Cross Roads, TX Zoning Ordinance

(a)

General rules of interpretation.

Unless the context clearly indicates otherwise, the following rules shall apply in interpreting the terms and provisions of this ordinance.

(1)

Meanings and intent.

All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general purposes set forth in the purpose and intent, and the specific purpose statements set forth throughout this ordinance. When, in any specific section of this ordinance, a different meaning is given for a term defined for general purposes in this ordinance, the specific section's meaning and application of the term shall control.

(2)

Headings, illustrations, and text.

In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.

(3)

Lists and examples.

Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

(4)

Delegation of authority.

Any act authorized by this ordinance to be carried out by a specific official of the town may be carried out by a designee of such official.

(5)

Technical and non-technical terms.

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(6)

Public officials and agencies.

All public officials, bodies, and agencies to which references are made are those of the Town of Cross Roads unless otherwise indicated.

(7)

Mandatory and discretionary terms.

The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

(8)

Synonymous terms.

Unless otherwise specified:

(A)

The word "building" includes the word "structure" and the word "structure" includes the word "building";

(B)

The word "lot" includes the words "building site," "parcel," "plot," or "tract"; and

(C)

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(9)

Conjunctions.

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(A)

"And" indicates that all connected items, conditions, provisions, or events apply; and

(B)

"Or" indicates that one or more of the connected items, conditions, provisions, or events apply.

(10)

Tenses, plurals, and gender.

Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

(11)

Undefined terms.

For words not defined in this section, refer to the online edition of Webster's Dictionary.

(12)

Conflict resolution.

In the event of any conflict between this ordinance and any other ordinance or regulation of the town, the more restrictive provision shall apply.

(b)

General land use categories and specific use types.

This section defines the general use categories and use types listed in the table of allowed uses, accessory uses, and temporary uses (table 14.03.072-1) in section 14.03.072.

(1)

Agriculture.

The use of land for purposes including farming, dairying, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for treating or storing of farm products and parking of equipment. Specific use types include:

(A)

General agriculture.

This is a catch-all use type that includes a range of agricultural and crop production uses for commercial and non-commercial purposes. This category also includes necessary accessory uses for treating or storing of farm products and parking of equipment.

(B)

Animal facilities and services.

(i)

Commercial stables.

Facilities for keeping, housing, boarding, feeding, hiring, training, selling, or breeding horses, mules, or other domestic animals as a commercial activity. Includes accessory uses like riding lessons and clinics.

(ii)

Agricultural livestock and cattle ranches.

Facilities for raising animals (including fish and birds) for meat, fur, eggs, dairy, or fish farming. Includes ranches, farms, or feedlots but excludes pet raising and slaughterhouses.

(iii)

Veterinary clinic.

Facilities for diagnosing, treating, or hospitalizing animals. Includes incidental boarding or breeding, with outdoor pens or runs permitted separately as an accessory use.

(iv)

Pet and animal-related sales and services.

Establishments providing non-veterinary animal care services like boarding, grooming, sitting, and training. Outdoor pens or runs permitted separately as an accessory use.

(v)

Any animal-related sales and services with outdoor pens or runs.

Any animal-related establishment with fenced outdoor areas for animals associated with primary use.

(C)

Greenhouse, nursery, floriculture.

Establishments growing nursery products, shrubbery, bulbs, fruit stock, sod, and short rotation woody trees. Includes floriculture establishments growing ornamental horticulture products like cut flowers, greens, and potted plants.

(2)

Residential uses.

(A)

Household living.

This category includes residential occupancy of a dwelling unit (DU) by a household with tenancy arranged on a month-to-month or longer basis. Lodging where tenancy is for less than 30 days is classified under the "lodging facilities" category. Common accessory uses include recreational activities, raising pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles. Recreational vehicles are excluded from this definition. Types of household living include:

(i)

Single-family detached dwelling.

A detached dwelling occupied by one family, surrounded by open space or yards, excluding mobile and manufactured homes. Includes industrialized housing as defined under Texas Occupations Code, chapter 1202.

(ii)

Townhouse or townhome.

Single-family attached.

Two (2) or more single-family units in a row on adjoining lots, each separated by a firewall, with individual front and rear access. Typically surrounded by common areas owned and maintained by a property owners' association.

Multi-family.

Two (2) to four (4) individual units on a single lot, each with front and rear access, allowing units to be side by side rather than stacked. Meets the standards for fire separation between units applicable to a multi-family building.

(iii)

Two-family (duplex).

A residential building with two (2) attached dwelling units (side by side or one above another) on one lot for two (2) families.

(iv)

Multi-family dwelling.

A building designed for occupancy by two (2) or more families, not exceeding the number of dwelling units.

(v)

Vertical mixed-use dwelling.

A building combining different uses, with commercial businesses on the ground floor and offices or multi-family units on upper floors.

(vi)

Live/work dwelling.

A unit used for both residential and work purposes, where the work component (e.g., professional office, artist's workshop) is located on the street level, with the residential component behind or above it. Constructed as separate units under a condominium regime or as a single unit.

(vii)

HUD-code manufactured home.

A structure meeting the Texas Manufactured Housing Standards Act requirements, including the terms "manufactured home" and "manufactured housing." Excludes pre-1976 mobile homes as defined by Texas Manufactured Housing Standards Act (24 C.F.R. section 3282.8(g)).

(viii)

Tiny home development.

A residential development of at least ten (10) acres designed to provide tiny home sites for residential use.

(B)

Group living.

This subcategory is characterized by residential occupancy by a group of people who do not meet the definition of "household living." Tenancy is on a monthly or longer basis, often larger than a family. Group living facilities typically have a common eating area and may provide care, training, or treatment. Caregivers may or may not reside on-site. Types include:

(i)

Senior living facilities.

Assisted living facility.

Licensed by the state, these establishments provide food, shelter, and personal care services to seven (7) or more unrelated persons.

Independent living facility.

Facilities with dwelling units, accessory uses, and support services for persons 60 years or older. Includes accommodations for those fully ambulatory or needing limited assistance.

(ii)

Group or community home.

Residences for up to six (6) persons with disabilities and two (2) supervisors, licensed and compliant with ordinance 123 of the Human Resources Code. A "person with a disability" is defined per section 123.002 as someone whose ability to care for themselves or perform tasks is substantially limited. This category includes adult foster care homes and adult care group homes. Establishments may house four (4) to six (6) unrelated persons and provide personal care services.

(3)

Civic and cultural facilities.

Buildings, structures, or facilities owned, operated, or occupied by a governmental entity or nonprofit organization to provide a service to the public. Types include:

(A)

Art gallery, museum, or special purpose institution.

Open to the public for the acquisition, preservation, study, and exhibition of works of artistic, historical, cultural, or scientific value, or recreational activities.

(B)

Civic, social, philanthropic, or fraternal organization.

Nonprofit organizations devoted to charitable, benevolent, patriotic, employment-related, recreational, or educational purposes. May include preparation and service of food and/or drink for members and their guests.

(C)

Business or professional organization.

Organizations promoting the business interests of their members or profession. Activities may include research, developing market statistics, sponsoring quality standards, lobbying, and publishing materials. Includes chambers of commerce and professional organizations.

(D)

Assembly uses (civic or religious assembly) and institutions.

Facilities for public worship, religious training, or other religious activities, including churches, temples, mosques, synagogues, convents, monasteries, and their accessory structures. Accessory uses may include meeting rooms and childcare during assembly functions. Schools and other child care services require separate approval.

