For purposes of this chapter, words and phrases have the meanings set forth below.

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Unless otherwise defined herein or the context indicates a different meaning, the words and phrases used in this zoning code shall have their common meaning.

(1)

All words used in the present tense shall include the future.

(2)

All words expressed in the singular number include the plural number and all words expressed in the plural number include the singular number.

(3)

The word "shall" or "will" is mandatory and not discretionary.

(4)

The word "may" is permissive.

(5)

The words "applicant," "developer," "owner," "person," or "individual" shall include corporations, partnerships, associations, and groups acting together as a single entity.

(b)

In the event a word or phrase used in this zoning code is unclear or ambiguous, any interpretation shall be made in a manner that uses reasonable judgment to apply the intent and purpose of the code to the specific situation in question. The director of development services ("director") shall have the authority, upon request of an affected person, to interpret unclear or ambiguous words and phrases, which interpretation may be appealed to the board of adjustment as provided herein.

(Ord. No. 2019-17, § 2, 8-27-2019)

Accessory building or accessory structure means a subordinate building or structure not attached to the main building(s) or structure(s), the use of which is incidental and related to the main use, and which is located on the building lot, including storage buildings, satellite dish antennas, carports, and similar structures. Accessory buildings do not include guest and servant quarters, buildings with more than two plumbing fixtures connected to sanitary sewer, buildings that cover more than 50 percent of any rear yard, or a manufactured home, motor vehicle, trailer, or similar vehicle or structure.

Accessory use means a use that is incidental and subordinate to the principal use or primary use of the land or building(s) located thereon, and located on the same lot therewith.

Adjacent means sharing all, or a part of, a common lot line, property line, or zoning district line.

Agricultural services means a use of land primarily involving the following types of activities:

(1)

The operation of establishments engaged in performing a variety of functions involving crops subsequent to their harvest with the intent of preparing them for market or further manufacture, including, cleaning, shelling, grinding, milling, ginning, packing, curing;

(2)

The operation of establishments engaged in performing services related to the keeping and raising of livestock, including livestock breeding and artificial insemination, stables, and facilities for livestock events and shows, but not including 4-H or school exhibits by individuals conducted in accordance with applicable health regulations;

(3)

"Veterinary services, large animal" or "veterinary services, small animal" as defined herein;

(4)

Kennels or animal shelters with the capacity of keeping 12 or more animals at one time, with either indoor or outdoor pens as permitted herein.

Agricultural structures means barns, stables, silos, water towers, farm workshops, greenhouses, and similar buildings and structures commonly used to support an agricultural use.

Agriculture, general means a use of land primarily involving the operation of farms engaged in the production of cash grains, field crops, vegetables and melons, fruits and tree nuts, ornamental floriculture, viticulture, and the raising of livestock, but excluding large-scale commercial operations such as animal feedlots or dairy processing plants.

Aircraft maintenance means the repair, adjustment or inspection of aircraft. Major repairs include alterations to the airframe, power plant, propeller and accessories. Minor repairs include normal, routine annual inspections with attendant maintenance, repair, calibration, or adjustment or repair of aircraft and their accessories.

Aircraft sales means the sale of new or used aircraft through franchises or licensed dealership or distributorship (either on a retail or wholesale basis) of an aircraft manufacturer or otherwise; and the provision of such repairs, services, and parts as necessary to meet any guarantee or warranty on new or used aircraft sold by it.

Airport means an area of land operating as a public-use, civilian airport with a runway/landing field, generally for small private aircraft of any nature and not having scheduled passenger service or nonscheduled air transport for hire.

Alcoholic beverage sales for off-premises consumption means a business selling beer, wine, and/or liquor to the general public for off-site personal or household consumption and rendering services incidental, to the sale of these goods.

Alley means a public space or right-of-way, not meeting the definition of a public street or roadway, and which affords a secondary means of access to the adjacent property.

Amateur radio antennas (ARA) means an antenna used for transmitting and/or receiving by a licensed or unlicensed amateur radio operator, including the actual tower, support structure, and related equipment, which is subject to other city ordinances, rules, or regulations.

Ambulance service, private means a privately-owned business that provides emergency transportation service to the public, and which may include facilities for the storage and maintenance of vehicles, office space, and sleeping quarters for on-call employees.

Amenity center means a facility within a residential development, which may include a playground, swimming pool, cabana/changing area, tennis or basketball court, clubhouse, or other recreational features, specifically designed and organized to be used for the enjoyment of the residents of the development and their guests, and which is not intended for use by the general public.

Amusement center, indoor means a facility, the primary purpose of which is to offer, for a fee, a variety of indoor amusement activities, including bowling, video games, laser tag, paint ball, karaoke, rock climbing, trampoline play, playground area, billiards/pool, ice skating/roller skating, racquet clubs, firing ranges, and other similar games and activities, with all activities taking place entirely within a building, and which may include areas for spectators, incidental food and beverage service, and party/meeting rooms.

Amusement center, outdoor means a facility and grounds, the primary purpose of which is to offer, for a fee, a variety of outdoor amusement activities, including miniature golf, go-kart racing, paint ball, rock climbing, water slide, amusement park, kayaking, paddle boating, swimming pools, tennis courts, basketball courts, and other similar outdoor activities, and which may also include accommodations for spectators, indoor amusement activities, incidental food and beverage service, and party/meeting rooms.

Antenna. See wireless telecommunications facility.

Antique store means a retail establishment offering decorations, furniture, works of art, or other artifacts of an earlier period for sale.

Apartment means a dwelling unit in a multifamily building, arranged, designed, occupied, or intended to be occupied as a place of residence by a single family.

Appliance store means a business that sells and rents new instruments, equipment, or devices designed for a particular use or function in a home.

Appliance repair/sales, used means a business that specializes in the sale, rental, or repair of used appliances or devices designed for a particular use or function in a home, or the restoration of damaged, broken, or failed appliances to their original intent.

Applicant means the property owner or his or her duly authorized representative or agent, to include a developer or realtor.

Area of lot means the area of a lot, expressed in terms of square feet, within the bounding property lines exclusive of dedicated streets or alleys.

Area regulations means regulations which establish minimum lot area, lot width, and lot depth, as well as front, side, and rear setbacks, and which may include regulations pertaining to lot coverage and density (floor area ratio or residential units per acre).

Art studio/gallery means a place of business for a person specializing in the production of works of art and/or an establishment primarily engaged in the purchase, sale, loan, appraisal, display, or exhibition of original works of art or their limited editions.

Arterial street means a roadway which typically carries high volumes of traffic and provides cross-town connectivity between highways, surrounding communities, and major activity centers (primary arterial) or provides service primarily for local trips of moderate length and enhances connectivity to the principal arterials (secondary arterial), and which is classified as a primary arterial or secondary arterial on the thoroughfare plan.

