shall mean a building used for the display and sale of livestock feed and affiliated equipment.

Firewall shall mean a fire resistive wall, having protective openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof.

Fitness center shall mean health club or similar building that provides activities and facilities such as aerobic exercises, boxing, running and jogging, exercise equipment, game courts, swimming pool, saunas, showers, massage rooms, lockers, and ancillary indoor and outdoor recreation facilities on the same premises.

Flea market shall mean a periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. Flea markets differ from other retail stores or shopping centers in that there are no long-term leases between the sellers and owners or lessors of the site and that often the sellers use their own vehicles for display or set up temporary tables for their wares.

Floodplain shall mean an area of land subject to inundation by a 100-year frequency flood, as shown on the FEMA floodplain map of the city.

Food store shall mean a premise that sells food and other non-food items, primarily on a self-service basis and not primarily for consumption on the premises.

Fraternal organization, lodge, or serviceclub shall mean an organized group having a restricted membership and specific purpose related to the welfare of the members and others such as Elks, Masons, Knights of Columbus, Lions Club, Fraternity or Sorority, or a labor union.

Fraternity and sorority houses shall mean a building containing sleeping rooms, bathrooms, common rooms and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an institute of higher learning.

Gaming establishment shall mean gambling facilities or other operations featuring games of chance and bingo parlors.

Garage, detached private, shall mean an enclosed (on at least three sides) structure separate from the main residence used primarily for the storage of vehicles and secondarily for storage of household goods, and used solely by the occupants and their guests. Also called "enclosed parking space."

Gasoline service or filling station. See "automobile service station."

Golf course shall mean an area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Group home/community home means a residential establishment licensed by the State of Texas, where not more than six physically or mentally impaired or handicapped persons are provided food and shelter, as well as supervised care and rehabilitation by not more than two persons residing in the home at the same time. The limitation on the number of persons applies regardless of the legal relationship of those persons to one another. The home must be operated by:

(1)

The Texas Department of Mental Health and Mental Retardation;

(2)

A community center organized under Subchapter A, Chapter 534, Texas Health and Safety Code, that provides services to persons with disabilities;

(3)

An entity subject to the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq. Vernon's Texas Civil Statutes);

(4)

An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving person in intermediate care facilities for persons with mental retardation; or

(5)

An Assisted living facility licensed under Chapter 247, Texas Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

Guest shall mean a person who is visiting either an owner or a tenant, either during the daytime or staying overnight, and is not paying any monetary or other consideration such as exchanging other rights or privileges, or paying maintenance fees or utilities for the right to occupy the unit.

Halfway house shall mean a home for not more than four persons who have demonstrated a tendency toward alcoholism, drug abuse, antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of which live together as a single housekeeping unit.

Health authority shall mean the city health officer, state department of health or county health official.

Heliport shall mean an area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop shall mean the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Historic landmark commission shall mean a board, comprised of a majority of citizens of Bryan, Texas, and appointed by the city council as an advisory body, authorized to carry out historic preservation duties and functions as delegated by the city council.

Historic landmark, resource, or property shall mean any building, structure, object, site, district, area or land of architectural, historical or cultural importance or value, which the city council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people.

Historic preservation overlay district shall mean a district which possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.

Historic site shall mean the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure.

Home furniture and furnishings and equipment stores shall mean retail stores selling goods used for furnishing the home, such as furniture, floor coverings, draperies, glass and chinaware.

Home occupation shall mean any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes, provided that:

(1)

No retail business of any sort is involved.

(2)

No stock in trade is kept nor commodities sold except those made or used on the premises.

(3)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(4)

Only members of the household who lawfully occupy the premises are employed.

(5)

No equipment is used which creates offensive noises, vibrations, sound, smoke or dust, odors, heat, glare, X-ray, or electrical disturbance to radio or television. In particular, a home occupation includes the following and similar uses: artist's studio; dressmaking and millinery; limited professional practice provided no clients or customers are permitted on the premises (such as lawyer, engineer, architect, or accountant); music teaching limited to not more than two pupils at one time.

(6)

Commercial repair of automobiles shall not be permitted.

(7)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.

