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Florence City Zoning Code

Division 5

Development Standards

§ 14.02.121 Off-street parking and loading requirements.

(a) 
Purpose.
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
(b) 
Residential districts - Special off-street parking provisions.
(1) 
Required off-street parking shall be provided on the same site as the use it is to serve.
(2) 
All required vehicle parking shall be on a suitably paved parking surface. All driveways and approaches to parking spaces shall be similarly paved, except in the AG district. All new construction must meet approved parking requirements and obtain a permit.
(3) 
No required parking space, garage, carport, or other automobile storage Space shall be used for the storage of any heavy load vehicle (see definitions, 14.02.128). Must have approved drive for load capacity.
(c) 
Non-residential and MF Districts - Special off-street parking provisions.
(1) 
To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties.
(2) 
For safety and firefighting purposes, free access through to adjacent non-residential parking areas shall be provided in accordance with section 5.1.1, "Fire Lanes."
(3) 
All off-street parking, maneuvering, loading and storage areas shall be constructed with an all-weather surface in accordance with the parking lot paving requirements in the City Code of Ordinances and with any applicable State requirements.
(4) 
Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space. These requirements shall not apply to parking lots constructed with an all-weather surface such as gravel, as permitted within the Central Business District (section 14.02.071).
(5) 
Each standard off-street surface parking space size shall be in accordance with the City Technical Construction Standards and Specifications (TCSS) Manual.
(6) 
All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device, such as a curb or wheel stop, installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures or facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide walkway on private property may be permitted to allow encroachment of vehicle overhang while maintaining an unobstructed six-foot (6') minimum walkway width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, with the exception of CBD and mixed-use areas, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.
(7) 
In all non-residential and multiple-family zoning district the perimeter of all parking lots and driveways shall be provided with ribbon concrete curbs or other means such as concrete curbing.
(8) 
Refuse storage facilities placed in a parking lot shall not be in a designated parking or loading space. Each refuse facility shall be located to facilitate pickup by refuse collection agencies, and shall be appropriately screened, as required by section 14.02.123(b)(5).
(9) 
Parking space(s) for persons with disabilities and other associated provisions shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA). Parking spaces for persons with disabilities shall be as close as possible to the entryway of the appropriate structure and shall be appropriately and clearly marked.
(10) 
In all non-residential and multiple-family zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas, including advertising or open storage of raw materials.
(11) 
All requirements set forth in this section will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Mayor/City Secretary or his/her designee.
(12) 
Off-street stacking requirements for drive-through facilities shall be as follows. If an escape lane is provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency or accidental entry, it shall be of at least eight feet (8') in width and shall have a negotiable geometric design.
(A) 
A stacking space shall be an area on a site measuring at least eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.
(B) 
For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of four (4) stacking spaces.
(C) 
For retail operations, other than restaurants, banks and kiosks that provide drive-up service, including pharmacy and dry cleaners, a minimum of three (3) stacking spaces for each service window shall be provided.
(D) 
For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of four (4) stacking spaces. For the finish and drying area, adequate vehicle stacking, and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes and streets.
(E) 
For each automated self-service car wash bay, a minimum of three (3) stacking Spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing unless a separate area and shade structure is provided, outside of circulation aisles, for these activities.
(F) 
For each wand-type self-service car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area and shade structure is provided, outside of circulation aisles, for these activities.
(G) 
For automobile quick-lube type facilities, a minimum of three (3) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.
(H) 
For restaurants with drive-thru service, a minimum of five (5) stacking spaces shall be provided for the first (or only) window, and if applicable, a minimum of two (2) stacking spaces for each subsequent window.
(13) 
All parking structures must conform to the construction and design standards of the district in which they are located.
(d) 
Off-street loading space - All districts.
(1) 
All retail and similar non-residential structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks. Such off-street loading space may be adjacent to, but not on any portion of, a public alley or private service drive, or it may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of twelve feet by forty-five feet (12' x 45'), and such spaces or berths shall be provided in accordance with the following schedule:
Total Square Feet of Gross Floor Area in Structure
Minimum Required Spaces or Berths
0 to 15,000 square feet
None
15,001 to 50,000 square feet
1
50,001 to 100,000 square feet
2
Each additional 100,000 square feet
1 additional
(2) 
In all non-residential zoning districts, loading docks or service or delivery entrances shall not be constructed facing any public street, and will provide screening to block visibility from any public street.
(3) 
In all non-residential zoning districts, loading docks for any establishment that is adjacent to a residential use or district shall be setback from the adjacent residential district boundary by a distance of at least sixty feet (60'). In addition, such loading docks shall be designed and constructed to enclose the loading operation on three sides, to reduce the effects of the noise of the operation on adjacent residences.
(4) 
Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through, "circular" drive for each ten (10) students cared for, excluding childcare in a residence. An additional lane shall also be required to allow pass-by or through traffic to move while automobiles waiting or parked to pick up children occupy loading and unloading areas.
(e) 
Parking access from a public street - All districts.
(1) 
In the approval of a site plan, design consideration shall be given to providing entrance and exit drive(s) which extend into the site to provide adequate queuing of vehicles on the site.
(2) 
In all districts, except single-family zoning districts, building plans shall provide for entrance and exit drive(s) appropriately designed and located to minimize traffic congestion or Conflict within the site and with adjoining public streets as approved by the Planning and Zoning Committee City Council, and TxDOT, if applicable.
(A) 
Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer to reduce such interference.
(B) 
The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.
(3) 
Vehicular access to non-residential uses shall not be permitted from alleys serving residential areas except for utility access.
(4) 
Vehicular access to non-residential uses shall not be configured as "head-in" parking spaces that are accessed directly from the street, except in the Central Business District and the Mixed-Use District.
(5) 
Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to the City Technical Construction Standards and Specifications (TCSS) Manual.
(f) 
Parking requirements based upon use.
In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:
The City Council shall have the authority to approve a greater or lesser parking requirement if a parking needs analysis, prepared by a qualified traffic engineer, demonstrates that a greater or lesser requirement would be appropriate.
(1) 
Automobile parts sales (indoors).
One (1) space per five hundred (500) square feet of indoor floor area, plus one (1) space for each two thousand (2,000) square feet of outside sales area.
(2) 
Automobile sales or service.
See Motor-Vehicle Sales.
(3) 
Bank, savings and loan, or similar institution.
One (1) space per two hundred and fifty (250) square feet of gross floor area in addition to required four (4) stacking spaces minimum.
(4) 
Bed and breakfast/inn.
One (1) parking space for each sleeping room, plus one (1) parking space for each host resident or employee during maximum (peak) shift
(5) 
Business or professional office (general).
One (1) space per three hundred (300) square feet of gross floor area, except as otherwise specified in zoning district.
(6) 
Car wash (full service).
One (1) space per one hundred fifty (150) square feet of floor area in addition to the required stacking spaces. See subsection (c)(12)(D).
(7) 
Church, rectory, or other place of worship.
One (1) parking space for each four (4) seats in the main auditorium/sanctuary with fixed seating or One (1) parking space for every 30 square feet of non-fixed seating area, whichever is greater. Also refer to permitted shared parking agreements, as outlined in subsection (F)(7).
(8) 
Commercial amusement (indoor).
One (1) space per one hundred (100) square feet of gross floor area, or as follows:
(A) 
Racquetball or handball courts.
Three (3) spaces for each court.
(B) 
Indoor tennis courts.
Six (6) spaces for each court.
(C) 
Gymnasium, skating rinks, and martial arts schools.
One (1) space for each three (3) seats at a maximum seating capacity, based upon maximum occupancy, plus one (1) space for each two hundred (200) square feet.
(D) 
Swimming pool.
One (1) space for each one hundred (100) square feet of gross water surface and deck area.
(E) 
Weightlifting or exercise areas.
One (1) space for each one hundred (100) square feet.
(F) 
Indoor jogging or running tracks.
One (1) space for each one hundred (100) linear feet.
(G) 
Motion picture theaters (not featuring live performances).
(i) 
One (1) space per three and one-half (3 1/2) seats for single screen theaters.
(ii) 
One (1) space per five (5) seats for motion picture theaters with two (2) or more screens.
(H) 
Amusement center.
One (1) space for each game table and one (1) space for each amusement device
(I) 
Subsidiary uses.
All areas for subsidiary uses not listed above or in other parts of this Section, such as restaurants or office, shall be calculated in with the minimum specified for those individual uses.
(9) 
Commercial amusement (outdoor).
Ten (10) spaces minimum plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area.
(10) 
Commercial use.
One (1) space per three hundred (300) square feet of floor area except otherwise specified in zoning district.
(11) 
Community center.
Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area more than two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.
(12) 
Convenience store (with gasoline pumps).
One (1) space per two hundred (200) square feet of floor area, plus one (1) parking space for each side of a gasoline pump unit. Spaces within pump areas quality as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.
(13) 
Convenience store (without gasoline pumps).
One (1) space per two hundred (200) square feet of floor area; parking requirements shall be the same as those required for a retail store.
(14) 
Dance or aerobics studio, or assembly or exhibition hall without fixed seats.
One (1) parking space for each three hundred (300) square feet of floor area thereof.
(15) 
Day nursery, day care center.
One (1) space per ten (10) pupils, based upon maximum occupancy and licensing capacity, plus one (1) space per teacher, plus one (1) space for each bus or van stored on the property sized to accommodate the vehicle.
(16) 
Defensive driving school or class.
One (1) space for each classroom seat.