Artisan's/craftsman's workshop means a place of business for the on-site production and/or repair by hand of custom products for retail sale, including, ceramics, leather goods, candles, jewelry, woodwork, picture frames, metal works, household or office furniture, and clothing or other sewn or knitted products.

Assisted living facility means an establishment possessing a license issued by the state under V.T.C.A., Health and Safety Code ch. 247 (as it may be subsequently amended), including a resident or dwelling, that:

(1)

Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;

(2)

Provides personal care services or administration of medication by a person licensed or otherwise authorized in this state to administer the medication;

(3)

May provide assistance with or supervision of the admiration of medication; and

(4)

May provide skilled nursing services for the following limited purposes:

a.

Coordination of resident care with outside home and community support services agencies and other health care professionals;

b.

Provision or delegation of personal care services and medication administration as described by V.T.C.A., Health and Safety Code ch. 247;

c.

Assessment of residents to determine the care required; and

d.

For periods of time as established by rule of the state department of aging and disability services, delivery of temporary skilled nursing treatment for a minor illness, injury or emergency; or

e.

As defined by V.T.C.A., Health and Safety Code ch. 247, as it may be subsequently amended.

Automobile means a machine or other means of transporting people or goods from place to place, such as a passenger vehicle, van, or pick-up truck, propelled by mechanical power, excluding recreational vehicles, farm machinery, semi-trucks, construction vehicles, and other heavy-duty vehicles.

Automobile dealership, new auto sales means a business primarily engaged in the retail sale or rental of new automobiles and pick-ups, with the sale of used vehicles, the repair and service of both new and used vehicles, and the sale of parts and accessories being secondary uses only. For purposes of this definition, the phrase "new autos/automobiles" includes "program" cars and previously leased vehicles not older than two model years relative to the then current model year for that vehicle.

Automobile dealership, used auto sales means a business primarily engaged in the sale or rental of used automobiles.

Automobile parts stores means a business specializing in the sale of new parts and accessories for automobiles, excluding on-site repair or repair bays.

Automobile rental or leasing means a business engaged in renting or short-term leasing of automobiles for personal or business use, excluding the rental of large vehicles, such as farm equipment, recreational vehicles, semi-trucks, construction vehicles, or other heavy-duty vehicles.

Automobile service and repair, major means a business in which major service and repair functions are performed on automobiles as defined herein, to include the repair and reconditioning of engines, air conditioning systems and transmissions, and the replacement of brake parts, starters, hoses, and alternators, but excluding emergency towing and road service unless permitted as a principal use by the applicable zoning, and the activities of an "automotive body shop."

Automobile service and repair, minor means a business in which minor repair and service functions are performed on motor vehicles as defined herein, to include tire and battery sales and installation, oil/filter/lubricant changes, engine tune-ups, motor vehicle parts and accessory sales, window tinting and pin striping, the installation of stereo or alarm systems, and the performance of state inspections.

Automobile towing/wrecker service means a business that specializes in transporting automobiles from one location to another through the use of another motor vehicle, such as a tow truck, but excluding the storage or impoundment of more than ten vehicles.

Automotive body shop means a business engaged in the enhancement or repair of the frame, aesthetics, or body of an automobile, including painting, upholstery, or straightening.

Automated teller machine (ATM) means a computer or other electronic machine that performs basic banking functions, such as the handling of checks or the issuing of cash withdrawals.

Aviation service and repair means commercial or industrial uses that are related to aviation and require direct access to an airport facility or aviation services, including assembly or sale of aircraft, air frames, aircraft engines, aircraft parts or associated components, radios or navigational equipment, and similar products or services.

Aviation facilities means landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

Bail bonding agency means a business that specializes in the execution of bonds necessary for the release of persons accused of a crime.

Bank or financial institution means an establishment open to the public for the deposit, custody, loan, exchange, or issue of money, the extension of credit, and/or facilitating the transmission of funds, including automated teller machines, but excluding pawnshops, check cashing businesses, payday loan businesses, and car title loan businesses.

Bar or cocktail lounge means an establishment, the principal business of which is the retail sale of any type of alcoholic beverage for on-premises consumption.

Barber or beauty shop means a business that specializes in hairdressing, skin and nail care, therapeutic massage, or the shaving and trimming of facial hair.

Basement means that portion of a building, which is primarily below grade.

Bed and breakfast inn means a facility, located within a nonresidential zoning district, offering short-term lodging for compensation in up to 20 rooms used for lodging, and which may provide meals to those who receive lodging only.

Block, if used as a term for determining distance, means the distance along the side of a street:

(1)

Between two consecutive intersecting streets; or

(2)

If the street is of a dead-end type, between the nearest intersecting street and the end of such dead end street.

If used as a term for determining an area, the land area within the boundary created by the intersection of two consecutive streets immediately adjacent to the land, which land is not crossed by any other street.

Block face means one side of a street between two consecutive intersecting streets. See appendix, figure 1.

Board of adjustment or board. See zoning board of adjustment.

Boarding home facility means an establishment, including a residence or dwelling, that:

(1)

Furnishes in one or more buildings, to persons under separate rental agreements, whether oral or written, lodging to three or more persons unrelated to the owner of the establishment by blood or marriage;

(2)

Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication, but does not provide personal care services as defined by V.T.C.A., Health and Safety Code § 247.002, as it may be subsequently amended, to those persons; and

(3)

Is not a use listed in section 30-12 of this Code of Ordinances.

Boat (marine) dealership means a business primarily engaged in the retail sale or rental of new boats and outboard motors, with the sale, repair, and service of used boats and the sale of parts and accessories being a secondary use only.

Book store means a business that specializes in sale, rental, or procurement of books and related items, such as music, movies, games, and may include a small area for the sale of food and beverage items as an accessory use.

Brewpub means an establishment that holds a state brewpub license that authorizes the holder to manufacture, brew, bottle, can, package and label malt liquor, ale, and beer; sell or offer without charge, on the premises of the brewpub, to ultimate consumers for consumption on or off those premises, malt liquor, ale or beer produced by the holder in or from a lawful container, to the extent the sales or offers are allowed under the holder's other permits or licenses; shall be held with permit or license authorizing on-premise consumption. Total production cannot exceed 10,000 barrels for each licensed brewpub. Permit holders who also hold a wine and beer retailer's permit and who sell alcoholic beverages manufactured only on the brewpub's premises may sell malt liquor or ale produced under the license to retailers and private clubs and beer to distributors, retailers, and private clubs or to qualified persons for shipment and consumption outside the state. A brewpub is not a bar or cocktail lounge.

Building means any structure permanently located or affixed to the ground, including structures wholly or partly enclosed with an exterior wall, which are designed, built, or intended for the shelter or enclosure of people, animals, chattels, or movable property of any kind, or for an accessory use. When separated by a four-hour firewall, each portion of a structure so separated shall be considered a separate building.