(8)

No home occupation shall be conducted in any accessory structure.

(9)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and require no additional parking spaces beyond those required for the dwelling unit.

(10)

Child care in a place of residence which receives six or less children is allowed as a home occupation.

(11)

Home schools as classified by state requirements are allowed as a home occupation.

Homeowners association (HOA) shall mean any organized group of landowners within a developed project, with voting rights to promulgate rules and regulations over property dedicated to the ownership of the formed association.

Industrial park shall mean a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Integrity shall mean the authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.

Junkyard shall mean an open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Material shall include but are not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. An automobile wrecking yard shall be considered a junkyard.

Kennels (commercial) shall mean an establishment with indoor and/or outdoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for commercial purposes.

Kiosk shall mean a small, freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 25 square feet.

Laboratory shall mean a building equipped for scientific experiments, research, or teaching, or for the manufacture of drugs or chemicals.

Laundromat (self-serve washateria) shall mean a facility where patrons wash, dry or dry clean clothing and other fabrics in machines operated by the patron.

License, mobile home park shall mean an authorization, or written evidence thereof, issued by the city, to maintain and operate a manufactured/mobile home park.

Live/work unit means a dwelling unit that is also used for work purposes, provided that the "work" component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The "live" component may be located on the street level (behind the work component) or any other level of the building. Separation of the "live" and "work" shall meet fire code separation requirements.

Lot of record shall mean a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of the county or a lot subdivided by metes and bounds description prior to May, 1967.

Machine shop shall mean a workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts.

Main structure shall have the meaning assigned in section 62-1 of the land and site development ordinance.

Manufactured home shall mean a HUD-Code manufactured home or a mobile home and collectively means and refers to both. The term "HUD-Code manufactured home" shall mean a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems of the home. The term does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g). For use in this chapter, the terms "manufactured home" and "manufactured housing" shall be synonymous with HUD-Code manufactured home.

Manufactured home display and sales shall mean the offering for sale, storage, or display of trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured housing land lease community shall mean a residential development typified by single ownership of the land with the development, with the landowner retaining the rights of ownership. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights for the placement and occupancy of individual manufactured homes (this definition excludes mobile homes).

Manufactured/mobile home park shall mean any lot, block, tract or parcel of contiguous lots, blocks, tracts or parcels of land, under common ownership, which has been so designed and improved that it contains two or more manufactured/mobile homes or manufactured/mobile home lots available for lease or rent to the public and for the placement of mobile homes and/or manufactured homes for occupancy.

Manufacturing shall mean manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing. Such operations shall meet the performance standards, bulk controls, and other requirements of this chapter.

Masonry construction shall mean exterior construction materials including brick, stone, granite, marble, concrete and other built up/tilt panels.

Master thoroughfare plan shall mean a plan of major and secondary streets and highways, a part of the city and adaptations, amendments, or supplements thereto as developed and adopted by the planning and zoning commission.

Medical facilities or clinics.

(1)

Dental clinic or medical clinic shall mean a facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.

(2)

Dental office or medical office shall mean same as dental or medical clinic.

(3)

Hospital shall mean an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

(4)

Public health center shall mean a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

(5)

Sanitarium shall mean an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

(6)

Massage establishment shall mean any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state law. Equivalent terms for "massage therapy" are massage, therapeutic massage.

(7)

Minor emergency clinic shall mean medical clinic which provides "walk-in" services for minor medical emergencies and may be open 24 hours per day.

Micro-assembly shall mean operations that are involved in processing fabrication or assembly of finished or nearly finished goods into a functioning whole, where such processing, fabrication or assembly occurs wholly within an enclosed space, and the total floor area within which assembly occurs does not exceed 75 percent of the gross floor area. Processing or fabrication of the already manufactured components by machinery shall be restricted so, to the extent that any related noise, vibration, and smoke, electrical interference, dust odors or heat shall not be discernible beyond the boundaries of the building within which such micro-assembly is located. The sale and/or shipment of such manufactured goods, to the general public or direct consumer, shall occur on the same premises where micro-assembly occurs. Examples include but are not limited to weaving or production of textiles or apparel, manufacture of wood products, fabrication of fashion accessories including jewelry, hats and footwear, production of home furnishings and decorative items, craft work by artisans, and assembly and packaging of already manufactured components into finished electronic instruments.

