The regulations of this chapter shall apply to all lands located within the corporate limits of the town and within any areas annexed for the limited purposes of planning and zoning as provided in state law. All land, buildings, structures or appurtenances thereon located within the town that are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as provided in this chapter.

(Code 1989, ch. 12, § 3.01)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory dwelling means a dwelling unit accessory to the primary single-family dwelling use with permanent provisions for sleeping, cooking, and sanitation, located in a separate building on the same lot as the primary structure. The habitable floor area of an accessory dwelling shall not exceed 50 percent of the habitable floor area of the primary structure.

Accessory retail and service uses means retail or service uses, such as pharmacy, newsstand, dining room, and barber or beauty shop, located within an office, apartment, or similar building where such retail and/or service use is designed and arranged to serve the customers of the primary use.

Accessory use, general, means an accessory use not elsewhere listed in the use regulations schedule.

Airport or landing field means an area improved for the landing or takeoff of aircraft approved by the town for operation as an aircraft landing facility.

Alcoholic beverage establishment means any establishment primarily engaged in the selling and/or processing and production of alcoholic beverages, as defined within the Texas Alcoholic Beverage Code, as amended, to the general public. Such establishments are limited to the functions allowed by their Texas Alcoholic Beverage Commission permit and the town's local option status. Examples of uses include brewery, distillery, winery, and wine and/or beer retail establishments.

Alternative financial establishment means an establishment, other than a "bank or savings and loan," engaged in loaning money in exchange for personal checks and/or collateral to consumers. Typical uses include, but are not limited to, credit access businesses, check cashing business, payday advance or loan business, money transfer business, pawn shop, or car title loan business.

Ambient (background) sound pressure level means the all-encompassing sound associated with given environment, being usually a composite of sounds from all sources, excluding the alleged offensive sound, at the location and approximate time at which a comparison with the alleged offensive sound is to be made.

Amplified sound means music, speech or sound projected or transmitted by artificial means, including but not limited to amplifiers, loud speakers, or any similar devices which emit sound distinctly discernible at a distance of more than 100 feet beyond the property line of the premises where the equipment is located.

Amusement and recreation (indoors) means an establishment wholly enclosed within a building offering entertainment or games of skill to the general public for a fee. Typical uses include, but are not limited to, dancehalls, bowling alleys, billiard and pool establishments, electronic video game arcades, skating rinks, teen clubs, escape rooms, laser tag arenas, and inflatable bounce house parks.

Amusement and recreation (outdoor) means an establishment offering entertainment or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors. Typical uses include, but are not limited to, a golf driving range, paint ball, archery range, and a miniature golf course.

Animal control facility means an establishment that is operated, controlled or contracted with by the town for the confinement, safekeeping, control and/or destruction of animals that come into the custody of the town.

Animal exhibition means a collection of animals for display to the public, including an aviary. An animal exhibition shall not include the sale, breeding, or butchering of animals. Any animals classified as wild animals, defined in this section, shall be subject to all federal, state, and local licensing requirements.

Antique shop means an establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations that have value and significance as a result of age, design or sentiment.

Architectural lighting means exterior lighting used to enhance the architectural characteristics of a building, structure, or landscaping. Architectural lighting may include floodlighting, spotlighting, or any applicable combination of these techniques.

Asphalt or concrete batching plant, temporary, means a temporary facility for producing asphalt or concrete products used in construction activities on the same or nearby sites.

Assembly hall means a building, or part of a building, in which facilities are provided and used for such purposes as a meeting, gathering, or assembly of persons for civic, educational, political, religious, or social events, including weddings and receptions, and may include a banquet hall or private club.

Auto leasing or rental means an establishment, other than car sales, new or used, for the purposes of renting or leasing automobiles, vans, and light trucks; may include incidental parking and limited servicing of leased and rented vehicles. Shall not include services related to auto painting or body shop.

Auto painting or body shop means an establishment offering services related to automobile painting; undercoating or rustproofing; rebuilding, reconstructing, or replacing mechanical systems; and/or body work. Such establishments may also offer "auto service center" services.

