No land shall hereafter be used and no building or structure shall hereafter be occupied, used, erected, altered, removed, placed, demolished or converted which is arranged or designed to be used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses listed in the following tables.

(1)

Accessory and incidental uses.

(2)

Residential types uses.

(3)

Educational, institutional, and special uses.

(4)

Transportation, utility, and communications uses.

(5)

Automobile and related services uses.

(6)

Office, retail, commercial, and service type uses.

(7)

Manufacturing, storage, and warehousing uses.

(Ord. No. 2003-0417, § 25, 4-17-2003; Ord. No. 2017-1207A, § 2, 12-7-2017; Ord. No. 2022-0324, § 4, 3-24-2022; Ord. No. 2022-0324A, § 2, 3-24-2022)

Procedure for classifying new/unlisted uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The zoning administrator shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting a recommendation to the city council as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. The planning and zoning commission shall make a recommendation to the city council regarding the zoning districts within which such use should be permitted.

(2)

The planning and zoning commission and the city council shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, in determining the zoning district within which such use should be permitted.

(3)

The city council shall, by ordinance, approve or make such determination concerning the classification of such use as is determined appropriate, based upon its findings.

(Ord. No. 2003-0417, § 32, 4-17-2003)

The following use descriptions and definitions apply to residential uses:

Boardinghouse or roominghouse means a building, other than hotel or multiple family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms. Facilities usually referred to, as "bed and breakfast" arrangements are included in this definition.

Dormitory means a building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or roominghouse. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.

Duplex. See Two-familydwelling.

Guest house means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having kitchen facilities and not rented or otherwise used as a separate dwelling.

Industrialized housing means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term "industrialized housing" does not mean or apply to:

(1)

Housing constructed of sectional or penalized systems not utilizing modular components; or

(2)

Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Manufactured home park means any tract of land under single ownership of not less than one-half acre and not more than ten acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the city relating to the location, use, construction, operation, or maintenance of manufactured housing.

Manufactured home subdivision means a tract of land of not less than two acres which has been final platted of record in its entirety in accordance with the subdivision regulations of the city for occupancy primarily by HUD-Code manufactured housing and industrialized housing.

Manufactured housing, HUD-Code means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. All references in this article to manufactured housing or manufactured homes shall be references to HUD-Code manufactured housing, unless otherwise specified.

Mobile home means a structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Motel, motor hotel, or motor lodge means a building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation. Units provided for the customers and where the operation is supervised by a person in charge at all hours. A motel, motor hotel, or motor lodge may include restaurants, clubrooms, banquet halls, ballrooms and meeting rooms as accessory uses.

Multiple-family residence means any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Residence hotel means a multi-dwelling unit extended stay-lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting room, clubhouse and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in this chapter.

Retirement housing means a development providing dwelling units specifically designed for the needs of ambulatory or retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

(1)

Cafeteria and/or dining room.

(2)

Library.

(3)

Game room.

(4)

Swimming pool and/or Jacuzzi.

(5)

Exercise room.

(6)

Arts and crafts facilities.

(7)

Greenhouse.

(8)

Housekeeping service.

(9)

Transportation service.

(10)

Snack bar with a maximum of 350 square feet per 100 dwelling units.

(11)

Beauty shop/barbershop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units.

(12)

Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, non-prescription drugs, small household items, and gifts.

Servant's, caretaker's, or guards' residence means an accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one kitchen and at least one bathroom facility and used as living quarters for a person or person employed on the premises for not less than 50 percent of his actual working time, and not otherwise used or designed as a separate place of abode; provided that the living area of such quarters shall not exceed 600 square feet.

Single-family dwelling attached means a dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot.

Single-family dwelling, detached means a detached building designed exclusively for occupancy by one family, excluding manufactured housing and modular homes.

Townhouse or row dwelling means one of a series of not less than three nor more than ten attached one-family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof means no townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

Travel trailer park means any tract of land under single ownership, two acres or more, where accommodations are provided for travel trailer use.

Two-family dwelling means a building designed for occupancy by two individuals or families living independently of each other within separate units which have a common wall and are under one roof.

