(a)

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

SCHEDULE OF USES—TABLE 1

Accessory and Incidental Uses

*The number in this column references the description/definition listed in section 42-703.

(1) See section 42-781 for additional regulations.

+ See section 42-220.

++ See section 42-1119(d) for special regulations.  

Residential Uses

*The number in this column references the description/definition listed in section 42-697.

(1) See article V, division 6 of this chapter for additional regulations.

(2) See article V, division 7 of this chapter for additional regulations.

(3) See article V, division 5 of this chapter for additional regulations.

+ See section 42-220(1).

++ See section 42-425(1).

+++ See sections 42-401(1) and (2), and 42-404.

++++ See sections 42-402(1) and (2).  

SCHEDULE OF USES—TABLE 2A

Educational, Institutional, and Special Uses

*The number in this column references a description/definition listed in section 42-698.

(1) See article V, division 2 of this chapter for additional regulations.

(2) A family home may not be located within one-half mile of an existing family home.  

SCHEDULE OF USES—TABLE 2B Educational, Institutional, and Special Uses (cont.)

*The number in this column references a description/definition listed in section 42-698(2).

(1) See article V, division 2, of this chapter for additional regulations.  

SCHEDULE OF USES—TABLE 3

Transportation, Utility, and Communications Uses

*The number in this column references a description/definition listed in section 42-699.

(1) Excluding office buildings, garages, shops, railroad yards, loading yard, and warehouse.

(2) See article V, division 4 of this chapter.

+ See section 42-220(2).

++ See section 42-463(1).  

SCHEDULE OF USES—TABLE 4

Automobile and Related Service Uses

*The number in this column references a description/definition listed in section 42-700,

+ See section 42-462(2) and (3),  

SCHEDULE OF USES—TABLE 5A

Office, Retail, Commercial, and Service Type Uses

*The number in this column references a description/definition listed in section 42-701.

+ See section 42-462(1).

+ + See section 42-462(2).  

SCHEDULE OF USES—TABLE 5B Office, Retail, Commercial, and Service Type Uses (cont.)

*The number in this column references a description/definition listed in section 42-701 and 42-1015.  

SCHEDULE OF USES—TABLE 5C

Office, Retail, Commercial, and Service Type Uses (cont.)

*The number in this column references a description/definition listed in section 23.5.  

SCHEDULE OF USES—TABLE 6A

Manufacturing, Storage, and Warehousing Uses

*The number in this column references a description/definition listed in section 42-702.  

SCHEDULE OF USES—TABLE 6B

Manufacturing, Storage, and Warehousing Uses (cont.)

*The number in this column references a description/definition listed in section 42-702.  

SCHEDULE OF USES—TABLE 6C

Manufacturing, Storage, and Warehousing Uses (cont.)

*The first number in this column references a description/definition listed in section 42-702.

+ See section 42-518(1).  

SCHEDULE OF USES—TABLE 6D

Manufacturing, Storage, and Warehousing Uses (cont.)

*The number in this column references a description/definition listed in section 42-702.  

LEGEND FOR INTERPRETING SCHEDULE OF USES

(b)

The numbers in the "note" column refer to description/definitions listed in division 3 of this article. Additional regulations relating to use of land and buildings in individual zoning districts are listed in article III, divisions 2 through 15 of this chapter, and article VIII of this chapter.

(Ord. of 1-10-2006, § 22; Ord. No. 07-06, § 2, 6-26-2007; Ord. No. 19-03, § 7, 3-12-2019; Ord. No. 22-05, § 2, 5-10-2022)

The description and definition of residential uses are as follows:

(1)

Boardinghouse or roominghouse. 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.

(2)

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

(3)

Duplex. See two-family dwelling, subsection (19) of this section.

(4)

Garden (patio) home. A freestanding, detached structure used for residential purposes, built in accordance with standards set out in article V, division 6 of this chapter.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

Motel, 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.

(11)

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.

(12)

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

(13)

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:

a.

Cafeteria and/or dining room.

b.

Library.

c.

Game room.

d.

Swimming pool and/or Jacuzzi.

e.

Exercise room.

f.

Arts and crafts facilities.

g.

Greenhouse.

h.

Housekeeping service.

i.

Transportation service.

j.

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

k.

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.

l.

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.

(14)

Servant's, caretaker's, or guard's 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 actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed 600 square feet.

(15)

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.

(16)

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

(17)

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.

(18)

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

(19)

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.

(20)

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.

(Ord. of 1-10-2006, § 23.1)

The following are educational, institutional, and special uses:

(1)

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).

(2)

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

(3)

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.

(4)

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

(5)

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 nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.

(6)

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.

(7)

Continuing care facility. A place as defined in the Texas 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, such 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 Personal care home.)

(8)

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.

(9)

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

(10)

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

(11)

Family home. A community-based residential home operated by either the state, a nonprofit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the mentally impaired or 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:

a.

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

b.

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

c.

All applicable licensing requirements must be met.

(12)

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.

(13)

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

(14)

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

(15)

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 related storage of equipment for landscape contracting.

(16)

Greenhouse, noncommercial. 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.

(17)

Hospital (chronic and acute care); long-term health care facility. 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.