(4)

Parks and recreation facilities.

Parks, recreation, and open space venues focus on natural areas, vegetative landscaping, hardscaping, outdoor recreation, community gardens, public greens, public squares, sports fields, and public plazas. Types include:

(A)

Community garden.

A venue for cultivation of fruits, flowers, vegetables, or ornamental plants by multiple persons or families for personal consumption or donation.

(B)

Parks, playgrounds, and public gathering spaces.

Recreational, cultural, or aesthetic areas owned or operated by a public agency and available to the general public. Includes plazas, squares, greens, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, pavilions, wooded areas, and water courses.

(C)

Recreation center.

A venue for sports or recreation open to the general public, with activities in enclosed structures or outside courts and pools. Examples include gymnasiums, indoor arenas, basketball, handball, tennis courts, hockey rinks, swimming pools, and physical fitness centers. This category excludes entertainment and amusement centers.

(5)

Educational service establishments.

Public, private, and parochial institutions at the primary, elementary, middle, high school, post-secondary level, or trade and business schools that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school daycare. Types include:

(A)

Child or adult day-care center.

Licensed, certified, or registered establishments operating less than 24 hours per day, primarily caring for more than six (6) infants, preschool children, or older children. Adult day-care centers provide daytime care for six (6) or more adults with disabilities or seniors.

(B)

Nursery or pre-school.

Licensed, certified, or registered facilities providing daytime care, training, and education for more than six (6) children. Includes after-school and summer programs for school-age children.

(C)

Elementary and middle schools.

Public or private educational facilities providing grade school education satisfying the compulsory education laws of the State of Texas.

(D)

Senior and high schools.

Public or private educational facilities providing higher grade school education satisfying the compulsory education laws of the State of Texas.

(E)

Colleges and universities.

Public or private junior colleges, colleges, universities, and professional schools offering academic or technical courses and granting degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels. May include seminaries for training candidates for the priesthood, ministry, or rabbinate.

(F)

Technical, trade, and specialty schools.

Public or private institutions offering vocational and technical training in subjects and trades such as auto repair, welding, bricklaying, machinery operation, cosmetology, or other similar trades, often leading to job-specific certification.

(6)

Public and other governmental functions.

Local, state, or federal government services or similar functions not otherwise classified. Typical uses include health departments, courthouses, town halls, etc. Types include:

(A)

Legislative and executive functions.

General government administration functions such as town Hall, County, or School District Administration offices.

(B)

Courts.

All judicial functions, including courthouses.

(C)

Public safety facilities.

Government-owned or volunteer establishments providing fire and rescue, police, and emergency response services.

(D)

Other government functions.

Any other government-owned and/or operated establishments not classified elsewhere in this ordinance.

(7)

Health and human services.

Establishments providing medical, nursing, rehabilitative, social assistance, and related services. Types include:

(A)

Medical and lab services.

Outpatient facilities providing medical, surgical, chiropractic, dental, medical imaging, and other health services. Includes health practitioners' offices, labs, and stand-alone emergency or urgent care centers. Patients are not kept overnight except in emergencies.

(B)

Nursing and rehabilitative services.

Inpatient facilities providing nursing and rehabilitative care for five or more patients, including nursing homes, hospices, and mental health rehabilitation. Services focus on health care, supervision, and counseling. Includes group homes and halfway houses.

(C)

Hospitals.

Facilities for in-patient medical or surgical care, including related labs, outpatient departments, emergency rooms, training, central services, food service, retail, and staff offices.

(D)

Social assistance and welfare services.

Non-residential establishments providing public or community-related services directly to individuals.

(E)

Funeral homes and services.

Establishments preparing the dead for burial or cremation and conducting funerals. Includes facilities for wakes, transportation, and merchandise sales. May include crematories.

(F)

Cemeteries.

Areas used for interment or burial of the dead, including graveyards, burial parks, mausoleums, columbarium, or other gravesites.

(c)

Commercial uses.

(1)

Auto-related sales and service.

This category includes uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair, storage, and offices. Types include:

(A)

Automotive sales, leasing, or rental (new or used).

Retail establishments operated by franchised or independent dealers buying, selling, or leasing new or used motor vehicles. Includes servicing or repairing under a manufacturer's warranty and may include auto service and repair activities.

(B)

Auto repair and service.

Facilities for servicing and repairing motor vehicles within enclosed service bays. Includes the sale and dispensing of oils, tires, filters, and parts, and may involve overnight outdoor storage of customer vehicles. Services can include reconditioning, collision repair, painting, and dismantling of motor vehicles.

(C)

Car and truck wash.

Facilities for cleaning, washing, polishing, or waxing vehicles by machine or hand. Can be single bay or tunnel type for multiple vehicles.

(D)

Auto-related parts and accessory sales.

Retail stores selling new, used, or rebuilt automotive parts and accessories. May include repair and installation services. Examples include parts and supply stores, stereo stores, speed shops, truck cap stores, and tire shops.

(E)

Retail use with gasoline pumps.

Facilities for the retail sale of motor vehicle fuel dispensed from pumps, typically including a canopy, circulation, and stacking areas.

(F)

Parking as a principal use.

Surface or structured parking facilities where parking is the primary use, provided for free or for a fee by public or private entities.

(2)

Retail sales.

Retail sales establishments sell merchandise directly to the general public from a fixed point-of-sale location, designed to attract a high volume of walk-in customers. Accessory uses may include offices, parking, indoor storage, and on-site assembly, repackaging, or repair of goods. Types include:

(A)

General retail.

Includes a wide range of retail uses such as furniture and home furnishings, antiques, building materials, home and garden centers, swimming pool and spa sales and service, department stores, superstores, warehouse clubs, electronics and appliances, durable consumer goods sales, grocery stores, supermarkets, convenience stores, pharmacies, drug stores, cosmetics, beauty supplies, and similar uses. Excludes use types defined separately below under restricted commercial uses.

(B)

Restricted commercial uses.

This category includes uses with impacts on adjoining land uses and values that do not fall under general retail sales. Types include:

(i)

Firearm sales.

Retail stores selling, vending, dealing, exchanging, or transferring ownership of firearms, with or without the sale of ammunition and/or firearm accessories.

(ii)

Pawn shop.

Establishments lending money on pledged goods, selling pawned or repurchased items, excluding banks and mortgage companies.

(iii)

Used goods sales.

Establishments selling previously used items, including consignment stores, antique malls, and "cash for gold" businesses.

(iv)

Specialty retail and paraphernalia sales.

Establishments selling CBD products, cigarette papers, e-cigarettes, vapors, bongs, or other smoking accessories. Includes head shops and vapor shops.

(v)

Beer and wine sales.

Retail establishments selling beer and wine for off-premise consumption only.

(vi)

Package liquor stores.

Retail establishments selling packaged alcoholic beverages for off-premise consumption only.

(vii)

Alternative financial institution.

Includes payday loan businesses and motor vehicle title loan businesses, excluding state or federally chartered banks, credit unions, and regulated lenders licensed under Texas Finance Code, chapter 342. Includes businesses operating as credit service organizations or credit access businesses under chapter 393.

(viii)

Retail sales with outdoor storage.

Includes any retail sales use with outdoor storage of merchandise and equipment (excluding automobiles).

(ix)

Retail sales with drive-through facilities.

Includes any retail sales use with drive-through or drive-up facilities where customers are served without leaving their vehicles.

(3)

Food and beverage services.

This category includes various types of establishments providing food and beverage services to the public. Types include:

(A)

Bar or drinking establishment.

