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Highland Park City Zoning Code

§ 7

USE OF LAND AND BUILDINGS.

7-100 
LAND AND BUILDINGS IN EACH OF THE FOLLOWING CLASSIFIED DISTRICTS MAY BE USED FOR ANY OF THE FOLLOWING LISTED USES BUT NO LAND SHALL HEREAFTER BE USED, AND NO BUILDING OR STRUCTURE SHALL HEREAFTER BE ERECTED, ALTERED OR CONVERTED WHICH IS ARRANGED OR DESIGNED OR USED FOR OTHER THAN THOSE USES SPECIFIED FOR THE DISTRICT IN WHICH IT IS LOCATED AS SET FORTH BY THE FOLLOWING SCHEDULE:
7-101 
The following symbols are applicable to the interpretation of the SCHEDULE OF USES, 7-102.through 7-107.
LEGEND
X
Designates use permitted in district indicated.
 
Designates use prohibited in district indicated.
S
Indicates use may be approved as Specific Use Permit (See Section 11)
Note: Symbols applicable to following Use Schedule Charts 7-102 through 7-107.
7-102 
PRIMARY RESIDENTIAL USES.
TYPE USE
DISTRICTS
A
B
C
D
E
F
G
H
CC
CS
GR
PD
One-Family Residence (Detached) (2)
X
X
X
X
X
X
X
X
 
X
X
X
One-Family Residence (Attached), Townhouse (1)
 
 
 
 
 
 
X
X
 
X
X
X
Two-Family Residence Duplex
 
 
 
 
 
X
X
X
 
X
X
X
Multiple-Family Residence Apartment Building
 
 
 
 
 
 
X
X
 
X
X
X
Community Unit Development (3)
 
 
S
S
S
S
S
S
 
S
S
S
7-103 
SPECIAL AND ACCESSORY USES.
TYPE USE
DISTRICTS
A
B
C
D
E
F
G
H
CC
CS
GR
PD
Accessory Building (4)
X
X
X
X
X
X
X
X
X
X
X
X
Accessory Food Service
 
 
 
 
 
 
 
S
X
S
S
S
Church and Rectory (6)
X
X
X
X
X
X
X
X
 
X
X
X
Country Club with Golf Course (7)
X
X
 
 
 
 
 
 
X
 
 
 
Home Occupation (8)
X
X
X
X
X
X
X
X
 
X
X
X
Off-Street Parking Incidental to Main Use (9)
X
X
X
X
X
X
X
X
X
X
X
X
Park, Playground or Community Center (Public) (10)
X
X
X
X
X
X
X
X
 
X
X
X
School, Public (11)
 
 
 
 
 
 
 
 
 
 
 
X
Servants or Caretakers Quarters (12)
X
X
X
X
X
X
X
X
X
X
X
X
Swimming Pool (Private) (13)
X
X
X
X
X
X
X
X
X
X
X
X
Tennis Court (Private) (13a)
X
X
X
X
X
 
 
 
X
 
 
S
Tennis Court (Lighting)
S
 
 
 
 
 
 
 
S
 
 
 
Multi-purpose Game Court (no lighting) (13b)
X
X
X
X
X
X
X
X
X
X
X
X
Multi-purpose Game Court (lighting) (13a) [(13c)]
S
S
S
S
S
S
S
S
S
S
S
S
7-104 
UTILITY AND SERVICE USES.
TYPE USE
DISTRICTS
A
B
C
D
E
F
G
H
CC
CS
GR
PD
Electrical Substation
S
S
S
S
S
S
S
S
 