Midtown accessory dwelling unit shall mean a secondary residential structure located on the same lot or parcel as the main structure, which is limited to residential use and may be rented, but not sold separately from the main structure.

Midtown apartment house shall mean the three-unit residential building as depicted on pages 58—61 of the Midtown Pattern Book chapter of the Midtown Area Plan.

Midtown Area Plan shall mean the plan created specifically to guide development in the midtown area which was adopted by the city council on May 12, 2020, Ordinance No. 2420.

Midtown cottage shall mean the single-unit or double-unit residential cottage building as depicted on pages 50—53 of the Midtown Pattern Book chapter of the Midtown Area Plan.

Midtown flex house shall mean the convertible residential house as depicted on pages 54—57 of the Midtown Pattern Book chapter of the Midtown Area Plan.

Midtown walkup shall mean the two- or three-story residential or mixed-use building as depicted on pages 62—65 of the Midtown Pattern Book chapter of the Midtown Area Plan.

Midtown Pattern Book shall mean a chapter of the Midtown Area Plan, which describes and regulates pattern buildings in midtown with the supplemental criteria, and may be used as a tool for regulating pattern buildings in midtown.

Miscellaneous shopping goods stores shall mean an establishment primarily engaged in the retail sale of specialized lines of merchandise.

Mobile home shall mean a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the travel mode, is eight body feet or more in width, 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems of the home.

Model home shall mean a single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Modular building/housing (industrialized building) shall mean a structure or building module as defined, under the jurisdiction and control of the Texas Department of Licensing and Regulation and the Texas Industrialized Building Code Council and that is installed and used by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term does not include a mobile/manufactured home as defined in the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code ch. 1201).

Motel or hotel shall mean a building or group of buildings designed for and occupied as a temporary dwelling place for individuals and providing four or more rooming units where customary hotel services such as linen, maid service, telephone, and upkeep of furniture is provided.

Motor fuel retail shall mean a land use providing for the retail sale, dispensing and storage of petroleum products related to the operation of a motor vehicle. Motor fuel retail establishments may include associated retail uses and may exist as a standalone or accessory land use.

Motorcycle shall mean a two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this chapter, motorbikes, motor scooters, mopeds, three or four wheel all-terrain vehicles (ATV's), and similar vehicles are classified as motorcycles.

Motorcycle sales service shall mean the display, sale and servicing, including repair work, of motorcycles.

Multi-family dwelling unit shall mean the occupancy of a multi-dwelling residential structure that does not meet the definition of a single-family attached dwelling unit and where tenancy is arranged on a month-to-month or longer basis. Examples of multi-family dwelling units include triplexes, fourplexes, apartments, and condominiums.

Multifamily (residential) development shall have the meaning assigned in section 62-1 of the land and site development ordinance.

Municipal services and support facilities shall mean a multi-use complex or facility owned and operated by the city to facilitate the services essential to providing and maintaining municipal services. Uses within the complex or facility include, but are not limited to the following: housing and maintenance of city owned vehicles, trucks and other equipment, storage of materials (interior and exterior), workshops, fueling stations, and associated offices. Municipal services support facilities are allowed by conditional use in all zoning districts, and are required to observe screening and buffering requirements as described in section 130-32.

Nightclub shall mean an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food and/or dancing may also be provided.

Nonconforming use shall mean a building, structure, or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

Nonpaid parking for nonresidential uses shall mean parking spaces that are appropriate and incidental to uses other than residential dwellings that are not contracted or leased for commercial gain. This term does not include paid commercial parking lots or garages.

Nonresidential district shall mean the A-O district and any district that does not permit single-family dwelling units as of right.

Nursery (greenhouse) shall mean an establishment, including a building, part of a building or open space, for the growth, display and/or sale of large plants, shrubs, and trees, and other materials used in indoor or outdoor planting.

Nursing home shall mean a residential establishment licensed under Chapter 242 of the Texas Health and Safety Code (or its successor statute), that furnishes food and shelter to persons unrelated to the proprietor of the establishment and provides minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter, and laundry.