Auto service center means an establishment providing general repair and servicing of motor vehicles. Such repair and servicing may include oil change and tire rotations; window tinting and car wrapping; reconditioning of engines, air conditioning systems, and transmissions; wrecker service; replacement or repair of brakes, shock absorbers, tires, batteries, mufflers, or upholstery, and other similar mechanical or electronic components. In no instance shall such establishment include services related to an "auto painting or body shop." This use may include gasoline sales as an accessory use.

Auto storage or auction means an establishment where automobiles are stored for the purpose of being auctioned. Such establishments may include an auto service center as an incidental use for automobiles to be auctioned.

Aviary means a facility for rehabilitation and/or display of birds to the public. An aviary shall not include the sale, breeding or butchering of birds. Any birds classified as wild animals, defined in this section, shall be subject to all federal, state and local licensing requirements.

Birthing center means a facility or place where a woman is scheduled to give birth following a normal, uncomplicated (low-risk) pregnancy. This term does not include hospital, ambulatory surgical center, a nursing home, or the residence of a woman giving birth. Source: Birth Center Licensing Division, Texas Department of Health.

Boardinghouse or roominghouse means a building, other than a hotel or motel or multifamily dwelling, where lodging and/or meals for three or more persons are provided for compensation.

Boutique vendor market means an establishment providing facilities for more than one vendor, primarily for the distribution and sale of food and unique nonfood articles, including custom, high quality merchandise, which may be upcycled or repurposed, directly to consumers. Such establishments shall not be deemed to include a secondhand store or pawn shop.

Building material yard and construction office means a yard or building for storing or housing building material and building equipment on a temporary basis.

Building materials sales or storage (indoors) means an establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as the storage of construction equipment or materials on lots other than construction sites, provided that all sales, display and storage activities occur within a fully enclosed building. Typical uses include, but are not limited to, home improvement centers and electrical, plumbing, air conditioning and heating supply stores.

Building materials sales and storage (outdoors) means an establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as the storage of construction equipment or materials on lots other than construction sites, wherein any sales, display, or storage activity occurs outside of a fully enclosed building. Typical uses include, but are not limited to, lumberyards, brick and masonry supply yards, and swimming pool and spa sales.

Car wash, automatic, means a facility designed and used for the primary purpose of washing and cleaning passenger automobiles in which all tasks are performed by mechanical means, and the automobile is typically driven through the facility by the automobile operator.

Car wash, full service, means a facility designed and used for the primary purpose of washing and cleaning passenger automobiles in which some tasks are performed by car wash personnel. This use may include gasoline sales as an accessory use.

Car wash, self-service, means a facility designed and used for the primary purpose of washing and cleaning passenger automobiles in which all tasks are performed by the automobile operator.

Caretaker or guard residence means dwelling facilities located on a premises occupied by a permitted main use for the housing of persons and their families who are employed on the premises as guards, caretakers or in similar custodial capacity.

Carnival means a temporary event that is characterized by mechanical rides, games of skill or chance, entertainment, or food.

CBD store means any establishment authorized by the state to distribute and sell consumable hemp products, which may include cannabidiol (CBD) oil, CBD gummies, food and drinks infused with CBD, over-the-counter medicine containing CBD, and topical lotions and cosmetics containing CBD. Any CBD store that sells smokable products shall be considered a smoking related business.

Circus means a temporary entertainment event that is characterized by the performance of acrobats, trained or exotic animals, or clowns.

Cleaning/laundry shop with on-site plant means a custom cleaning, laundry or pressing shop with a pickup station not exceeding 4,000 square feet in floor area where work is performed on-site utilizing an approved chemical process for cleaning or laundry.

Cleaning/laundry shop with pickup station means a custom laundry cleaning or pressing shop not exceeding 4,000 square feet in floor area or a pickup station for laundry or cleaning where the work is performed other than on the premises.

College or university means an academic institution of higher learning accredited or recognized by the state and offering a program or series or programs of academic study.

Communication tower, commercial, means commercial AM/FM radio, television, microwave and cellular telephone transmission towers and accessory equipment and buildings.

Community center, public, means a building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the community served.

Concession means a temporary food establishment where food is offered to the public that operates for a period of no more than 14 consecutive days in conjunction with a single circus, carnival, special event, or celebration.