X
X
X
Electrical Transmission Line
X
X
X
X
X
X
X
X
 
X
X
X
Fire Station
 
 
X
X
X
X
X
X
 
X
X
X
Local Utility Distribution Lines (14)
X
X
X
X
X
X
X
X
 
X
X
X
Telephone Lines and Telephone Exchange (15)
X
X
X
X
X
X
X
X
 
X
X
X
Water Reservoir, Well or Pumping Station
 
X
X
X
X
X
X
X
 
X
X
X
Town Hall or Municipal Building or Service Center (16)
S
S
S
S
S
S
S
S
 
X
X
X
Public or Private Utility (Not Listed) (17)
S
S
S
S
S
S
S
S
 
S
S
S
7-105 
AUTOMOBILE RELATED USES
TYPE USE
DISTRICTS
A
B
C
D
E
F
G
H
CC
CS
GR
PD
Auto Sales or Repair Garage (18)
 
 
 
 
 
 
 
 
 
 
X
 
Gasoline Service Station (19)
 
 
 
 
 
 
 
 
 
X
X
X
Parking Lot or Area Related to Adjacent Business
 
 
 
 
S
S
S
S
 
X
X
X
7-106 
RETAIL AND SERVICE TYPE USES.
TYPE USE
DISTRICTS
A
B
C
D
E
F
G
H
CC
CS
GR
PD
Bank or Savings and Loan Office
 
 
 
 
 
 
 
 
 
X
X
X
Bakery or Candy Shop (Retail) (20)
 
 
 
 
 
 
 
 
 
X
X
X
Barber or Beauty Shop
 
 
 
 
 
 
 
 
 
X
X
X
Cafeteria or Restaurant without Drive-In Service (21)
 
 
 
 
 
 
 
 
 
X
X
X
Custom Personal Service Establishment (22)
 
 
 
 
 
 
 
 
 
X
X
X
Florist, Garden Shop, Greenhouse or Plant Sales in Building (23)
 
 
 
 
 
 
 
 
 
X
X
X
Household Appliance, Service or Repair Shop (24)
 
 
 
 
 
 
 
 
 
X
X
X
Offices, Professional and General Administrative
 
 
 
 
 
 
 
 
 
X
X
X
Retail Stores and Shops (25)
 
 
 
 
 
 
 
 
 
X
X
X
Studio for Photographer, Musician, Artist or Decorator
 
 
 
 
 
 
 
 
 
X
X
X
Studio for Radio or Television
 
 
 
 
 
 
 
 
 
 
X
X
Theater (25a)
 
 
 
 
 
 
 
 
 