Object shall mean a feature of a historic site that is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape.

Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person, other than as a guest. For the purposes of this definition, any person, including a guest who spends more than 21 nights in a dwelling unit in a 12-month period, shall be deemed to occupy the dwelling unit. Any person who uses the property as a legal address for any purpose shall be presumed to be an occupant.

Occupant shall mean a person who occupies a dwelling unit.

Office, professional and general administrative shall mean a room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

Office-showroom/warehouse shall mean an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Open space shall mean an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall include landscaping, walks, recreational facilities, water features and decorative objects such as artwork or fountains. Usable open space shall not include: rooftops; accessory buildings, except those portions of any building designed specifically for recreational purposes; parking areas; driveways; turnaround areas; or the right-of-way or easement for streets or alleys. When used in planned development or similar development proposals, the term "open space" shall apply to both private and common ownership property designated for outdoor living and/or recreation.

Ordinary maintenance shall mean activities relating to a property that would be considered ordinary or common for maintaining the property, such as the replacement of a porch floor with identical or in-kind materials. It also may include other activities such as painting.

Parking lot shall mean an off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles

Patio home (zero lot line dwelling) shall mean a detached, single-family dwelling located on an individual lot with one wall coincident with a side lot line and a patio or side yard oriented toward the opposite side of the dwelling entirely enclosed by the dwelling wall, lot line wall of the neighboring dwelling, or other fences and walls. Adjoining lots shall not have common zero lot lines.

Pattern building. See "pre-approved pattern building."

Pattern building variations shall mean the different pre-approved façade options depicted in the Midtown Pattern Book chapter of the Midtown Area Plan.

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

Person shall mean any individual, association, firm, corporation, governmental agency, partnership or political subdivision.

Personal care home shall mean a residential establishment that provides food, shelter and personal care services to three or less persons unrelated to the proprietor of the establishment.

Personal care services shall mean

(1)

The assistance with feeing, dressing, moving, bathing, or other personal needs or maintenance,

(2)

The administration of medication by a person licensed or otherwise authorized in this state to administer the medication or provides assistance with or supervision of the administration of medication, or

(3)

General supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence, regardless of whether a guardian has been appointed for the person.

Personal service shop or custom personal services shall mean establishments primarily engaged in providing services generally involving the care of the person or his or her apparel including but not limited to barbershops and beauty shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress, and salons/health clubs (no outside storage).

Pied-à-terre shall mean a dwelling utilized for short-term or non-permanent residency.

Place of worship shall mean a church, synagogue, temple, mosque, or other facility that is used on a regular basis for prayer by persons of similar belief.

Planned development district shall mean area of land controlled by landowner or landowners to be developed as a single entity for a number of dwelling units, and/or commercial and industrial uses, if any, the plan for which does not correspond in lot size, bulk or type of dwelling, or commercial or industrial use, density, lot coverage and required open space to the regulations established in other sections of this chapter.

Planning and zoning commission shall mean a board, comprised of citizens of Bryan, Texas, and appointed by the city council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the city council.

Plat shall mean a map of a town, section, or subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, etc., drawn to scale.

Police station shall mean a protection center operated by the city, serving as the headquarters for the city law enforcement officers and their support staff, including administrative offices, storage of equipment, temporary detention facilities, and open or enclosed parking of patrol vehicles; excluding, however, correctional institutions.

Police substation shall mean a protection center operated by the city, serving as a neighborhood center for the city law enforcement officers, including limited parking for patrol vehicles. Police sub-stations may also serve as the residence for a city law enforcement officer.

Portable building sales shall mean an establishment which displays and sells structures capable of being carried and transported to another location, but not including mobile homes.

Pre-approved pattern buildings shall mean architect-designed buildings, licensed to the city. Each pattern design provides sufficient plan information for builders or non-architects to construct buildings that are copies of the architect-designed works. Pattern buildings may be pre-approved for development under specific circumstances and in specific areas of midtown and are regulated by unique, high-efficiency development standards.

Premises shall mean land together with any buildings or structures situated thereon.