Convenience store means a retail establishment, occupying less than 6,000 square feet of floor area, primarily offering for sale meats, fruits, vegetables, bakery products, dairy products, personal care items, cleaning products and similar household items to a localized or neighborhood market, for off-premises consumption.

Country club, private, means an area containing a golf course and a clubhouse and available only to private specific membership.

Crop agriculture means the use of land for the primary purpose of raising and harvesting row, field or tree crops on a commercial basis.

Custom personal service means barber shop, beauty shop, tailor, dressmaker, shoe shop, micro-blading/makeup tattoo salon, or similar shop offering custom service.

Dancehall means an establishment open to the public for entertainment primarily dancing, but excluding any entertainment characterized or distinguished by specified anatomical areas or specified sexual activities and excluding the sale or consumption of alcoholic beverages.

Day activity and health services facility, also known as adult day care, means an establishment or facility licensed by the state that provides services on a daily or regular basis, but not overnight, to four or more elderly persons or persons with disabilities, as defined by the state's human resource code.

Day camp for children means a facility arranged and conducted for the organized recreation and instruction of children, including outdoor activities, on a daytime basis only. Shall not include facilities required to be licensed with the Texas Department of Health and Human Services, such as day care centers, day care homes, and community homes.

Day care center means an establishment licensed by the state that provides care, protection, and supervision for seven or more children under the age of 14 for periods of less than 24 hours per day on a regular basis, excluding any establishment classified as a day care home, or residential child-care facility per state law. This classification also includes a day activity and health services facility, as defined, and shall not include overnight lodging, medical treatment, counseling, and/or rehabilitative services and does not apply to any school.

Day care home means an establishment registered with the state, defined as a "family home," that provides care, protection, and supervision in the caretaker's single-family detached residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school for not more than six additional elementary school children, provided that the total number of children cared for, including the caretaker's own children, does not exceed 12. This classification shall not include overnight lodging, medical treatment, counseling, and/or rehabilitative services and does not apply to any school.

Dwelling, duplex, means a building located on a single lot and designed and constructed with two dwelling units under a single roof.

Dwelling, mobile home, means a single mobile home dwelling unit located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract.

Dwelling, multifamily, means any building or its portion that is designed and built to be occupied as three or more dwelling units on a single lot.

Dwelling, single-family attached, means a dwelling unit joined to another dwelling at one or more sides by a party wall or abutting separate wall and located on a platted separate lot and served by separate utility connections and meters as a single-family dwelling.

Dwelling, single-family detached, means a single dwelling unit, other than a mobile home, located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract.

Dwelling, single-family detached (medium density), means a special type of single-family dwelling (detached) with unique dimensional regulations permitting greater flexibility of site design as defined by this chapter and permitted solely in planned development districts approved prior to the effective date of this subpart B.

Early release home means a single-family or duplex residential building, owned by the developer or contractor, that will not be sold or occupied until final subdivision acceptance. An early release home must not be used as a construction office.

Electrical energy generating plant means an electrical power generating plant belonging to a privately owned utility company franchised to serve the town or its portion, where energy is generated by either renewable and/or nonrenewable resources.

Electrical line/substation, high voltage, means those lines and substations used for bulk transmission of electricity and not normally used for serving the end uses. For electric utilities, the term "electrical line/substation, high voltage" includes all lines operated at 60 kv or above, when measured phase-to-phase.

Exotic animal means any nondomesticated animal, other than livestock, that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. The term "exotic animal" specifically includes, but is not limited to, animals such as lions, tigers, jackals, dingoes, leopards, elephants, pandas, camels, antelope, anteaters, kangaroos, chimpanzees, gorillas, orangutans, water buffalo, and species of foreign domestic livestock requiring state or federal permits.

Extended stay hotel means a type of hotel or motel establishment designed to accommodate extended stays by the business traveler or extended vacation traveler, with financial consideration being calculated on a nightly or weekly basis.

Farmers' market means a designated location used primarily for the distribution and sale directly to consumers of food by farmers and other producers.

Field office, temporary, means a structure or shelter used in connection with a development or building project for housing on-site temporary administrative and supervisory functions and for sheltering employees and equipment

Florist means an establishment primarily engaged in the retail sale of cut flowers and flowering plants.