Vertical residential means a residence that only exists as a mixed use above a commercial application is only allowed in relationship to a C1 zoning district property and is specifically prohibited as a stand alone use type. Only a commercial building with a minimum ground level square foot floor space of 1800 square feet shall be eligible for vertical residential consideration. Also, each residential unit must be a minimum of 600 square feet. Basic building and parking requirements for vertical residential shall fall under section 56-318 and must be combined with the same requirements for the C1 district. In case of conflict of those requirements the most stringent provision shall prevail. A certificate of occupancy is required for each residential unit in addition to the base certificate of occupancy for the commercial units.

Zero lot line house means a residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.

(Ord. No. 2003-0417, § 26.1, 4-17-2003)

The following use descriptions and definitions apply to educational, institutional, and special uses:

Child care center means an establishment where four or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child care center" does not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. (Also see Registered family home.)

Church, rectory, or place of worship means a building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises.

Civic center means a building or complex of buildings that houses municipal offices and services and which may include cultural, convention and/or entertainment facilities owned and/or operated by a governmental agency.

College oruniversity means an institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

Community center, private, means a building dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit.

Community center, public, means a building dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.

Continuing care facility means a place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides boarding and lodging, together with personal care services and nursing services, medical services, or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one year, such individual being cared for not being related by consanguinity or affinity to the person providing the care. (Also see Household care facility and Household care institution, andPersonal care home.)

Country club (private) means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as a private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

Exhibition area means an area or space either outside or within a building for the display of topic-specific goods or information.

Fairgrounds means an area where outdoor fairs, circuses or exhibitions are held.

Family home means a community-based residential home operated by either the state, a nonprofit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet the following requirements:

(1)

Not more than six disabled persons and two supervisory personnel may reside in a family home at the same time.

(2)

The home must provide food and shelter, personal guidance, care, rehabilitation services, or supervision.

(3)

All applicable licensing requirements must be met.

Farm, ranch, or orchard means an area of five acres or more which is used for the growing of usual farms products and/or raising of usual farm products and animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance of law. A farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noises, or vibrations or be otherwise detrimental to the public welfare.

Fraternal organization, lodge, or civic club means an organized group having a restricted membership and specific purpose related to the welfare of the members.

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

Greenhouse or plant nursery, commercial, means a place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold including related storage of equipment for landscape contracting.

Greenhouse, non-commercial, means a building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.

Hospital (chronic and acute care); long term health care facility means an institution providing both in-patient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury and disease or to injured patients who need medical or surgical treatment intended to restore them to health and an active life and which is licensed by the state.

Household care facility means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with no more than two supervisory personnel as a single housekeeping unit. (See also Household care facility, Personal care home andContinuing care facility.)

Kennel means any lot or premises on which four or more dogs, cats or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.

Library means any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

Museum orart gallery means an institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

Nursery school; kindergarten means a child care facility offering a program four hours or less per day for children who have passed their second birthday but who are under seven years old.

Nursing home. See Rest home or Nursing home.

Park, playground, or recreation center (private) means a privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner's association, or similar organization.

Park, playground, or recreation center (public) means an open recreation facility or park owned and operated by a public agency and available to the general public.

Personal care home (custodial care) means an owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three individuals not related to the provider of such care. Custodial care is that care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel. (Also see Continuing care facility.)

Race track means a facility used for the racing of motor-driven vehicles and/or animals.

Registered family home means a child care facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed 12 at any given time. (Also see Child care center.)

Rehabilitation care facility means a dwelling unit which provides residence and care to not more than four 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 supervisory personnel as a single housekeeping unit.

Rehabilitation care institution means a facility which provides residence and care to five or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.

Rest home or nursing home means a place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.

School, private (primary or secondary), means an institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

School, public (primary or secondary), means an institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

School, trade or commercial, means establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction on a trade, art, or occupation.

Stable, commercial, means a structure housing horses, which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction or similar trading activity.

Stable, private, means an accessory building set back from adjacent property fines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per one acre area of a farm or lot.

Stadiumor play field, public, means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

Swimming pool, commercial, means a swimming pool with accessory facilities, part of the facilities are available to the general public for a fee.

(Ord. No. 2003-0417, § 26.2, 4-17-2003)

The following use descriptions and definitions apply to transportation, utility and communications uses:

Airport, landing field, means a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.

Electrical substation means a subsidiary station in which electric current is transformed.

