This chapter shall be known and may be cited as "The City of Keene Zoning Ordinance".

(Ord. 2009-378A, 2-23-2009)

Zoning regulations and districts are herein established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the city. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; and to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. 2009-378A, 2-23-2009)

(a)

Zoning districts identified. The city is hereby divided into zoning districts as listed in the section.

(b)

Description and purpose of zoning districts.

(1)

A Agricultural District. This district provides for the continuance of farming, ranching and gardening activities on land being utilized for these purposes. When land in an agricultural district is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the comprehensive plan. See sections 157.050—157.053 for A—Agricultural District regulations.

(2)

SF-E Single-Family Residential District-Estate. The SF-E district provides for residential development on large lots. Density in this district will usually be no greater than one unit per gross acre. See sections 157.065—157.069 for SF-E—Single-Family Residential District—Estate regulations.

(3)

SF-1 Single-Family Residential District-1. Density in this district not to exceed 2.3 units per gross acre. See sections 157.080—157.084 for SF-1—Single-Family Residential District regulations.

(4)

SF-2 Single-Family Residential District-2. Density in this district not to exceed 2.8 units per gross acre. See sections 157.095—157.099 for SF-2—Single-Family Residential District regulations.

(5)

SF-3 Single-Family Residential District-3. Density in this district not to exceed 4.25 units per gross acre. See sections 157.110—157.114 for SF-3—Single-Family Residential District regulations.

(6)

TF Two-Family Residential (Duplex) District. The TF district provides for stable, quality residential development, including duplex, garden (patio) home and similar residential development with densities ranging from four to 12 units per gross acre. See sections 157.125—157.129 for TF—Two-Family Residential (Duplex) District regulations.

(7)

MH-1 Manufactured Home/Industrialized Housing District. The MH-1 district provides an area for the placement of HUD Code manufactured home and modular home units in subdivisions in which most lots and housing units are owner-occupied. Densities in this district will be comparable to that of the SF-2 District. See sections 157.140—157.145 for MH-1—Manufactured Home/Industrialized Housing District regulations. Manufactured homes and industrialized housing are considered to be manufactured or modular homes.

(8)

MH-2 Manufactured Home/Industrialized Park District. The MH-2 district establishes a category in which manufactured home park development can occur. See sections 157.160—157.165 for MH-2—Manufactured Home Park District regulations.

(9)

MH-3 Industrial Housing/ Manufactured Home in Other Districts. See sections 157.180—157.185 for requirements and regulations.

(10)

MF Multi-Family District. The MF district permits multi-family developments of maximum densities of 15 units per acre, except under special mitigation conditions. See sections 157.200 through —157.207 for MF—Multi-Family Dwelling District regulations.

(11)

C-1 Commercial District—Office, Light Retail and Neighborhood Services. Retail and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See sections 157.220—157.225 for C-1 Commercial District—Office, Light Retail and Neighborhood Services regulations.

(12)

C-2 Commercial District—Office and Light Retail. Retail, commercial and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-2 development and the needs of the overall community. See sections 157.240—157.245 for C-2 Commercial District—Office and Light Retail regulations.

(13)

C-3 Commercial District—General Commercial and Light Manufacturing. Uses which require considerable space for display, sales or open storage, indoor manufacturing or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District. See sections 157.265—157.269 for C-2—General Commercial District regulations.

(14)

Manufacturing/Industrial District. The Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the other commercial districts and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See sections 157.280—157.284 for M-1—Manufacturing/Industrial District regulations.

(15)

Recreational Vehicle District. See City Ords. 1998-131, 2000-163 and 2000-168.

(16)

PD Planned Development District. The Planned Development District provides a zoning category for the planning and development of larger tracts of land or tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect to the protection of surrounding property. See sections 157.295—157.300 for PD—Planned Development District regulations.

(17)

FP Floodplain District. Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a subdistrict. Areas designated FP may be used only for those uses listed in the provisions of sections 157.315—157.317 until a use in any area or any portion thereof located in the FP subdistrict has been approved by the City Council. Approval shall only be given after engineering studies determine that the area or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that the construction is not contrary to the public interest.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-429, 9-22-2011; Ord. 2012-443, 5-3-2012)

(a)

Zoning district boundaries delineated on zoning district map. The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the city, the map being hereby adopted as part of this chapter as fully as if the same were set forth herein in detail.