Building contractor, general means a use of land by an establishment using in its operations an area of five acres or less, for the same purposes as a building contractor, trade specialist, but also including:

(1)

Offices and yards for contractors and builders primarily engaged in the construction of residential, farm, industrial, commercial, or other buildings;

(2)

Offices and yards for contractors primarily engaged in road, utility, or similar construction activities which have storage and/or prefabrication yards; or

(3)

General building contractors who combine a special trade with their operations as described herein under building contractor, trade specialist.

Building contractor, maintenance and repair means a business that specializes in providing services such as exterminating, lawn care, painting, plumbing, the repair of electrical, heating, air conditioning or irrigation systems, renovation/remodeling services, or janitorial and building cleaning, to existing residential and commercial buildings and properties rather than engaging in new construction, or which provides property maintenance services such as landscaping and lawn mowing, septic tank maintenance, swimming pool cleaning and maintenance, or similar uses.

Building contractor, temporary field office means a temporary structure, usually a trailer, for which a permit is required, and which serves as the on-site administrative headquarters or offices for a development project, providing shelter for employees and possibly housing for equipment, and which shall be permitted only while construction is underway and a valid building permit exists for the property.

Building contractor, trade specialist means the use of land by an establishment for the office or shop of an operation primarily involving special trade contracting work in construction and property maintenance, including plumbing, electrical, painting, plastering, carpentry, heating/air conditioning, custom rock masonry (excluding rock quarrying and stockpiling), welding, fencing, overhead doors, but excluding establishments that include the additional operations described above under building contractor, general and those requiring an outdoor storage yard.

Building contractor's storage yard means a use of land primarily serving as storage for materials, equipment, and vehicles for transport at a later date to another location for the purposes of maintenance, repair, installation, or construction by a contractor.

Building height. See height.

Building permit means a permit issued by the city authorizing the erection, construction, reconstruction, alteration, of a building or portion thereof, which certifies and acknowledges that such activities or uses with respect to the building or structure complies with the provisions of the city's building codes, zoning code, or an authorized variance therefrom.

Building wall. See wall, exterior.

Cabinetmaking shop means a business engaged in the on-site production or repair by hand of custom cabinets.

Car title loan business means an establishment that makes small consumer loans that leverage the equity value of a car or other vehicle as collateral, where the title to the vehicle is owned free and clear by the borrower and any existing liens on the car or vehicle cancel the application, and which loans are typically made for short periods of time, such as 30 days, and failure to repay the loan or make interest payments to extend it allows the lender to take possession of the car or vehicle.

Car wash means a facility with special equipment used to clean the exterior and in some cases, the interior of motor vehicles, and which may employ persons to perform these functions (full-service) or may make the facilities and equipment available so that the driver of the vehicle performs the work (self-service).

Caretaker's residence means a residence located on property with a main residential or nonresidential structure, occupied by a caretaker, security guard, or other similarly employed person.

Carport means a structure, completely open to the free flow of air from floor to roof on at least two sides, which may be attached to or detached from the main building, designed primarily for the parking and storage of vehicles.

Cemetery means land used or intended to be used for the interment of the dead and dedicated for cemetery purposes, and which may include a columbarium, crematorium, mausoleum, and/or mortuary when operated in conjunction with and within the boundary of such cemetery.

Certificate of occupancy means a document issued by the city certifying that a newly constructed structure, addition to an existing structure, or an existing structure undergoing a change in use complies with the provisions of the city's building codes, zoning code, or an authorized variance therefrom, and that the building or structure is habitable.

Check cashing business means an establishment that provides to a customer an amount of money equal to the face value of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time, and where the business of cashing checks, warrants, drafts, money orders, or similar commercial paper is a primary function of the business. A retail establishment such as a grocery store that cashes checks or money orders, or issues money orders or money transfers, for a minimum flat fee as a service that is incidental to its main purpose or business is excluded from this definition. Also excluded is any state or federally chartered bank, savings and loan association, credit union, pawnshop, or grocery store.

Chief planning officer means the director of planning, director of development services, or other official or designee of the city responsible for city planning functions as designated by the city manager.

Church, temple, mosque, or place of worship means any structure used principally for regular assembly for religious worship and those uses or activities which are customarily associated with the worship facility, such as a rectory/parsonage or living quarters for the principal religious leader at the facility, social centers, fellowship halls, classrooms for religious instruction, and including schools, day care, and other uses affiliated with the place of worship, provided they are on the same lot as the main sanctuary, contiguous lots, or adjacent lots within the same block.

City means the City of Kerrville, Texas, a home-rule municipal corporation of the State of Texas.

City Code means ordinances adopted by the city council and thereafter compiled, codified, and published into the Code of Ordinances.

City council means the City Council of the City of Kerrville, Texas, also referred to herein as the "council."

City manager means the city manager or designee.

Civic, fraternal, philanthropic, charitable, or nonprofit organization means an organization whose existence is oriented around achievement or furthering of a particular social cause rather than the maximization of profit for shareholders, owners, members, employees, or other private actors and/or one that engages in civic, social, or community service, or fraternal activities for educational or charitable purposes and which may have a restricted membership.

Clothing and apparel store means a business that specializes in the making, sale, or rental of clothes, shoes, or other items of clothing.

Collector street means a roadway that distributes traffic from the local streets to the arterial network and which is classified as a "collector" on the city's thoroughfare plan.

College or university means a tertiary educational institution that is recognized by the state as such and accredited by either the Southern Association of Colleges and Schools or a national accrediting body recognized by the U.S. Department of Education.

Community garden means a use of land, which may be publicly or privately owned, on which individual or shared plots containing a garden or gardens are attended to, nurtured, and supported collectively by a group of participants who share in the maintenance and products of the garden.

Complete application means an application for a zoning amendment or any other form of authorization required by this zoning code as a prerequisite to the development of land within the city that meets all the technical requirements for submittal specified by the this Code or set forth in administrative guidelines, as determined to be complete by the director, in accordance with the procedures in V.T.C.A., Local Government Code ch. 245.

Community home means an establishment that:

(1)

Is a community-based residential home as defined by the Community Homes for the Disabled Act, V.T.C.A., Human Resources Code ch. 123, as it may be subsequently amended;

(2)

Is occupied by six or fewer persons with disabilities, regardless of the legal relationship of those persons to one another; and

(3)

Is occupied by two or fewer supervisors.

Comprehensive plan means the comprehensive plan, including the thoroughfare plan, as adopted by city council in accordance with state law and amendments thereto.

Concept plan means a scaled drawing of a tract of land indicating the preliminary layout of proposed uses, proposed structures, parking, utilities, and, if applicable, project phasing.

Concrete/asphalt batch plant means a permanent facility or structure that primarily manufactures or produces concrete or asphalt.