Licensed by the state for the sale of alcoholic beverages, deriving more than 75 percent of gross revenue from the on-premises sale of alcoholic beverages for on-premises consumption.

(B)

Full-service restaurant.

Provides seated food services with waiter/waitress service and payment after eating. May include the sale of alcoholic beverages, takeout services, or live entertainment, with alcohol sales not exceeding 75 percent of gross sales.

(C)

Mobile food court.

Location with more than two (2) mobile food businesses offering food or beverages for sale to the public.

(D)

Cafe, self-service, or specialty food restaurant.

Self-service food services where patrons order, pay before eating, and consume food on-premises, take out, or have it delivered. May sell alcoholic beverages if sales do not exceed 75 percent of gross sales. Includes snack bars, coffee shops, ice cream parlors, and establishments selling specialty snacks or nonalcoholic beverages.

(E)

Restaurant with take-out or delivery only.

Prepares food primarily for carry-out or delivery, not for on-premises consumption. Includes pizza delivery, specialty food and beverage shops, or baked goods shops, excluding mobile food establishments.

(F)

Catering service.

Provides, prepares, and/or serves food at off-site locations for groups, without on-site banquet facilities, where all expenses are paid by the group.

(G)

Food and beverage establishment with drive-through facility.

Includes any establishment with drive-through or drive-up facilities where customers are served without leaving their vehicles.

(4)

Business and professional services.

This category includes office and business services such as executive, management, administrative, financial, medical, and professional support services. These do not involve the sale of merchandise except as incidental to a permitted use. Accessory uses may include cafeterias, health facilities, and parking primarily for employees.

(A)

Offices for businesses, professional, administrative, or technical services.

Includes corporate, professional, scientific, and technical service offices like call centers, real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, research, and development.

(B)

Banks, investment, or financial institutions (with or without drive-through service).

Includes establishments for deposit, loan, and exchange of money, licensed by state or federal agencies. Accessory uses may include ATMs, offices, and parking. Excludes bail bonds, pawnshops, payday loans, and title loan businesses.

(C)

Services related to real estate and buildings.

Includes pest control, janitorial, landscaping, carpet cleaning, and similar services. Also includes real estate sales and leasing, property management, and related activities.

(D)

Data centers.

Buildings or spaces housing computer systems and telecommunications and storage systems.

(E)

Medical and dental offices.

Offices for medical, dental, and related professionals.

(5)

Personal services.

This category includes establishments providing services directly to customers at the business site, or receiving and returning goods for processing.

(A)

General personal service.

Establishments providing care, advice, maintenance, repair, treatment, or assistance, excluding professional practices and the wholesale or retail sale of goods. Examples include barber/beauty shops, spas/salons, shoe repair, tailor, laundry or dry-cleaning services, laundromats, arts studios, photography studios, mailing, copying, reprographics, safe deposit boxes, travel bureaus, house cleaning services, weight reduction centers, and florists (excluding greenhouses).

(B)

Bail bond service.

Establishments that solicit, negotiate, and execute bonds or other security to guarantee court appearances.

(C)

Massage therapy.

Establishments where licensed massage therapists, physicians, surgeons, dentists, occupational or physical therapists, chiropractors, or osteopaths practice non-medical or non-surgical manipulative exercises or treatments, with or without therapeutic, electrical, mechanical, or bathing devices.

(D)

Tattoo parlor or piercing studio.

Establishments primarily engaged in:

(i)

Placing designs, letters, figures, symbols, or other marks upon or under the skin using ink or other substances, by means of needles or other instruments designed to puncture the skin.

(ii)

Creating openings in the body for inserting jewelry or other decoration.

(6)

Lodging facilities.

This category includes for-profit establishments providing lodging, meals, and related services to transient visitors for a defined period.

(A)

Bed and breakfast establishments.

Owner-occupied private residences with up to five guest rooms offering sleeping accommodations and breakfast at no extra cost. The innkeeper's principal residence serves as the B&B, and lodgers stay for less than 30 days.

(B)

Limited-service hotels/motels (including extended stay hotels).

Buildings providing transient lodging accommodations to the public for compensation, with guest rooms accessed from interior or exterior hallways. Accessory uses may include meeting rooms, a clubhouse, and recreational facilities for residents and their guests. This definition excludes other dwelling units.

(C)

Full-service hotels.

Buildings providing transient lodging accommodations to the public for compensation, with guest rooms accessed from interior corridors. Includes ancillary facilities and services such as restaurants, meeting rooms, personal services, recreational facilities, daily housekeeping, and 24-hour front desk service.

(D)

Rooming house.

Residence structures, other than hotels, used for lodging three or more persons for compensation.

(7)

Recreation and entertainment.

This category includes uses that provide recreation or entertainment activities inside and/or outside of an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include:

(A)

Community center.

A building dedicated to social or recreational activities, serving the town or neighborhood, and owned and operated by the town or a non-profit organization promoting health, safety, morals, and general welfare.

(B)

Conference center, banquet or meeting facility.

Establishments leased on a temporary basis for private functions such as banquets, weddings, receptions, business meetings, and other similar events. These may include kitchen facilities for food preparation, areas for dancing, dining, and entertainment activities.

(C)

Indoor recreation facility.

Establishments operating fitness and recreational sports facilities or providing services for fitness or recreational sports teams, clubs, or individual activities within enclosed structures. Includes fitness clubs, gyms, arenas, recreational ball parks, courts, bowling, billiards, darts, paintball, laser tag, gymnasiums, basketball, handball, soccer, tennis courts, hockey rinks, swimming pools, physical fitness centers, and amusement devices (excluding gambling games).

(D)

Outdoor recreation facility.

Uses providing outdoor entertainment and recreation activities such as amusement rides, basketball, baseball, batting cages, go-cart tracks, tennis courts, amusement and theme parks, water parks, marinas, water sports, and other similar activities. May include indoor arcade facilities and food and beverage sales.

(E)

Golf course.

A tract of land with a course having nine or more holes for playing golf, including accessory uses such as clubhouses, driving ranges, offices, restaurants, concession stands, picnic tables, pro shops, and maintenance facilities.

(F)

Country club.

A facility or area for recreational, athletic, and social purposes with limited membership, primarily restricted to members and their guests. May include golf courses as a principal use, along with accessory uses such as retail sales, clubhouses, and other recreational facilities.

(G)

Swim or tennis club.

A private recreational club with restricted membership, including a clubhouse, swimming pool, tennis courts, and similar recreational facilities, none of which are available to the general public.

(d)

Other uses.

This category includes various establishments providing specialized recreation and entertainment services to the public.

(1)

Recreation vehicle park, trailer park.

Places where people with recreational vehicles or trailers can stay overnight or longer in allotted spaces known as "sites" or "campsites." These are also referred to as campgrounds and may offer facilities for tent camping or cabins with limited facilities.

(2)

Dance hall or night club.

Establishments offering facilities for dancing and entertainment to the general public for a fee, subject to licensing and regulation by the town.

(3)

Sexually oriented businesses.

Commercial enterprises primarily offering services or selling, renting, or exhibiting items intended to provide sexual stimulation or gratification. This includes adult arcades, adult bookstores or video stores, adult cabarets, adult motels, adult motion picture theaters, and nude model studios.

(e)

Manufacturing uses.