(b)

Regulations for maintaining zoning district map. Two original, official and identical copies of the Zoning District Map are hereby adopted bearing the signature of the Mayor and attestation of the City Secretary and shall be filed and maintained as follows:

(1)

One copy shall be filed with the City Secretary, to be retained as the original record and shall not be changed in any manner;

(2)

One copy shall be filed with the Building Official and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the zoning ordinance. A written record (logbook) shall be kept by the Building Official of all changes made to the Zoning District Map; and

(3)

Reproductions of the official Zoning District Map may be made for information purposes.

(Ord. 2009-378A, 2-23-2009)

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply.

(1)

Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the centerline of the street, highway or alley.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following the lines.

(3)

Boundaries indicted as approximately following city limits shall be construed as following city limits.

(4)

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(5)

Boundaries indicated as parallel to or extensions of features indicated herein shall be so construed. Distances not specifically indicated on the original zoning map shall be determined by the graphic scale on the map.

(6)

Whenever a street, alley or other public way is vacated by official action of the City Council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of the street, alley or other public way shall be automatically extended to the centerline of the vacated street, alley or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(7)

Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and the question cannot be resolved by the application of this section, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A—Agricultural District, temporarily. In an area determined to be temporarily classified as A—Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale to be done, nor shall any use be located therein or on the land which is not permitted in an A—Agricultural District, unless and until the territory has been zoned to permit the use by the City Council. It shall be the duty of the City Council to determine a permanent zoning for the area as soon as practicable.

(Ord. 2009-378A, 2-23-2009)

(a)

Residential users.

Boarding or rooming house. 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. 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 rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one 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-family dwelling.

Garden (patio) home. A free-standing, detached structure used for residential purposes, built in accordance with standards set out in section 157.349.

Guest house. 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, the quarters having kitchen facilities and not rented or otherwise used as a separate dwelling.

Manufactured home park. Any tract of land under single ownership of not less than one 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. A tract of land of not less than two acres which has been platted as a lot 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. A structure, constructed on or after 6-15-1976, according to the rules of the U.S. 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 chapter to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing, unless otherwise specified.

Mobile home. A structure constructed before 6-15-1976, 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, hotel, motor hotel or motor lodge. 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 or persons in charge at all hours. A motel, motor hotel or motor lodge may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.

Multiple-family residence. 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. 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, club house and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units, as defined in this chapter.

Retirement housing. 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/barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units; and

(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. 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 or her actual working time, and not otherwise used or designed as a separate place of abode; provided, the living area of the quarters shall not exceed 600 square feet.

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

Townhouse or row dwelling. 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. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

Travel trailer park. Any tract of land under single ownership, two acres or more, where accommodations are provided for travel trailer use. (Refer to applicable Building Codes and ordinances.)

Two-family dwelling. 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.

Zero lot line house. 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.

(b)

Educational, institutional and special uses.

Airport, landing field. 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.

Athletic field. An area for team oriented, recreational uses, associated with either public or private schools or civic organizations.

Cemetery or mausoleum. An area, either public or private, set apart for or containing graves, tombs or funeral urns; a burial place for the bodies or remains of many individuals, including those of a single family, sometimes in the form of a small building.

Child care center. 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 day care center shall 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. A building for regular assembly for religious worship which is used primarily for that purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers or directors on the premises.

Civic center. 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 or university. An institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

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

Community center, private. A building or buildings 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.

Continuing care facility. A place as defined in the State Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board 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, the individual or individuals 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 and personal care home.)

Country club (private). 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 private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

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

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

Family home. A community-based residential home operated by either the state, a non-profit 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 disabled. 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. An area of five acres or more which is used for 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. 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, noise or vibrations or be otherwise detrimental to the public welfare.

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

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

Golf driving range. An area of at least three acres used to practice driving, putting and learning the techniques of the game of golf.

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

Greenhouse, non-commercial. 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.

Health club or gymnasium. A building or room, either public or private, designed and equipped for indoor sports, the primary purpose of which is to provide exercise facilities for a membership of many individuals.