Food truck, accessory, means onsite accommodations for one mobile food establishment providing food and beverage sales designed and arranged to serve the customers of the primary use.

Fraternal club or lodge means an establishment providing meeting or social facilities for a private or nonprofit association, primarily for use by members and guests. Typical uses include, but are not limited to, fraternal lodges and meeting halls.

Garage sale means the sale of personal property on the same lot as a residential dwelling within a residential zoning district.

Golf course, private, means a golf course, privately owned but open to the public for a fee and operated as a commercial venture.

Golf course, public, means a golf course owned and operated by the town or leased for operation for the benefit of the general public.

Government office/classroom, temporary, means a building used to house displaced government employees and/or students attending elementary or secondary schools, so that the primary function of the associated governmental entity can continue uninterrupted while new construction or renovations occur on-site.

Greenhouse, wholesale, means an establishment primarily engaged in the production for wholesale of ornamental plants and other nursery products, such as bulbs, florists' greens, shrubbery, flower and vegetable seeds and plants, and sod.

Hardware store means an establishment primarily engaged in the retail sale of a number of basic hardware lines, such as tools, builder's hardware, paint and glass, housewares and household appliances, and cutlery.

Health club or athletic club means a recreational facility where all activities are contained within an enclosed building for a membership or fee for the purpose of physical fitness. Such facilities may include, but are not limited to, aerobic exercise, tennis, swimming, or racquet facilities, or a gymnasium, weight room, sauna, or other facilities serving associated recreational activities.

Heliport means a landing facility for rotary wing aircraft, subject to regularly scheduled use and may include fueling or servicing facilities for such craft and subject to approval by the town.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds and not for regularly scheduled stops and subject to approval by the town.

Home occupation means a business, profession, occupation or trade conducted within a dwelling unit or elsewhere on a lot primarily used for dwelling purposes for compensation or gain by a resident of the dwelling unit.

Hospital means an institution that:

(1)

Offers services more intensive than those required for room, board, personal services and general nursing care;

(2)

Offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; and

(3)

Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent.

The term "hospital" may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories, and other related uses.

Hotel or motel means a building or group of buildings designed and occupied as a temporary abiding place of individuals, with the location of accommodations limited to one primary structure. To be classified as a hotel or motel, an establishment shall contain a minimum of 12 individual guestrooms or units and shall furnish customary hotel services, such as linen and housekeeping.

Institution, drug or psychiatric treatment, means any facility used or intended to be used primarily for the treatment of alcohol or drug dependency or the housing and care of persons with a mental illness that requires them to be confined in an institutional facility.

Keeping of livestock or poultry means the use of land for the keeping or raising of livestock or poultry, whether as an accessory or principal use or on a commercial or noncommercial basis.

Kennel means any business or establishment other than a veterinary hospital, whether operated separately or in connection with another business or establishment, that keeps, boards and/or trains dogs and/or cats for profit. Veterinary hospitals shall not be considered a kennel, unless such hospitals contain pens or facilities for housing, boarding, breeding, training, harboring, or keeping dogs, cats or other domesticated animals, swine, equine, or other livestock or animals other than, or in addition to, shortterm care incidental to the hospital use. Kennels must be established, maintained and operated in compliance with all applicable zoning and land use regulations of the town.

Laboratory, medical and dental, means an establishment providing support to the medical profession and patients, such as blood banks, oxygen, and miscellaneous types of medical supplies and services, nonresearch related.

Laboratory, scientific and research, means an establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.

Lighted private outdoor recreational activities means the installation of permanent or temporary outdoor luminaires or lighting standards to illuminate amusement and recreation (outdoors) or to illuminate any private outdoor recreational activities.

Livestock auction means any place or facility where animals are sold to the highest bidder, including barns, pens and sheds for the temporary holding and sale of livestock. The term "livestock auction" does not apply to individual sales of animals by private owners to other private owners.

Local utility line means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service.

Mailing and shipping service means an establishment that conducts the retail sale of stationary products, as well as providing packaging, photocopying, printing, and mail services (both U.S. Postal and private postal services). Such establishments do not include freight transportation service or warehousing and wholesale.