Gas metering station means facility at which natural gas flows are regulated and recorded.

Heliport or helistop means a landing facility for rotary wind aircraft which may include fueling or servicing facilities for such craft.

Radio, television, or microwave communications operators, amateur means the transmission, retransmission, or reception of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or financial gain.

Radio, television, or microwave communications operations, commercial means the transmission, retransmission, or reception of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain.

Railroad station means any premises for the transient parking of trains and the loading and unloading of passengers.

Railroad team track and right-of-way means a facility/place for the loading and unloading of materials on trains. The term "railroad track and right-of-way" includes tracks and undeveloped rights-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.

Service yard of governmental agency means an area for the servicing and storage of vehicles or other property of a governmental agency.

Shops, office, and/or storage area of public or private utility means the pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

Solid waste transfer station means a facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.

Telephone exchange means a switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.

(Ord. No. 2003-0417, § 26.3, 4-17-2003)

The following use descriptions and definitions apply to automobile and related service uses:

Auto laundry. See Car wash.

Auto leasing means storage and leasing of automobiles, motorcycles, and light load vehicles.

Auto parts sales (inside) means the use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, tractor trailers, or recreational vehicles.

Auto parts sales (outside) means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks, vans, tractor trailers, or recreation vehicles.

Auto storage means the storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution, or storage.

Automobile repair, major means general repair or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under "Automobile repair, minor," and other similar uses.

Automobile repair, minor means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for light load vehicles, but not including any operation named under "Automobile repair, major" or any other similar use.

Automobile and trailer sales, new, means a building and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks, and trailers, to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.

Automobile and trailer sales, used, means a building and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks, or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sale area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.

Automobile service station means a building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator springs, or axles; steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles which are inoperative or are being repaired to remain outside such service station for a period greater than seven days.

Automobile wrecking yard of junk yard means any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scraping of any other goods, articles, or merchandise.

Bus terminal means any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

Car wash means facility or structure used to wash motorcycles, automobiles, vehicles and trucks.

Parking lot or parking garage, automobile means area for parking light load vehicles.

Parking lot or parking garage, truck means area for parking heavy load vehicles.

Quick oil changefacility means a business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks.

Quick tuneup facility means a business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PVC valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.

Truck and bus leasing means the rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done.

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

Truck or motor freight terminal means a building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.

Truck sales means a building and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles, to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.

(Ord. No. 2003-0417, § 26.4, 4-17-2003)

The following use descriptions and definitions apply to retail and service type uses:

Air conditioning and refrigeration contractor means a place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Vernon's Ann. Civ. St. art. 8861.

Amusement, commercial (indoor) means an establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or practice areas, gymnasiums and indoor running or jogging tracks.

Amusement, commercial (outdoor) means an outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including, but not limited to, batting cages, miniature golf, go-cart tracks and carnivals.

Antique shop means a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sale and storage occurring inside a building.

Arcade means an establishment in which there are located six or more coin operated skill or pleasure machines.

Bakery and confectionery, commercial means a place for preparing, cooking or baking of products primarily intended for off-premises distribution.

Bakery and confectionery, retail sales means a place for preparing, cooking, baking and selling of products on the premises.

Bank, savings and loan, credit union means an establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Barber school or college means a place of training for practice of barbering, as defined in Texas Barber Act, Vernon's Ann. Civ. St. art. 8407, meeting standards established in section 9 of said Texas Barber Act.

Barbershop means a place where barbering, as defined in Texas Barber Act, Vernon's Annotated Civil Statutes (Vernon's Ann. Civ. St.), art. 8407, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

Beauty culture school means cosmetology specialty shop: a specialized place of training, as defined in the V.T.C.A., Occupation Code § 1602.002.

Beauty shop means a place where cosmetology, as defined in the Texas Occupation Code, is practiced. It may also encompass permanent makeup services, provided they serve as an accessory to the beauty shop and meet the requisite state licensing requirements for permanent makeup services.

Building materials, hardware sales means the sale of new building materials and supplied indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.

Business service means establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis including, but not limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing.

Cabinet and upholstering shop means an establishment used for the production, display and sale of furniture and soft coverings for furniture.

Cleaning and dyeing, small plant or shop means a custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. (Also see Cleaning and dyeing; dry cleaning plant.)