(17) 
Furniture or appliance store, hardware store, or wholesale establishments.
Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet.
(18) 
Golf course.
Four (4) parking spaces per hole or green plus requirements for retail, office, and club house areas and one (1) space per each two (2) employees.
(19) 
Golf driving range.
One and one-half (1 1/2) spaces for each driving fee.[??]
(20) 
Health club, health spa or exercise club.
One (1) space per one hundred fifty (150) square feet of floor area.
(21) 
Hospital.
One (1) space for each two (2) beds or examination room, whichever is applicable; plus, one (1) space for every two (2) employees during periods of full occupancy.
(22) 
Hotel or motel.
One (1) space per room for the first two hundred fifty (250) rooms and 0.75 space per room for each room over two hundred fifty (250), plus one (1) space per five (5) restaurant/lounge area seats (based upon maximum occupancy), plus one (1) space per one hundred twenty-five (125) square feet of meeting/conference areas.
(A) 
One (1) space per room that contains kitchenette facilities, plus parking for restaurant and meeting areas per ratio stated in this subsection.
(B) 
Two (2) spaces per guest room provided with full kitchen facilities plus parking for restaurant and meeting areas per the ratio stated in this subsection.
(C) 
One (1) space for every two (2) employees during peak (busiest) time periods when the hotel/motel is fully occupied.
(23) 
Institutions of a philanthropic nature, library, museum, or art gallery.
Ten (10) spaces plus one (1) space for each employee or volunteer.
(24) 
Lodge or fraternal organization.
One (1) space per two hundred (200) square feet.
(25) 
Medical or dental office.
One (1) space per two hundred (200) square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.
(26) 
Mortuary or funeral home.
One (1) parking space for each two hundred (200) square feet of floor space in slumber rooms, parlors, or individual funeral service rooms, or one (1) space for each three (3) seats in the auditorium and sanctuary, whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.
(27) 
Motor-vehicle sales and new or used car lots.
One (1) parking space for each five hundred (500) square feet of sales floor/office and other indoor uses, plus one (1) parking space for each one thousand (1,000) square feet of exterior lot area used for storage, sales, and parking areas, plus one (1) parking space per repair bay in service areas, indoors or outdoors, plus one (1) parking space per service or towing vehicle to be stored on-site. Required parking spaces are in addition to those to be used for the storage or display of vehicles for sale or lease.
(28) 
Nursing home, convalescent home, or home for the aged.
One (1) space per six (6) beds; plus, one (1) parking space for each three hundred (300) square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses; plus, one (1) space for every two (2) employees at full occupancy.
(29) 
Office (administrative or professional).
One (1) space for each three hundred (300) square feet of floor area.
(30) 
Pawn shop.
One (1) space for each two hundred (200) square feet of floor area.
(31) 
Package store.
One (1) space for each two hundred (200) square feet of floor area.
(32) 
Places of public assembly not listed.
One (1) space for each four (4) seats provided or one (1) for every 30 square feet of non-fixed seating area.
(33) 
Real estate office.
One (1) space for each two hundred (200) square feet.
(34) 
Restaurant, private club, night club, cafe or similar recreation or amusement establishment.
One (1) parking space for each one hundred (100) square feet of gross floor area and patio dining areas, or one (1) space for every three (3) seats under maximum seating arrangement, whichever is greater. Required parking spaces are in addition to any stacking spaces that may be needed/provided for drive-through or drive-in facilities.
(35) 
Retail or personal service establishment, except as otherwise specified herein.
One (1) space per two hundred (200) square feet of gross floor area, except in the Central Business District (see section 14.02.071) in addition to any required stacking spaces for drive-through facilities. For any retail use or structure over fifty thousand (50,000) square feet in size, the minimum number of parking spaces shall be one (1) space per two hundred and seventy-five (275) square feet, and the maximum number of spaces shall be one (1) space per two hundred and fifty (250) square feet.
(36) 
Retirement housing for the elderly (independent living).
One and one-half (1.5) spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service, or recreational uses.
(37) 
School, elementary (grades K through 6).
One (1) parking space for each fifteen (15) students (design capacity).
(38) 
School, secondary or middle (grades 7-8).
One (1) parking space for each twelve (12) students (design capacity).
(39) 
School, high school (grades 9 through 12).
One (1) space for each three (3) students, faculty, and staff (design capacity).
(40) 
Short term rental.
Two (2) spaces for three (3) bedrooms plus one (1) space for each additional bedroom.
(41) 
Telemarketing.
One (1) space for each two hundred and fifty (250) square feet of floor space.
(42) 
Theater, indoor or outdoor live performances, sports arena, stadium, gymnasium or auditorium, except school auditorium.
One (1) parking space for each three (3) seats or bench seating spaces.
(43) 
Veterinarian clinic.
One (1) space per three hundred (300) square feet of gross floor space.
(44) 
Warehouse or wholesale type uses.
One (1) space for five-thousand (5,000) square feet of gross floor area.
(g) 
Rules for computing number of parking spaces.
In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
(1) 
Calculations related to parking spaces.
Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.
(2) 
Increased number of parking spaces.
Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
(3) 
Parking for mixed uses.
For buildings that have mixed uses within the same structure, such as retail and office, the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 20,000 square feet.
(4) 
Shared parking.
Shared parking may be allowed in the case of mixed uses in different buildings under the following conditions. Up to fifty percent (50%) of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the City Council. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Florence.
(5) 
Location of parking spaces.
All parking spaces required herein shall be located on the same lot, and, in the case of non-residential buildings or uses within one hundred and fifty feet (150') of the building or use served, except in CBD and as follows:
(A) 
Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required additional spaces may be located not to exceed three hundred feet (300') from any non-residential building served.
(B) 
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Commission and the City Council is required according to the following criteria:
(i) 
Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within one hundred fifty feet (150') of such building or structure providing:
a. 
That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use; or
b. 
That a long-term Remote Parking Lease Agreement be provided upon approval by the City as a condition of such use.
(h) 
Use of required parking spaces, non-residential districts.
Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale, lease or rent.
(i) 
Fire lanes.
(1) 
Location.
Fire lanes shall be provided in all multiple-family, manufactured home, and non-residential developments, and in some single-family attached, as required by the adopted Fire Code, article 5.03, of the City and the Subdivision Ordinance, chapter 10, exhibit 10A for certain fire lane regulations.
(2) 
Dimension.
Fire lanes shall be a minimum width of twenty-four feet (24') of paving and shall have a minimum inside turning radius at curves of thirty feet (30'), or as required by the adopted Fire Code, article 5.03 of the City.
(3) 
Vertical clearance.
The minimum overhead vertical clearance over fire lanes shall be fourteen feet (14') for a linear distance of fifty feet (50') on each side (in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure, such as a canopy, roof overhang or vertical height control device.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.122 Landscape requirements.

(a) 
Purpose.
Landscaping is accepted as adding value to property and is in the interest of the general welfare of the City. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area which, in turn, helps to reduce the amount of impervious surface area, stormwater runoff, and consequent non-point pollution in local waterways.
(b) 
Applicability.
The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, or altered (i.e., exceeding thirty percent (30%) of the original floor area), construction occurring within the City. Additionally, any use requiring a Special Use Permit, or a Single-Family-Planned Development District zoning designation, must comply with these landscape standards unless special landscaping standards are otherwise provided for in the Special Use Permit establishing the SUP or PD district.
(c) 
Permits.
(1) 
Issuance.
No permits shall be issued for building, paving, grading, or construction until a landscape plan is submitted and approved by the City Building Services Director or his/her designee, along with the site plan and engineering/construction plans. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.
(2) 
Temporary certificate of occupancy.
In any case in which a certificate of occupancy is sought at a season of the year in which the City Building Services Director or his/her designee determines that it would be impractical to establish landscaping, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within four (4) months of the date of the issuance of the certificate of occupancy.
(d) 
Landscape plan.
(1) 
Submittal requirements.
Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information:
(A) 
Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form.
(B) 
Location, size, and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).
(C) 
Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features.
(D) 
Species and common names of all plant materials to be used. Native plants are encouraged.
(E) 
Size of all plant material to be used (container size, planted height, etc.).
(F) 
Spacing of plant material where appropriate.
(G) 
Layout and description of irrigation, sprinkler, or water systems including location of water sources.
(H) 
Description of maintenance provisions and water conservation plan.
(I) 
Name and address of the person(s) responsible for the preparation of the landscape plan.
(J) 
North arrow/symbol, and a small map showing where the property is located.
(K) 
Date of the landscape plan.
(2) 
Minimum landscaping requirements for non-residential and multiple-family developments.
(A) 
Street yard.
For all non-residential and multi-family developments (including schools, churches, day care facilities, and other similar uses in a residential district), at least ten[??] percent (10%) of the street yard shall be permanently landscaped area. The street yard shall be defined as the area between the building front and the front property line.
(B) 
Landscape buffer.
A minimum five-foot (5') landscape buffer (interior parkway) adjacent to the right-of-way of any major thoroughfare is required. Corner lots fronting two (2) major thoroughfares shall provide the appropriate required landscape buffer on both street frontages. All other street frontages shall observe a minimum five-foot (5') landscape buffer.
(C) 
Landscape areas within parking lots.
Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. Landscape areas shall be no less than five feet (5') wide and shall equal a total of at least 10% of parking lot area. All landscape areas shall be protected by a monolithic concrete curb or other type of wheel stop, such as railroad ties, and shall remain free of trash, litter, and car bumper overhangs.