Condominium means a dwelling unit in a multifamily building, arranged, designed, occupied, or intended to be occupied as a place of residence by a single family, and which is individually owned and where land and common property are owned jointly with the owners of other units and where the expenses for upkeep on the common-property are shared by all the owners.

Construction, new means any construction of a building, whether it is the main building or an accessory building, parking area, or other structure that is either:

(1)

Located on a vacant tract; or

(2)

An addition to an existing building, parking area, or other structure which increases the gross area of the facility as it existed on date of adoption or changes the footprint or area of the lot occupied by the building, parking or other structure.

Continuing care facility means an establishment:

(1)

For which the owner has obtained a "certificate of authority" from the state under the Texas Continuing Care Facility Disclosure and Rehabilitation Act, V.T.C.A., Health and Safety Code ch. 246, as it may be subsequently amended, and

(2)

Provides board and lodging, together with personal care services, medical services, or other health related services.

This term does not include facilities that provide care for persons mostly incapable of self-preservation due to age, physical or mental ability.

Convenience store means a retail establishment, smaller in size than a grocery store, engaged in the selling of a limited selection of food, beverages, tobacco, personal items, and which may include the retail sale of gasoline or other fuels at fuel pumps as permitted herein.

Corner lot means a lot situated at the intersection of two streets and having street frontage along both the front and the side of the lot. See appendix, figure 2.

Country club means land and buildings that may include a golf course, clubhouse, restaurant, swimming pool, tennis courts, pro shop, and similar recreational activities or services available only to members and their guests.

Dance hall or event center means a venue, facility, or business primarily involving a large, open room suitable for holding events such as meetings, conferences, weddings, and large dances.

Date of adoption means the date that this chapter becomes effective and enforceable pursuant the city's Charter.

Day care services, adult means the use of land and the building(s) thereon, or a portion thereof, providing care, supervision, and guidance to unaccompanied older adults for a period of less than 24 hours per day, and which typically includes the offering of social activities, meals, and recreation.

Day care services, children means:

(1)

The use of land and the building(s) thereon, or a portion thereof, to provide care, training, and supervision for seven or more children for less than 24 hours per day, including nursery schools, preschools, and similar uses, but not including overnight lodging or elementary or secondary education; and/or

(2)

A facility defined by V.T.C.A., Human Resources Code § 42.002, as it may be subsequently amended.

Department of development services means a department within the city, which includes the planning division, the building official, and code enforcement, also referred to herein as the "department."

Department or general merchandise store means a retail business that specializes in the sale of a wide variety of goods, excluding a grocery store, especially those with separate sections for different categories of merchandise.

Design guidelines means a set of recommendations intended to provide guidance to property owners, developers, and their design professionals as to how to implement suggested design principles, sometimes within a specific geographical area, without mandating specific standards or requirements. See also overlay district design guidelines.

Detention facility means the use of land for the incarceration of people arrested pursuant to law as a result of a charge of a criminal offense being levied, or the institutionalization within a secure area of people who, if not confined, may pose a danger to themselves or others.

Development review committee (DRC) means a committee of persons, participating at the invitation of the director, which may consist of representatives of local governmental entities and utility providers, to include the city, county, franchise utility companies, and the state department of transportation; which committee may review plats, site plans, and building plans submitted for review prior to construction and/or development.

Development standards means regulations adopted by the city regarding certain development-related improvements, such as lighting, signage, landscaping, parking, and other similar elements. See appendix A.

Dinner theater a restaurant at which a staged production is performed during or after dinner.

Director of development services means the director of development services of the city or designee, as appointed by the city manager; also referred to herein as the "director."

Distillery means a business where alcoholic liquor is produced using a distilling process.

Dormitory, sorority or fraternity house means student housing associated with an educational facility or institution.

Double frontage lot means an interior lot with frontage on more than one street or a corner lot having frontage on more than two streets. See appendix, figure 2.

Downtown core means the portion of the downtown area generally bounded by the Guadalupe River on the south, extending north on Clay Street, east on Main Street, north on Earl Garrett Street, east on Jefferson Street, and south on Washington Street.

Drive-thru service means a feature of a business, such as a restaurant, bank, drug store, or dry cleaner, which allows a product or service to be delivered to a customer, usually through a window or other opening in a building wall while the customer remains in an automobile.

Driving instruction school means a school specializing in the teaching of skills necessary to safely and legally operate a motor vehicle, including both classroom instruction and supervised driving practice.

Drug store means a retail establishment specializing in the production, distribution, or sale of substances typically used as legal medication, and which may include the incidental sale of tobacco products, greeting cards, personal care products, a limited selection of household cleaning supplies and food and beverage items, and may offer photofinishing services.

Dwelling, duplex means a free-standing building on one lot, having separate accommodations for not more than two dwelling units.

Dwelling, live/work means a single building or space within a building, often, though not always, a result of a conversion of an existing nonresidential building, designed for joint use of commercial/office and residential activities, where the principal use of the space is for the commercial/office activity of the occupant, and the secondary use is as the occupant's primary residence.

Dwelling, multifamily means a building, group of buildings, or apartments on a single lot containing three or more dwelling units.

Dwelling, patio home (zero lot line home) means a single-family detached dwelling on a separate lot, with setbacks in the front and rear, the wall of the dwelling placed coincident with the property line on one side (the zero side), and setback provided on the remaining side.

Dwelling, single-family detached means a building containing only one dwelling unit and located on a single building site so as to allow for customary yards to serve as buffers along all sides of the building.

Dwelling, single-family with accessory dwelling unit means buildings containing one main dwelling unit and one accessory dwelling unit as defined herein on the same lot, which accessory dwelling unit may be contained within the main dwelling unit or in a detached structure, and subject to the height and regulations of the zoning code.

Dwelling, townhome means a single-family dwelling in a row of at least two attached units, each on its own platted lot, and having its own front and rear access to the outside. No unit shall be located over another unit, and each unit shall be separated from other adjacent units by one or more vertical common wall.

Dwelling unit means a building or portion of a building that is arranged, occupied, or intended to be occupied, as single living quarters and includes facilities for food preparation and sleeping.

Dwelling unit, accessory means a room or set of rooms attached or detached to building on the same lot as the single-family dwelling, established by permit and including a functioning kitchen and bathroom, which operates as a separate but secondary dwelling unit.

Easement means a property right granted within a tract of land by a property owner to another entity or property owner for purposes specified therein, such as for access, right-of-way, utilities, or drainage.

Electronics sales and service means a store engaged in the retail sale of consumer electronics, such as televisions and audio equipment, computer hardware and software, telephones, cameras and photographic equipment, games and gaming systems, as well as other related products and services.

Emergency shelter means a facility which provides room and board, protection, and counseling on a temporary basis, 180 days or less, during crisis intervention for victims of crime, abuse, or neglect.