Clinic, medical or dental means a facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight.

Convenience store means a retail establishment providing for the sale of food items, non-prescription drugs, small household items, and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.

Custom personal service shop includes such uses as tailor, shoe repair, barber shop/beauty shop, health studio, or travel consultant.

Discount, variety, or department store means a retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.

Feed and farm supply store means an establishment for the selling of food stuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.

Flea market means a site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects or equipment in small quantities. The term "flea market" is not deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Florist means an establishment displaying plants, flowers, floral supplies, and similar items.

Food store, grocery store means an establishment that displays and sells consumable goods that are not to be eaten on the premises.

Furniture, appliance store means retail stores selling goods used 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.

Garden center (retail sales) means location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.

General merchandise store means retail stores which sell a number of lines of merchandise including, but not limited to, dry goods apparel and accessories, furniture and home furnishings, small wares, hardware, and food. The stores included in this group are known as department stores, variety stores, general stores, and other similar stores.

Household appliance service and repair means the maintenance and rehabilitation of appliances customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners, and hair dryers.

Laboratory, scientific or research means facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Laundry and cleaning self-service means an establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.

Metal dealer, crafted precious means a place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or heir alloys, including coins and commemorative medallions, under terms and conditions found in Vernon's Ann. Civ. St. art. 990a.

Metal dealer, secondhand means a place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale, or transfer, under terms and conditions found in Vernon's Ann. Civ. St. art. 9009. (Also see Junk or salvage yard.)

Mobile food unit (also known as food truck) means a vehicle mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food, in accordance with the definition thereof in section 12-107 and subject to all requirements and standards, including permit requirements, identified in section 12-116.

Office center means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.

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

Office, showroom/warehouse means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing 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.

Pawn shop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).

Personal service shop means an establishment primarily engaged in providing services generally involving the area of the person or his apparel including, but not limited to, barbershop and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs.

Pet shop or animal salon means a retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.

Plumbing, heating, refrigeration, or air-conditioning business means an establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning. (Also see Air conditioning and Refrigeration contractor.)

Plumbing service means the operation of a business which involves only retail sales and off-premises service, installation, and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures, or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration, or air conditioning contractor or similar type wholesale operation.

Portable building sales means an establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.

Post office, government or private means a local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

Print shop means an establishment which reproduces printed or photographic impressions including, but not limited to, the process of composition, binding, plate making, microform, type casting, press work, and printmaking.

Racquetball facilities means courts housed in an acoustically treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery, and related uses up to a maximum of 40 percent of the total floor area.

Retail stores and shops means establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.

Secondhand store, furniture or clothing means an establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.

Service, retail means an establishment engaged in the selling and/or servicing of goods where a minimum of 80 percent of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.

Shopping center means a group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Snow cone stand means a temporary building that serves snow cones and commercially prepackaged foods or drinks only, including but not limited to candy, chips, and nuts. A snow cone stand shall not serve foods or drinks that are prepared or cooked.

Tattoo studio means a facility where licensed personnel apply permanent marks or designs to the human body by means of scarring or pigment insertion beneath the skin using needles, scalpels, or related equipment, in accordance with Chapter 146 of the Texas Health and Safety Code. A tattoo studio may also encompass a permanent cosmetic makeup studio, provided it serves as an accessory use to the tattoo studio and meets the requisite state licensing requirements for tattoo and permanent cosmetic services

Theater (outdoor) means 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.

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

Trailer rental means the display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.

Washateria means a building or place where clothes and linens are washed and thoroughly dried by the use of not exceeding three employees and four automatic single-family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless. (See Laundry and cleaning, self-service.)

(Ord. No. 2003-0417, § 26.5, 4-17-2003; Ord. No. 2022-0324, § 3, 3-24-2022; Ord. No. 2022-0324A, § 1, 3-24-2022; Ord. No. 24-08053,  8- 5-2024; Ord. No. 24-08054,  8- 5-2024)

The following use descriptions and definitions apply to manufacturing, storage, and warehousing uses:

Bottling works means a manufacturing facility designed to place a product into a bottle for distribution.

Cleaning and dyeingdry cleaning plant means an industrial facility where fabrics are cleaned and substantially nonaqueous organic solvents. (Also see Cleaning and dyeing, small plant or shop,section 56-670.)