Maintenance services means an establishment primarily engaged in the provision of off-site maintenance and custodial services. Typical uses include, but are not limited to, carpet cleaning, janitorial, landscape maintenance, pest control, septic tank and window cleaning services.

Manufacturing, general, means an establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, excluding uses classified as manufacturing, hazardous or objectionable.

Manufacturing, hazardous or objectionable, means a use engaged in storage of, or manufacturing processes utilizing, hazardous materials as defined by the Uniform Fire Code, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Typical uses include, but are not limited to, chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, meat packing plants, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, steel works, slaughterhouses and tanneries.

Manufacturing, light, means an establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding activities classified in another land use category. Typical uses include, but are not limited to, apparel and garment factories, appliance and computer products assembly, boatbuilding and repair, electrical and electronic equipment, fixtures, jewelry manufacturing, leather products, meat cutting and wholesale storage, monument and grave marker manufacturing, motion picture production lots, musical instrument manufacturing and toy manufacturing.

Mining and quarrying means the extraction of metallic and nonmetallic minerals, including rock crushing, screening and the accessory storage of explosives. Typical uses include earth borrow pits, sand and gravel pit operations, and rock and stone quarries.

Mini-warehouse means an enclosed storage facility of a commercial nature containing independent, fully enclosed bays that are leased to persons exclusively for dead storage of their household goods or personal property.

Mobile home park means a tract of land designed or being used to accommodate two or more mobile home dwelling sites for rental.

Model home means a single-family or duplex residential structure temporarily used for the display of new residences within the subdivision or development in which the residential structure is located. A model home must not be used as a construction office.

Mortuary or funeral home means a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

Museum, library or art gallery (public), means an institution for the collection, display and distribution of books and objects of art, or science and sponsored by a public or quasipublic agency and open to the general public.

Nursing or congregate care facility means a residential land use, whether or not operated for profit, that provides, for a period exceeding 24 hours, housing, food service, and one or more personal services, which may include nursing care, for four or more persons not fully capable of independent living and not related to the owner or administrator by blood or marriage, excluding establishments classified as group homes. Typical uses include, but are not limited to, convalescent homes, nursing homes, orphanages, foster care facilities, adult congregate and assisted living facilities, and personal care homes for the physically impaired, mentally retarded, developmentally disabled or elderly.

Office, general business or professional, means an establishment providing administrative, business, executive, management or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include, but are not limited to, real estate, insurance, property management, investment, employment, facsimile transmission, advertising, secretarial data processing, photocopy and reproduction, telephone answering, telephone marketing, telegraph, cellular telephone and paging and beeper services; music recording studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; and business offices of private companies, utility companies, public agencies, trade associations, unions, and nonprofit organizations.

Office, medical and dental, means an office or group of offices for one or more physicians, surgeons, dentists, or other health care professionals to treat sick or injured patients who do not remain overnight and is open between the hours of 7:00 a.m. and 10:00 p.m.

Office, medical and dental extended care, means a facility or place where inpatient care is provided to individuals without the need for intensive care units or surgeons, and may be open between the hours of 10:00 p.m. and 7:00 a.m., including operations open 24 hours. This term includes, but is not limited to, birthing centers, urgent cares, and dialysis centers.

Office-showroom/warehouse means an establishment with a maximum of 75 percent of its total floor area devoted to storage and warehousing not accessible to the general public. The remaining floor area not used for storage and warehousing shall be devoted to retail and wholesale sales areas, sales office, and display areas for products sold and distributed from the storage and warehousing areas.

Off-site parking lot, accessory, means a premises providing a paved, ground-level, open space area, used solely for the parking of motor vehicles, and where such parking is allowed with or without payment of a fee, contract, or other form of remuneration.

Off-site parking structure, accessory, means a building or structure consisting of one or more levels, above or below grade, available for the parking of motor vehicles, with or without payment of a fee, contract, or other form of remuneration.

Open space common area means land within or related to a development, typically in control of a homeowner's association and which may be platted as an X lot or public easement, that is designed and intended for the common use or enjoyment of development residents and their guests and may include such complementary structures and improvements as are necessary and appropriate.

Park or playground, public, means an open recreation facility or park owned and operated by a public agency such as the town or school district and available to the general public or operated by an approved homeowners' association for the benefit of a specifically defined area of the town.