S
S
S
7-107 
(RESERVED)
7-108 
CLASSIFICATION OF NEW AND UNLISTED USES It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the Town of Highland Park. In order to provide for such changes and contingencies and [any] determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1) 
The Building Inspector shall refer the question concerning any new or unlisted use to the Town Zoning Commission requesting an interpretation 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, 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.
(2) 
The Town Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.
(3) 
The Town Zoning Commission shall transmit its findings and recommendations to the Town Council as to the classification proposed for any new or unlisted use. The Town Council shall by resolution approve the recommendation of the Town Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.
7-200 
SPECIAL DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS.
7-201 
The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as set forth in the Use Schedule and Provisions 7-101 through 7-107 inclusive.
(1) 
One-Family Residence (Attached)–
A dwelling designed and constructed for occupancy by one family which is joined to another dwelling or dwellings at one or more sides by a party wall or abutting separate wall and which is located on a separately identified building site (lot) which has separate access and utility service and which can be identified and conveyed as a separate building and building site. (Same as townhouse.)
(2) 
One-Family Residence (Detached)–
A dwelling designed and constructed for occupancy by one family and located on a separate building site and having no physical connection to other buildings located on any other adjacent lot or building site and providing the normal front, side and rear yards.
(3) 
Community Unit Development–
An area of unsubdivided land or a tract being subdivided and planned as a single integral residential development with yard setback and open space standards differing from the district in which it is located but which observes the over-all density standards set forth in such district and for which the standards and physical plan are approved by the Town Council.
(4) 
Accessory Building or Structure–
In a residence district, a subordinate building or structure, attached or detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, air conditioning structure, tool house, lath or greenhouse as a hobby, home workshop, children’s playhouse, storage house or garden shelter, but in no case shall an accessory building involve the conduct of a business or the creation of a condition adverse to the use and enjoyment of adjacent residential property.
(5) 
Accessory Food Service–
In an “H,” Multifamily Residence District, a dining room with accessory kitchen facilities of the building only, limited in area and size to one seating accommodation, not to exceed more than thirty (30) square feet per seat in a contiguous area, for each four (4) dwelling units available for rental in the structure and not constituting a private club, cafe or cafeteria and not involving the use of any exterior sign or the sale of or the serving of any alcoholic beverages except beer or wine or the presentation of any entertainment. Such use may also be approved by Specific Use Permit in the CS, GR, and PD Districts.
(6) 
Church or Rectory–
A structure designed and used as [a] place of worship by a recognized and organized religious group, having an ordained minister or equivalent title and may include the place of residence of the minister or priest such as a rectory, manse or parsonage, when all facilities are located on a single integral site.
(7) 
Country Club–
A golf course and club house with related recreation facilities such as tennis courts, having a private and restricted membership and operated for the sole benefit of the membership. Such country club may contain incidental social and entertainment facilities for the sole use or enjoyment of the membership.
(8) 
Home Occupations–
A home occupation is an occupation customarily carried on in the home by a member of the occupant’s family, without the employment of additional persons, without the use of a sign to advertise the activity, without storing or offering any commodity or service for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as odor, increased traffic, parking or noise and which does not involve any customer, client or potential customer visiting the premises.
(9) 
Off-Street Parking Incidental to Main Use–
An enclosed or unenclosed, all-weather-surfaced area for the storage of motor vehicles which are owned or used by the occupant of the premises or their guests. In the case of legal business uses, incidental parking includes the storage of vehicles used by customers, clients and visitors as well as the customary loading and unloading activities incidental to the use. In all cases the parking shall be located without encroachment into a public street and in residential areas all parking facilities shall be located behind the front yard line.
(10) 
Park, Playground or Community Center (Public)–
A municipally owned or sponsored open area for recreation use and enjoyment of the public including buildings, shelters, swimming pools and accessory facilities related thereto.
(11) 
School, Public–
A school under the sponsorship of a State-approved public school board having a curriculum approved for public elementary or secondary schools, but not including private, parochial, trade or commercial schools or day nurseries.
(12) 
Servants’ or Caretakers’ Quarters–