This category includes establishments involved in manufacturing, processing, fabrication, packaging, or assembly of goods, typically located in plants, factories, or mills. These use power-driven machines and materials-handling equipment, utilizing various materials to produce finished or semi-finished products for wholesale, other plants, or custom orders. Custom industry using hand tools and small-scale equipment is also included. Goods display or sales on-site are minimal. Accessory activities may include retail sales, offices, cafeterias, parking, recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters.

(1)

Food and beverage processing.

Facilities producing food for human consumption in its final form, such as candy, baked goods, tortillas, soda, beer, and ice cream, distributed to retailers or wholesalers for resale.

(2)

Craft alcohol production (including microbrewery, microdistillery, winery).

Small-scale facilities producing malt liquors, distilled spirits, and wine. A microbrewery brews up to 75,000 barrels of beer per year using grains. A micro distillery manufactures and packages distilled spirits. A winery produces wine with up to 24% alcohol by volume.

(3)

Furniture and related products.

Establishments manufacturing furniture and related articles like mattresses, window blinds, cabinets, fixtures, and furniture parts. Processes include cutting, bending, molding, laminating, and assembling materials like wood, metal, glass, and plastics. Design services may be internal or outsourced.

(4)

Machinery, appliance, electrical equipment, electronics, and components.

Establishments manufacturing machinery for agriculture, construction, mining, and other specific applications, as well as electrical products, motors, generators, and household appliances like heaters, refrigerators, and air conditioners.

(5)

Transportation equipment and automobiles.

Establishments producing equipment for transporting people and goods. Assembly tends to be distinct from other machinery manufacturing processes.

(6)

Miscellaneous manufacturing.

Includes establishments not classified elsewhere, such as those producing jewelry, silverware, dolls, toys, games, musical instruments, office supplies, inks, and signs.

(f)

Wholesale trade.

Wholesaling is an intermediate step in merchandise distribution, where wholesalers sell or arrange the purchase of goods to other businesses, typically operating from a warehouse or office with minimal merchandise display. The location in a warehouse or office building depends on the nature of activity and structure type. Subcategories include durable and nondurable goods.

(1)

Durable goods.

Establishments in this subcategory wholesale capital or durable goods with a life expectancy of at least three years to other businesses. Products include motor vehicles, furniture, construction materials, machinery and equipment (including household appliances), metals and minerals (except petroleum), sporting goods, toys and hobby goods, recyclable materials, and parts.

(2)

Nondurable goods.

Establishments in this subcategory wholesale goods with a life expectancy of less than three years to other businesses. Products include paper, chemicals, drugs, textiles, apparel, footwear, groceries, farm products, petroleum products, alcoholic beverages, books, magazines, newspapers, flowers, and tobacco products.

(g)

Warehouse and storage.

These service establishments operate warehouse and storage facilities for wholesale trade, general merchandise, refrigerated goods, and other products. They provide storage facilities without selling the goods they handle and may offer services like labeling, inventory management, light assembly, order fulfillment, packaging, price marking, and transportation arrangement. This category includes commercial mini-storage or self- storage facilities with minimal on-site sales activity. Accessory uses may include offices, truck fleet parking, and maintenance areas.

(1)

Cold storage plant.

A facility for processing, selling, packaging, or storing refrigerated or frozen materials, such as food, furs, or other products.

(2)

Distribution center or warehouse.

Buildings or areas for storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of flammable, explosive, or hazardous materials.

(3)

Self-storage or mini storage.

Facilities offering enclosed storage space divided into compartments for individuals or businesses. Incidental uses may include retail sale of packing materials and rental of moving equipment.

(4)

Outdoor storage related to industrial use.

Includes any industrial use category providing outdoor storage of equipment, inventory, materials, or finished products.

(h)

Construction related businesses.

These establishments build buildings or structures, perform additions, alterations, reconstruction, installation, and repairs, and may provide demolition or wrecking services. They also engage in blasting, test drilling, landfill, leveling, earthmoving, excavating, land drainage, and other land preparation. This category reflects the unique processes and site needs, such as equipment and material storage.

(1)

Machinery related contractors' yards and storage.

Outdoor storage facilities for building materials, tools, heavy machinery, dump trucks, or commercial and heavy equipment used in construction and related businesses.

(2)

Specialty trade contractors.

Establishments specializing in construction activities like plumbing, painting, and electrical work, typically working at the job site but sometimes having shops for storage and prefabrication. Includes carpentry, flooring, roofing, concrete, electrical, glass, glazing, masonry, drywall, painting, plumbing, HVAC, and similar activities.

(3)

Asphalt or concrete batch plant.

Permanent facilities for mixing concrete or asphalt.

(4)

Excavation related services.

Establishments providing excavation services for development and construction, including shaft drilling, foundation digging, foundation drilling, and grading.

(5)

Wrecking and demolition establishment (including junk yards).

Establishments involved in the demolition of buildings and structures, including underground tank removal and dismantling of non-hazardous steel oil tanks. Also includes disassembling and storing wrecked or abandoned automobiles, machinery, and other materials for recycling or resale.

(6)

Commercial and industrial machinery leasing and rental.

Establishments renting or leasing office machinery and equipment (e.g., computers, furniture, copiers), heavy equipment without operators (e.g., bulldozers, cranes), and other non-consumer machinery and equipment (e.g., manufacturing equipment, telecommunications equipment, institutional furniture).

(i)

Transportation-related uses.

Physical facilities involved in the movement of people or goods include highways, flight-related facilities, rail transit lines, and similar infrastructure.

(1)

Local, regional, intercity transportation uses (public and commercial).

Includes school bus transportation, rural and special needs transit operations, local transit, inter-city bus, charter bus, and similar activities and storage.

(2)

Taxi and limousine service.

Establishments providing passenger transportation by automobile or van, not on regular routes or schedules. Includes taxicab owner/operators, fleet operators, organizations, and limousine and luxury sedan services.

(3)

Courier, messenger, and postal services.

Establishments providing air, surface, or combined delivery services of parcels and messages within or between metropolitan areas. Includes USPS establishments performing postal services such as sorting, routing, and delivery on a contract basis. Customer service and retail operations are classified under business, professional, and technical services or public or governmental functions (USPS).

(4)

Truck and freight transportation services.

Establishments providing over-the-road transportation of cargo using trucks and tractor trailers. Includes general freight trucking of palletized commodities in containers or van trailers, and specialized freight trucking for cargo requiring specialized equipment.

(j)

Utilities and utility services.

The use of land for lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, sewage, oil, gas, power, information, telecommunications, and facilities for electricity generation.

(1)

Utility lines, towers, or metering/pumping stations.

Includes local utilities such as electrical power, telephone, gas, water, sewer drainage lines, air pollution monitoring stations, in-line facilities like gas regulating stations and water wells, sewage pumping stations, telephone exchange equipment, and electrical transmission lines operated by municipalities or franchised utility companies.

(2)

Sewer, solid waste, recycling, and related services.

Establishments that collect, treat, recycle, or dispose of waste materials, operate materials recovery facilities, provide remediation services, operate sewer systems or sewage treatment facilities, or offer septic pumping or other waste management services.

(3)

Natural gas, petroleum, fuel related services (including drilling and extraction).

Includes establishments operating fuel distribution systems, fuel marketers, brokers, and agents, establishments transmitting and distributing fuel, and those operating and developing oil and gas fields. Activities include exploration, drilling, completing wells, operating separators and field gathering lines, and preparing oil and gas for shipment. This category includes producing crude petroleum, mining oil from shale, producing natural gas, and recovering hydrocarbon liquids.

(4)

Electric utility services (includes generating plants and substations).