(D) 
Permeable surface around trees.
All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under (and extending outward to) the existing dripline of the tree. All new trees shall be provided with a permeable surface under the dripline a minimum of five feet (5') by five feet (5').
(3) 
Minimum landscaping for residential development.
(A) 
Two trees are required for each residential lot. Of which a minimum of one of the trees are required to be in the front setback and out of the right-of-way.
(B) 
Trees shall be selected from the Large or Medium Tree List contained herein.
(C) 
All trees shall be a minimum of three-inch caliper and seven feet tall.
(e) 
Master tree list.
Large Canopy Trees
Common Name
Scientific Name
Type
Street Tree
Cypress, Arizona
Cupressus arizonica
Evergreen
Yes
Cypress, Montezuma
Taxodium mucronatum
Deciduous
Yes
Elm, Cedar
Ulmus crossifolia
Deciduous
Yes
Elm, Lacebark
Ulmus parvifolia
Deciduous
Oak, Bur
Quercus macrocarpaa
Deciduous
Oak, Chinkapin
Quercus muhlenbergii
Deciduous
Oak, Live
Quercus virginiana
Evergreen
Pecan
Carya illinoensis
Deciduous
Medium Canopy Trees
Common Name
Scientific Name
Type
Street Tree
Oak, Lacey
Quercus laceyi
Deciduous
Yes
Oak, Mexican White
Quercus polymorpha
Deciduous
Oak, Texas Red
Quercus texana
Deciduous
Yes
Pistache, Chinese
Pistacia chinensis
Deciduous
Yes
Small Trees
Common Name
Scientific Name
Type
Street Tree or Screening Street Tree
Buckeye, Mexican
Ungnadia speciosa
Deciduous
Crape Myrtle
Lagerstroemia indica
Deciduous
Yes
Holly, Yaupon
Ilex vomitoria
Evergreen
Yes (1st Street Screening Only)
Laurel, Texas Mountain
Sophora secundiflora
Evergreen
Maple, Shantung
Acer truncatum
Deciduous
Yes
Persimmon, Texas
Diospyros texana
Deciduous
Pistache, Texas
Pistocia texana
Deciduous
Yes (Ist Street Screening Only)
Plum, Mexican
Prunus mexicana
Deciduous
Possumhaw Holly
Ilex decidua
Deciduous
Redbud, Oklahoma
Cercis reniformis
Deciduous
Yes
Redbud, Texas
Cercis Canadensis var. texensis
Deciduous
Yes
Vitex (Chaste Tree)
Vitex agnus castus
Deciduous
Yes
(f) 
Tree preservation.
(1) 
Protection during construction.
(A) 
During any construction or land development, the developer shall clearly mark all trees to be preserved/retained on-site and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the dripline of any trees that are designated for preservation.
(B) 
During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees that are being preserved. Neither shall the developer allow the disposal of any waste/toxic material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain.
(C) 
The commission shall consider all tree preservation in connection with the issuance of any permit. All protected species, per the State of Texas regulations, must be preserved subject to an approved mitigation.
(g) 
Sight distance and visibility.
(1) 
Setback clearance zone.
Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between thirty inches (30") and eight feet (8') measured from the grade of the public roadway. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:
(A) 
The areas of property on both sides of the intersection of an alley accessway and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of fifteen feet (15') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.
(2) 
Corner properties.
The areas of property located at a corner formed by the intersection of two (2) or more public rights-of-way (or a private driveway onto a public road) shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length along the right-of-way lines (or along the driveway curbline and the road right-of-way line) (from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides.
(3) 
Proximity to accessways and driveways.
Landscaping, except required grass and low ground cover, shall not be located closer than five feet (5') from the edge of any accessway pavement or driveway.
(4) 
Reduction to remove visibility obstruction.
In the event that other visibility obstructions are apparent in the proposed landscape plan, as determined by the Mayor/City Secretary or his/her designee, the requirements set forth herein may be reduced to the extent to remove the conflict.
(h) 
Maintenance.
(1) 
Responsibility and condition.
The owner, tenant, and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall always be maintained in a neat and orderly manner.
(2) 
Replacement.
Plant materials that are required according to subsection (f) (above) that die shall be replaced with plant material of similar variety and size, within ninety (90) days.
(A) 
A time extension for replacement of plant materials that have died may be granted by the Mayor/City Secretary or his/her designee if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his/her agent.
(3) 
Nonconformance and failure to maintain.
If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this section, the City Council or his/her designee shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have thirty (30) days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this article. Failure to maintain any landscape area in compliance with this section is considered a violation of this article.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.123 Screening, fencing, and wall requirements.

(a) 
Purpose.
To encourage the most appropriate use of land while conserving and protecting the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. All fences require permits. Walls and other screening may require permits.
(b) 
Screening of non-residential and multiple-family areas.
(1) 
Adjacent to a single-family or residential planned development district.
In the event that multiple-family and non-residential uses side or back upon a single-family or residential PD district, or in the event that any non-residential district sides or backs upon a multiple-family district, a screening wall of not less than six feet (6'), nor more than eight feet (8'), in height shall be erected in conjunction with landscaping elements on the property line separating these districts. The screening wall shall be constructed of a material pre-approved during the development process. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
(A) 
Multiple-family uses.
The owner of the multiple-family property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family residential district. This construction requirement applies only when multiple family is adjacent to residential uses.
(B) 
Non-residential uses.
When screening is required between non-residential and residential uses, it shall be the responsibility of the non-residential use to construct and maintain the screening wall.
(2) 
Placement of a screening fence or wall.
In non-residential and multiple-family zoning districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence or wall is required to screen the development from an adjacent residential area. If required to screen a residential area, the screening fence or wall shall be extended out to the street right-of-way line by the developer of the non-residential or multiple-family development. The fence or wall shall be finished on the side that faces the public in a manner and color that is compatible to the exterior finish of the non-residential or multiple-family building(s). Screening fences or walls shall be placed such that they do not impede visibility for vehicles entering or exiting the non-residential or multiple-family development, as required by this section 14.02.123.
(3) 
Sight distance and visibility.
See section 14.02.125(j) for sight visibility requirements for fences and screening walls.
(4) 
Open storage.
In districts permitting open storage, screening shall be required only for those areas used for open storage. Open storage of materials, commodities or equipment shall be screened with a minimum six-foot (6') fence or wall and shall not be visible from the street or from adjacent property. (See definition of "Open Storage" in section 14.02.128). A six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:
(A) 
Solid masonry consisting of rock, pre-approved metal, stone, or other material that is equivalent, visually, and qualitatively.
(B) 
Wrought iron in conjunction with solid landscape screening.
(C) 
Wood or wood vinyl in conjunction with solid landscape screening; and
(D) 
Alternate equivalent screening may be approved through the site plan approval process under section 14.02.036.
(E) 
No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') shall require a Special Use Permit.
(5) 
Refuse storage areas.
Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way shall be visually screened by a minimum six-foot (6') wall on at least three sides. The composition of the enclosure shall be such that the refuse area is not visible from the outside. The material shall be pre-approved by the City. The base material used for the pad shall be such that it is always able to remain in good repair.
(c) 
Fences in residential areas.
(1) 
Locational criteria and height.
(A) 
Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height measured from the average grade line of public roadway.
(B) 
Except as provided herein, three (3) feet tall, of approved material, fence or wall shall be permitted within the required front yard of any single-family residential lot that is adjacent to a public street. No residential fence shall be closer than fifteen feet (15') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area.
(2) 
Barbed wire and electrical fencing.
Barbed wire and electrical fencing that is visible from a public right-of-way is prohibited as perimeter fencing.
(3) 
Vehicular access gates.
Gates designed for vehicular access shall be set back from front the property line a minimum of twenty-five feet (25').
(4) 
Swimming pool fences.
Fences around swimming pools shall comply with the Standard Swimming Pool Code and the City's codes or ordinances pertaining to same.
(5) 
Sight distance and visibility.
Section 14.02.125(j) provides the sight visibility requirements for fences and screening walls.
(6) 
Other types of fencing.
Special purpose fencing, such as fencing around tennis courts, is permitted.
(7) 
Required materials and construction.
Any screening wall or fence required under the provisions of this section or under a Special Use Permit, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials that do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
(8) 
Alternative materials and construction.
Alternative equivalent screening may be approved through the site plan approval process, section 14.02.036.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.124 Exterior construction and design requirements.

(a) 
Purpose.
The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered, or repaired construction occurring within the City.
(b) 
Exterior construction requirements and standards.
(1) 
Masonry construction.
The term "masonry construction" as used herein includes all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction. The standards for masonry construction types are listed below:
(A) 
Stone material.
Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone and dimensioned stone techniques are acceptable.
(B) 
Brick material.
Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material. Unfired or underfired clay, sand, or shale brick are not allowed.
(C) 
Concrete masonry units.
Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish as approved by the Commission. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish on residential properties.
(D) 
Concrete panel construction.
Concrete finish, pre-cast panel, tilt wall, or cement composition reinforced panel construction shall be painted, fluted, or exposed aggregate. Smooth or untextured concrete finishes are not acceptable unless painted.
(E) 
Exterior insulation finish system (EIFS).
EIFS is a multi-layered wall system that is used on both commercial buildings and homes. Provide superior energy efficiency and offer much greater design flexibility than other cladding products. Only to be used above 12' from surface.
(2) 
Glass and metal standards.
Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.
(3) 
The following materials are permitted for roof construction:
(A) 
Copper.