Hospital (acute care). Same definition as hospital (chronic long-term care).

Hospital (chronic long-term care). 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 institution. 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 personal care home and continuing care facility.)

Kennel. 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. 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 or art gallery. 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 and kindergarten. 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.

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

Park, playground or recreation center (private). 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.

Personal care home (custodial care). 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 the care. Custodial care is that of 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.)

Prison/jail. A place of incarceration (except police station).

Race track. A facility used for the racing of vehicles and/or animals.

Registered family home. 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. 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.

Rehabilitation care facility and/or half-way house. 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.

Rest home or nursing home. 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.

Rodeo arena and grounds. An indoor or outdoor area where rodeo performances are conducted by either public or private institutions and/or organizations.

School, private (primary or secondary). 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). 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, but not including specialty schools such as dancing, music, beauty, mechanical, trade or commercial schools.

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

Shooting range, target range, outdoor. A facility which is designed to safely allow the discharge of firearms at targets for practice.

Stable, commercial. 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. An accessory building set back from adjacent property lines 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.

Stadium or play field, public. 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. Swimming pool with accessory facilities, parts of the facilities are available to the general public for a fee.

Swimming pool, private. A swimming pool with accessory facilities which are available only to private members.

Veterinarian clinic (no outside pens). a place, as in connection with an animal treatment center or hospital, for the treatment of animals, in conjunction with a person who practices veterinary medicine or surgery.

(c)

Transportation, utility and communications uses.

Airport, landing field. 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. A subsidiary station in which electric current is transformed.

Electrical transmission line. An elevated or below grade line through which electric current is transmitted.

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

Gas transmission line. An above or below grade line though which natural gas is transmitted.

Heliport or helistop. A landing facility for rotary wind aircraft which may include fueling or servicing facilities for the craft.

Landfill. An area where refuse and garbage are deposited.

Liquefied petroleum gas (LPG) storage and sales. A facility where LPG is stored and soled to retail customers.

Local utility distribution lines. Lines which convey either water, electricity or natural gas of a similar commodity to customers.

Public or private franchised utility. A utility that is franchised by the city.

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

Radio, television or microwave communications operators, amateur. 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 tower, amateur. A tower, not owned and/or operated by a commercial business, through which radio, TV and/or microwave transmissions are made.

Radio, TV or microwave tower, commercial. A tower, owned and/or operated by a commercial business, through which radio, TV and/or microwave transmissions are made.

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

Railroad team track and right-of-way. A facility/place for the loading and unloading of materials on trains.

Railroad track and right-of-way. Includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards or maintenance areas.

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

Sewage pumping station. A facility designed and used for the treatment of raw sewage.

Sewage treatment plant. A facility designed and used for the treatment of raw sewage.

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

Solid waste transfer station. 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. A switching or transmitting station owned by a public utility, but not including business offices, storage or repair shops or yards.

Telephone exchange building. A building that contains equipment used by a telephone company for telephone network operations.

Transit station or turnaround. A site used for accessing a transit system or where transit vehicles are routed.

Water pumping station or well. A site used for pumping water through a water system or a site that contains a water well.

Water storage, elevated. A site where an elevated water storage facility is located.

Water storage, ground. A site where a ground water facility is located.

Water treatment plant. A site where either well or surface water is treated for human consumption.

(d)

Automobile and related service uses.

Auto laundry. See car wash.

Auto leasing. Storage and leasing of automobiles, motorcycles and light load vehicles.

Auto paint and body shop. A site where vehicles are repairs and/or painted.

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

Auto parts sales (outside). 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. The storage on a lot or tract of operable automobiles for the purpose of holding the vehicles for sale, distribution or storage.

Automobile repair, major. 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. 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 the 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. Building(s) 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. Building(s) 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. 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-premise 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 the service station for a period greater than seven days.

Automobile wrecking yard of junk yard. 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. Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

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

Motorcycle sales and service. A site where motorcycles are sold and/or repaired or serviced.

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

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

Quick oil change facility. 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 tune-up facility. 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.

Tire dealer (no outside storage). A building where tires are sold and/or mounted on vehicles.

Tire dealer (with outside storage). A building or site where tires are sold and/or mounted on vehicles.