Preservation shall mean the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

Primary use shall mean the principal or predominant use of any lot or building.

Printing shop shall mean an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization.

Private utility, other than listed shall mean nonpublic utility requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or public utilities

Professional office shall mean a single-family structure or multifamily structure used solely for the provision of executive, management, or legal services. Typical uses include engineering, architectural, and legal offices. Medical offices are excluded from this definition. No more than three personnel per dwelling unit are permitted to work in the office and the hours of operation are limited to 8:00 to 6:00 Monday through Friday and 10:00 to 5:00 Saturday and Sunday.

Quarry, also known as gravel pit, stone pit, open-pit mine, or borrow pit, shall mean a site regulated under Chapter 133 of the Texas Natural Resources Code (or its successor statute), where aggregates are being or have been removed or extracted from the earth to form the pit, including the entire excavation, stripped areas, haulage ramps, and the land immediately adjacent thereto upon which the plant processing the raw materials is located.

Railroad track and right-of-way shall mean the right-of-way and track used by a railroad, but not including railroad stations, sidings, team tracks, loading facilities, dockyards, or maintenance areas.

Reception hall shall mean any building, land area or other premises, or a portion thereof, which may be rented for social functions.

Recovery facility shall mean a treatment facility that provides residential programs that provide care and training or treatment for psychiatric, alcohol, or drug problems but where patients are not supervised by sworn officers.

Recreational center/community center shall mean a place designed and equipped for recreational, social, educational, cultural, and religious activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

Recreational vehicle (RV) park shall mean any site upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles designed to be used by the general public as temporary living quarters for recreation or vacation purposes.

Recycling center shall mean a facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand within an enclosed building or area.

Recycling collection point shall mean an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is permitted. Such a facility would generally be located in an easily accessed area and shall be reasonably free from noxious odors, rodents, insects, and refuse.

Rehabilitation shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

Related persons for the purposes of this chapter shall mean persons who are related by blood, adoption or marriage, and children with familial status within the meaning of Title 42 United States Code, Section 3602(k) are deemed to be related persons for the purposes of this chapter.

Replat shall mean the process of amending or vacating a recorded plat.

Reserve strip or parcel shall mean any lot, tract, parcel, strip or any other land which prohibits access from public or private tracts or parcels to land dedicated or intended to be dedicated to public use.

Residence. Same as a dwelling.

Residential district shall mean a district where the primary purpose is residential use and includes the RD-7, RD-5, R-NC, MF, DT-N, MT-C and IC-HDR districts.

Restaurant shall mean a business establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state.

Restoration shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

Retail or service, incidental, shall mean the rendering of incidental retailing or services incidental to the primary use. In the office district, such uses include a barbershop or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy.

Retail stores and shops (retail services) shall mean an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Right-of-way shall mean an area or strip of land dedicated as public property on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.

Rodeo grounds shall mean a facility that accommodates the public competition or exhibition of skills such as riding broncos or roping calves.

Roominghouse. See "boardinghouse."

Saddlery shall mean an establishment engaged in the making and selling of tack for livestock, including but not limited to saddles and harnesses. Tanning of leather goods is prohibited within a saddlery.

Salvage or reclamation of products (also see "wrecking yard") shall mean the reclamation and storage of used products or materials.

Satellite dish antenna.

(1)

Satellite television receptiondish shall mean a round, parabolic apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

(2)

Usable satellite signals shall mean satellite signals, from the major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

School, private, shall mean a school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public elementary or secondary schools; except all private schools where education is primarily conducted in private homes.

School, public or parochial, shall mean a school under the sponsorship of a public or religious agency providing elementary or secondary curriculum, but not including private trade or commercial schools.

Screening shall mean a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

Second family shall mean a second, separate group of related persons. One person unrelated to a group of related persons shall not constitute a second family.

Self-storage (indoor) shall mean a facility that provides separate storage areas for individual or business use, designed to allow private access by the tenant exclusively from the interior aisles of the building for storing or removing personal property. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, manufacturing, or the storage of moving trucks, is not permitted.