(B) 
Metal.
(C) 
Title.
(D) 
Composition roof.
(E) 
Wood shake.
(F) 
Clay tile.
(G) 
Steel panels.
(H) 
Slate.
(I) 
Cementitious.
(J) 
Ceramic.
(K) 
Plastic.
(4) 
Fluorescent colors are expressly prohibited for all exterior construction.
(5) 
Elevated water storage tanks and pump stations.
All water storage facilities that serve the public shall be designed and painted to compliment natural surroundings. All public water storage facilities shall be placed, to the extent possible, to have minimal negative impact on surrounding areas and shall be painted in earth-tone, natural colors. The City Council shall be authorized to approve alternate color selections if such color(s) are more acceptable with surrounding areas.
(6) 
Temporary construction buildings.
Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the City and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices or buildings and material storage areas shall be promptly removed at the satisfaction of the City.
(7) 
Procedure for determining alternative exterior materials.
(A) 
All written requests for alternative exterior building materials shall be noted and described on the site plan. If requested by the City, a sample(s) of the proposed exterior finish material(s) may be required to be submitted with the site plan.
(B) 
Consideration for exceptions to the above requirements shall be based on the following:
(i) 
Architectural design and creativity;
(ii) 
Compatibility with surrounding developed properties;
(iii) 
Compatibility with the overall character of the City.
(C) 
All requests shall be reviewed by the Commission before final ruling by City Council.
(8) 
Facade articulation.
In order to ensure the aesthetic value and visual appeal of non-residential land uses and structures, facade articulation shall be required. See definition of articulation in section 14.02.128.
(A) 
Facade articulation shall be required for every thirty feet (30') in vertical and/or horizontal surface length or as defined in specific zoning district.
(B) 
Facade offsets shall be shown, along with calculations verifying that the building elevations meet the above requirement, on a building facade (elevation) plan, and shall be submitted for Commission review along with the site plan.
(9) 
Design and material requirements for nonpoint source pollution control facilities.
(A) 
All above-ground facilities used for water quality management and nonpoint pollution control, including retention and detention ponds, shall be designed using natural stone materials or a natural ground cover such as grass.
(B) 
Alternative materials may be used in the design of above ground facilities when reviewed by the Commission before final approval by City Council.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.125 Supplemental regulations.

(a) 
Measuring setbacks.
All setback measurements shall be made in accordance with Illustrations 1, 2, and 3 within appendix A.
(b) 
Configuration of lots.
Wherever possible, flag lots (lots with minimal or panhandle-type frontage) shall be avoided within residential zoning districts.
(c) 
Separation standards.
All non-residential main structures shall be separated by a distance of not less than thirty feet (30') unless an approved fire wall is constructed.
(d) 
Setback from a cemetery.
No building or paving shall be placed closer than ten feet (10') from any cemetery.
(e) 
Front yard standards and measurements.
(1) 
On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and rear yards in the case of single-family uses shall be identified and the front of the structure shall not face the side or rear yard.
(2) 
Where the frontage on one side of a street between two intersecting streets is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
(3) 
The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4').
(4) 
Minimum lot widths for lots with predominate frontage on the curved radius of a street, including those located on a cul-de-sac or "eyebrow" portion of a street, shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot.
(5) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(f) 
Side yard standards and measurements.
(1) 
On a corner lot used for single-family dwellings, both street exposures shall be treated as front yards on all lots platted after the initial date of the adoption of this article, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek or floodplain area, or other similar phenomenon. In such case, a building line may be designated by the Mayor/City Secretary or his/her designee, with a minimum side yard of ten feet (10') or more, as determined by the applicable zoning district standards. On lots which were official lots of record prior to the effective date of this article, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
(2) 
Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.
(3) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(g) 
Special height regulations.
(1) 
In the districts where the height of buildings is restricted to two (2) stories, cooling towers may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water standpipes and tanks, church steeples, domes and spires, school buildings, windmills, barns, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.
(2) 
Calculation of height.
(A) 
For the purposes of calculating the overall height of a structure, slope shall be calculated from the highest point of the building at natural grade to the lowest point of the building at natural grade, or the natural grade of an adjoining road, along a line that is, as close as possible, perpendicular to existing contours.
(B) 
The height shall be measured from the highest parapet or roof ridge to natural grade or finish grade at the lowest point adjacent to the building exterior, whichever yields the greatest height.
(h) 
Minimum flooring area per unit area.
Minimum dwelling unit areas specified in this article shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.
(i) 
Open storage areas.
Open storage of materials, commodities, or equipment, where allowed in the specific zoning district, shall be located behind the front building line, and observe all setback requirements for the main structure or building. This standard does not apply to outside display as defined in section 14.02.128. There are screening requirements in section 14.02.123, and special requirements for outside display within zoning districts.
(j) 
Sight visibility.
(1) 
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping thirty inches (30") or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:
(A) 
At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.
(B) 
At an intersection with an alley, this clearance must be maintained for ten feet (10').
(C) 
Shrubs and hedges that are typically less than thirty inches (30") in height at maturity, as measured from the centerline of the street, may be in the visual clearance areas of all districts.
(D) 
A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.126 Performance standards.

(a) 
Conformance of all uses.
In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by County, State and Federal agencies. All uses, including those that may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.
(b) 
Toxic waste disposal.
All Federal and State pollution, noise, and requirements for toxic waste disposal shall be observed.
(c) 
Smoke and particulate matter.
No operation or use shall cause, create, or allow the emission for more than three minutes in any one (1) hour of air contaminants which at the emission point or within the bounds of the property are:
(1) 
Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the American Society for Testing Materials A.S.T.M. except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere.
(2) 
The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour.
(3) 
Open storage and open processing operations, including on-site transportation movements which are the source of wind or airbone dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air.
(d) 
Odorous matter.
(1) 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
(2) 
The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. shall be followed.
(e) 
Fire or explosive hazard material.
(1) 
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City.
(2) 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the adopted Fire Code.
(f) 
Toxic and noxious matter.
No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten percent (10%) of the concentration considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," or subsequent applicable rules and regulations a copy of which is hereby incorporated by reference.
(g) 
Vibration.
No operation or use shall at any time create earthborne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:
Frequency Cycles Per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.127 Home occupation regulations.

(a) 
Purpose.
Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
(b) 
Special provisions for home occupations.
(1) 
Home occupations shall be permitted as accessory use in single-family residential zoning districts provided that they comply with all restrictions herein.
(2) 
The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of any occupation activity shall not be visible from the street.
(3) 
Use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet);
(4) 
The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs.
(5) 
Home businesses that have patrons or related traffic are restricted to no more than two vehicles present at one time; and are restricted to the hours of 8:00 a.m. to 6:00 p.m. The proprietor shall provide adequate off-street permanent parking on the property where the use is located.
(6) 
One commercial vehicle, capacity of one ton or less, according to the manufacturer's classification, may be used, or parked behind the front building line on the property, in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;
(7) 
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification;
(8) 
The home occupation use/activity shall take place primarily within the dwelling, and there shall be no outside storage, including trailers, or outside display related to the home occupation use.
(9) 
No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;
(10) 
The home occupation shall not generate noise, vibration, glare, fumes or odors, heat, or electrical interference beyond what normally occurs within a residential district.
(11) 
The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.
(12) 
The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio or visual means.
(13) 
The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made or assembled on-site, including arts and crafts items, handmade clothing; and
(14) 
The occupation shall not be harmful or detrimental to the health, welfare, and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property, and recreation by residents of the area.
(c) 
Applicability of other regulations.
Home occupations shall also be subject to all other provisions of local, State and Federal regulations and laws that govern such uses.
(d) 
Uses allowed as home occupations.
Subject to the provisions of this section 14.02.172, home occupations may include the following uses:
(1) 
Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession.
(2) 
Author, artist, or sculptor.
(3) 
Dressmaker, seamstress or tailor.
(4) 
Music or dance teacher, or similar types of instruction, if instruction shall be limited to no more than six pupils at a time.
(5) 
Individual tutoring and home schooling.
(6) 
Office facility of a minister, rabbi, priest, or other clergyman.
(7) 
Home crafts, such as rug weaving, model making, etc.
(8) 
Office facility of a salesman, sales, or manufacturer's representative, provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises.
(9) 
Repair shop for small electrical appliances, cameras, watches and clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine.
(10) 
Food preparation establishments such as cake making, decorating, or catering, if there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations.
(11) 
Registered Family Homes, in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) children or adults.
(12) 
Barber shop or beauty salon or manicure studio, provided that no more than one customer is served at a time: and is licensed per Texas Department of Licensing Regulation or Local Health Department.
(13) 
Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time.
(e) 
Uses prohibited as home occupations.
Home occupations shall not, in any event, be deemed to include the following uses:
(1) 
Animal hospitals or clinics, commercial stables having more than two horses per acre or kennels.
(2) 
Restaurants or on-premises food or beverage, including Private Clubs, consumption of any kind, except for limited food or meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility.
(3) 
Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business.
(4) 
On-premises retail or wholesale sales of any kind where multiple customers patronize the sales business on-site, except for items that are produced entirely on the premises in conformance with this article, and except for occasional garage sales.
(5) 
Commercial clothing laundering or cleaning.
(6) 
Mortuaries or funeral homes.
(7) 
Trailer, vehicle, tool, or equipment rentals.
(8) 
Repair shops for any items having internal combustion engines having more that one cylinder or other like machines.