An accessory building, either separate from or attached to the main building, designed and used as a place of abode for bona fide servants or caretakers, regularly employed on the premises and not including a kitchen or kitchen equipment such as a sink, stove or other facilities which would create a separate dwelling unit.
(13) 
Swimming Pool (Private)–
A pool and related equipment located on a building site and which is an accessory use designed and used only in relation to the occupancy of the premises. See section 13-103 for location requirements.
(13a) 
Tennis Court–
A detached accessory structure open and unobstructed to the sky designed and constructed with adequate drainage for playing the game of tennis and having a minimum area of seven thousand two hundred (7,200) square feet and minimum dimensions of sixty (60) feet by one hundred twenty (120) feet and enclosed and properly screened on all sides exposed to any street, alley, or lot line by a wall or fence having a minimum height of ten (10) feet. No tennis court shall be lighted for play.
(13b) 
Multi-Purpose Game Court (no lighting)–
An all-weather surface designed for use in playing a variety of games including but not limited to basketball, volleyball, tennis with restricted flight balls, and badminton. Game courts may vary in size but will not provide lighting for play at night.
(13c) 
Multi-Purpose Game Court (lighting)–
The installation of lighting to provide for nighttime use of multi-purpose courts. Lighting shall be designed and installed to illuminate the playing surface only.
(14) 
Local Utility Distribution Line–
The customary lines, pipes, poles and wires necessary to provide the Town with municipal services. Local utility lines include the usual water, sewer and gas distribution lines, electrical and telephone lines, either above or below the ground surface when such facilities are owned or franchised by the municipality. Other utility-type facilities such as close [closed] circuit television, are not considered as local utility distribution lines as herein defined.
(15) 
Telephone Line and Exchange,
but not including public business facilities, storage or repair facilities.
(16) 
Town Hall, Municipal Building or Service Center–
The administrative office structure of the municipality along with such meeting rooms, library, museums, service facilities and maintenance center and related facilities which the governing body may deem appropriate to serve the community.
(17) 
Public or Private Utility (Not Listed)–
Any service which in the future may seek to use the streets, alley, open spaces, air or subsurface area of the community, other than those specifically mentioned in paragraph 15 and exemplified by a close [closed] circuit television system.
(18) 
Auto Sales or Repair Garage–
An establishment for the repair and sale of motor vehicles, but excluding the display or offering for sale of vehicles in open unenclosed space and not involving the repair or storage of vehicles or parts outside a building.
(19) 
Gasoline Service Station–
An establishment primarily for the dispensing of motor fuel, oil and minor service to vehicles, but excluding the operation of a garage for the overhaul or major repair of vehicles and excluding the sale of new or used vehicles.
(20) 
Bakery or Candy Shop–
A retail shop for the sale or the making and sale of baked items, candy or similar food items for sale on the premises only and not involving processing, manufacturing or baking on a commercial scale for sale or delivery off the premises.
(21) 
Cafeteria or Restaurant (Without Drive-In Service)–
The customary cafeteria or restaurant where guests are served at tables within a building, but excluding any establishment or operation wherein food is ordered from a vehicle or served to customers in a vehicle.
(22) 
Custom Personal Service–
Establishments offering specific and specialized services to persons or apparel, such as shoe repair shop, tailor, or travel consultant.
(23) 
Florist, Garden Shop, Greenhouse or Plant Sales–
The growing and offering for sale of plant materials and flowers, but only when the display, storage and sale is located within a building.
(24) 
Household Appliance Service and Repair–
Including radio and television, but not involving the use of equipment which generates noise, odor or electrical frequencies so as to interfere with the use and enjoyment of adjacent property and only when all activity, storage, sales or display is housed within a building.
(25) 
Retail Stores and Shops–
Offering all types of consumer goods for sale, but excluding the display and sale of new or used automobiles, heavy machinery, building materials, used appliances, used furniture or salvage materials, and excluding the sale or offering for sale of commodities displayed outside of a building.
(25a) 
Theater–
An indoor establishment charging admission to the general public for the privilege of observing a televised or motion-picture performance. Theater shall include multiple theaters contained in the same building, and operating as a single business.
(26) 
Business Signs–
A panel structure or graphic display placed or arranged for the purpose of directing attention to the occupant, building, service or product existing or offered on the premises on which such sign is located, but excluding poster panels and billboards.
(27) 
Signs, Real Estate–
Temporary signs pertaining to the sale or rental of property not exceeding eight (8) square feet in area and advertising property only for a use for which it is legally zoned.
(28) 
Name plate–
An accessory sign not exceeding seventy-two (72) square inches in exposed surface, which is used only to identify the name and address of the owner or occupant of a premises and which is not illuminated or lighted.
7-300 
PD, PLANNED DEVELOPMENT DISTRICT USES PERMITTED.
