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Edna City Zoning Code

§ 6

Use of Land and Buildings.

6-100 
Land and buildings in each of the following classified districts may be used for any of the following listed uses, but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified for the district in which it is located as set forth by the following schedule:
Legend
P
Designates use permitted in district indicated
 
Designates use prohibited in district indicated
S
Indicates use may be approved as specified use permit (See Section 10)
NOTE: Definitions applicable to following use schedule charts 6-101 through 6-107.
R-1
One-Family, Multifamily, Modular and Manufactured Housing Dwellings
R-2
One-Family, Multifamily, and Modular Housing Dwellings
C
Parking District, Office District, Neighborhood Service District, Retail District, Commercial
I
Industrial
PD
Planned Development
CHART 6-101 PRIMARY RESIDENTIAL USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
One-Family Dwelling Detached
P
P
P
S
S
One-Family Dwelling Attached
P
P
P
S
S
Two-Family Dwelling
P
P
P
S
S
Multiple-Family or Apartment Building
P
P
P
S
S
Boarding House
P
P
P
S
S
Rooming House
P
P
P
S
S
Recreational Vehicle
 
P
P
S
S
Manufactured Housing Communities
S
S
S
S
S
Manufactured Housing
P
 
P
S
S
Modular Housing
P
P
P
S
S
CHART 6-102 SPECIAL USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Airport, Heliport, or Landing Field
S
S
S
P
S
Cemetery or Mausoleum
S
S
S
P
S
Church and Rectory
P
P
P
P
S
College, University or Private School
S
S
P
P
S
Country Club (private) with Golf Course
S
S
P
P
S
Day Nursery or Kindergarten School
S
S
P
P
S
Fairgrounds or Exhibition Area
S
S
S
P
S
Farm, Ranch, Garden, or Orchard
S
S
S
S
S
Lodge or Civic Club
S
S
S
P
S
Home for Care of Alcoholic, Narcotic, or Psychiatric Patients
S
S
S
P
S
Hotel or Motel
S
S
P
P
S
Hospital (General Acute Care)
S
S
P
P
S
Hospital (Chronic Care)
S
S
S
P
S
Institutions of Religious or Philanthropic Nature
S
S
P
P
S
Park, Playground, or Community Center (Public)
P
P
P
P
P
Residence Home for Aged
S
S
P
P
S
Schools, Public or Parochial
P
P
P
P
P
CHART 6-103 UTILITY & SERVICE USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Electrical Substation
S
S
S
P
P
Electrical Transmission Lines
P
P
P
P
P
Electrical Generating Plant
 
 
 
P
 
Fire Station
P
P
P
P
P
Gas Transmission Line and Metering Station
P
P
P
P
P
Local Utility Distribution Lines
P
P
P
P
P
Tower for Radio and Television or Microwave Transmission
S
S
S
S
S
Sewage Pumping Station
P
P
P
P
P
Sewage Treatment Plant
 
 
S
S
S
Railroad Tracks and Right-of-Way
P
P
P
P
P
Telephone Lines and Exchange
P
P
P
P
P
Water Reservoir, Water Pumping Station and Well
P
P
P
P
P
Water Treatment Plant
P
P
P
P
P
CHART 6-104 ACCESSORY & INCIDENTAL USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Accessory Buildings
S
S
P
P
 
Farm Accessory Building
S
S
P
P
 
Sign, Special Development
*
*
*
*
*
Home Occupations
S
S
P
P
S
Off-Street Parking Incidental to Main Use
P
P
P
P
P
Swimming Pool (Private)
P
P
P
P
 
Signs, Church and School Bulletin Boards
P
P
P
P
 
Signs, Real Estate Development
S
S
S
S
S
Field Offices, Temporary
*
*
*
*
*
* Control by Building Inspector - See Sec. 14(103) [12-102 and 12-103]
CHART 6-105 AUTOMOBILE TYPE USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Commercial Auto Parking Lot
 
 
P
P
 
Truck Parking Lot
 
 
P
P
 
New or Used Car Lot (Open)
 
 
S
P
 
Auto Sales and Repair In Building
 
 
S
P
 
Automobile Painting and Rebuilding
 
 
S
P
 
Auto Laundry
 
 
S
P
 
Drag Strip or Commercial Racing
 
 
 
S
 
Go-Cart Track
 
 
 
P
 
Used Auto Parts, Sales in Building
 
 
S
P
 
Gasoline Service Station
 
 
S
P
S
Tire Retreading & Capping
 
 
S
P
 
New Auto Accessory and Parts Sales Store
 
 
P
P
 
Seat Cover and Muffler Installation Shop
 
 
S
P
 
CHART 6-106 RETAIL & SERVICE TYPE USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Antique Shop
 