(9) 
Any use that would be defined by the Building Code as an Assembly, Factory or Industrial, Hazardous, Institutional or Mercantile occupancy.
(f) 
Home occupation uses not classified herein.
Any use that is not either expressly allowed nor expressly prohibited by[??] respectively, is considered prohibited, unless and until such use is classified by amendment to this article by the City Council, subsequent to an affirmative recommendation by the Commission.
(g) 
Effect of section 14.02.127 upon existing home occupations.
(1) 
Any home occupation that was legally in existence as of the effective date of this article and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of section 14.02.031 provided that the owner or proprietor of such home occupation registers his or her business with the City within ninety (90) days of the effective date of this article, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this article shall be required upon registration.
(2) 
Any home occupation that was legally in existence as of the effective date of this article and that conforms with the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in subsection (g)(1) above.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.128 Definitions.

(a) 
Purpose.
Certain terms and words are to be used and interpreted as defined in this article. Words used in the present tense shall also include the future tense; words used in the masculien gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" be mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used. It should be noted that there are other sections within this article that define terms that are specific to that section; these other definitions can be found within section 14.02.071 (Central Business District), section 14.02.122 (Landscaping Requirements), and section 14.02.124 (Exterior Construction and Design Requirements).
Accessory building.
A subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure. The building area is less than that of the main structure as regulated here in individual district zoning uses. A subordinate building to the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see "Accessory Use").
Accessory dwelling unit (ADU).
A secondary living space that is on-site with a primary living space and that may be contained within the space structure as the primary or may be contained in a separate structure. Occupants of secondary living spaces typically include household staff employed by the owner/occupant, or a guest or family member of the owner/occupant.
Accessory use.
A use that is customarily incidental, appropriate, and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith. The land and building area that is used for the accessory use must be significantly less than that used for the primary use, and the gross receipts that is derived from the accessory use must be significantly less than that derived from the primary use.
Airport or landing field.
A place where aircraft can land and take off that is usually equipped with hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.
Alcoholic beverage.
Includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as defined in this article.
Alley.
A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
Ambulance service (private).
Provision of private emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.
Amusement devices/arcade (also video arcade).
Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent (10%) of the public floor area is devoted to three (3) or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.
Amusement services (indoors).
An amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball or handball club, indoor tennis courts or club, indoor swimming pool or scuba diving facility, and other similar types of uses.
Amusement services (outdoors).
An amusement enterprise offering entertainment or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.
And.
Where necessary to effectuate the intent of this Article or to prevent an ambiguity, absurdity, or mistake, the Planning and Zoning Commission will have the ability to clarify in case of clerical error the words and" and "or."
Antique shop.
A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building.
Art dealer/gallery.
An institution for the collection, display, or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.
Articulation.
An interruption/differentiation of the building wall plane with either a recess (concavity) or an offset (convexity) that projects away from the building wall plane.
Artisans shop.
A shop in which goods are custom produced in small quantities, often one of a kind. The use may include the sale or production of such goods or may be a place where a small number of persons are engaged in arts and crafts activities in a class or studio.
Artist studio.
A workspace for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft.
Assisted living facility.
A congregate residence facility for ten (10) or more handicapped persons or persons over 55 years of age, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, and hairdressing, may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility but may be privately arranged for by individual residents on a part-time or temporary basis.
Auction business.
The business of auctioning items within an auction building. Any auction business must use an auctioneer licensed by the State of Texas and report all sales tax to the State.
Auto detailing and attended or unattended car wash.
Washing, waxing, or cleaning of automobiles or light duty trucks.
Auto finance and leasing (indoor).
Leasing of automobiles, motorcycles, and light load vehicles but no outside storage.
Auto rental.
Storage or renting of automobiles and light trucks.
Auto sales (new).
Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service of new or used vehicles.
Auto sales (used).
Retail sales, or offering for sale, used automobiles or light load vehicles.
Auto storage or auto auction.
The storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this article, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles (see "Wrecking Yard").
Auto supply store for new and rebuilt parts.
The use of any building or other premise for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.
Automobile.
A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, light duty trucks and sport utility vehicles, vans and mini-vans, motor scooters and motorcycles.
Automobile accessory installation (minor).
Installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones, and similar accessories.
Automobile repair garage.
An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.
Automobile repair, major.
General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under "Automobile Repair, Minor"; and other similar uses.
Automobile repair, minor.
Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "Automobile Repair, Major" or any other similar use.
Automotive gasoline or motor fuel service station.
Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "Automobile Repair, Minor." Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than forty-eight (48) hours.
Awning.
Sheets of canvas, metal or other material attached to a frame and used to keep the sun or rain off of a storefront, window, doorway or deck.
Bakery or confectionery (retail).
A facility for the production or sale of baked goods.
Bakery or confectionery (wholesale or commercial).
A manufacturing facility for the production and distribution of baked goods and confectioneries to retail outlets.
Bank, savings and loan, or credit union.
An establishment for the custody, loan, exchange or issue of money, the extension of credit, or facilitating the transmission of funds.
Barn.
A structure intended for the purpose of storing farming and ranching related equipment or housing livestock; shall conform to all construction and design standards of the district in which it is constructed.
Basement (or cellar).
A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground.
Bed and breakfast inn or facility(s).
A dwelling or grouping of dwellings at which breakfast is served and sleeping accommodations are provided/offered in not more than fifteen (15) rooms or unattached units (e.g., cabins) for transient guests for compensation.
Beer or malt beverage.
Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other product, or any combination of such products in water containing not more than fourteen percent (14%) alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. Also included are beverages known as "non-alcoholic beer" which is made by fermentation of any infusion or decoction of barley, malt, hops, or other products, and containing less than three percent (3%), but more than zero-point one percent (0.1%) alcohol by volume. The term "malt beverage" does not include sake, known as Japanese rice wine.
Block.
A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, a new survey shall determine the outline of the block.
Building.
Any structure intended for shelter, occupancy, housing or enclosure for persons, animals, or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
Building height.
The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of the building.
Building line.
A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected.
Building materials sales.
Materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a "home improvement center."
Building site.
See "Lot" definition.
Building, main or primary.
A building in which the principal use of the lot on which it is situated is conducted.
Bus station or terminal.
Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
Caretakers' or guards' residence.
A residence located on a premise with a main residential or non-residential use and occupied only by a caretaker or guard employed on the premises, such as a residence for guard in a private street development, residence for a guard or manager or caretaker for a self-storage facility or a restricted access business park.
Carnival, circus or tent service (temporary).
Outdoor or indoor commercial amusement provided on a temporary basis.
Carport.
A structure that is open on a minimum of two sides and designed or used to shelter not more than three vehicles and not to exceed twenty-four feet on its longest dimension; requires a minimum of one vehicle parking space Also called "covered parking area."
Cemetery or mausoleum.
Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
Cemetery, animal.
Same as cemetery except only for the burial of dead animals.
Certificate of occupancy.
An official certificate issued by the City which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.
Child day care (business).
A commercial institution or place designed for the care or training of unrelated children under fourteen (14) years of age for less than 24 hours a day.
Church/Place of worship.
A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises, that is tax exempt as defined by State law. For the purposes of this article, Bible study and other similar activities which occur in a person's primary residence shall not apply to this definition.
City Council.
The governing body of the City of Florence, Texas.
City of Florence.
The City of Florence, Texas; also referred to as the "City."
Civic/Conference center.
A building or complex of buildings that may house offices and services, cultural, recreational, athletic, food service, convention or entertainment facilities.
Cleaning plant (commercial/wholesale).
An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.
College or university.
An academic institution of higher learning, accredited or recognized by the State and covering a program or series of programs of academic study.
Commercial amusement (indoor).
See Amusement Services (Indoors).
Commercial amusement (outdoor).
See Amusement Services (Outdoors).
Commercial use.
A type of non-residential land use that has one or more of the following characteristics: (1) the use is service-oriented; (2) retail; and/or (3) the use sells goods or products on a wholesale basis; or (4) the use has or has the need for open storage areas or warehouses its products. Such uses include motels, auto dealerships, welding shops, manufactured home sales, mini-warehouses, funeral homes, auto body repair shops, and air conditioning and/or heating services.
Community center.
A building or complex of buildings that house cultural, recreational, athletic, food service or entertainment facilities owned or operated by a governmental agency or private nonprofit agency.
Community home.
A place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons as licensed by the Texas Department of Mental Health and Mental Retardation (also see Texas Local Government Code) Code, chapter (23). The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another.
Comprehensive plan.
Document adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City.
Concrete or asphalt batching plant (permanent).
A permanent manufacturing facility to produce concrete or asphalt.
Concrete or asphalt batching plant (temporary).
A temporary manufacturing facility to produce concrete or asphalt during construction of a project, and to be removed when the project is completed.
Continuing care retirement community.
A housing development designed to provide a full range of accommodations for adults of age 55 or more, including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.
Contractor's office/sales (with outside storage).
A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.
Convenience store with or without fuel sales.
Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries, including possibly gasoline, diesel, or other similar fuels if pumps are provided. Does not include or offer any automobile repair services. The sale of beer and wine for off-premises consumption is specially allowed, if not otherwise prohibited.
Country club/amenity center.
A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts, amenity center and similar recreation or service.
Court.
An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.
Coverage.
The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
Custom personal service shop.
Tailor, dressmaker, shoe shop, barber shop, beauty shop or similar shop offering custom service.
Dance hall.