Tire retreading and recapping. A site where new treads or applied to used tires.

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

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

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

Truck sales. Building(s) 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.

(e)

Office, retail and service type uses.

Air conditioning and refrigeration contractor. 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 State Air Conditioning and Refrigeration Contractor License Law.

Amusement, commercial (indoor). 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). 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. 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. An establishment in which there are located six or more coin-operated skill or pleasure machines.

Arts and crafts store (inside sales). A building where arts and crafts are made and art material is sold.

Arts and crafts store (outdoor sales limited). A site where arts and crafts are made and art material is sold with some outside displays.

Bakery and confectionery, commercial. A place for preparing, cooking or baking of products primarily intended for off-premise distribution.

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

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

Barber shop. A place where barbering, as defined in Texas Occupations Code Chs. 1601 and 1603, is practiced, offered or attempted to be practiced, except when the place is duly licensed as a barber school or college.

Barber school or college. A place of training for practice of barbering, as defined in Texas Occupations Code Ch. 1601 and 1603.

Beauty culture school or cosmetology specialty shop. A specialized place of training, as defined in Texas Occupations Code Ch. 1602.

Beauty shop. A place where cosmetology, as defined in Texas Occupations Code Ch. 1602, is practiced.

Boat sales. A site where boats and related equipment are sold and boat service and repair is provided.

Building materials, hardware sales (inside storage). 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.

Building materials, hardware sales (outside storage). 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 services. 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.

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

Clinic, medical or dental. 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.

Club, private. A building where a club with a non-public membership conducts its operations and the sale of alcoholic beverages.

Convenience store. 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/beauty shop, health studio or travel consultant.

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

Drapery, needlework or weaving shop. An establishment selling material, supplies and products involving draperies and curtains, needlework or weaving.

Engine and motor repair. An establishment where engines and motors are repaired.

Farm equipment sales and service. An establishment were farm and ranch related equipment is sold and service and/or repairs are provided.

Feed and farm supply store (inside sales and storage). A building where food stuffs for animals and implements and goods related to agricultural processes, but not including farm machinery is sold.

Feed and farm supply store (outside sales and storage). 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/farmers/crafts market. 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, farm raised produce, personal effects, tools, art work, small household appliances and similar merchandise, objects or equipment in small quantities. The term flea market shall not be 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. An establishment displaying and selling plants, flowers, floral supplies and similar items.

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

Furniture, appliance store. 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). Location including land and buildings at which plants, trees, shrubs, horticultural supplies and similar items are displayed for sale to the general public. All displays shall be located behind the front yard line established in the district in which the garden center is located.

General merchandise store. 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.

Gymnastic or dance studio. An indoor establishment where gymnastics and/or dance lessons are provided.

Handcraft shop. See arts and crafts store or flea/farmers/crafts market.

Heavy machinery sales. An establishment where heavy equipment is sold and serviced.

Household appliance service and repair. 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 rangers, kitchen appliances, vacuum cleaners and hair dryers.

Laboratory, medical or dental. Facilities for medical or dental research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment.

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

Laundry and cleaning, commercial. A retail establishment where clothing is cleaned.

Laundry and cleaning, self-service. 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.

Light wood and upholstering shop. An establishment used for the production, display and sale of furniture or cabinets and soft coverings for furniture (5,000 square feet or less).

Medical supplies sales and services. The sale, rental, or servicing of durable medical equipment and supplies.

Metal dealer, secondhand. 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 Texas Occupations Code Ch. 1956. (Also see junk or salvage yard.)

Metal dealer, crafted precious. 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 Texas Occupations Code Ch. 1956.

Miscellaneous retail stores. A place of business which sells goods for retail to the general public.

Mortuary or funeral home. An establishment with facilities for the preparation of the dead, for burial or cremation, for the viewing of the body and for funerals.

Office center. 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. 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 association, but excluding medical offices.

Office showroom/warehouse. 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. An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).

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

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

Petroleum products, sales (wholesale). Definition to be determined.

Pharmacy. An establishment that practices the art and science of preparing and dispensing drugs and medicines.

Plumbing, heating, refrigeration or air-conditioning business. 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. 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. 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. Local branch of the U.S. Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

Print shop, commercial. 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. 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 other than listed. 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.