 
P
P
 
Bakery, Retail Sales
 
 
P
P
 
Bowling Alley
 
 
P
P
 
Cafeteria
 
 
P
P
 
Cleaning, Dyeing and Pressing Pickup & Small Shops
 
 
P
P
 
Custom Personal Service Shop
 
 
P
P
S
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Candy or Cake Shop
 
 
P
P
 
Drapery Shop
 
 
P
P
 
Florist and Garden Shop
 
 
P
P
 
Greenhouse or Nursery for Retail Sales
 
 
P
P
S
Hand Craft Shop
 
 
P
P
 
Household Appliance Service and Repair Shop
 
 
P
P
 
Laundry and Cleaning, Self-Service Automatic
 
 
P
P
S
Mimeograph, Stationary or Letter Shop
 
 
P
P
 
Mortuary and Funeral Parlor
S
S
P
P
 
Offices, Professional and Administrative
 
 
P
P
S
Restaurant Without Drive-in Service
 
 
P
P
S
Restaurant With Drive-in Service
 
 
P
P
S
Retail Stores and Shops Offering Goods for Sale
 
 
P
P
S
Studio for Photographer, Musician or Artist
 
 
P
P
 
Studio for Radio or Television
 
 
P
P
 
CHART 6-107 COMMERCIAL & RELATED SERVICE USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Bakery & Confectionary, Commercial, Wholesale or Bottling Works
 
 
P
P
 
Billboard or Advertising Sign
 
 
S
P
 
Business Signs or Pole Signs
 
 
S
P
 
Building Material Sales
 
 
S
P
 
Cabinet or Upholstery Shop
 
 
P
P
 
Cleaning and Dyeing Plant, Commercial
 
 
 
P
 
Contractor’s Shop and Storage Yard
 
 
S
P
 
Commercial Amusements
 
 
S
P
 
Dance Hall, Public
 
 
S
P
 
Drive-In Theater
 
 
S
S
 
Welding or Machine Shop
 
 
S
P
 
Feed Store
 
 
P
P
 
Heavy Machinery Sales and Storage
 
 
S
P
 
Job Printing
 
 
P
P
 
Laundry Plant Commercial
 
 
P
P
 
Milk Depot, Dairy or Ice Cream Plant
 
 
P
P
 
Newspaper Printing
 
 
P
P
 
Paint Shop
 
 
P
P
 
Bus or Railroad Passenger Terminal
 
 
P
P
 
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Railroad Team Track, Freight Depot & Docks
 
 
P
P
 
Scientific and Research Laboratories
 
 
P
P
 
Storage and Repair of Furniture and Appliances inside a Building
 
 
P
P
 
Storage and Repair of Furniture and Appliances outside a Building
 
 
P
P
 
Storage Warehouse
 
 
P
P
 
Trailer Rental or Sales
 
 
P
P
 
Trade or Commercial Schools
 
 
P
P
 
Transfer Storage & Baggage Terminal
 
 
P
P
 
Veterinarian Clinic and Kennels
 
 
S
P
 
Wholesale Office and Sample Room
 
 
P
P
 
CHART 6-107 INDUSTRIAL USES
SCHEDULE OF USES
Numbers in parenthesis refer to Use Definitions - See 6-200 & 6-201
R-1
R-2
C
I
PD
Asphalt Paving Batching Plant
 
 
 
S
 
Concrete Products Manufacture
 
 
 
P
 
Concrete Batching
 
 
 