An establishment open to the public for dancing. Any sales of alcoholic beverages for on-premises consumption shall be subject to requirements and use restrictions for private clubs - see definition for "Private Club."
Day camp for children.
A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.
Density.
The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.
Detached.
Having no physical connection above the top of the floor line of the first floor with any other building or structure.
Distribution center.
Building or facility used for the storage and distribution of wholesale items/products.
Drapery, blind, or furniture upholstering shop.
An establishment for the production, display and sale of draperies and soft coverings for furniture.
Dwelling.
Any building or portion thereof, which is designed or used as living quarters for one or more families.
Dwelling, single-family attached (townhouse).
See "Single-Family Dwelling (Attached)."
Easement.
A grant of one or more of the property rights by the property owner to or for the use by the public, a corporation or another person or entity.
Educational facilities.
Public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children as the Head Start Program.
Electrical substation.
A subsidiary station in which electric current is transformed.
Enclosed building.
A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.
Extended stay hotels/motels (residence hotels).
A multi-unit, extended stay lodging facility consisting of efficiency units or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this article.
Fairgrounds/exhibition area.
An area or space either outside or within a building for the public display of work of art or items of interest or demonstration of a particular skill such as rodeo, livestock shows, circuses, carnivals and similar events.
Family.
One or more persons related by blood, marriage, or adoption; or a group not to exceed four (4) persons not all related by blood or marriage, adoption, or guardianship, occupying a dwelling unit.
Family home (adult care in place of residence).
A facility that regularly provides care in the caretaker's own residence for not more than six (6) adults at any given time. No outside employment is allowed at the facility. This facility shall conform to Texas Human Resources Code, chapter 42, of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.
Family home (child care in place of residence).
A facility that regularly provides care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed twelve (12) at any given time. No outside employment is allowed at the facility. This facility shall conform to the Texas Human Resources Code, chapter 42, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.
Farms, general (crops).
An area used for growing usual farm products, vegetables, fruits, trees, and grain and including the necessary accessory uses for raising, treating, and storing products grown on the premises, but not including any type of agriculture specifically prohibited by ordinance or law.
Farms, general (livestock/ranch).
An area used for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing animals on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of husbandry specifically prohibited by ordinance or law.
Feed and grain store.
An establishment for the selling of com, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.
Fence.
An artificially constructed structure of wood, masonry, stone, etc., (solid or otherwise), which is a barrier and used as a boundary or means of protection, confinement, or concealment.
Firearms.
(1) 
Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(2) 
The frame or receiver of any such weapon;
(3) 
Any firearm muffler or firearm silencer; or
(4) 
Any destructive device as defined in the National Firearm Act.
Floodplain.
An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM Flood Insurance Rate Map of the City of Florence.
Floor area ratio (FAR).
The floor area of a main building or buildings on a lot, divided by the lot area.
Floor area, gross.
The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.
Florist shop.
An establishment for the display and retail sale of flowers, small plants, and accessories.
Food or grocery store.
A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use. The sale of beer and wine for off-premises consumption is specially allowed, if not otherwise prohibited.
Food processing.
A manufacturing or light industrial use that primarily deals with the processing and packaging of food, such as dairy or grain products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products, including bread and baked goods, dairy products such as cheese, created and packaged on the premises may be allowed as an accessory use.
Footprint.
The horizontal area measured from outside of all exterior walls and supporting columns; the amount of a structure that touches the ground surface.
Fortified wine.
Any alcoholic beverage containing more than twenty-one percent (21%) alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy.
Franchised private utility (not listed).
A utility such as one distributing heat, chilled water, closed circuit television, internet or similar service and requiring a franchise to operate in the City of Florence.
Front yard.
See "Yard, Front."
Funeral home or mortuary.
A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
Furniture, home furnishings or appliance stores.
This group includes retail stores selling new goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.
Garage conversion.
The alteration of an enclosed attached or detached accessory building, including a garage that meets the required parking standards for residential districts, to an air-conditioned living space with stationary fixed walls.
Garage, private.
An accessory building enclosed on at least three (3) sides, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."
Garage/accessory dwelling.
A residential dwelling unit attached to or over a garage but not attached to the main residential structure.
Garden shop (inside storage).
A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.
Gasoline service or filling station.
See "Automotive Gasoline or Motor Fuel Service Station."
General commercial plant.
Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but nor limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.
General manufacturing.
See "Industrial, Manufacturing."
General retail stores.
This major group includes retail stores which sell several lines of primarily new merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The sale of beer and wine for off-premises consumption is allowed, if not otherwise prohibited. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (Also see "Retail Shop").
Golf course (public/private).
An area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.
Group day-care home.
A child-care facility that provides care for seven (7) to twelve (12) children under fourteen (14) years of age for less than twenty-four (24) hours a day.
Gymnastic or dance studio.
A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.
Hauling or storage company.
See "Motor Freight Company."
Heavy load vehicle.
A self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise.
Heavy machinery sales and storage.
A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.
Height (of structures).
The height shall be measured from the highest parapet or roof ridge to natural grade or finish grade at the lowest point adjacent to the building exterior, whichever yields the greatest height.
Heliport.
An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.
Helistop.
The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.
Home occupation.
An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.
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 illness, injury, deformity, or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.
Household appliance service and repair.
The maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances and vacuum cleaners, but not including appliances or equipment which have internal combustion engines.
Household care facility.
A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are seniors; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to V.A.C.S. (Tex.), art. 4442c-4 (Personal Care Facility Licensing Act) and V.A.C.S. (Tex.), art. 1011n (Community Homes for Disabled Persons Location Act) as they presently exist or may be amended in the future.
Incidental or accessory retail and service uses.
Any use different from the primary use but which compliments and/or supplements the primary use, such as a sundry shop that serves tenants of an office building or hospital. Incidental shall mean an area that constitutes not more than fifteen percent (15%) of the main use.
Industrial, manufacturing.
Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.
Institution for alcoholic, narcotic or psychiatric patients.
An institution offering out-patient treatment to alcoholic, narcotic, or psychiatric patients.
Intensity (of land use).
An assessment of the relative level of activity of land use, including, but not limited to, type of land use, floor area ratio, building coverage ratio, or percent of impervious coverage.
Kennels (indoor/outdoor pens).
An establishment with outdoor pens in which more than four (4) dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
Kindergarten or nursery school (private).
An establishment where more than three (3) children are housed for care or training during the day or portion thereof.
Kiosk (providing a service).
A small, freestanding, one-story accessory structure having a maximum floor area of one hundred (100) square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 50 square feet.
Kitchen, residential.
Generally, that portion of a residential dwelling that is devoted to the preparation or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this article, generally indicates the presence of complete cooking facilities as differentiated from a "kitchenette" which provides limited cooking facilities limited to a single-burner hot plate, under-counter refrigerator and microwave oven.
Laboratory equipment manufacturing.
A facility that makes or produces equipment or products used for research or testing.
Laboratory, scientific or research.
An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see "Medical Facilities Medical Laboratory").
Landscaping.
Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.
Laundromat (or self-serve washateria).
A facility where patrons wash, dry or dry clean clothing and other fabrics in machines that are operated by the patron.
Laundry/dry cleaning (drop off/pick up).
A facility used for the purpose of receiving articles or goods of fabric to be subjected to the process of laundering, dry cleaning, or cleaning elsewhere, and for the pressing and distribution of any such articles or goods that have been subjected to any such process.
Light load vehicle.
A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pick-up trucks, sport utility vehicles, vans and minivans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
Light manufacturing or industrial use.
Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
Living quarters on-site with a business.
A lot that is occupied or intended to be occupied by a dwelling unit (a residential use) and a non-residential use, either within the same structure or separate structures. The residential use and the non-residential use are equally considered to be the principal use of the lot.
Loading space.
An off-street space or berth used for the delivery and loading or unloading of vehicles.
Local utility line.
The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power, or telephone service, including pad- and pole-mounted transformers.
Loft apartment.
A residential living space that is located on the second floor (or above) of a structure that has a non-residential use, such as an office or retail shop, operating on the first floor. This definition includes a similarly located space within a structure that has been converted into a residential living area from some other originally intended use. This is only allowed in the CBD and Mixed-use single-family districts.
Lot.
A platted parcel of land that is occupied or intended to be occupied by one main building, or a group of main buildings, and any accessory building(s), which includes such parking, landscaping and open space as are required by this article or other laws or ordinances, and also which has its principal frontage upon a public street.
Lot area.
The total area, measured on a horizontal plane, included within lot lines.
Lot depth.
The mean horizontal distance between the front and rear lot lines.
Lot, corner.
A lot which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five degrees (135°).
Lot, double frontage.
A lot having frontage upon two (2) non-intersecting streets, as distinguished from a corner lot.
Lot, flag.
A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet. Flag, or panhandle, lots are typically discouraged.
Lot, interior.
A lot other than a corner lot.
Lot frontage.
That dimension of a lot or portion of a lot abutting onto a street, excluding the side dimension of a corner lot.
Lot line, front.
The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.
Lot, key.
A corner lot whose exterior side is adjacent to the front yard of another lot.
Lot line, rear.
The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero.
Lot line, side.
Any lot line not the front or rear lot line.
Lot lines or property lines.
The lines bounding a lot as defined herein.
Lot of record.
A lot that is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Williamson County.
Lot width.
The horizontal distance measured between side lot lines parallel to the front lot line and measured from the point on the building line which is closest to the front lot line.
Main building.
The building or buildings on a lot that are occupied by the primary use.
Manufactured home display or sales (new).