Second hand store, furniture or clothing. An establishment offering for sale used merchandise, with the storage and display of the items wholly contained inside a building or structure. (Refer to codes.)

Service, retail. 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 the goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.

Shopping center. 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.

Studio (photographer, musician, artist). The workroom or atelier of an artist, as a painter or sculptor. A room or place for instruction or experimentation in one of the performing arts.

Studio for radio and television. A room or set of rooms specially equipped for broadcasting radio or television programs, making phonograph records, filming motion pictures, etc.

Theater (indoor). An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater (outdoor). An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.

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

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

Travel center convenience store. A retail establishment in a building larger than 2,500 square feet providing for the sale of food items, non-prescription drugs, small household items and gifts, gasoline and diesel fuel, parking and other services for trucks (heavy load vehicles) and other motor vehicles, usually near a highway. The facilities at the store may include temporary parking spaces for trucks and other motor vehicles, but no overnight parking is allowed.

Washateria. 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 also laundry and cleaning, self-service.)

(f)

Manufacturing, storage and warehousing uses.

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

Cleaning and dyeing, dry cleaning plant. An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents. (Also see cleaning and dyeing, small plant or shop.)

Concrete, asphalt batching plant (temp). Definition to be determined.

Creosote treatment. Definition to be determined.

Dairy products processing, manufacturing. Definition to be determined.

Drugs or pharmaceutical products manufacture. Definition to be determined.

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

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

Glue or gelatin manufacture. Definition to be determined.

Industrial park. 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. 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. A junk yard includes an automobile wrecking yard and automobile parts yard. A junk yard does not include such uses conducted entirely within an enclosed building. (Also see metal dealer, secondhand.)

Light manufacturing. Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly and packaging of the products, and incidental storage, sales and distribution of the products, but excluding basic industrial processing.

Self-storage, mini-warehouse. 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. 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. A building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

(g)

Accessory and incidental uses.

Accessory building to main use. 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.

Boat, boat trailer. A marine vessel used to travel upon water surfaces; boat trailer is used to transport a boat over land surfaces.

Billboard, advertising. A sign structure used to present a message to the public and/or advertise an economic, social, civic, governmental or related activity.

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

Cattle trailer. A wheeled, non-motorized vehicle designed to be pulled by a motorized vehicle, for the transportation of livestock.

Construction yard (temporary). 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 157.346.)

Field or sales office (temporary). A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes, for a sales office for outside sales, 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).)

Home occupation. 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)

Residential dwelling. A detached building designed, used and occupied exclusively by members of one family as a residence.

(2)

The 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 the 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; the 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 the 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. Storage buildings shall be permitted as allowed elsewhere in this chapter.

(8)

The only equipment to be used in the 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 additional traffic as to create a traffic hazard or disturbance to nearby residents.

Garage, private. 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.

Motor home/travel trailer. A trailer or motorized travel home designed to be pulled or driven on the public roadways. Intended as a temporary residence only at multiple locations. (Refer to applicable Building Codes and ordinances.)

Trailer. A wheeled, non-motorized vehicle designed to be pulled by a motorized vehicle, for the transportation of goods and material, excluding livestock.

(h)

General definitions.

(1)

The following rules of construction shall apply to the interpretation of words used in this chapter:

a.

Words used in the present tense include the future tense;

b.

Words used in the singular number include the plural number;

c.

Words in the plural number include the singular number;

d.

The words "building" and "structure" are synonymous;

e.

The words "lot", "plot" and "tract" are synonymous; and

f.

The word "shall" is mandatory and not discretionary.

(2)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abutting property. Property abutting upon a street shall also be understood as abutting property on the other side of the street.

Accessory use or building. A use or building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises.

Adjacent. "Next to" or "closest to", but shall not necessarily mean "touching".

Alley. A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Antenna/microwave reflector. An apparatus constructed of solid, mesh or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay.

Antenna, radio or television. The arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.

Apartment. A room or suite of rooms in a multi-family dwelling or apartment house designed or occupied as a place of residence by a single family, individual or group of individuals.

Apartment house. Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.

Area of the lot or building site. The area shall be the net area of the lot or site and shall not include portions of streets and alleys.