General commercial plant means an establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plant.

General manufacturing means the manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this chapter.

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

Junk or salvage yard means a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junk yard" includes an automobile wrecking yard and automobile parts yard. The term "junk yard" does not include such uses conducted entirely within an enclosed building. (Also see Metal dealer, secondhand.)

Light manufacturing means 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.

Self-storage, mini-warehouse means a facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.

Storage or wholesale warehouse, heavy means a building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

Storage or wholesale warehouse, light means a building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

(Ord. No. 2003-0417, § 26.6, 4-17-2003)

The following use descriptions and definitions apply to accessory uses:

Accessory building or use means an accessory building or use is one which:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in area, extent, or purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and

(4)

Is located on the same building lot as the principal use served.

Carport means a structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 36 feet on its longest dimension.

Construction yard (temporary) means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field office. (Also see section 56-704.)

Customary home occupation means an occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a residential dwelling as hereinafter defined, subject to compliance with each of the following conditions:

(1)

The term "residential dwelling" means a detached building designed, used and occupied exclusively by members of one family as a residence.

(2)

Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft, or economic enterprise shall never exceed 25 percent of the total of the floor area of the residential dwelling.

(3)

Not more than one non-illuminated sign advertising the home occupation shall be allowed; said sign shall be not more than one square foot in area and shall be mounted on the building in which the home occupation is being conducted.

(4)

The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

(5)

No exterior storage of material, equipment, and/or supplies used in conjunction with such occupation, profession, domestic craft, or enterprise shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.

(6)

No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.

(7)

The occupation, profession, domestic craft, or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

(8)

The only equipment to be used in such occupation, profession, domestic craft, or enterprise shall be that which is ordinarily used in a private home in a like amount and kind.

(9)

A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents.

Field or sales office (temporary) means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted only by the city council, any such permits granted may be revoked if the city council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard. (Also see Construction yard (temporary).)

Garage, private means a detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.

(Ord. No. 2003-0417, § 26.7, 4-17-2003)

(a)

No portion of a child care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.

(b)

Child care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.

(c)

Site plan approval by the planning and zoning commission shall be required for all child care center sites whether or not a specific use permit is required.

(d)

Child care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.

(e)

All child care centers shall comply with the following standards:

(1)

All vehicular entrances and exits shall be clearly visible from the street.

(2)

All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.

(3)

Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the planning and zoning commission if the child care is provided for less than four hours per day for an individual person.

(4)

In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area s utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.

(5)

No child care center shall be part of a one-family or two-family dwelling.

(Ord. No. 2003-0417, § 27.1, 4-17-2003)

Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the city council. Upon due notice and hearing before the city council, any such permit may be revoked if the city council finds the use of the building or structure is contrary to the intent of this division or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

(Ord. No. 2003-0417, § 27.2, 4-17-2003)

(a)

No radio, television, microwave tower, amateur radio (i.e., HAM) antenna, or wireless communications facility shall be constructed, erected, expanded, or located within the city except in compliance with applicable city regulations.

(b)

No commercial, radio, television, or microwave reflector antenna support structure shall be closer to any residential district boundary line or any area shown as residential on the current comprehensive plan than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two stories. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.

(c)

The location of radio, television, or microwave reflectors, antennas, or support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.

(d)

All commercial communication operations or radio, television, or microwave reflectors, antennas, or structures shall be prohibited in residential districts.

(e)

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.

(Ord. No. 2003-0417, § 27.3, 4-17-2003)

Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in section 56-318. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.

(Ord. No. 2003-0417, § 27.4, 4-17-2003)

(a)

Courts. Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.

(b)

Usable open space. Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in section 56-2), in accordance with the table below:

(c)

In those instances where a parcel of land has been zoned for multifamily use with a specific use permit or planned development classification and the permitted densities do not conform exactly with those permitted in the MF district, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.

(d)

In meeting this requirement, a credit of three square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten feet of a pool; developed and equipped children's play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the planning and zoning commission and/or city council may allow a credit not to exceed ten percent of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed 50 percent of the total usable open space for an individual lot or parcel of land.

(e)

At the time of site plan approval, the city council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmental significant and that their preservation would enhance the development.