Parking lot, commercial, means a premises providing a paved, ground-level, open space area, used solely for the parking of motor vehicles, and where such parking is allowed with or without payment of a fee, contract or other form of remuneration.

Parking structure, commercial, means a building or structure consisting of one or more levels, above or below grade, available for the parking of motor vehicles, with or without payment of a fee, contract or other form of remuneration.

Pawn shop means an establishment where money is loaned on the security of personal property pledged in the keeping of the persons engaged in the business (pawnbroker), and goods may be purchased by the pawnbroker on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period (per Texas Finance Code), and that have been licensed to transact business by the consumer credit consumer under V.T.C.A., Finance Code ch. 371, (per Texas Local Government Code). Such establishments may also engage in the retail sale of primarily used merchandise.

Personal improvement services means an establishment primarily engaged in the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature. Typical uses include, but are not limited to, portrait shops, photography studios, artists' studios, private music lessons, driving schools, art, handicraft or hobby instruction, and counseling and referral services.

Pet store means any business or establishment other than a veterinary hospital, whether operated separately or in connection with another business or establishment, that buys and sells dogs, cats, and/or other species of pets for profit. Pet stores or shops must be established, maintained and operated in compliance with all applicable zoning and land use regulations of the town.

Plant nursery or garden shop means an establishment primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditioners, fertilizers, pesticides, garden tools and other garden supplies to the general public. These establishments primarily sell products purchased from others, but may sell some plants that they grow themselves.

Private shop, yard or building, means facilities that include offices, maintenance yards, and/or storage needed for development of private construction. Such establishments are not engaged in the direct sale of materials to consumers and may include, but are not limited to, construction and trade contractors' storage yards and offices.

Public building, shop or yard means facilities such as office buildings, maintenance yards and shops required by branches of local, state or federal government for service to an area, such as a transportation department yard, town service center or agricultural experiment station.

Railroad team track means a siding for spotting and unloading or loading boxcars or other railroad cars, and which area is connected to a public street by a drive for access.

Railroad track means railroad track or track right-of-way, but not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas.

Recreation center means a building or complex of buildings housing community recreation facilities owned, operated or leased for operation by the town or other documented nonprofit agency and may include swimming pools, tennis and other indoor or outdoor athletic facilities.

Recycling drop-off center means a small collection facility where presorted, nonbiodegradable and nonhazardous recyclable materials are accepted from the public. Typical uses include, but are not limited to, neighborhood recycling stations and thrift or charitable store collection trucks.

Refreshment stand means the use of a portable building or other temporary facilities for the retail sale of food and beverages in a ready-to-consume state. This use may be a principal use or an accessory use to a principal use located on the premises.

Religious assembly/institution or rectory means a use customarily associated with a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel, is maintained and controlled by a religious body organized to sustain public worship.

Repair services, general, means an establishment engaged in the repair of trucks, buses, agricultural equipment, construction equipment or other heavy equipment.

Repair services, limited, means an establishment engaged in the repair of personal apparel and household appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include, but are not limited to, apparel repair and alterations, small appliance repair, bicycle repair, lawn mower repair, clock and watch repair, and shoe repair shops.

Restaurant, fast food, means an establishment with a drive-through window and/or drive-in service, where the principal business is the sale of food and beverages in a ready-to-consume state. In no scenario shall this definition determine how impact fees are assessed and applied.

Restaurant, general, means an establishment where the principal business is the sale of food and beverages in a ready-to-consume state, and where a drive-through window and/or drive-in service is not provided. In no scenario shall this definition determine how impact fees are assessed and applied.

Retail, general (indoors), means a retail establishment occupying less than 25,000 square feet of floor area that does not fit the definition of any other land use classification and that does not entail any outdoors sales, service, display, storage, or other activity. Typical uses include, but are not limited to, supermarkets, apparel and accessory stores, camera and photographic supply stores, clothing rental stores, consumer electronics stores, gift, novelty and souvenir shops, luggage and leather goods stores, jewelry stores, music stores, and rental stores.

Retail, general (outdoors), means a retail establishment that does not fit the definition of any other land use classification and that entails some outdoors sales, service, display, storage or other activity. Typical uses include, but are not limited to, boat dealers, hot tub dealers, recreational vehicle dealers and monument sales.