Facilities generating electricity from solar, gas, coal, wind, hydraulic power, or nuclear fission, including electric transmission lines and substations for transforming electricity for distribution.

(5)

Telecommunications equipment and facilities (building mounted).

Includes equipment such as antennas that transmit information (audio, video, data) via electromagnetic signals, primarily mounted on buildings.

(6)

Antennas and telecommunications towers.

Structures designed to support antennas transmitting information (audio, video, data) via electromagnetic signals, including lattice towers, guyed towers, and monopole towers. Excludes structures like clock towers, bell towers, steeples, and light poles unless they incidentally support antennas. Towers can be freestanding or building-mounted, and may include auxiliary structures housing communications equipment.

(7)

Other utility related uses (other than listed above).

Includes any public or private utility not specifically listed above.

(k)

Accessory uses.

(1)

Accessory buildings or use.

An accessory building or use that:

(A)

Is incidental to and customarily found with a principal building or use on the same lot;

(B)

Is subordinate to and serves a principal building or use;

(C)

Contributes to the comfort, convenience, or necessity of occupants or businesses in the principal building or use;

(D)

Has no more than fifty percent of its wall shared with the principal building.

(2)

Accessory dwelling unit (separate structure).

A second dwelling unit separate from the primary residence on a lot, used as an independent residential unit, possibly part of a residential garage or accessory structure.

(3)

Carport.

A roofed structure with two or more open sides for vehicle shelter and parking, either freestanding or attached to the primary building.

(4)

Cottage food vendor.

A person who has a contractual relationship with an individual who operates a small-scale food business out of their home kitchen and sells directly to consumers.

(5)

Electric vehicle charging station.

A parking space with battery charging equipment for transferring electric energy to a vehicle battery.

(6)

Farmer's market.

A producer-only event that can include farm produce, local artists, kids' activities, and mobile or temporary food vendors.

(7)

Home occupation.

A business conducted entirely within a residential dwelling by its residents, characterized by:

(A)

Employing only immediate family members of the resident.

(B)

No external evidence of the occupation detectable at any lot line, including signs, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, or unusual traffic or parking.

(C)

Excludes beauty culture schools, beauty parlors, barber shops, dancing schools, repair garages, plumbing shops, or similar activities in residential districts.

(8)

Mobile food vendor.

The definition of this term as contained within Chapter 437B of the Texas State Health and Safety Code is hereby adopted. Permitting and inspection of such vendors shall comply with state law.

(9)

Outdoor storage.

Any site area used for long-term (more than 24 hours) retention of materials, machinery, equipment, and/or commodities, excluding new or used motor vehicle sales and rental display.

(10)

Residential garage (detached).

An enclosed and detached structure accessory to the primary residence for parking and storing vehicles, with no facilities for commercial or public mechanical service or repair.

(11)

Sidewalk cafe.

An outdoor eating and/or drinking area on or adjacent to a public plaza, square, sidewalk, or parkway, with removable tables, chairs, planters, or related appurtenances.

(12)

Storage shed (residential).

A non-habitable structure on the lot for storage of household and related items.

(13)

Solar or wind energy equipment (building mounted).

Photovoltaic cells or wind turbines converting solar energy into electricity, mounted on a residential structure.

(14)

Solar or wind energy equipment (ground mounted).

Photovoltaic cells or wind turbines converting solar energy into electricity, mounted on the ground.

(15)

Temporary food vendor.

A business or individual providing prepared food at a fixed location for a limited time, typically in conjunction with a single event like a fair, festival, or celebration.

(l)

Temporary uses.

(1)

Construction office.

A facility or area used as a temporary field construction office.

(2)

Construction related storage yard.

A facility or area for the temporary outdoor storage of construction equipment and materials associated with an active demolition or construction permit.

(3)

Farmer's market.

Seasonal retail sale of fresh produce, flowers, herbs, plants, processed food products, crafts, art, clothing, and other goods by individuals who have raised or produced the items, held in a pre-designated area.

(4)

Festivals and civic events (includes carnival, circus, or amusement rides).

Temporary traveling shows or exhibitions with no permanent structures, including carnivals, circuses, or amusement rides operated for a fee.

(5)

Garage sales.

The periodic sale of miscellaneous household goods, often held in the garage or front yard of a residence.

(6)

Other temporary outside display and sales.

All other temporary outside display and sales, including roadside vending not covered in other categories.

(7)

Seasonal sales.

Temporary outside display and sales of products related to seasonal events and holidays.

(8)

Temporary real estate sales office.

A facility or area used as a temporary office to sell real estate within a specified area or subdivision.

(9)

Model home.

A house in a new development, furnished and decorated for prospective buyers, that may also serve as a temporary real estate sales office.

(10)

Temporary storage containers.

Purpose-built box-like containers, designed for temporary storage of goods or equipment, typically used during moving or remodeling, and designed for easy loading to and from transport vehicles.

(11)

Any other temporary use or structure (other than listed above).

Includes all other temporary uses or structures not defined in this section.

(m)

Other terms used.

Administrator.

The person(s) appointed by the mayor responsible for administering the different provisions of this ordinance. Different sections in this ordinance may be administered by different department heads but still under the umbrella of "administrator."

Alley.

A public place or thoroughfare providing secondary access to properties.

Alterations, building or site.

Any changes, additions, demolitions, or modifications made to the physical aspects of any building (interior or exterior) or site.

Amenities.

Facilities or improvements that provide benefits to users or residents of a building, site, or development.

Annexation.

The process whereby the town expands its boundaries by adding a specific geographic area into its corporate limits.

Apartment.

A room or a suite of rooms within an apartment house arranged or designed for residence by a single-family or group of individuals living together.

Apartment house.

A building designed or occupied as three (3) or more dwelling units or apartments, or as a residence for three (3) or more families.

Architectural finish or treatment.

A finish characterized by a uniform appearance pertaining to materials, features, characteristics, or details most often specified for exposed surfaces used to build or ornament a structure.

Area of the lot.

The area of the lot shall be the net area of the lot and shall not include portions of public streets, or alleys.

Arterial or arterial street or roadway.

As defined by the town's adopted master thoroughfare plan.

Articulation, building.

Off-sets, projections, recessed walls, windows, doors, and similar features providing variation to a building facade and its roof line.

Attic.

The part of the building under the roof structure that may or may not be habitable. Attics less than 7' in height shall not be counted towards the number of stories limitation.

Automobiles.

Any vehicle propelled by mechanical power for general passenger use on the road, such as cars, vans, or passenger trucks. Excludes freight trucks (18 wheelers), campers, RVs, and recreational trailers, equipment such as construction equipment, forklifts, farm implements, and neighborhood electric vehicles or golf carts.

Awning.

A roof-like cover, often of fabric, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and that projects from a wall or roof of a structure over a window, walk, or door.

Bedroom.

A habitable room that is used primarily for sleeping in any dwelling unit.

Berm.

A mound of soil, either natural or manmade, used to screen and visually separate, in part or entirely, one area, site, or property from the view of another area.

Block.

An area enclosed by streets and occupied by or intended for buildings, or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on the said side.

Building or structure.

Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property. Each subdivided portion sufficient to prevent the spread of fire may be deemed a separate building.

Building height. "Building height" is the number of stories contained in a building and/or the number of feet above the average level of the adjoining ground.

Building line. A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the property line that a building may be erected.

Building lot. A single tract of land within a block designed to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place.

Building official. The officer or other designated authority charged with the administration and enforcement of town ordinances related to construction, building, plumbing, electrical, or mechanical work.