P
 
Petroleum Well, Line or Storage
S
S
S
S
 
Other **
S
S
S
S
S
** Any manufacturing, industrial servicing or storage process not prohibited by law except those specifically prohibited in Section 6-201(33) [6-201(b)] requires a specific use permit.
6-109 
Classification of new and unlisted uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Edna. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(a) 
The building inspector shall refer the question concerning any new or unlisted use to the Edna Planning Commission requesting an interpretation as to the L.U.M. classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type or [of] product, storage, and amount of nature thereof, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated.
(b) 
The Edna Planning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the L.U.M. District or Districts within which such use should be permitted.
(c) 
The Edna Planning Commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall by resolution approve the recommendation of the Edna Planning Commission or make such determination concerning the classification of such use as is determined appropriate.
6-200 
All definitions and explanations noted in use regulations.
6-201 
The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as set forth in the use schedule and provisions 6-101 through 6-109 inclusive.
(a) 
Definitions
Accessory building:
In a residence district, a subordinate building, attached, or detached and use[d] for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children’s playhouse, storage house or garden shelter, but not involving the conduct of a business. Accessory buildings shall not be used as living quarters. Accessory buildings shall not be larger than the primary building.
Attached buildings/housing:
Joined to or by a wall, especially by sharing a wall with another building; not freestanding: a block of attached houses.
Bakery, retail:
A baking establishment preparing, baking and selling all products on the premises where prepared.
Billboards or advertising sign:
Poster panel, painted bulletin or other advertising device which promotes and advertises commodities or services not offered on the premises on which such sign is located.
Business sign:
A graphic device which advertises only commodities or service offered on the premises where such sign is located.
Cleaning, small plant or shop:
A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area.
College, university or private school:
An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools.
Custom personal service
such as tailor, shoe repair, barber, beauty shop, health studio or travel agency.
Day nursery or kindergarten school:
An establishment where four (4) or more children are left for care or training during the day or portion thereof.
Detached buildings/housing:
Standing apart from other buildings/housing; a house that stands alone; separate: a house with a detached garage.
Duplex housing:
Two-family attached housing.
Equipment in self-service laundry and dry cleaning establishment
to be of similar size as customarily found in the home, of the customer self-service and not a commercial laundry or cleaning plant.
Farm, ranch, garden or orchard:
An area of one (1) acre or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. The keeping of sheep for the maintenance of laws [lawns] by grazing on single lots or small tracts shall be permitted provided the maintenance of such animals does not constitute a nuisance or become offensive to adjacent property owners.
Home occupations:
A home occupation is an occupation customarily carried on in the home by a member of the occupant’s family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as odor, increased, traffic, light or smoke.
Hospital (acute care):
An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.
Hospital (chronic care):
An institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.
House:
A structure serving as a dwelling for one or more persons, especially for a family.
Household appliance service and repair,
including radio and television, but not involving the use of equipment which generates noise, odor or electrical frequencies so as to interfere with the use and enjoyment of adjacent property.
Institutions of religious or philanthropic nature:
Institutions sponsored or operated by organizations established for religious or philanthropic purposes including orphans’ homes, aged homes, training and educational facilities[,] meeting establishments and places of residences.
Manufactured Housing:
A Mobile Home or HUD-Code Manufactured Home, as those terms are defined by Texas Revised Civil Statutes Annotated, article 5221f, § 4A, as may be recodified or amended by the Texas Legislature.
Manufactured Housing Community:
A lot or parcel of land containing spaces with improvements and utilities that are leased for the long-term occupancy and placement of manufactured housing, and that include services and facilities for the residents.
Modular or Industrialized Housing:
A residential structure that is:
(1) 
designed for the occupancy of one or more families;
(2) 
constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
(3) 
designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
(a) 
Modular housing includes the structure’s plumbing, heating, air-conditioning, and electrical systems.
(b) 
Modular housing does not include:
(i) 
a residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;
(ii) 
housing constructed of a sectional or panelized system that does not use a modular component; or
(iii) 
a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
Multiple-family dwelling, apartment:
A dwelling structure designed and constructed to provide separate dwelling facilities for three (3) or more families. In the R District, not more than four (4) family units may be contained in any one multiple-family structure.
One-family dwelling, attached:
A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designated for occupancy by one (1) family.
Railroad track and right-of-way,
but not including railroad stations, sidings, team tracks[,] loading facilities, docks, yards or maintenance areas.
Recreational Vehicle:
A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use. The term specifically includes but is not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.
Recreational Vehicle Park:
A lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
Residence home for aged:
A home where elderly people are provided with lodging and meals with or without nursing care.
Restaurant without drive-in service:
An eating establishment which has a dining room or dining area and where no food or drink service is to patrons in automobiles.
Retail store and shops
offering all types of consumer goods for sale, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials.
School, public or parochial:
A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private or trade or commercial schools.
Signs, church and schools:
Nameplates and bulletin boards for schools and churches, but not exceeding thirty (30) square feet in area and not of a flashing, intermittent, revolving or similarly lighted type.
Signs, real estate:
Temporary signs pertaining to the sale or rental of property not exceeding twenty (20) square feet in area and advertising property only for a use for which it is legally zoned.
Telephone line and exchange,
but not including public business facilities, storage or repair facilities.
Temporary field offices:
Portable building or temporary building used as field office for a real estate [company].
Two-family housing:
Duplex attached housing.
Wrecking or salvage yard:
Any operation involving the storing, dismantling or salvaging automobile, machinery, appliances, rags, paper or similar equipment or commodities. Where wrecking and salvage operations are permitted by specific use permit, the operation must be enclosed by a solid fence which will constitute a visual barrier from the street or highway and from the adjoining property.
Veterinarian clinics or kennels:
Veterinarian offices not involving the boarding of animals or open animal pens may be approved in the C and R Districts by specific use permits. Facilities involving the quartering of animals on the premises may be located in the C and I Districts.
(b) 
Explanatory Notes:
(1) 
Except the following uses, any manufacturing, industrial serving or storage process not prohibited by law may be located in the I District upon approval by the city council in accordance with the procedure established in section 10:
(a) 
Animal slaughtering or chicken killing
(b) 
Acid manufacture
(c) 
Ammonia manufacture
(d) 
Automobile wrecking or salvage yard
(e) 
Carbon black manufacture
(f) 
Cement, lime, gypsum or plaster of paris manufacture
(g) 
Chlorine manufacture
(h) 
Explosives storage or manufacture
(i) 
Glue and fertilizer manufacture
(j) 
Petroleum and petroleum products refining and manufacture
(k) 
Petrochemical plant
(l) 
Rendering plant
(m) 
Tanning, curing, treating, or storage
(n) 
Any use which due to possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire is presently or in the future is determined a hazard and subject to special control.
(2) 
All exterior display of furniture, appliances or similar material must be behind the front yard line established in the district in which the use is located.
(3) 
The display of plants offered for sale must be behind the front yard line established in the district in which the nursery or greenhouse is located.
(Ordinance 2004-24 adopted 1/20/05; Ordinance 2016-07, sec. 2D, adopted 8/8/16)