7-301 
The Town Council of the Town of Highland Park, Texas, after public hearing and proper notice to all parties affected and after recommendation from the Zoning Commission, may authorize the creation of the following types of planned development districts:
(1) 
Shopping center on tracts of three (3) acres or more.
(2) 
Housing development on tracts of three (3) acres or more or a community unit development.
(3) 
Civic center and community center.
(4) 
Office center.
(5) 
Recreation center.
(6) 
School, public.
(7) 
Church. As part of a planned development district for a church only, the Town Council may approve such use to include the operation of denominational or private schools and day care centers or nurseries, which are defined as follows:
School, denominational or private: A school under the sponsorship of a private agency, corporation, or religious agency having a curriculum generally equivalent to public elementary or secondary schools, and accredited or licensed by the State of Texas or a nationally recognized accreditation agency; but excluding private trade or commercial schools.
Day care center or nursery: A facility where seven (7) or more children under fourteen (14) years of age are left for care, training, education, custody, or supervision during the day or any portion thereof. Such facility shall be operated in a manner as required by Chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by State and federal law. The term “day care center” or “nursery” shall not include overnight lodging, health care, counseling, or rehabilitative services.
7-302 
In establishing a planned development district in accordance with this section, the Town Council shall require a comprehensive site plan of the development. Such site plan shall be approved and filed as part of the ordinance prior to the issuance of any building permit in a planned development district. Such required plan and ordinance shall set forth the requirements for ingress and egress to the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, parking space, height of building, maximum lot coverage, yards and open spaces, screening walls or fences and other development and protective requirements considered necessary to create a reasonable transition to and protection of the adjacent property.
7-303 
Every planned district approved under the provisions of this ordinance shall be considered as an amendment to the ordinance as applicable to the property involved. In approving the planned development district, the Town Council may impose conditions relative to the standard of development and such conditions shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the planned development district and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.
7-400 
FLOOD HAZARD PREFIX TO DISTRICT DESIGNATION. TO PROVIDE FOR THE APPROPRIATE USE OF LAND WHICH HAS A HISTORY OF INUNDATION OR IS DETERMINED SUBJECT TO A FLOOD HAZARD AND TO PROMOTE THE GENERAL WELFARE AND PROVIDE PROTECTION FROM FLOODING, PORTIONS OF CERTAIN DISTRICTS ARE DESIGNATED WITH A FLOOD HAZARD, FH PREFIX. AREAS DESIGNATED ON THE ZONING DISTRICT MAP BY A FH PREFIX SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS:
7-401 
USES PERMITTED:
The uses permitted in that portion of any district having a flood hazard FH prefix shall be limited to the following:
(1) 
Lawns, gardens, landscaped areas and related private open space not involving buildings.
(2) 
Off-street parking as an accessory use to a primary use.
(3) 
All types of local utilities including those requiring specific use permits when approved as provided in section 11.
(4) 
Public parks, playgrounds and public or private golf courses.
7-402 
No building or structure shall be erected in that portion of any district designated with a Flood Hazard FH prefix until and unless such building or structure has been approved by the Town Council after study and recommendation by the Town Engineer who will ascertain that any such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of flood waters and that such construction would not endanger the value or safety of other property or would not adversely affect the public health, safety and welfare.
7-403 
Any excavation, filling or storage of material within that portion of a district having a Flood Hazard FH prefix shall be reviewed by the Town Council after a study and report by the Town Engineer and approval obtained before any such operation is begun.
7-404 
An area may be removed from the Flood Hazard FH prefix designation when by the provision of approved drainage works or as the result of specific drainage study it is determined by the Town Council, after report and recommendation by the Town Engineer, that the flood hazard has been alleviated. Removal of the Flood Hazard FH prefix from any parcel of land may be accomplished by the Town Council as an amendment to the zoning district map after review, public hearing and recommendation by the Zoning Commission.
7-405 
The fact that land is or is not within a district having a Flood Hazard FH prefix shall not be interpreted as assurance that such land is or is not subject to periodic flooding due to local conditions.
(Ordinance 740, secs. 1–6, adopted 5/4/70; Ordinance 847, sec. 1, adopted 3/1/76; Ordinance 884, secs. 2, 3, adopted 2/6/78; Ordinance 937, sec. 1, adopted 8-25-80; Ordinance 960, secs. 1, 2, adopted 9/8/81; Ordinance 965, sec. 1, adopted 12/7/81; Ordinance 972, sec. 2, adopted 12/28/81; Ordinance 1008, sec. 1(1), adopted 9/6/83; Ordinance 1246, secs. 1, 2, adopted 4/5/93; Ordinance 1258, secs. 1, 2, adopted 7/12/93; Ordinance 1422, sec. I, adopted 11/1/99; Ordinance 1631, sec. 1, adopted 8/22/05; Ordinance 1873, sec. 2, adopted 10/24/11)