(Ord. No. 2003-0417, § 27.5, 4-17-2003)

Gasoline service station pump islands may not be located nearer than 18 feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten feet to the property line.

(Ord. No. 2003-0417, § 27.6, 4-17-2003)

It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.

(1)

No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.

(2)

A swimming pool erected below ground or above ground with a depth of two feet or greater may be constructed and operated when:

a.

The pool is not located in any required front or side yard abutting a street;

b.

A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates that are lockable at all entrances, completely encloses either the pool area or the surrounding yard area;

c.

All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties;

d.

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and

e.

The swimming pool is no closer than eight feet from any property line.

(Ord. No. 2003-0417, § 27.7, 4-17-2003)

(a)

Metal fences, except wrought iron, shall not be allowed in the required front yard in any district.

(b)

No fence or hedge shall exceed four feet height in the required front yard in any district.

(c)

No fence shall exceed eight feet in height.

(d)

Fences shall be constructed of customary urban fencing materials (i.e., brick, wood, stone or as approved by city council upon the planning and zoning commission's recommendation and shall be aesthetically consistent with buildings and fences in the area).

(Ord. No. 2003-0417, § 27.8, 4-17-2003)

A nonconforming status shall exist when a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the zoning ordinance.

(Ord. No. 2003-0417, § 34.1, 4-17-2003)

No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of the ordinance from which this division is derived, except to provide off-street loading or off-street parking space upon approval of the city council. However, an accumulative ten percent increase in structure can be achieved on the same lot if approved the city council.

(Ord. No. 2003-0417, § 34.2, 4-17-2003)

Repairs and normal maintenance may be made to a nonconforming building provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(Ord. No. 2003-0417, § 34.3, 4-17-2003)

Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(Ord. No. 2003-0417, § 34.4, 4-17-2003)

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this chapter. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Discontinuance of a business or the vacancy of a building or premises occupied by a nonconforming use for a period of six months shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use not involving a permanent type of structure which is moved from the premises shall be considered to have been abandoned.

(Ord. No. 2003-0417, § 34.5, 4-17-2003)

If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, an act of God or other cause, it may not be rebuilt except to the provisions of this chapter. In the case of partial destruction of a nonconforming use not exceeding 60 percent of its reasonable value and general welfare of the citizens of the city reconstruction may be permitted after a hearing and favorable action by the city council, but the size and function of the nonconforming use shall not be expanded.

(Ord. No. 2003-0417, § 34.6, 4-17-2003)

A conforming mobile home may be exchanged or replaced by a HUD-Code manufactured home. A HUD-Code manufactured home that was manufactured no more than five years prior to the date of installment. Conforming HUD-Code manufactured home may be exchanged or replaced by a newer HUD-Code manufactured home that was manufactured no more than five years prior to the date of installment if the replacement home is installed within 30 days of removal of the former home. If the replacement home is not installed within 30 days, the nonconforming use shall be deemed abandoned and terminated and the current zoning designation will apply to that lot.

(Ord. No. 2003-0417, § 34.7, 4-17-2003)

(a)

As permitted under the provisions of this chapter, a property owner may apply for a specific use of property, as authorized by the zoning district in which the property is located. The planning and zoning commission shall consider such application. After proper notice and a public hearing, the planning and zoning commission shall make a recommendation to the city council regarding any application for a specific use permit. The planning and zoning commission may require information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed.

(b)

An application for a specific use permit (SUP) shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials and locations of buildings; the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; visual screening such as walls, landscaping, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.

(c)

After proper notice and a public hearing, the city council may grant a permit for a specific use of property as authorized by the zoning district in which the property is situated. The city council may require information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed.

(Ord. No. 2003-0417, § 28.1, 4-17-2003)

(a)

In recommending that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such use is harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.

(b)

The city council shall authorize issuance of a specific use permit only after determining that the proposed use is harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration.

(c)

The city council shall authorize issuance of a specific use permit only after determining that adequate provisions have been made for the paving of streets, alleys, and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.

(d)

No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the permit, as attached to the site plan drawing (or drawings) and approved by the city council. No public hearing is necessary for site plan approval.

(e)

Whenever regulations or restrictions imposed by this division are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.

(f)

When the city council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses.

(Ord. No. 2003-0417, § 28.2, 4-17-2003)