Retail, large tenant, means a retail establishment, not otherwise defined, occupying 25,000 square feet or more of floor area in an enclosed building, which may also include accessory retail/service uses. Typical large tenant retail uses include, but are not limited to, supermarkets, department stores, home improvement centers, and discount centers.

Riding arena means an accessory structure located on a residentially-zoned property containing an arena or track designed and used exclusively for the riding, exercising, or training of livestock, as defined by section 6-1 of chapter 6, animals, of the Town of Flower Mound Code of Ordinances. Riding arenas used for business purposes shall be subject to comply with section 98-984, home occupation, of the Town of Flower Mound Code of Ordinances, and shall not be used for events open to the general public.

Rodeo grounds means a commercial structure that is open to the public and contains an arena or track designed and used for the riding, training, or showing of livestock, as defined by section 6-1 of the Town of Flower Mound Code of Ordinances.

Sales, temporary or seasonal, means a retail sales operation limited to Christmas tree sales from Thanksgiving Day through the day after Christmas Day and pumpkin sales during the months of October and November.

Sales trailer, temporary, means a mobile office trailer used while model homes are being constructed.

School, business, means a business organized to operate for a profit and offering instruction and training in a service or art such as a secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.

School, commercial trade, means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.

School, elementary or secondary, means a school having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

Secondhand store means an establishment primarily engaged in the retail sale of previously owned merchandise. Any outdoor collection shall be considered a "recycling drop-off center," and shall comply with all applicable standards.

Sexually oriented business means the establishment of an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center, as such terms are defined in section 98-994, special use conditions, sexually oriented business.

Short-term rental means the rental for compensation of any residence or residential structure, or a portion of a residence or residential structure, located within a zoning district where residential uses are lawful, for the purpose of overnight lodging for a period not more than 29 days. A short-term rental is also known as a tourist home or tourist house, but shall not include a hotel, motel, extended stay hotel/motel, boardinghouse, or rooming house.

Smoking related business means any establishment whose principal business is the offering of a service relating to, or the selling of, or renting of products or devices defined within section 18-530 of article X, regulation of smoking in public places, of the Town of Flower Mound Code of Ordinances.

Special event means an event or gathering open to the public in areas or venues not specifically designated for that purpose and which requires a temporary exception to otherwise applicable rules or requirements specifically including, but not limited to:

(a)

A carnival;

(b)

A festival;

(c)

A circus;

(d)

A race or rally;

(e)

A parade;

(f)

Seasonal sales;

(g)

A concert; and

(h)

Any event or gathering that requires:

1.

The temporary complete or partial closure of a public street;

2.

The temporary closure or restriction of access to public property;

3.

The temporary offer of merchandise, food, or beverages on public property or on private property where not otherwise permitted by the Code or the applicable certificate of occupancy;

4.

The temporary erection of a tent on public property or on private property where not otherwise permitted by the Code or the applicable certificate of occupancy;

5.

The temporary erection of a stage, band shell, portable building, grandstand, or bleachers on public property or on private property where not otherwise permitted by the Code or the applicable certificate of occupancy;

6.

The temporary use, for other than storage, of a trailer or van on public property or on private property where not otherwise permitted by the Code or the applicable certificate of occupancy;

7.

The temporary use of equipment to amplify and transmit sound, which exceeds ambient (background) sound pressure levels at the property lines; or

8.

The placement of portable toilets on public property or on private property where not otherwise permitted by the Code or the applicable certificate of occupancy.

Stadium or playfield, public, means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, football field or stadium.

Swimming pool, private, means a swimming pool constructed and maintained for the exclusive use of residents and their nonpaying guests.

Telephone equipment station means a site used for telephone exchange, switching, relay and transmitting equipment, but not including public business facility, storage or repair facilities.

Theater means an establishment, not otherwise defined, offering entertainment or performance within an auditorium contained within an enclosed building. Such entertainment or performance may include, but is not limited to, cinematic, opera, theatrical or stage production, or musical.

Transmission pipeline means the use of land, including easements on property primarily used for other purposes, for the conveyance of hazardous material through transmission pipelines, but specifically excluding the distribution lines of a local natural gas utility.