Basement. A building story which is partly underground, but having a least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

Block. An area enclosed by streets and occupied by or intended for buildings; where this word is used a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect the street on the side.

Board of adjustment. The Zoning Board of Adjustment of the city.

Buildable width. The width of the building site left to be built upon after the required side yards are provided.

Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, detached. A building surrounded by yard or open space on the same building lot.

Building ends. Those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building space regulations for multiple-family dwelling, the term building end shall mean the narrowest side of a building regardless of whether it front upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of. The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building inspector. The Building Official or person charged with the enforcement of the zoning and Building Codes of the city.

Building line. A line parallel or approximately parallel to the street line at a specified distance there from constituting the minimum distance from the street line that a building may be erected.

Building lot. A single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.

Building, main or primary. A building in which is conducted the principal use of the lot on which it is situated.

Building official. The Building Inspector.

Canopy. Any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Cellar. A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy and compliance. An official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.

Contiguous. "Touching" or "in contact".

Court. An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Coverage. The percent of a lot or tract covered by the roof or first floor of a building.

Depth of lot. The mean horizontal distance between the front and rear lot lines.

Depth of rear yard. The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line, except as modified in the text of any section in this chapter.

District. A section of the city for which the regulations governing the area, height or use of the land and buildings are uniform.

Duplex. A building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Dwelling unit. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple family dwellings, except for buildings designed and used as hotels, boarding houses, rooming houses and motels.

Family. An individual or group of two or more persons related by blood, marriage, adoption or guardianship, including foster children, exchange students and servants together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a family home for the disabled, as defined by the Community Homes for Disabled Persons Location Act, Texas Human Resources Code Ch. 123, as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

Floodplain. An area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the city. The term floodplain is interchangeable with the term flood hazard area.

Floor area. The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports, garages or porches.

Floor area ratio. The ratio of total building floor area to lot area.

Front yard. See yard, front.

Garage sale. The sale of items normally accumulated by a household subject to compliance with each of the following conditions: no more than four garage sales shall be allowed for the same location in any 12-month period. The duration of the garage sale shall not exceed three consecutive days.

Gross floor area. The gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level.

Heavy load vehicle (HLV). A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans and other similar vehicles. The term truck shall be construed to mean heavy load vehicle unless specifically stated otherwise.

Height.

a.

The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

1.

The highest point of the roofs surface if a flat surface;

2.

To the deck line of mansard roofs; or

3.

To the mean height level between eaves and edge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet.

b.

If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Industrialized housing. 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 shall not mean or apply to:

a.

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

b.

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.

Landscape screen. Plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Light load vehicles (LLV). A self-propelled vehicle having a manufacturer's recommended gross vehicle weight not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

Living unit. The room or rooms occupied by a family and which includes cooking facilities.

Lot. An undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with the yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

Lot, corner. A lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector.

Lot coverage. The percentage of the total area of a lot occupied by the base (first story of floor) of a building located on the lot or the area determined as the maximum cross-sectional area of the building.

Lot line, front. The boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear. The boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

Lot line, side. The boundary of a building lot which is not a front lot line or a rear lot line.

Lot lines. The line bounding a lot, as defined herein.

Lot of record. A lot which is part of a subdivision, a plat of which has been recorded in the office of the County Clerk; or a parcel of land the deed for which is recorded in the office of the County Clerk prior to the adoption of this chapter.

Lot or building site. Land occupied or to be occupied by a building and its accessory building, and including open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

Lot width. The width of a lot at the front building lines.

Main building. The building or buildings on a lot which are occupied by the primary use.

Manufactured home (HUD code) park. Any tract of land, under single ownership, of not less than one 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 (HUD code) subdivision. A tract of land of not less than two acres to be used as a location primarily for owner-occupied HUD Code manufactured homes and which has been final platted of record in its entirety in accordance with Chapter 156 of this code and in accordance with sections 157.345—157.353.

Manufactured modular homes or modular home. A structure or building module, as defined by statute, and under the jurisdiction and control of the State Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

Manufacturing processes. Uses restricted from other zoning districts but permitted in the M-1 and M-2 districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor gas, fumes or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent area.

Mobile home park. See manufactured home (HUD code) park.