Building permit. An official certificate of permission issued by the town to a builder to construct, enlarge, or alter a building.

Building, primary. The main building on a lot in which a primary use of the lot on which it is located is conducted.

Caliper.

The diameter of the trunk, measured at breast height (DBH), which is typically four and one-half feet above the ground.

Canopy.

A roof-like cover or structure, including an awning or marquee, which projects from the wall of a building over a door, entrance, window, or sidewalk cafe area (same as awning).

Certificate of occupancy.

A certificate issued by the town prior to using or occupying a structure or building.

Collector street.

As defined by the town's adopted master thoroughfare plan.

Column.

An architectural support of definite proportions, usually cylindrical in shape, with shaft, capital, and sometimes a base. A column may be freestanding or attached to a wall.

Commercial use or building.

The use of land or building for commercial or business purposes as listed in section 14.03.072.

Comprehensive plan.

The plan most recently adopted by the town council as the official policy to guide development of the town and its extraterritorial jurisdiction. The comprehensive plan includes any applicable sub-area, neighborhood, sector, or district plans, and other supporting elements, studies, and documents as may be adopted by the town council.

Concept plan.

A framework plan establishing the lose boundaries of the use or character areas (zoning districts, mixed-use districts or planned development sub-districts), and major street and open space networks. Provides the necessary information on the scale, intensity, and character of the development to inform decision makers during rezoning and subsequent site planning.

Courtyard.

A landscaped open, unoccupied space bounded on three or more sides by the walls of a building. An inner courtyard is a court entirely surrounded by the exterior walls of a building. An outer courtyard is a court having one side open to a street, alley, yard or other permanent space.

Cul-de-sac.

A dead-end street with an approved turnaround having only one common entry and exit.

Density.

The number of dwelling units permitted per net acre of land. A net acre of land does not include portions of streets or alleys.

Development or to develop.

(1)

"Development" shall mean:

(A)

Construction of a new building(s) or structure(s) on one or more building lots;

(B)

The existence of a building on a building lot;

(C)

The use of open land for a new use;

(D)

Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials; or,

(2)

"To develop" shall mean to create a development.

Development plan.

A more detailed plan than a concept plan and less detail than a site plan and required for larger master planned developments under the PD zoning districts. Based on an approved concept plan, it establishes standards and specifications for critical elements of the built environment.

Display.

The exhibition of goods, wares, or merchandise for retail sale, rental, or lease.

District.

A section of the town for which the regulations of this article, such as the area, height, use, etc., of the land and buildings, are uniform. See zoning district.

Dormers or dormer windows.

A roofed structure, often containing a window that projects vertically beyond the plane of a pitched or sloped roof.

Duplex.

A two-family dwelling unit with a common shared wall or shared floor located on the same lot or adjoining lots.

Dwelling unit.

A self-contained unit of accommodation of one or more rooms including kitchen designed as a residence for occupancy by one household for the purpose of cooking, living, and sleeping. This definition shall include single-family dwellings, two-family dwellings, and multiple-family dwellings but not hotels or motels.

Dwelling unit, accessory. See under accessory use.

Dwellings, attached. A dwelling which is joined to another dwelling at one or more sides by a partial wall or walls.

Dwelling, detached. A dwelling which is entirely surrounded by open space on its building lot.

Dwelling multiple-family. Any building or portion thereof designed or occupied as two (2) or more dwelling units or apartments for two (2) or more families.

Dwelling single-family. A detached building, but not a house trailer, having accommodations for and occupied by not more than one (1) family, located on a lot or separate building tract, and having no physical connection to a building located on any other separate lot or tract.

Dwelling two-family. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family as two (2) families.

Easement.

A grant of one or more property rights by the owner to, or for the use by, the public, a corporation, or another person or entity without actual ownership of the land.

Easements, shared or cross access.

The coordination of private access easements and driveway access between adjoining properties with the goal of allowing users to travel across each other's lot to reach adjoining properties or street(s).

Entryway.

The doorway into a building along with the architectural treatments that accompany it.

Environmental impact assessments.

An environmental impact study that includes, but is not limited to, assessments of air and water quality, noise levels, vegetation, wildlife, soil erosion, watersheds, wetlands, and potential impacts of a proposed development on local ecosystems.

Extraterritorial jurisdiction (ETJ).

The area outside the town's incorporated limits where the town can legally exercise its planning authority.

Facade.

Any exterior wall or face of a building that encloses or covers usable space. Multiple buildings on the same lot will each be deemed to have separate facades. A roof shall not be included in the definition of a facade.

Family.

One (1) or more persons occupying a premises and living as a single housekeeping unit, with single kitchen or culinary facilities in which not more than two (2) individuals are unrelated by blood, marriage or adoption, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

Fence or wall.

A barrier composed of posts connected by boards, rails, panels, wire or even vegetation for the purpose of physically enclosing an area or separating parcels of land. The term "fence" does include retaining walls if such walls provide enclosure and/or separation of parcels.

Fire lane.

The area within any public right-of-way, easement, or private property designated for fire trucks and other firefighting or emergency equipment to use, travel upon, and/or park.

Floodplain.

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

Floor area ratio (FAR).

An indicated ratio between the number of square feet of total floor area in the main buildings on a lot and the total square footage of land in the lot. The term "floor area ratio" means the number resulting from dividing the main building floor area by the lot area.

Freeway or highway.

Any regional or interstate high-speed roadway with controlled access.

Freeway or highway frontage road.

Frontage road (also known as an access road, service road, parallel road, etc.) is a local road running parallel to a freeway or a highway. A frontage road is often used to provide access to adjoining properties and development.

Gable roof or sloped roof.

A gable roof consists of two roof sections sloping in opposite directions and placed such that the highest, horizontal edges meet to form the ridge of the roof.

Glare.

A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Grade.

The average of the finished ground surface elevations measured at the highest and lowest exterior corners of a structure.

Gross floor area (GFA).

When applied to a building, the area in square feet measured by taking outside dimensions of the building at each floor, excluding however, the floor area of basements or attics when not occupied or used.

Ground cover.

Plants and turfs that normally reach a height of less than two feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

Height, building.

The vertical distance measured from the average finished grade next to the building to:

(1)

To the highest point of the roof surface or parapet, if a flat roof;

(2)

To the deck line of a mansard roof; or

(3)

To the mean height level between eaves and ridge for a gable, hip or gambrel roof.

Hip or hipped roof.

A hipped roof consists of all sides sloping downwards towards the walls of the structure it is covering.

Historic structure.

Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the US Department of the Interior) or preliminarily determined by the Secretary of the Interior to meet the requirements for individual listing;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district to qualify as a registered historic district;

(3)

Individually listed on the Texas Historical Commission website or database which has been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified.

Hotel.

A "hotel" is an establishment offering lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms is through a common entrance or lobby. A hotel is a nonresidential use.

Infrastructure.

The essential facilities such as water lines, sewer lines, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the provision of public services and protection of the health, safety, and general welfare.

Irrigation system.

A method of providing the proper amount of water for the particular type of plant material used.

Junk.

Defined as scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipefittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated, or obsolete to be unusable in their existing condition and subject to being dismantled for scrap.

Landscape architect.

A person licensed to practice landscape architecture pursuant to the laws of the State of Texas.

Landscaping.

Living plant material, including but not limited to grass, trees, shrubs, berms, water forms, and planters.

Loading space, off-street.

Space logically and conveniently located and designated on a site for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot.

A platted parcel of land intended to be separately owned or developed, and that is recorded in the property records of Denton County, Texas.