The offering for sale, storage, or display of new manufactured housing units, including mobile homes or trailers, HUD-Code homes and industrialized homes, on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
Manufactured home display or sales (used).
The offering for sale, storage, or display of previously owned (used), movable manufactured housing units, including mobile homes or trailers and HUD-Code homes on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
Manufactured housing.
Any one of three types of prefabricated housing products which are typically manufactured or assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Texas Occupations Code, chapter 1201). For the purpose of this article, there are three types of manufactured homes:
(1) 
Mobile home.
A movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.
(2) 
HUD-code manufactured home.
A movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976.
(3) 
Single-family industrialized home (also called modular prefabricated structure or modular home).
A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act, Texas Occupations Code, chapter 1201. Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.
Manufactured/modular home subdivision.
A parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned manufactured or modular home or units or HUD-Code manufactured homes on platted lots which can be purchased outright by the owners of the mobile home units. Facility may include a residence for the owner or manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
Market (public).
Outdoor market including vendor fairs where goods and services are sold or advertised on a temporary basis; subject to all local, county and state regulations and permitting.
Masonry construction.
That form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick veneer, exterior plasters, including stucco, or other similar building units or materials or combination of these materials laid up unit by unit and set-in mortar.
Medical facilities.
(1) 
Medical clinic or office.
A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients if patients are not kept overnight except under emergency conditions.
(2) 
Dental office or doctors office.
Same as medical clinic.
(3) 
Hospital.
An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
(4) 
Massage establishment.
Any place of business in which massage therapy is practiced by a massage therapist, as defined, and licensed by State law. "Massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
(5) 
Public health center.
A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
(6) 
Sanitarium.
An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.
(7) 
Surgical outpatient facility.
An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.
Medical laboratory.
An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.
Mini-warehouse/self-storage.
Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business, or any other activity within the individual storage units, other than storage, shall be prohibited.
Minor medical emergency clinic.
See "Medical Clinic or Office."
Mobile home park (also trailer park or RV park).
The facility may include a residence for the owner or manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
Mobile home space.
A plot of ground within a mobile home park, trailer park, RV park, or mobile home subdivision that is designed for the accommodation of one mobile home, trailer, or RV unit.
Model home.
A dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.
Motel or hotel.
A facility offering temporary lodging accommodations or guest rooms on a daily rate to the public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.
Motorcycle.
A usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this article, motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.
Motorcycle sales and repair.
The display, sale, or servicing, including repair work, of motorcycles.
Motor freight company.
A company using trucks or other heavy load vehicles to transport goods, equipment, and similar products. Includes companies that move residential or commercial belongings.
Motor vehicle.
Any vehicle designed to carry one or more persons that is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles, and buses.
Multiple-family dwelling.
Three or more dwelling units on a single lot designed to be occupied by two or more families living independently of one another as well as traditional apartments, exclusive of hotels or motels.
Municipal building or use.
Any area, land, building, structure, or facility which is owned, used, leased, or operated by the City, State or other government entity including fire stations and police stations.
Music/dancing facility (event).
A facility in which music (live or DJ'd) and/or dancing is permitted for entertainment. Music/dancing facility may include, but is not limited to, restaurants, private clubs, and private businesses.
Nonconforming use.
A building, structure, or use of land lawfully occupied as of the effective date of this article or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.
Nursery.
An establishment, including a building, part of a building or open space, for the growth, display or sale of plants, shrubs, trees, and other materials used in indoor or outdoor planting.
Nursing, convalescent or rest home.
See "Skilled Nursing Facility."
Occupancy.
The use or intended use of the land or buildings by proprietors or tenants.
Offices, professional and general business.
A room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations, and associations, but excluding medical offices.
Office center.
A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop and hair or nail salon.
Office showroom.
An establishment with no more than twenty-five percent (25%) of its total floor area devoted to storage and warehousing, but not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
Office warehouse.
An establishment with more than twenty-five percent (25%) of the total floor area devoted to storage and warehousing, but not generally accessible to the public.
Officially approved place of access.
Access to a property, other than from a dedicated street, which is approved by the City of Florence.
Off-street parking incidental to main use.
Off-street parking spaces provided in accordance with the requirements of this article, located on the lot or tract occupied by the main use or within one hundred fifty feet (150') of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.
Or.
Where necessary to effectuate the intent of this article or to prevent an ambiguity, absurdity, or mistake, the Planning and Zoning Commission will have the ability to clarify in case of clerical error the words "and" and "or."
Outside display.
Outside temporary display of finished goods that are specifically intended for retail sale.
Open storage.
The keeping, displaying, or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as outside storage.
Package store.
The sale of alcoholic beverage for only off-premises consumption.
Paint shop.
A commercial establishment where painting services are performed, but not automotive-related painting services, which would be included under "Automobile Repair, Major."
Parcel.
Any unplatted tract of land, or any portion of an unplatted tract of land.
Park and/or playground (private).
See "Private Recreation Facility or Private Park."
Park and/or playground (public).
See "Public Recreation."
Parking lot.
An off-street ground level area, not on a public street or alley, paved in accordance with City of Florence parking lot standards, for the short- or long-term storage of motor vehicles.
Parking lot or structure, commercial (auto).
An area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.
Parking space.
An off-street area, not on a public street or alley, paved in accordance with City of Florence parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.
Pawn shop.
An establishment where money is loaned on the security of personal property pledged in the keeping of the owners. The retail sale of primarily used items is also allowed, provided that the sale of such items complies with local, State and Federal regulations.
Permanent cosmetics.
The practice of producing indelible mark on the human face by inserting small particles of pigment under the skin leaving a shadow of color. Typically, these shadows of color enhance existing features such as lip liner, eyeliner or give the appearance of hair in the absence of hair, such as with eyebrows.
Personal service shop or custom personal services.
Establishments primarily engaged in providing services generally involving the care of the person or his apparel and including, but not limited to, barber and beauty shops, dressmaking, shoe shining and repair, dry-cleaning and laundry pick-up stations, tailor or seamstress services, and other similar types of uses, with no outside storage.
Pet and animal grooming shop.
A retail establishment offering small animals, fish, or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats, and similar animals.
Petroleum distribution/storage/wholesale facility.
A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.
Photocopying/duplicating.
An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization.
Planned development district.
Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.
Planning and zoning commission.
A board which is appointed by the City Council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the City Council. Also referred to as the "Commission."
Plat.
A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of Florence, and which is approved by the City of Florence and recorded in the plat records of Williamson County.
Platted lot.
See "Lot" and "Lot of Record."
Playfield or stadium (public).
An athletic field or stadium owned and operated by a political subdivision for the public including, but not limited to, a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.
Playfield or stadium (private).
An athletic field or stadium owned and operated by an agency other than a political subdivision.
Portable building sales (outdoor display).
An establishment which displays and sells structures capable of being carried and transported to another location, but not including manufactured, mobile, and modular homes.
Premises.
Land together with any buildings or structures situated thereon.
Primary use.
The principal or predominant use of any lot or building.
Principal building.
See "Main Building."
Print shop.
An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.
Private club.
An establishment providing social or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of the Alcoholic Beverage Code, title 3, chapter 32, Vernon's Texas Codes Annotated, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
Produce stand.
A seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables, and similar foods. No cooking or on-premises consumption of produce occurs on the site.
Professional service.
Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.
Propane sales (retail).
Retail sales of gaseous substances commonly used for household purposes such as propane or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.
Public agency building, shop, yard or facility.
Any building, land, area or facility, including maintenance and storage yards and shops, which is owned, leased, primarily used and occupied by any subdivision or agency of the following: The State of Texas, the United States, or other political subdivision. Any facility that is owned, leased, used, or occupied by the City of Florence is defined as "Municipal Facility or Use."
Public view.
Public view means areas that can be seen from any public street.
Rear yard.
See "Yard, Rear."
Recreation center.
A place designed, owned, or operated and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities owner or operated by a governmental agency or private non-profit agency.
Recreational vehicle (RV).
A self-propelled, mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence.
Recreational vehicle/camper sales and leasing.
An establishment that sells, leases, or rents new or used recreational vehicles, travel trailers, campers, boats and watercraft, and similar types of vehicles.
Recreational vehicle (RV) park.
An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also "Mobile Home Park"). The facility may include a residence for the owner or manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
Recycling kiosk.
A small uninhabited structure up to one hundred and twenty (120) square feet maximum, or temporary container, such as an "igloo" or dumpster-type container, which provides a self-service location for the depositing of recyclable materials such as aluminum cans, glass bottles, magazines and newspapers and metal or plastic containers. Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers.
Rehabilitation care facility (halfway house).
A dwelling unit which provides residence and care to not more than nine (9) persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two (2) supervisory personnel as a single housekeeping unit.
Rehabilitation care institution.
A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.
Residence.
Same as a dwelling; also, when used with district, an area of residential regulations.
Residential district.
District where the primary purpose is residential use.
Restaurant (with drive-through service).
An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window(s).
Restaurant (with no drive-through service).
An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.
Restaurant (drive-in service).
An eating establishment where food or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
Restaurant (mobile food unit/vendor).
Any person who sells food products or takes food product orders from house to house, from place to place, or in a stationary location in the City limits, and who sells such food out of a vehicle, wagon, cart or other conveyance used in the transportation of such food. (Food Handlers permit must be obtained from the Williamson County Health District). City solicitation ordinances may also apply.
Retail or service, incidental.