Equipment rental, heavy means the use of land for the rental and storage for rental purposes, but not the manufacture or sale of the following:

(1)

Commercial buses with a rated capacity of more than ten passengers;

(2)

Trucks with a manufacturer's rated carrying capacity exceeding 2,000 pounds;

(3)

Truck-tractors, road tractors, semi-trailers and trailers, as defined V.T.C.A., Transportation Code § 502, not including recreational vehicles or travel trailers; or

(4)

Heavy construction equipment and other similar heavy equipment, not including personal vehicles, trailers not used for commercial purposes or as recreational vehicles, and the on-site repair and maintenance of such vehicles or equipment.

Equipment rental, light means a business that sells or rents small-scale machinery, equipment, and tools, such as chain saws and woodworking equipment, hoists and jacks, buffers and carpet cleaners, ladders and scaffolding, gardening equipment, household generators, fans and heaters, air compressors and air tools, and camping equipment, to consumers or contractors for a limited period of time, but excluding the rental of vehicles, construction equipment such as earth movers or forklifts, or other heavy equipment.

Fabrication processes means a process by which components or parts are produced for use in the construction of other goods, with all mechanical processes and related tasks taking place inside the principal structure or complex.

Façade means the portion of any exterior wall of a building that extends upward from the adjacent ground grade to the top of the parapet, wall, or eaves and covers the entire width of the building elevation.

Fair/rodeo grounds, exhibition hall, or arena means a use of land for the temporary erection or display of a festival, event, product, or other items or activities of interest particular to a specific topic, and which may include a building or other permanent facilities or structures.

Family means any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage, or adoption.

Farm supply store, retail means a retail establishment specializing in the sale of agricultural business or lifestyle products, including farm tools, food for pets and livestock, outdoor recreational gear, lumber, fencing, lawn and garden supplies, or farm attire and related goods, including outside storage complying with the requirements of this zoning code.

Farmers market means a market or temporary use of land where farmers or merchants sell food or other agricultural and related products directly to the public, usually from trucks, booths, stalls, or inside a permanent structure.

Feed, grain, or hay storage, bulk/wholesale means the use of land and buildings and/or structures for the purpose of storing feed, grain, or hay post-harvest for producers or to store feed, grain, or hay acquired from producers for resale.

Fine arts classes means organizations that specialize in the administration of instructional or informational classes related to painting, sculpture, dance, music, drama, or other fine arts.

Fitness center means a business that specializes in health, exercise, and wellbeing, which may provide, in addition to specialized equipment for exercise and weight-training, rooms for fitness classes, indoor courts for sports such as racquetball and basketball, locker rooms and bathing areas, and an indoor swimming pool, and which may include services such as massage therapy, child care for patrons during their use of the facility, a shop for the sale of fitness-related products and equipment, or a snack bar as ancillary activities.

Flea market means a venue, which may be indoors or outdoors as permitted herein, where multiple, independent vendors offer food, clothing, or other new or used goods for sale.

Floor area means the total square foot area of all floors in the building measured to the inside faces of the exterior walls.

Floor area ratio means a ratio of the gross floor area of a building or buildings in relation to the gross land area of the site, expressed as a ratio such as 2:1, where the gross floor area is the first number in the ratio and the gross land area is the second, and, in this example, where the gross floor area of the building(s) is twice as large as the gross land area of the site.

Florist means a business specializing in the selling or growing for sale of flowers and ornamental plants, but excluding commercial nurseries or greenhouses.

Food processing (craft) means the artisanal or handcrafted transformation of raw ingredients, such as clean, harvested crops or dairy or butchered animal products, into food, or the transformation of food into other forms for human consumption; produced in small batches or limited quantities, but excluding slaughter or dairy processes involving live animals or the production of food or feed for animal consumption. The primary purpose of production is intended for on premise consumption or local distribution, and is not intended for mass distribution.

Food processing (manufacturing) means the transformation of raw ingredients, such as clean, harvested crops or dairy or butchered animal products into food or the transformation of food into other forms for human consumption, but excluding slaughter or dairy processes involving live animals or the production of food or feed for animal consumption.

Food truck. See mobile food unit.

Food truck park means an area of land that hosts at least one mobile food unit (food truck) and which may include tables, chairs, shade structures, and other accommodations along with parking areas for patrons of the vendors.

Frontage, street means the length of property measured along the right-of-way line of the street.

Fuel sales, bulk means the use of land for the primary purpose of engaging in the sale of large quantities of gasoline, motor oil, heating oils, butane, and other, similar fuels and petroleum products, generally to businesses or other entities, and excluding retail fuel sales as defined herein.

Fuel (gasoline/propane) sales, retail means the use of land for the primary purpose of engaging in the on-site retail sale of gasoline, motor oil, heating oils, butane, and other, similar fuels and petroleum products, generally to an individual or end user, and excluding the sale of large quantities of fuel as defined in fuel sales, bulk.

Funeral services means an establishment that specializes in the preparation of the human dead for interment, and including the arranging, hosting, and managing of viewings, funerals, memorial services, and burials, and the provision of on-site cremation services.

Furniture, home furnishings, and home decorating and decor store means a business that specializes in the sale of items used in the readying of buildings for occupancy such as furniture, upholstery, window and floor coverings, and home décor items.

Furniture repair/sales, used means a business that specializes in the sale, repair, or re-upholstery of used household or office furniture, or the restoration of damaged, broken, or failed furniture to its original intent.

Garage, attached means the enclosed portion of a residential structure, attached to the principal building by a common wall and roof, that is designed for the parking and storage of vehicles belonging to the building's residents.

Garage, detached means an enclosed structure, separate from the principal residential structure, designed for the parking and storage of vehicles belonging to the occupants of the residence.

Garden center/nursery means a business that specializes in the retail sale of plants, equipment, and supplies for landscaping, gardening, or the cultivation or growing of plants for transplanting, budding, or grafting, which may include the indoor or outdoor storage of plants, gardening products, lawn/garden equipment, or other lawn and garden supplies as permitted herein, but excluding commercial nursery operations such as the wholesaling or distribution of plants, trees, or supplies.

Golf course means an area of land laid out for playing at least nine holes of the game of golf and improved with tees, greens, fairways, and hazards, and which may include ancillary uses such as a clubhouse, pro shop, and/or restaurant, and which may be open to the public or available by membership. See also country club.

Grocery store means a retail establishment, other than a convenience store, for the procurement, display, and sale of meat, fruit, vegetables, fresh and packaged foods, dairy and bakery products, as well as cleaning supplies, paper goods, pet supplies, health and beauty products, and similar items for off-site consumption, and may include an on-site bakery, delicatessen, drug store, and/or coffee shop.

Gross floor area means the total area of a building, measured from the exterior surface of all exterior walls, including basements, elevator shafts or stairwells at each floor, interior balconies or mezzanines, and floor space in accessory buildings, excluding off-street parking structures.