Lot, adjoining or adjacent. Any lot, parcel, or piece of land that shares an interior lot line, alley, or any point of tangency with the lot under consideration.

Lot area. That area of a horizontal plane bounded by the front, side, and rear lot lines, including any portion of an easement which may exist within such property lines, and exclusive of approved rights-of-way for public street, private street, alley, or rail purposes.

Lot, corner. A lot situated at the intersection of two or more streets.

Lot, coverage. The percentage of the lot area that is covered by a building or structure.

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

Figure 14.03.003-1

Measurement of Lot Width and Depth

Lot, double frontage or through. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lots shall provide a front yard on each street.

Lot line.

The boundary of a lot, sometimes more particularly referred to as follows:

Front. That boundary of a lot that abuts a public street, private street, or approved access easement. On corner lots, the front lot line shall be the shorter line abutting a public street, private street, or approved access easement.

Interior. A lot line which is common to two lots.

Rear. That boundary of a lot that is opposite the front lot line and that is most nearly parallel with the front lot line.

Side. That boundary that is not a front or rear lot line.

Lot width.

The horizontal distance between side lot lines measured at the required front setback line.

[Multi-family development.]

Multi-family buildings and associated uses and site amenities that are master planned together (even if they may be built in different phases). Such development could be on one lot or multiple lots or one building or multiple buildings.

Non-conforming use, lot, or structure.

See section 14.03.007.

Non-residential.

A catch-all land or building use category that includes all uses except residential (single and multi-family) uses.

Occupancy.

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

Office.

A range of commercial, nonprofit, or governmental activities that occur within buildings where employees and visitors are the primary users of the buildings and such uses are typically not related to direct retail trade with customers.

Open space.

Publicly accessible open land in the form of parks, courtyards, forecourts, plazas, greens, playgrounds, squares, etc., provided to meet the standards in of this ordinance. Open space may be privately or publicly owned and/or maintained.

Open storage.

The storage of any equipment, machinery, commodities, raw or semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet (6) above ground level.

Owner, property or proprietor.

Each and every person or entity who is a recordowner of a fee simple interest or an undivided fee simple interest in a parcel of land per the county tax records. If such parcel is subject to a condominium or other multi-ownership regime, the owners' association representing such multi-ownership regime, and not individual unit owners, shall be deemed the owner thereof.

Parapet.

That portion of the wall which extends above the roof line.

Parking area, public.

An open area other than a street, alley or place, used for the temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

Parking area, semi-public.

An open area other than a street, alley or place, used for temporary parking of more than four (4) self-propelled vehicles, as an accessory use to semi-public institutions, schools, churches, hospitals and noncommercial clubs.

Parking lot.

Paved surfaces used for the storage of vehicles in parking spaces for limited periods of time, including but not limited to: truck parking; motor vehicle display, loading, or storage areas; and/or boat sales.

Parking lot screen.

A freestanding wall or living fence or combination fence built along any lot's street frontage in order to screen a parking lot or a loading/service area from view along that street.

Parking lot structure (automobile).

A structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

Parking space, off-street.

A surface area, enclosed or unenclosed, at least ten feet (10') by twenty feet (20') so that it is sufficient in size to store one (1) automobile together with a surface driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile. Handicapped parking spaces shall be at least fourteen feet (14') by twenty feet (20').

Parking, off-street, incidental to main use.

Off-street parking spaces provided in accordance with the requirements specified in this article and located on the lot or tract occupied by the main use or within three hundred (300) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Parkway.

The area of right-of-way between the curb and the property line normally publicly owned and consisting of a variable width and may include the sidewalk and/or landscaping.

Person.

An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

Planning and zoning commission.

The planning and zoning commission of the Town of Cross Roads.

Plat.

A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the town and subject to approval by the planning and zoning commission. Reference to a final plat in this ordinance means an official plat of record which has been approved by the planning and zoning commission and filed in the plat records of Denton County, as applicable.

Playground.

An outdoor area designed for unorganized recreational play. Playgrounds may consist of open space or informal play areas containing equipment such as swings, jungle gyms, seesaws, merry-go-rounds, backstops, goals, and similar equipment. Areas designed specifically for organized athletic events or containing buildings, bleachers, paved surfaces, field lights, or outdoor speakers, are not included within the definition of playground.

Plaza.

A predominantly hard-surfaced space within a block with at least one side open to the street and other edges defined by buildings. Building edges should contain continuous retail, restaurant, or public uses at grade to animate and support the open space.

Porch.

An exterior appendage to a building, forming a roofed approach or vestibule to a doorway, typically the front entryway.

Premises.

Land together with any buildings or structures occupying it.

Primary building entrance.

The public entrance located along the front of a building facing a street or sidewalk and providing access from the public sidewalk to the building. It is different from a secondary entrance which may be located at the side or rear of a building providing private controlled access into the building from a sidewalk, parking area, or service area.

Private drive or street.

An open, unoccupied space, other than a street or alley, permanently established, reserved, or dedicated in private ownership as the principal means of vehicular access to property abutting thereon. A private drive may be within an access easement.

Recreational area.

An area devoted to facilities and equipment for recreational purposes, swimming pools, sports courts, playgrounds, community clubhouses, and other similar uses.

Right-of-way.

A public or private area that allows for the passage of people or goods. Right-of-way includes passageways such as freeways, streets, bike paths, alleys, and walkways. A public right-of-way is a right-of-way that is dedicated or deeded to the public for public use and under control of a public agency.

Screening or screening device.

A "screening device" shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, and acceptable design at least eight feet (8') in height, where the solid area equals at least sixty-five percent (65%) of the wall surface, including an entrance gate or gates; or foliage of an acceptable type with a density that will not permit through passage; or an acceptable combination of these materials. Such screening device shall be continuously maintained.

Screening shrub.

Shrubs which provide a dense, evergreen, opaque visual barrier.

Service bay.

A part of a building or structure used for providing maintenance, installation, or service to a single vehicle.

Setback or yard.

An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward, unless specifically otherwise permitted in this ordinance.

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

Setback, side (interior) or side yard. A yard extending from the side lot line that is not adjacent to a street and being the minimum horizontal distance between any side facade of the primary building or projections thereof and the side lot line.

Setback, street side. A yard extending from the side lot line that is adjacent to a street and being the minimum horizontal distance between any side facade of the primary building including any enclosed projections and the side lot line.

Setback, street front. A yard extending along the primary street frontage of a lot and being the minimum horizontal distance between the street right-of-way line and main building facade (including any enclosed projections) with the primary building entrance.

Shared parking.

One or more parking facilities shared by multiple users on separate lots.

Sidewalk.

A paved walkway along the side of a street.

Sight-line.

When used herein, the term "sight-line" shall mean a visibility triangle of at least twenty feet (20') per side.

Sign.

A "sign" is a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution, or business. A "sign" is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building.

Sign, advertising. An "advertising sign" is a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.

Sign, billboard. A sign which is usually a primary use of land and which promotes and advertises commodities or services not limited to being offered on the premises on which such signs are located.

Sign, agricultural. An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.

Sign, business. A "business sign" is a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered upon the premises.

Sign, construction. A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located.

Sign, flashing. A "flashing sign" is an illuminated sign on which the artificial light is not maintained stationary, or in constant intensity of color at all times when such sign is in use. Flashing signs are expressly prohibited by this article. For the purpose of this article, any revolving illuminated sign shall be considered as a flashing sign.

