Highland Village City Zoning Code
IV USE
REGULATIONS
§ 29 Use regulations.
29.1
[Use chart:]
A.
[Generally.]
The use of land and/or buildings shall be in accordance with those listed in the following use charts. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those primary uses and customarily incidental accessory uses specified in the zoning district in which it is located. Accessory uses may be permitted where such uses are customarily incidental to the specific permitted uses within the applicable zoning district (see section 34 for accessory use provisions). The legend for interpreting the permitted uses in the schedule of uses is:
B.
Use chart organization:
1.
Primary residential uses (Use Chart 29.2).
2.
Education, institutional, public, and special uses (Use Chart 29.3).
3.
Office and professional uses (Use Chart 29.4).
4.
Retail and related uses (Use Chart 29.5).
5.
Automobile, transportation, utility, communication and related uses (Use Chart 29.6).
6.
Amusement and commercial uses (Use Chart 29.7).
7.
Light industrial and heavy commercial uses (Use Chart 29.8).
8.
Industrial processing uses (Use Chart 29.9).
C.
Classification of new/unlisted uses:
It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City of Highland Village. 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 in the use charts (section 29) shall be made as follows:
1.
Initiation:
a.
A person, the planning and zoning commission, or city council may propose zoning amendments to regulate new and previously unlisted uses.
b.
A person requesting the addition of a new use shall submit to the city manager or designated administrative official all information necessary for the classification of the use, including but not limited to:
(1)
The nature of the use and whether the use involves dwelling activity, sales, services, or processing;
(2)
The type of product sold or produced under the use;
(3)
Whether the use has enclosed or open storage and the amount and nature of the storage;
(4)
Anticipated employment typically anticipated with the use;
(5)
Transportation requirements;
(6)
The nature and time of occupancy and operation of the premises;
(7)
The off-street parking and loading requirements;
(8)
The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; and
(9)
The requirements for public utilities such as sanitary sewer and water and any special public services that may be required.
2.
The city manager or designated administrative official shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting a decision as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in b. above. An amendment to this ordinance shall be required as prescribed by section 10.
3.
The planning and 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 is most similar and should be permitted.
4.
The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall approve or disapprove the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.
5.
When a new or unlisted use can be interpreted by the city manager or designated administrative official as similar to a use which is listed in the chart, a text revision is not required. If a determination of the appropriate zoning district cannot be readily ascertained, or if the decision of the designated administrative official is disputed, the zoning board of adjustment shall interpret the appropriate district the use in question should be located.
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.2
PRIMARY RESIDENTIAL USES
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.3
EDUCATIONAL INSTITUTIONAL, PUBLIC AND SPECIAL USES
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.4
OFFICE AND PROFESSIONAL USES
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.5
RETAIL AND RELATED USES
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.6
AUTOMOBILE, TRANSPORTATION, UTILITY, COMMUNICATION, AND RELATED USES.
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.7
AMUSEMENT & COMMERCIAL.
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.8
LIGHT INDUSTRIAL & HEAVY COMMERCIAL USES.
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.9
INDUSTRIAL PROCESSING USES.
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
Use Chart City of Highland Village, Texas Zoning Ordinance |
29.10
INCIDENTAL USES.
A.
Authorized Incidental Uses.
The following uses shall be permitted as an incidental use to a primary use notwithstanding that the use is otherwise prohibited or would require approval of a conditional use permit prior to commencement of the use within the described zoning district:
1.
Restaurants located within an office center or an administrative or corporate headquarters located within an "O" Office District;
2.
The application of Permanent Cosmetics or Make-Up only in association with operation of a barber shop, beauty shop, skin care or cosmetics salon, nail salon, or similar business that constitutes the primary use and which is located in an "R" Retail District subject to the following:
a.
The provision of permanent cosmetics or make-up services by a person or entity leasing or otherwise using a space within a salon booth rental business is authorized even if the service is not provided in association with another type of primary use; provided, however, the aggregated gross floor area of all spaces within the salon booth rental business in which permanent cosmetics or make-up services are provided must be less than 15% of the gross floor area of the entire salon booth rental business;
b.
The provision of permanent cosmetics or make-up services is authorized as an incidental use in a barber shop, beauty shop, skin care or cosmetics salon, nail salon, or similar business which is permitted and developed as a primary use in a "PD" Planned Development District;
c.
The provision of permanent cosmetics or make-up services is not authorized as a home occupation; and
d.
Regardless of location, no signs visible from the exterior of a building may advertise or otherwise indicate that the business provides permanent cosmetics or make-up services except as follows:
(1)
In advertising the services, the sign must use no phrase other than "permanent make-up" or "permanent cosmetics"; and
(2)
The phrases in subsection (1), above, must appear on the same sign with words and phrases advertising the name of the business or a description of the primary use of the business in letters no larger than the letters spelling out the name of the business or the description of the primary use of the business.
The application of Permanent Cosmetics or Make-Up as an incidental use in association with a primary use in compliance with this subsection (2) shall not, for purposes of the Comprehensive Zoning Ordinance, as amended, constitute the operation of a Tattoo Studio or Tattoo Parlor. |
3.
Personal service shops or custom personal services within an office center located in an "O" Office District.
4.
Pharmacist or drug stores, in addition to zoning districts in which they are otherwise permitted, may be incidental uses in an office center located in an "O" Office District or in any use defined as a medical facility (not including a massage establishment) located in a zoning district in which the medical facility is permitted by right or has been authorized by conditional use permit, unless the conditional use permit specifically excludes use of the property as a pharmacy or drug store.
B.
Multiple Incidental Uses.
More than one incidental use may be associated with a primary use; provided, however, the total gross floor area of all incidental uses shall be less than 15 percent of the gross floor area of the lot, building, or portion of building occupied by the primary use with which they are associated.
(Ordinance 03-904, sec. 1, adopted 1/28/03; Ordinance 06-1015, sec. 2, adopted 12/12/06; Ordinance 2010-1084 adopted 7/13/10; Ordinance 2013-1138, secs. 2–4, adopted 8/13/13; Ordinance 2014-1172, sec. 1, adopted 9/23/14; Ordinance 2015-1187, sec. 1, adopted 10/27/15; Ordinance 2019-1265, sec. 1, adopted 10/8/19)