Gross land area means the total land area of a lot, tract, or parcel, including street or alley rights-of-way that are internal to the site.

Guest house means a room or set of rooms in a single-family dwelling or in a detached structure on the same lot as a single-family dwelling, established by permit and including a functioning bathroom but excluding a kitchen, which is intended for temporary use by guests of the residents of the primary single-family dwelling unit.

Guidance services means a use providing counseling, guidance, recuperative, vocational, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, previous incarceration, drug addiction, or similar condition, either on a residential or daytime care basis.

Gunsmith and locksmith shop means a business specializing in the sale, acquisition, repair, or building of firearms or locks.

Halfway house means a facility operated under the authority of the state department of criminal justice or the Federal Bureau of Prisons for persons on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to transition residents back into society, enabling them to live independently.

Hardware store means a business that sells paint, glass, wallpaper, plumbing and electrical supplies, tools, or other hardware.

Height means the vertical distance measured from grade to the average height of the highest roof surface or to the highest point of any structure erected on a roof of a building, whichever is greater; provided, however, church spires, belfries, communication antennae, and water towers shall not be considered when determining the maximum height of a structure, and excluding parapet walls less than four feet in height, chimneys, cooling towers, elevator equipment, mechanical equipment rooms, ornamental cupolas, standpipes, elevator bulkheads, or domes. See appendix, figures 3 and 4.

Highway means a roadway designed and constructed to connect major urban areas, accommodating long trips with limited access and a high degree of mobility, and which is designated as an interstate highway on the thoroughfare plan.

Home improvement center means a retail business offering products for sale found in a hardware store, lumber yard, or garden center/nursery, including lumber and roofing materials, plumbing and electrical supplies, doors and windows, floor and window coverings, paint and wallpaper, lighting and ceiling fans, household appliances, plants and garden supplies, in addition to products for the repair, maintenance, and cleaning of buildings and which provides services to building contractors.

Home occupation means any activity carried out for gain by a resident which results in the provision or manufacturing of services and/or goods and is conducted as an accessory use in a dwelling unit.

Homeless shelter means a facility which provides temporary housing to indigent, needy, homeless, or transient persons. This use may also provide ancillary services such as counseling and limited meal service for residents.

Hospital means an institution licensed by the state providing medical, psychiatric, or surgical services for sick or injured persons, including convalescent services, primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees or visitors.

Hotel or motel means an establishment:

(1)

Defined by V.T.C.A., Tax Code § 156.001, as may be amended; or

(2)

That provides short-term lodging to guests for compensation and which may include amenities such as food and beverage service, meeting rooms, entertainment, recreational/fitness/spa facilities, and various personal services for guests and potentially the public and subject to other city ordinances, rules, or regulations.

Industrialized home. See modular home.

Jewelry store means a retail store specializing in the sale of precious metals and gemstones in the form of jewelry for personal adornment.

Job and vocational training centers means a business or educational entity that offers instruction in the acquisition of employable skills, knowledge, or other competencies.

Junkyard means any place used or maintained by any person as a junkyard or dumping ground, or for the wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn out, wrecked, or abandoned, immobile or unregistered automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the maintenance or operation of such places for the accumulation of rubbish of any description.

Kennel means a facility providing shelter and food for pets and having a maximum boarding capacity of 11 animals except as otherwise permitted herein.

Landscape buffer means a strip or other configuration of land improved with live plant material, natural or manmade hardscape material such as rock, stone, or concrete pavers, or natural elements such as drainage ways or land features to provide open space, environmental or aesthetic enhancement, and/or screening or separation:

(1)

From the potentially adverse effects of incompatible land uses between adjoining properties; or

(2)

To shield the view of these effects from public rights-of-way.

Landscape nursery, commercial/wholesale means a facility used to house and grow shrubs, trees, plants, and related products for commercial purposes.

Laundromat means a facility providing equipment for the washing, drying, and cleaning of laundry made available for serving oneself.

Laundry/dry cleaning drop-off/pick-up station means a facility for the pick-up and delivery of clothing for individual consumers, to be laundered or dry cleaned at another location, and with no laundry or dry cleaning equipment or operations on-site.

Laundry/dry cleaning plant means a plant or other facility where articles of clothing, linens, and other textiles are laundered, pressed, or dry cleaned on-site.

Limousine/taxi service means a business engaged in the transporting of passengers in exchange for a fare or fee, typically owning and operating a fleet of more than one vehicle and subject to other city ordinances, rules, or regulations.

Livestock sales, wholesale means a use of land primarily involving or facilitating the sale of livestock to retailers for selling either directly to consumers or to another segment of the supply chain.

Loading space means an off-street space or berth on the same lot with the business for the temporary parking of a commercial vehicle while loading or unloading the contents to/from said vehicle.

Local street means a roadway which provides direct access to adjacent property and brings neighborhood traffic to collector roadways, but is not intended to carry significant amounts of through traffic, and which is not characterized as a collector, secondary arterial, primary arterial, or highway as indicated on the thoroughfare plan.

Lot means land which is occupied or intended to be occupied by a building or group of buildings and their accessory buildings, together with such yards and open spaces as are required by this zoning code and having frontage upon a street or other access approved by the planning and zoning commission.

Lot area means the total horizontal area within the lot lines of a lot.

Lot coverage means the area or percentage of the lot that may be covered by the principal building and all accessory buildings or structures, excluding breezeways and covered patios.

Lot depth means the horizontal distance between the front and rear lot lines, with at least one of the side lot lines meeting the minimum depth requirement of the applicable zoning district.

Lot line, front means the lot line:

(1)

Adjacent to a dedicated street right-of-way, if the lot is an interior lot; or

(2)

Separating the narrowest street frontage of the lot from the street, if the lot is a corner lot.

Lot line, rear means the lot line which is opposite and most distant from the front lot line. In case of a lot with more than four lot lines, the rear lot line is the lot line most in line with the rear lot lines of adjacent lots.

Lot line, side means any lot line not a front lot line or a rear lot line. Where a three-sided lot exists, the two interior lot lines are both side lot lines.

Lot width means the width of a lot, measured at the required front setback line.

Lumber yard means a use of land in which a large supply of lumber is kept for later sale or use, and which may include the sale of associated materials and supplies such as nails, fasteners, roofing materials, and related items.

Machine shop means a workshop where power-driven tools are used for making, finishing, repairing, or cutting materials such as metal, plastic, ceramic, wood, or composites to create parts of the desired size and shape.

Mailing service means a privately-owned business that specializes in the handling of physical mail, including the shipping of packages from households or small businesses, faxing and copying services, the sale of shipping and mailing supplies and stationery, and which may offer notary services, document shredding, and postal boxes for rent to customers.

Main building means the building on a lot which is occupied by the principal use.