Self-storage (outdoor) shall mean a facility that provides separate storage areas for individual or business use, designed to allow private access by the tenant directly from the exterior of the building for storing or removing personal property. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, manufacturing, or the storage of moving trucks, is not permitted.

Sexual encounter center means a type of adult entertainment use involving or consisting of any place or premises of a business or commercial enterprise that offers for a fee or other consideration, any physical contact in the form of wrestling or tumbling between persons of the opposite sex, or specified sexual activities between male and female persons and/or persons of the same sex, or other activities when one or more of the persons is in a state of nudity or simulated nudity. Sexual encounter centers shall also include such places that offer for a fee or other consideration (or which allow the evaluation in anticipation of lease or purchase of merchandise by the following), (1) the fondling or other erotic touching of anthropomorphic devices or objects, robots, machines, devices, dolls, models, mannequins, toys or other products, including but not limited to those representing human beings, the specified anatomical areas of human beings, animals or plant-life species, or (2) sexual activities between person(s) and anthropomorphic devices or objects, robots, machines, devices, dolls, models, mannequins, toys or other products, including but not limited to those representing human beings, the specified anatomical areas of human beings, animals or plant-life species. For the purposes this section, the term "robot" shall mean a machine resembling a living creature (fictional or non-fictional, real or imagined) and able to replicate certain movements or functions of such living creature.

Sexually oriented uses. See "adult entertainment."

Sight distance triangle shall mean a triangular-shaped portion of land established at street intersections in which no visual obstructions are erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the line of visibility of motorists entering or leaving the intersection, as defined by the American Association of State Highway and Transportation Officials.

Single-family attached dwelling units shall mean single-family dwelling units that are separated by vertical lot line walls but that are not stacked vertically and includes any duplex.

Single-family detached dwelling unit shall mean a free standing, unattached single-family dwelling unit, that is restricted as to the number of unrelated persons allowed to occupy the dwelling, as set forth in this chapter. Notwithstanding the foregoing, a second family may occupy a "single-family detached dwelling unit" on a temporary basis for a period not to exceed six months in any consecutive 12-month period.

Single-family dwelling unit shall mean a residential structure containing no more than one dwelling unit, as opposed to a multi-family dwelling unit, and which is designed to be occupied by one or more persons who maintain a common household.

Site shall have the meaning assigned in section 62-1 of the land and site development ordinance.

Stable—Commercial shall mean a stable used for the rental of stall space or for the sale or rental of horses or mules.

Stable—Private shall mean an area used solely for the owner's private purposes for the sale or keeping of horses, mules or ponies, and not kept for remuneration, hire or sale.

Storage or wholesale warehouse shall mean a building used primarily for the storage of goods and materials.

Storage, limited outdoor shall mean storage that is accessory to the principal land use on a site. Storage activities include storage of packaged merchandise or material in boxes, in crates, on pallets or other kinds of shipping packaging and other similar merchandise, material or equipment. Disorganized or loose materials or objects, or materials stored in bulk shall not be allowed in limited outdoor storage.

Storage, general outdoor shall mean storage of unpackaged or bulk materials, including but not limited to landscape, building and aggregate materials.

Storage, industrial outdoor shall mean outdoor storage allowed for all uses allowed within the industrial district zoning designation.

Story shall mean that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as 12 feet.

Story, half, shall mean a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 66 percent of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

Street tree shall mean any species of approved canopy tree with a minimum two inch caliper diameter at breast height (DBH) or greater, that is alive and growing within ten feet of the paved edge of a public right-of-way.

Streets:

(1)

Arterial. This class of streets brings traffic to or from the expressway and serves those major movements of traffic within or through the urban area that are not served by expressways. Arterials interconnect the principal traffic generators within the city as well as important rural routes. Arterials handle trips between different areas of the city and should form a reasonably integrated system. The length of the typical trip on the system should exceed one mile. The primary function of an arterial is to provide movement between principal traffic generators.

(2)

Collector. This class of streets serves internal traffic movements within an area of the city, such as a subdivision, and connects this area with the arterial system. Collectors do not handle long through trips and are not, of necessity, continuous for any great length. In gridiron street patterns, however, a street of several miles in length may serve as a collector rather than an arterial if the predominant use is to reach the next junction with an arterial and there turn off.