Mobile home subdivision. See manufactured home (HUD code) subdivision.

Non-conforming building or use. A building, structure or use of land lawfully occupied at the time of the effective date of this chapter or amendments thereto, and which does not conform to the use regulations of the district in which it is located.

Occupancy. The use or intended use of the land or buildings by proprietors or tenants.

Off-street parking incidental to main use. Off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of the lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space. An area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See section 157.380 for detailed descriptions and regulations.)

Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky, except for the ordinary projections of cornices, eaves, porches and plant material. Also see usable open space.

Open storage. The storage of any equipment, machinery, commodities, raw, semi-finished materials and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Parking space. An all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Planning and Zoning Commission. The duly appointed Planning and Zoning Commission of the city.

Plat. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the Planning and Zoning Commission.

Radio, television and microwave towers. Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding non-commercial antenna installations for home use of radio or television.

Residence. Same as dwelling; when used with district, an area of residential regulations.

Residential district. Any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-E, SF-1, SF-2, MF, MH-1 and MH-2 district classification.

Room. A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Screening device. See landscape screen.

Setback. The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the side street.

Sign. An outdoor advertising device that is a structure, or that is attached to or painted on a building, or that is leaned against a structure for display on premises.

Site plan. A detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

a.

Property lines, location and widths of all streets, alleys and easements;

b.

Proper dimensions on all fundamental features such as lots, buildings, parking spaces and landscaped areas;

c.

The location of setback lines, driveway openings and sidewalks;

d.

All proposed buildings, free-standing sign locations, parking areas and open spaces;

e.

All required landscaping, together with a description of type of material to be used;

f.

A cross section of any required or proposed screening;

g.

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities; and

h.

Name, address and telephone number of the proponent.

Story. The height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street. Any thoroughfare or public driveway, other than an alley, more than 30 feet in width, which has been dedicated or deeded to the public or public use.

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.

Street, local or residential. A street designed to serve properties abutting and in the immediate vicinity of the street, having a minimum right-of-way width of 50 feet in single-family residential districts and 75 feet in all other districts.

Street, major. A street designed to serve the entire community or substantial portions of the community, as well as traffic of non-local origin and destination, having a minimum right-of-way width of 100 feet.

Street, secondary or collector. A street designed to serve an area roughly one-quarter mile distant from each side of the street, having minimum right-of-way width of 75 feet.

Structural alterations. Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structure. Same as building.

Swimming pool (private). A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight feet to any property line.

Tennis court (private). A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances, but excluding lighting for night play in residential areas, except as may be otherwise provided or restricted by the specific use permit.

Thoroughfare. Same as street.

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

Usable open space. An open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. Usable open space shall not include rooftops, accessory buildings, parking areas, driveways, turn-around areas or right-of-way or easement for streets or alleys.

Variance. An adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Wholesale. The sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

Yard. An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front. An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear. An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line.

Yard, side. An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.

Zoning district map. The official certified map upon which the boundaries of the various zoning districts are drawn.

Zoning ordinance. This chapter containing land use regulations for the city.

(Ord. 2009-378A, 2-23-2009; Ord. 2011-423, 6-6-2011; Ord. 2016-535, 9-8-2016; Ord. No. 2023-666, § I, 12-21-2023)

(a)

The City Council shall establish a schedule of fees, charges and expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals and other matters pertaining to this chapter. The schedule shall be posted in the office of the administration official and may be altered or amended only by the City Council.

(b)

No permits, certificates, special exception or variance shall be issued unless and until the costs, charges, fees or expenses have been paid in full, nor shall any action taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.

(c)

The exact charge for the following services will be established by separate ordinance:

(1)

For docketing a zoning petition with the Planning and Zoning Commission of the city; and

(2)

For docketing an application for relief with the Board of Adjustment of the city.

(Ord. 2009-378A, 2-23-2009)

If any section, paragraph, division, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall be severed from and shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so dedicated to be invalid or unconstitutional. To the extent any provision of this chapter conflicts with other ordinances of the city, the terms of this chapter shall control.

(Ord. 2009-378A, 2-23-2009)

This chapter shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement the posting and/or publication.

(Ord. 2009-378A, 2-23-2009)