Manufactured home or manufactured housing means a "HUD-code manufactured home" as defined in the Texas Manufactured Housing Standards Act, as amended (V.T.C.A., Occupations Code ch. 1201) which are structures, 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 chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include mobile homes or recreational vehicles except when located on property used as a planned rental community.

Manufactured housing sales means property used for the retail sale and display of manufactured housing or modular homes.

Manufacturing, assembly means a process by which components or parts are added to an unfinished or semi-finished product in sequential steps to yield a finished product, with all mechanical processes and related tasks taking place inside the principal structure or complex.

Manufacturing, general means the processing of raw materials or component parts by hand or machine into finished goods, usually on a large-scale production line using materials, skilled labor, tools, and processes, with all activities taking place inside the principal building or complex.

Microbrewery means a business primarily engaged in the on-site brewing and sale of small quantities of craft beer, generally owned by a local parent organization, ownership structure, or person that resides or is headquartered in the city or region, with revenues that are much smaller than those of large-scale corporate breweries, and which may include a tasting room.

Minor emergency/urgent care/outpatient medical clinic means a facility staffed by at least one attending physician for the examination, diagnosis, and treatment of ill, diseased, or otherwise afflicted human patients who are not in grave danger and who are not typically kept overnight except when required by emergency circumstances.

Mining and mineral extraction means a use of land primarily dedicated to the excavation or extraction of minerals or other geological materials from the earth, including natural gas, oil, coal, metals, or other similar materials.

Mini-storage means land and buildings wherein individual units may be rented for the purposes of self-storage of personal or household effects, usually on a short-term basis, in individual, compartmentalized, controlled access stalls or lockers, and which may include the storage of personal vehicles, recreational vehicles, and travel trailers in designated open areas on the site.

Mobile food unit (MFU) means a vehicle mounted, self-, or otherwise propelled, self-contained food service operation, designed to be readily movable, including catering trucks, trailers, push carts, and roadside vendors, and used to store, prepare, display, serve, or sell food. A MFU shall retain its mobility at all times; it does not include a stand or a booth. A roadside food vendor is classified as a MFU. An MFU is subject to other city ordinances, rules, or regulations.

Mobile home means a structure that was 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 chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes modular home, below.

Modular home means a structure designed for the occupancy of one or more families as a permanent residential structure that is constructed in modules or modular components built at a location other than the permanent site where the structure will be inhabited, transported to the permanent site, and erected or installed on a permanent foundation system.

Motel. See hotel or motel.

Motor freight/trucking company means a business primarily engaged in using trucks or other heavy-load vehicles designed to transport cargo for shipping, moving, or transporting goods, including the moving of residential or commercial property to another location.

Motorcycle, all terrain vehicle, personal watercraft dealership means a business primarily engaged in selling or leasing motorcycles, all-terrain vehicles, jet skis, or similar types of vehicles.

Movie theater means an indoor venue primarily dedicated to the display of films for the viewing of paying members of the public, typically including the sale of food and drink items to patrons, excluding sexually-oriented businesses.

Musical instrument sales and repair means a shop that specializes in the sale and repair of musical instruments, including the sale of parts, accessories, sheet music, and other relevant products.

Newspaper means an organization that publishes a paper or website with news, articles of opinion, features, and advertising, generally having a daily or weekly circulation.

Nursing home means a facility licensed and regulated by the state department of aging and disability services pursuant to V.T.C.A., Health and Safety Code ch. 242, as it may subsequently be amended, that provides meals, resident care and services for persons who are typically admitted for periods of time in excess of 30 days. Such services include custodial and attendant care, routine and regular medical and nursing services. The term "nursing home" includes care homes, homes for the aged, convalescent homes, rest homes, and other related facilities not otherwise defined in this section, where such persons are mostly incapable of self-preservation due to age, or physical or mental disability. This term excludes facilities that provide surgical or emergency medical service or that provide care for alcoholism, mental disease, drug additional or communicable disease.

Occupancy means the purpose for which a building is used or intended to be used.

Office furniture, equipment, and supply store means a business engaged in the sale of furniture, electronics, and the materials consumed in the daily operations of an office, such as paper, ink/toner, paper, pens, record-keeping supplies, janitorial and cleaning materials, as well as office furniture and business machines and equipment.

Office, general (business or professional) means a use providing professional or consulting services in various fields including law, architecture, environmental and interior design, computer software programming and design, engineering, employment services, accounting, appraising (real and personal property), tax service, financial services, real estate, management services, personnel services, including government offices, and where no goods are offered for sale on the premises. Such office does not include or involve the manufacture, fabrication, production, processing, assembly, cleaning, testing, or storage for sale of materials, goods, or products.

Office, medical means a use providing professional or consulting services in various medical/healthcare fields, including general and specialty medicine, vision and dental care, mental healthcare, and where no goods are offered for sale on the premises except the incidental sale of medical or optical goods in a medical office. Such office does not include or involve the manufacture, fabrication, production, processing, assembly, cleaning, testing, or storage for sale of materials, goods, or products.

Open space means an area of land, open and/or accessible to the public, which:

(1)

Remains in a natural and undeveloped state, such as a stream corridor, vegetative habitat, floodplain, slope, or similar natural feature; or

(2)

Is improved for uses such as parks, trails, playgrounds, public plazas, or green space landscaped with grass, trees, shrubs, etc.

Outdoor storage of equipment or materials means the placement of goods, materials, merchandise, or vehicles in an unenclosed area in a nonresidential zoning district for a continuous period in excess of 24 hours, said storage being an accessory use to the principal use and not a principal use of the property unless permitted herein. For purposes of this zoning code, the storage of inventory at an automobile, boat, recreational vehicle, motorcycle, or similar dealership is excluded from this definition.

Overlay district design guidelines means a set of recommendations created for application in a defined geographical area, which are intended to provide guidance to property owners, developers and their design professionals as to how to implement suggested design principles, regardless of the underlying base zoning district, without mandating specific standards or requirements, with the goal of achieving a specific purpose, for example to maintain the character of a special district such as a historic downtown, or to preserve the integrity of an area such as a river corridor, viewshed, or community gateway.

Parking lot or structure, accessory means a parking surface or series of surfaces, or a building or series of buildings, used or intended to be used for the parking or circulation of vehicles, for which a fee may or may not be charged, and that is located on the same premises as the primary use being served. See appendix, figure 5.

Parking lot, stand alone means a parking surface or series of surfaces used or intended to be used for the parking or circulation of vehicles, for which a fee may or may not be charged, and that is located on a site that is independent of the use or uses it serves. Specifically not included are parking lots located on the same premises as the principal use they serve. See appendix, figure 5.

Parking structure means a building or interconnected series of buildings used or intended to be used for the parking or circulation of vehicles, for which a fee may or may not be charged, and that is located on a site that is independent of the use or uses it serves. Specifically not included are parking structures located on the same premises as the principal use they serve. See appendix, figure 5.