(18)

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

(19)

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.

(20)

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.

(21)

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.

(22)

Nursery school; 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.

(23)

Nursing home. See rest home or nursing home.

(24)

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.

(25)

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.

(26)

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 such 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.)

(27)

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

(28)

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).

(29)

Rehabilitation care facility. 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.

(30)

Rehabilitation care institution. 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.

(31)

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.

(32)

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.

(33)

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.

(34)

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.

(35)

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 bam, auction or similar trading activity.

(36)

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.

(37)

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.

(38)

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

(Ord. of 1-10-2006, § 23.2)

The following are transportation, utility and communications uses:

(1)

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.

(2)

Electrical substation. A subsidiary station in which electric current is transformed.

(3)

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

(4)

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

(5)

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.

(6)

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.

(7)

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

(8)

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

(9)

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.

(10)

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

(11)

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.

(12)

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.

(13)

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

(Ord. of 1-10-2006, § 23.3)

The following are automobile and related service uses:

(1)

Auto laundry. See Car wash.

(2)

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

(3)

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

(4)

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.

(5)

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.

(6)

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 said inspection; normal servicing of air conditioning systems, and other similar minor services for light load vehicles, but not including any operation named under Automobile repair, major, or any other similar use.

(7)

Automobile and trailer sales, new. Buildings and associated open areas 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.

(8)

Automobile and trailer sales, used. Buildings and associated open areas 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 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.

(9)

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-premises motor vehicle trade, provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator springs, or axles; steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles which are inoperative or are being repaired to remain outside such service station for a period greater than seven days.

(10)

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

(11)

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.

(12)

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

(13)

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

(14)

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

(15)

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

(16)

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.

(17)

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.

(18)

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.

(19)

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

(20)

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.

(21)

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

(Ord. of 1-10-2006, § 23.4)

The following are retail and service type uses:

(1)

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 Texas Air Conditioning and Refrigeration Contractor License Law, V.T.C.A., Occupations Code § 1302.001 et seq.

(2)

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.

(3)

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-kart tracks and carnivals.

(4)

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.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Barber shop. A place where barbering, as defined in V.T.C.A., Occupations Code § 1601.001 et seq., is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

(10)

Barber school or college. A place of training for practice of barbering, as defined in V.T.C.A., Occupations Code § 1601.001 et seq., meeting standards established in V.T.C.A., Occupations Code § 1601.001 et seq.

(11)

Beauty culture school; cosmetology specialty shop. A specialized place of training, as defined in V.T.C.A., Occupations Code § 1602.001 et seq.

(12)

Beauty shop. A place where cosmetology, as defined in V.T.C.A., Occupations Code § 1602.001 et seq., is practiced.

(13)

Building materials, hardware sales. 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.

(14)

Business service. 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.

(15)

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

(16)

Cleaning and dyeing, small plant or shop. A custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. (Also see Cleaning and dyeing; dry cleaning plant,section 42-702(2)).

(17)

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.

(18)

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.

(19)

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

(20)

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.

(21)

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

(22)

Flea 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 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.

(23)

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

(24)

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

(25)

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.

(26)

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 such displays shall be located behind the front yard line established in the district in which the garden center is located.

(27)

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.

(28)

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.

(29)

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

(30)

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.

(31)

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 V.T.C.A., Occupations Code § 1956.001 et seq. (Also see Junk or salvage yard, section 42-702(6).)

(32)

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 V.T.C.A., Occupations Code § 1956.051 et seq.

(33)

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.

(34)

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.

(35)

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.

(36)

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

(37)

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

(38)

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.

(39)

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.)

(40)

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.

(41)

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.

(42)

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

(43)

Print shop. 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.

(44)

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.

(45)

Retail stores and shops. 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.

(46)

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

(47)

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

(48)

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.

(49)

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.

(50)

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 such facilities as dwellings either on a temporary or permanent basis.

(51)

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

(52)

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 Laundry and cleaning, self-service.)

(Ord. of 1-10-2006, § 23.5)

The following are manufacturing, storage and warehouse uses:

(1)

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

(2)

Cleaning and dyeing, dry cleaning plant. An industrial facility where fabrics are cleaned and substantially nonaqueous organic solvents. (Also see Cleaning and dyeing, small plant or shop, section 42-701(16)).

(3)

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

(4)

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. Such operations must meet the performance standards, bulk controls, and other requirements in this chapter.

(5)

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.

(6)

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. The term "junk yard" includes an automobile wrecking yard and automobile parts yard. The term "junk yard" does not include such uses conducted entirely within an enclosed building. (Also see Metal dealer, secondhand,section 42-701(31).)

(7)

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

(8)

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.

(9

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.

(10)

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.

(Ord. of 1-10-2006, § 23.6)

The following are accessory uses:

(1)

Accessory building or use. An accessory building or use is one which:

a.

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

b.

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

c.

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

d.

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

(2)

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.

(3)

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 42-781.)

(4)

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 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 subsection (3) of this section.)

(5)

Customary 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:

a.

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

b.

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

c.

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

d.

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.

e.

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

f.

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.

g.

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.

h.

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

i.

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

(6)

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.

(Ord. of 1-10-2006, § 23.7)