Sign, illuminated. An "illuminated sign" is any sign designed to reflect light from one (1) or more sources, natural or artificial.

Sign, institutional. An accessory sign for the identifying of a school, church, hospital or similar public or quasi-public institution.

Sign, monument. A sign greater in length than height and is built on a base with no separation between the base of the sign and the natural grade.

Sign, real estate. A temporary accessory sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.

Site.

The total area of a lot or tract of land, from property line to property line, including any land subject to any easement or license. A site shall be a homogeneous parcel under single ownership or unified control.

Site plan.

An architectural plan, landscape architecture, engineering drawing or other graphic depiction showing all proposed improvements (buildings, fences, parking, landscaping, utilities, etc.) on a given lot.

Special use permit (SP).

The use of any building, structure, or land not specifically allowed by district regulations, but permitted with a special use permit (SP) through town council action in accordance with section 14.03.116 of this ordinance.

Story or floor.

That portion of a building, other than a basement, included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling above the floor of such story. This includes any mezzanine or loft which may comprise only a portion of a full floor plate.

Street.

A public way for vehicular traffic.

Structural alterations.

Any change in the supporting member of a building, such as a bearing wall, column, beams, or girders.

Structure.

An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, poles, water towers, cranes, smokestacks, earth formations, and overhead transmission lines.

Substantial improvement.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before start of construction of the improvement, as determined by the Denton Central Appraisal District or by a private certified appraisal, whichever is greater. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed, but does not include improvements to correct existing code violations necessary to assure safe living conditions, or alterations of historic structures that maintain their designation.

Sustainability practices.

Incorporation of sustainable practices in a develop [development] in order to reduce environmental impact and promote energy efficiency. This includes the use of renewable energy sources, energy-efficient building materials and systems, water conservation measures, and waste reduction strategies.

Tandem parking.

When two cars share one deep parking space in which they park one behind the other.

Telecommunications.

The transmission of audio and/or visual information between specific points without change in the form or content of the information as sent and received.

Telecommunications service.

The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Telecommunications tower.

A structure designed to support one or more antennae that transmit information (audio, video, data) via electromagnetic signals to receivers. Towers may be freestanding or building-mounted and may be concealed or unconcealed. An auxiliary structure housing electronic communications equipment is permitted as part of this use. The term does not include a clock tower, bell tower, steeple, light pole, power pole, water tower, or similar structure that incidentally supports antennae.

Texture.

The visual and especially tactile quality of the surface of a building with respect to the size, shape, arrangement, and finish of the exterior building material.

Thoroughfare.

Those public streets designated on the most recently adopted town master thoroughfare plan as arterials or collectors.

Topography.

The study and description of natural and manmade land and water features of an area.

Tower, height.

The distance measured from grade to the highest point of any and all components of the structure, including antennae, hazard lighting, and other appurtenances, if any.

Town.

The word "town" shall mean the Town of Cross Roads, Texas.

Town council.

town council or council means the governing body of the Town of Cross Roads.

Town staff.

Any employee of the Town of Cross Roads.

Trailer.

A portable dwelling unit designed to move on wheels from location to location by automobile or truck.

Trailer court or park.

A lot where parking facilities and accommodations are provided on a temporary or transient basis for house cars or automobile trailers used for human habitation.

Tree, ornamental.

A perennial woody plant generally of 25 feet or less at maturity that may branch to the ground and has significant seasonal color, texture, or other ornamental characteristics.

Tree, protected.

Any existing tree of at least six (6) caliper inches that is indicated to be retained after development of the site.

Tree, shade or canopy.

A perennial woody plant, single or multiple trunk, with few if any branches on its lower part, which at maturity will obtain a minimum six inch caliper.

Use.

When applied to land or buildings, the purpose or activity for which such land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, principal.

A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use.

Utility facilities, private or franchised.

Non-public utilities requiring specific facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or the normal franchised utilities.

Variance.

An adjustment in the application of the specific regulations of this ordinance to a particular piece of property, which, because of special circumstances uniquely applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges. A variance may be granted solely by the zoning board of adjustment in accordance with the provision of section 14.03.041.

Yard.

The ground that immediately adjoins or surrounds a structure. The front yard is the area between the structure and the primary street it fronts on. The side yard is on the sides of the structure, generally perpendicular to the front yard. The rear yard is behind the structure/s and on the opposite side of the primary street.

Zoning administrator.

See administrator.

Zoning district or district.

An area designation for which the regulations governing the area, height, and use of buildings and land are uniform.

Zoning map.

The map or maps, either physical or electronic, incorporated into this ordinance as a part hereof by reference thereto that identify the different zoning districts established by this ordinance.

[Ordinance 2024-10 adopted 9/16/2024; Ordinance 2025-19 adopted 11/17/2025]

	Small Structures less than 10,000 sq. ft.	Large Structures greater than or equal to 10,000 sq. ft.	Multi-family Structures
Group 1	2 minimum	4 minimum	6 minimum
Group 2	2 minimum	3 minimum	6 minimum
Group 3	2 minimum	3 minimum	6 minimum
Group 4	1 minimum	2 minimum	6 minimum

Figure 1. Rating points
Point Range	Elements	Description
GROUP I
1-4	Porches	Covered areas with columns and sloped roof attached to the main facade of the structure. Must extend at least 6 feet beyond the main facade and across at least 15% of the facade.
1-2	Trellises	Trellis used to enhance an entry feature or as a shaded walkway.
1-4	Covered walkways	An exterior walkway at least 6' in depth protected by the roof of the main structure, and across at least 15% of the facade.
1-3	Canopies/awnings	Coverings of canvas, metal, standing seam, or other material hung from the building facade to protect windows or door openings.
2	Roof overhangs	Buildings that feature a pitched roof or partially pitched roof with overhang at least 4 feet beyond the primary facade.
GROUP II (NOTE: Mandatory requirements for number of materials apply. No more than three materials per building)
2-6	Stone/natural materials	If stone or natural materials are used, then they shall cover at least 40% of facade (exclusive of doors and windows). A weathered wood facade may be used with a specific approval of the building official.
1-3	Cast stone	If cast stone is used, then it shall cover at least 30% of facade (exclusive of doors and windows). A weathered wood facade may be used with a specific approval of the building official.
1-3	Architectural details in the facade	Ornamental brick work, stone window/door lintels, decorative window details, cast stone details, etc.
GROUP III
1-3	Pitched roof	Pitched roof covering 100% of the total roof area with a pitch of at least 3:12 and no visible flat roofline.
1-2	Gabled elements	If a flat roof is used, gabled parapet walls are used to break up long facades
1-4	Varied roof heights	Within a pitched roof, varied roof heights or dormers to break up the line of the roof.
1-2	Standing seam metal roof	Use of standing seam metal roof materials for a pitched roof or mansard roof elements.
GROUP IV
1-2	Decorative paving at sidewalks	Pavers or decorative concrete for minimum of 10% of total walkways.
1-4	Site amenities	Outdoor seating, patio areas, fountains, large planters, decorative light fixtures, or public sculpture/artwork.

Cross Roads City Zoning Code

DIVISION 1

§ 14.03.001 Citation and reference.

§ 14.03.002 Purpose.

§ 14.03.003 Definitions.

§ 14.03.004 Authority, exceptions, jurisdictions.

§ 14.03.005 Prohibited establishments.

§ 14.03.006 Certificate of occupancy and compliance.

§ 14.03.007 Non-conforming uses and structures.

§ 14.03.008 Architectural guidelines.