(3)

Cul-de-sac. A street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

(4)

Dead end. A street other than a cul-de-sac, with only one outlet.

(5)

Local. The sole function of local streets is to provide access to adjacent land and act as a connection to the collector system.

Studio shall mean the workshop of an artist, sculptor, photographer, or craftsperson.

Structural alterations shall mean any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Structure shall have the meaning assigned in section 62-1 of the land and site development ordinance.

Subdivision shall mean any division of property for which a plat is required to be approved and recorded under the provisions of V.T.C.A., Local Government Code ch. 211; the Texas Municipal Annexation Act (V.T.C.A., Local Government Code ch. 43); and under this chapter. The term "subdivision" shall mean the division of a lot, tract, or parcel of land situated within the corporate limits of the city, or within the city's extraterritorial jurisdiction into two or more parts, lots, plats, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or laying out any subdivision of any tract of land or any addition of the city, or for laying out suburban lots or building lots or any lots and streets, alleys, or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereupon or adjacent thereto. The term "subdivision" shall include replatting, resubdivision and, when in the context shall relate to the process of subdividing of the land or area. The term "resubdivision" shall mean the division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street lines; however, it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new street, alley or easement of access. A major subdivision is a subdivision consisting of more than one phase of development.

Surface mining shall mean a broad category of mining which includes strip mining and open-pit mining, and is the process of excavating soil, rock and other natural resources from the earth for commercial purposes.

Surveyor shall mean a licensed state land surveyor or a registered professional land surveyor, as authorized by the Professional Land Surveying Practices Act (V.T.C.A., Occupations Code ch. 1071).

Tattoo/body piercing studio shall mean the workshop of a tattoo artist, and/or a facility where the piercing of body parts, other than ears, is performed for purposes of allowing the insertion of jewelry.

Tenant means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others.

Theater—Indoor shall mean a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Theater—Outdoor (amphitheater) shall mean an outdoor area and associated structures devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Townhouse shall have the meaning assigned in section 62-1 of the land and site development ordinance.

Trade and commercial schools shall mean establishments, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art or occupation.

Trailer rental shall mean the display and offering for rent of trailers designed to be towed by light load vehicles.

Tree protection shall mean, the protection of existing trees by installing canopy root zone protection equal to or greater than city standards as depicted in Figure 1 and remaining place throughout construction. Tree protection detail equal to or greater than city standards shall be depicted on any site plan where existing canopy trees are to be protected and claimed for program credit.

FIGURE 1: TREE PROTECTION DETAIL:

Truck and bus repair shall mean an establishment providing major and minor automobile repair services to heavy load vehicles.

Truck parking lot shall mean area for parking heavy load vehicles.

Truck sales (heavy trucks) shall mean the display, sale or rental of new or used heavy load vehicles in operable condition.

Truck stop shall mean any building, land, area, or premises, or portion thereof used for the retail dispensing or sales of fuels, lubricants and accessories commonly utilized by heavy load vehicles, but not including those uses listed under major automobile repair, as applying to heavy load vehicles.

Twin home shall mean a dwelling comprising two single-family dwelling units on individual lots, joined vertically by a party wall at the common property line, with each unit having its own front and rear entrances, front and rear yards, and a side yard on one side of the lots.

Unrelated persons. Persons who are not related by blood, adoption or marriage are deemed to be unrelated persons for the purposes of this chapter. Notwithstanding the foregoing, for the purposes of this definition, children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and up to six persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h) living in a group arrangement will not be counted as unrelated persons.

Utility distribution/transmission lines shall mean facilities that serve to distribute, convey and/or transmit electrical power, gas, wastewater and water, including but not limited to electrical transmission lines, gas transmission lines and metering stations.

Variance shall mean an adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the zoning board of adjustment of the city can grant a variance.

Veterinary services shall mean an establishment, with or without outside pens or runs, where animals and pets are admitted for examination and medical treatment.

Vicinity map shall have the meaning assigned in section 62-1 of the land and site development ordinance.

Warehouse shall mean a building used primarily for the storage of goods and materials.