Vehicle and equipment sales or rental means an establishment, not classified in any other land use category, engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles, other than automobiles, or equipment. Typical uses include, but are not limited to, boat and motorcycle dealers, construction equipment rental yards, farm equipment and machinery sales and rental, mobile home sales, moving trailer rental, recreational vehicle and travel trailer sales or rental, and truck or bus sales or rental.

Veterinary hospital means any establishment that is maintained and operated by a licensed veterinarian for the diagnosis or treatment of injuries and diseases to animals.

Veterinary hospital (inside pens) means a veterinary hospital in which all activities are wholly enclosed within a building.

Veterinary hospital (outside pens) means a veterinary hospital that includes animal boarding facilities that are not wholly enclosed within a building.

Warehousing and wholesale, general, means an establishment offering wholesaling, storage or warehousing services not classified in any other land use category. Typical uses include, but are not limited to, wholesale distributors, storage warehouses, moving and storage firms, and trucking and shipping operations.

Wild animal means any animal not normally considered domesticated and which is now or historically has been found in the wild, or in the wild state including, but not limited to, the following:

(1)

Reptiles: venomous reptiles, any type of crocodile or alligator;

(2)

Fish: piranha;

(3)

Birds: condors, eagles, hawks, falcons, owls;

(4)

Mammals: ocelots, lions, tigers, jaguars, leopards, cougars, wolves or wolf hybrids, dingoes, coyotes and coyote mixes, jackals, weasels, martens, minks, badgers, skunks, raccoons, pandas, bears, kangaroos, opossums, sloths, anteaters, armadillos, monkeys, chimpanzees, gorillas, orangutans, porcupines, antelope, deer, fox, elephant, lynx, camel, squirrels; or

(5)

Any species of animal illegal to own under federal, state or local law.

Wine and/or beer retail establishment means any establishment which derives the majority of its gross revenue from the sale of wine and/or beer to the general public for off-premises personal or household consumption and rendering services incidental to the sale of such goods.

Wrecking or salvage yard means the use of any lot or portion of a lot or tract, building or structure for the storage, salvage, sale, display, demolition, keeping or dismantling of scrap material which may or may not be wholly assembled into useful objects, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts.

(Code 1989, ch. 12, § 2.03; Ord. No. 75-99, § 1(2.03), 12-6-1999; Ord. No. 14-00, § 1(2.03), 2-17-2000; Ord. No. 40-00, § 1, 6-5-2000; Ord. No. 08-01, § 1, 2-5-2001; Ord. No. 89-02, § 1, 12-2-2002; Ord. No. 25-03, § 1, 5-19-2003; Ord. No. 48-03, § 3, 8-18-2003; Ord. No. 76-03, § 2, 11-3-2003; Ord. No. 101-04, § 5, 12-20-2004; Ord. No. 72-05, § 2, 9-6-2005; Ord. No. 53-06, § 2, 8-5-2006; Ord. No. 80-07, § 2, 10-1-2007; Ord. No. 05-10, § 2, 1-21-2010; Ord. No. 33-11, § 2, 7-18-2011; Ord. No. 18-16, § 1, 3-21-2016; Ord. No. 61-19, § 1, 10-7-2019; Ord. No. 08-20, § 2, 4-20-2020; Ord. No. 17-21, §§ 4—6, 4-5-2021; Ord. No. 42-21, § 13, 10-4-2021; Ord. No. 13-24, § 7, 4-1-2024; Ord. No. 11-25, § 6, 3-3-2025)

Cross reference— Definitions generally, § 1-2.

Undefined and unlisted uses. The definition of any word or phrase not listed in this Code that is in question shall be interpreted by the development review committee from one of the following sources for the purpose of determining if the use is regulated by this Code or not. The priority shall be given to sources based on their numeric order below. If the use is determined to not be permitted by this Code, it shall only be permitted through the approval of a planned development district that specifically defines and allows the proposed use at the designated location.

(1)

Any town resolution, ordinance, code, or regulation;

(2)

Any statute or regulation of the State of Texas;

(3)

Legal definitions from Texas Common Law or a law dictionary;

(4)

A common dictionary.

(Ord. No. 17-21, § 7, 4-5-2021)