The rendering of incidental retailing or services incidental to the primary use. In the Office district, for example, such uses may include a barber or beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy, or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses that occupy less than fifteen percent (15%) of the main use.
Retail shop (for apparel, gifts, accessories and similar items).
An establishment engaged in the selling of goods and merchandise to the public for personal or household consumption and rendering services incidental to the sale of such goods. The sale of beer and wine for off-premises consumption is specially allowed, if not otherwise prohibited. (Also see "General Retail Stores").
Retirement living.
A home or complex where seniors are provided with lodging and meals without nursing care being a primary function.
Retirement housing for the seniors (also independent living center or congregate housing).
A development providing self-contained dwelling units specifically designed for the needs of the seniors. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of 80% of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.
Room.
A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.
Salvage or reclamation of products (also see "wrecking yard").
The reclamation and storage of used products or materials.
Sand/gravel/stone sales (storage).
The process of extracting and/or storing sand, gravel, stone, topsoil, compost, or other products from the earth.
School, business.
A for-profit business that offers instruction and training in a profession, service, or art such as a secretarial or court reporting school, barber or beauty college or commercial art school, but not including commercial trade schools.
School, commercial trade.
A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.
School, private (primary or secondary).
A school under the sponsorship of a private agency or corporation, other than a religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.
School, public or parochial.
A school under the sponsorship of a public or religious agency which provides elementary or secondary curricula, but not including private business or commercial trade schools.
Scientific and industrial research laboratories.
Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.
Screened.
Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.
Seasonal uses.
Seasonal uses include the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items that are typically only available at certain times of the year.
Sexually oriented business.
See applicable City regulations addressing Sexually Oriented Businesses or Adult Entertainment Facilities.
Shopping center.
A group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading or delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.
Short-term rental.
A single dwelling unit furnished and self-contained; rented for a period not to exceed 31 days subject to city HOT tax.
Side yard.
See "Yard, Side."
Single-family dwelling, attached (townhouse).
A dwelling which is joined to another dwelling at one or more sides by a party wall, which is designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.
Single-family dwelling, detached.
A dwelling designed and constructed as a freestanding structure for occupancy by one family and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.
Site.
Any geographical area; a parcel of land or portion thereof with frontage on a street, devoted to or intended for a use or occupied by a structure or group of structures.
Skilled nursing facility (also termed nursing home, convalescent home or long-term care facility).
A residence providing primarily inpatient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.
Skin care clinic.
A facility or group of offices for the examination and treatment of human patients for conditions involving the epidermis if patients are not kept overnight. Typical treatments provided at this type of facility include, but are not limited to, clinical facials, chemical peels, micro-dermabrasions, photo-facials, and hair removal.
Small engine repair shop.
Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines.
Stable, commercial.
A stable used for the rental of stall space or for the sale, remuneration, or hire of horses, mules or ponies; such a stable shall meet all provision and requirements of the zoning district in which it is constructed.
Stable, private.
An area used solely for the owner's private purposes for the keeping of horses, mules or ponies that are not kept for remuneration, hire or sale.
Storage or wholesale warehouse.
A building used primarily for the storage of goods and materials.
Story.
That portion of a building above grade, other than a basement, that is 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 it. The average height for a story shall be defined as eight feet (8'). The definition of a story does not include parapets, gables, and other normal roof structures. In cases where the site has a significant slope, the number of stories of a building shall be measured from point representing the average slope from front to back, or side to side, of the building. See CBD district chart section 14.02.071.
Story, half.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.
Street.
Any dedicated public thoroughfare that affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60').
Street intersection.
Any street that joins another street at an angle, whether it crosses the other.
Street yard.
The area between the building front line and the front property line.
Structure.
Anything constructed or erected, the use of which requires location on the ground, or which is attached to something having a location on the ground (also see "Building").
Structural alterations.
Any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Studio, health, reducing or fitness.
Includes, but is not limited to, an establishment which provides facilities and equipment, such as gymnasiums, weight rooms, swimming pools or spas, exercise apparatus and instruction classes, which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and childcare services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only. No outside signage may be used to advertise accessory uses.
Studio, tattoo or body piercing.
A building or portion of a building used for selling or applying tattoos, by injecting dyes/inks into the skin, and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.
Studio for radio and television (without tower).
A building or portion of a building used as a place for radio or television broadcasting. As regulated within the Use Charts, section 14.02.091, this definition does not include a studio for radio and television with a tower.
Swimming instruction as a home occupation.
The teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a special use permit which may specify operating conditions and standards, and which may limit the number of students and operating times.
Swimming pool, commercial.
A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.
Swimming pool, private.
A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built-in accordance with applicable ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.
Telemarketing center.
An establishment that solicits business or the purchase of goods and/or services by telephone only. No sale of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.
Telephone and exchange, switching/relay or transmitting station.
A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage, whether inside or outside, or repair yards.
Temporary.
Used or lasting for only a limited period of time; not permanent.
Temporary building.
Any non-residential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.
Temporary field, construction yard, or office.
A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits required.
Tennis court (private, not lighted).
A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the Special Use Permit.
Texas Commission on Environmental Quality (TCEQ).
Formerly referred to as the Texas Natural Resource Conservation Commission (TNRCC), the name of which changed officially on September 1, 2002.
Theater, drive-in (outdoor).
An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
Theater or playhouse (indoor).
A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical, or live performances.
Tire dealer, without open storage.
A retail establishment engaged in the sale or installation of tires for vehicles, but without open storage.
Tire dealer, with open storage.
A retail establishment engaged in the sale or installation of tires for vehicles, with open storage.
Tool and machinery rental shop (indoor storage).
A building or a portion of a building used for the display and rental of tools, machinery, and instruments with no outside storage.
Townhome.
See single-family dwelling - attached.
Tract.
A single individual parcel or lot.
Tractor sales.
See "Heavy Machinery Sales and Storage."
Trade and commercial schools.
See "School, Commercial Trade."
Trailer park or court.
See "Mobile Home Park."
Trailer, hauling.
A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.
Trailer home.
See "Manufactured Housing, Mobile Home."
Trailer or mobile home space.
See "Mobile Home Space."
Trailer rental.
The display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.
Trailer, travel or camping.
A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.
Transportation and utility structures and facilities.
Permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.
Truck.
A light or heavy load vehicle (see definitions for "Light Load Vehicle" and "Heavy Load Vehicle").
Truck and Bus Repair. An establishment providing major and minor automotive repair services to heavy load vehicles.
Truck and bus leasing.
The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.
Truck stop.
A facility for the parking, refueling or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.
Truck terminal.
An area and building where cargo is stored and where trucks, including tractor and trailer units, load, and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.
Truck sales (heavy trucks).
The display, sale, or rental of new or used heavy load vehicles in operable condition.
Two-family dwelling (duplex).
Two attached dwellings in one structure, each designed to be occupied by one family.
Usable open space.
An open area or recreational facility that is designed and intended to be used for outdoor living or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten feet (10'), and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains.
Use.
The purpose for which land or buildings are or may be occupied in a zoning district.
Utility distribution lines.
Facilities which serve to distribute electrical power, gas and water, telephone, internet, cable, fiber optic and other similar service lines operated by the City or private utility company.
Variance.
An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district; a variance is reviewed and a recommendation made by the Planning and Zoning Commission and then ruled upon by the City Council.
Veterinarian clinic (indoor kennels).
An establishment where animals and pets are admitted for examination and medical treatment (also see "Kennels").
Wine.
Any alcoholic beverage containing not more than twenty-one percent (21%) alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term "wine" does not include Fortified Wine or cooking wine mixed with salt or other ingredients to render it unfit for human consumption as a beverage.
Wrecking yard (junkyard or auto salvage).
Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.
Yard.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this article that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
Yard, front.
A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
Yard, rear.
The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
Yard, side.
The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.
Zero-lot-line dwelling.
See Single-Family Dwelling, attached.
Zoning board of adjustment.
A board which is appointed by the City Council, and which is authorized to make special exceptions and variances to the Zoning Ordinance, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance. Also referred to as the "ZBA."
Zoning district.
A classification applied to any certain land area within the City stipulating the limitations and requirements of land usage and development.
Zoning district map.
The official map upon which the boundaries of the various zoning districts are drawn, and which is an integral part of the Zoning Ordinance. (See section 14.02.003, "Zoning District Map" and section 14.02.004, "Zoning District Boundaries").
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.129 Beer and wine, package stores, and mixed beverages sales.

(a) 
Purpose.
Standards for businesses providing the sale of beer, wine, alcohol and mixed beverages are set forth to protect the public health and safety and maintain the integrity of the City's business community. These standards are intended to allow reasonable provision of services while providing adequate safeguards to neighboring enterprises.
(b) 
Package Store shall be for the sale of alcoholic beverage for off-premises consumption only.
(1) 
Any exceptions to the following shall require the approval of the City Council: Package stores shall be in either a CBD, CI or C2 District.
(A) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a church public hospital shall be along the property lines of the street fronts and from front door to front door in a direct line across intersection.
(B) 
The sale of alcoholic beverages within 300 feet of a public or private school is hereby prohibited.
(C) 
The sale of alcoholic beverages within 300 feet of a day care or childcare facility is hereby prohibited.
(D) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across the intersection.
(E) 
The measurement of the distance between the place of business where alcoholic beverages are sold and a day care or child care facility shall be in a direct line from the property line of the day care or child care facility to the property line of the place of business, and in a direct line across the intersection.
(Ordinance 02062024-01 adopted 2/8/2024)