Wholesale operation shall mean a place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wrecking yard shall mean the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot of two or more motor vehicles of any kind which are incapable of being operated due to condition or lack of license have been placed for the purpose of obtaining parts for recycling or resale.

Zero lot line dwelling. Same as "patio home."

Zoning district map shall mean the official map, labeled Exhibit "A", upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

Zoning official shall mean the official or other designated authority charged with the administration and enforcement of the zoning ordinance.

(Ord. No. 2110, § 3, 8-25-2015; Ord. No. 2167, § 1, 9-13-2016; Ord. No. 2259, § 2, 2-13-2018; Ord. No. 2295, § 2, 9-11-2018; Ord. No. 2320, § 2, 1-8-2019; Ord. No. 2451, § 2, 9-8-2020; Ord. No. 2501, § 9, 8-10-2021; Ord. No. 2586, § 2, 10-11-2022; Ord. No. 2599, § 3, 11-17-2022; Ord. No. 2629, § 2, 6-13-2023; Ord. No. 2654, § 2, 11-14-2023; Ord. No. 2660, §§ 2, 3, 12-12-2023; Ord. No. 2699, § 2, 7-9-2024; Ord. No. 2739, § 2, 4-8-2025; Ord. No. 2740, § 6, 4-8-2025)

Sec. 130-4. - Zoning district map.

The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city, adopted as part of this chapter as fully as if the same were set forth herein in detail.

(a)

One original of the zoning district map shall be filed in the office of the city secretary and labeled as Exhibit "A." This copy shall be the official zoning district map and shall bear the signature of the mayor and attestation of the city secretary. This copy shall not be changed in any manner. In case of any question, this copy, together with any amending ordinances, shall be controlling.

(b)

The current zoning district map shall be placed in the office of the city planner. The copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments and shall be identified as the official zoning map. Reproductions for informational purposes may be made of the official zoning district map.

(Ord. No. 2110, § 3, 8-25-2015)

Sec. 130-5. - Zoning district boundaries.

The zoning district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(a)

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as approximately following city limits shall be construed as following city limits.

(d)

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(e)

Boundaries indicated as following lake shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerline of all bodies of water shall be construed to follow such centerline and, in the event of change in the centerline, shall be construed to move with such centerline.

(f)

Boundaries indicated as parallel to or extensions of features indicated in section 130-5(a) through section 130-5(e)shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

(g)

Whenever any street, alley, or other public way is vacated by official action of the city council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(h)

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless as a condition of zoning approval it is stated that the zoning classification shall not apply to the street.

(i)

Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of section 130-5(a) through section 130-5(h), the property shall be considered as classified A-O, agricultural-open district, in the same manner as provided for newly annexed territory.

(j)

Permanent zoning changes made after the date of passage of the ordinance from which this chapter is derived are indicated in approximate locations on the zoning district map. For exact legal descriptions, refer to the adopting ordinance amendment for each particular permanent zoning change.

(Ord. No. 2110, § 3, 8-25-2015)

Sec. 130-6. - Compliance required.

All land, buildings, structures, or appurtenances located thereon within the city, which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or be subject to penalties as stated in section 130-45.

(Ord. No. 2110, § 3, 8-25-2015)

Sec. 130-7. - Zoning upon annexation.

Any territory hereafter annexed to the city and brought within its corporate limits shall be assigned a zoning classification upon annexation appropriate to its existing use in accordance with the procedures required by state law and this chapter, or shall be governed by the following regulations pending establishment of permanent zoning on such territory. In the event that these temporary regulations become applicable and no requests for permanent zoning classification have been made by the property owners within one year of the date of annexation, the planning and zoning commission shall initiate a request for permanent classification, using the procedures established in this chapter. The following regulations are applicable to all property not assigned a permanent zoning classification at the time of annexation:

(1)

No person shall erect, construct, proceed, or continue with the erection or construction of any building or structure, or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy from the chief building official.

(2)

No permit for the construction of a building or use of land shall be issued by the chief building official other than a permit which will allow the construction of a building or use permitted in the A-O, agricultural-open district, unless and until such territory has been classified in a zoning district other than the A-O district by the city council in the manner prescribed by this chapter.