Pawnshop means a retail establishment engaged in the lending of money on the security of personal property pledged in the keeping of the pawnshop owner (pawnbroker) or the purchase of goods on the condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period, and the retail sale of such goods and personal property as used merchandise subject to other city ordinances, rules, or regulations.

Payday loan business means an establishment that makes small consumer loans, usually backed by a post-dated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term or until an applicant's next payday, and then cashed, unless the customer repays the loan to reclaim such person's check.

Pet and pet supply sales means a business or entity that provides services related to the ownership of domestic, companion animals, including the sale of pets and pet supplies and which may offer grooming services as an accessory use in conjunction with the pet store.

Pet grooming means an establishment offering hygienic care and cleaning of pets, in particular dogs, and which engages in the shampooing and trimming of the animal and other services aimed at enhancing its physical appearance.

Photography studio and photography/camera supply store means a place of business for a photographer specializing in the production of photographs and/or a business that specializes in the sale, construction, or distribution of cameras or photographic supplies, the repair of cameras and photographic equipment, and the developing and printing of images from photographs.

Planning and zoning commission means the city planning and zoning commission, also referred to herein as the "commission."

Plat means a legal document, including a replat or an amending plat, which is an exact map of a tract of land that depicts the arrangement of lots by metes and bounds and may dedicate rights-of-way and easements, and which is regulated under the subdivision regulations of the city, as amended.

Porch means a covered entrance to a building.

Portable building sales means an establishment specializing in the exhibition and sale of structures not intended for habitation that are designed for transportation to another location, excluding manufactured, mobile, or modular homes.

Preferred plant list means a list of native, drought-resistant plants developed and adopted by the city from time to time.

Principal building. See main building.

Principal use means the primary or predominant use of any land or building.

Print shop means an establishment specializing in printing operations using a variety of copiers and presses for both small runs and high-volume jobs, and which may include blue printing, the sending and receiving of facsimiles, the sale of printing and mailing supplies, and the provision of shipping and mailing services.

Public facility or use means the use of land or a building or structure by an entity or agency of the local, county, state, or federal government or the independent school district for the provision of public services, such as a government/school district office, library, police station, fire station, school, post office, recreation center, parking lot or structure, museum, park or playground, animal shelter, public plaza, auditorium, convention or performance center, or similar use.

Radio or television station or broadcasting studio means a business involving the transmission of radio, television, or film media, and which may or may include a broadcast tower as permitted herein.

Recreational skills classes means a business engaged in the administration of instructional or informational classes related to gymnastics, cheerleading, trampoline, tumbling, or martial arts.

Recreational vehicle means a classification of vehicles that includes self-propelled motorhomes as well as travel trailers, fifth-wheelers, pop-up trailers, and truck campers which are attached to another vehicle for hauling.

Recreational vehicle dealership means a business primarily engaged in selling or leasing of recreational vehicles as defined herein.

Recreational vehicle or trailer park means the use of land as a place where multiple recreational vehicles may reside, park, rent, or lease space which may also be developed with a campground as part of a planned complex but not as part of a manufactured home development as described in the residential mix district (RM).

Rectory/parsonage means a home provided by a church or other religious organization that is used as a primary residence for the principal religious leader of the organization.

Repair shop, household items means a business specializing primarily in the repair and service of household items, such as appliances, electrical and electronic equipment, and lawn equipment, but excluding the repair of motor vehicles and the outside storage of these items.

Repair shop, personal items means a business that specializes in the restoration of damaged, broken or failed personal items, such as shoes, watches, jewelry, or luggage to their original intent.

Research and development lab means a laboratory or organization engaged in the research, assembly, or development of a new product in the fields of medicine, science, or technology, with all activities and storage of equipment and materials taking place inside the principal structure or complex.

Restaurant, food/beverage shop means a small retail business, such as a coffee shop, bakery, confectionery, ice cream shop, sandwich shop, or similar establishment, which specializes in the sale of food and/or beverage items typically prepared individually for on-premises or off-premise consumption, excluding the sale of alcoholic beverages and restaurants with drive-through service.

Restaurant, general means a building or part thereof used in the preparation and retail sale for on-premises consumption of food and beverages, which may include alcoholic beverages provided the revenue from the sale of alcoholic beverages constitutes less than 50 percent of the gross revenue of the restaurant, and which may provide live entertainment and may include drive-through or drive-in service as permitted herein. See also drive-thru or drive-in service.

Salvage, reclamation, recycling of materials means the extraction of usable substances found in refuse materials for sale or reuse.

Sand, gravel, or stone extraction means a business or other entity engaged in the process of extracting sand, gravel, stone, topsoil, compost, or other earth products.

Sand, gravel, or stone storage and sales means a business or other entity engaged in the process of storing or selling sand, gravel, stone, topsoil, compost, or other earth products.

School, private, elementary means a private institution engaged in the education of full-time students at or below the fifth grade, or sixth grade if the institution is so organized, including kindergarten but excluding day care centers and private home schools.

School, private, intermediate or secondary means a private institution engaged in the education of full-time students in the sixth grade and beyond, or seventh grade and beyond if the school district is so organized, including middle schools, junior high schools, and high schools, but excluding private home schools.

School, public, elementary means a public institution engaged in the education of full-time students at or below the fifth grade, or sixth grade if the school is so organized, including kindergarten, but excluding day care centers and private home schools.

School, public, intermediate or secondary means a public institution engaged in the education of full-time students in the sixth grade and beyond, or seventh grade and beyond if the school district is so organized, including middle schools, junior high schools, and high schools, but excluding private home schools.

Screening fence means a fence or wall that may be part of the structure or a standalone feature that screens from view the interior of a property so that visibility through the fence or wall shall be prevented from the exterior side of the fence or wall.

Second-hand/used goods store means a retail establishment that specializes in the sale of used goods, often including articles of clothing or household wares, and which may include an outdoor area dedicated to the display of goods or the storing of donations or other acquired goods as permitted herein.

Security service means a private-sector entity that specializes in armed or unarmed security and the protection of individuals and businesses from harm and intrusion.

Security systems installation and monitoring company means a business engaged in the sale, installation, administration, or monitoring of security systems designed to detect the unauthorized entry of a property, the goal of which is to protect real estate, physical assets, or persons inside the property.

Setback means a line parallel or approximately parallel to the street line at a specified distance therefrom, marking the minimum distance from the property line that a building may be erected.

Setback, front means the setback that extends the full width of the lot between side lot lines measuring the minimum required distance between the front lot line and the closest point allowed for any structure. See appendix, figures 6 and 7.

Setback, rear means the setback that extends the full width of the lot between side lot lines, measuring the minimum required distance between the rear lot line and the closest point allowed for any structure. See appendix, figures 6 and 7.

Setback, side means the setback that extends from the required front setback line to the required rear setback line, measuring the minimum required distance between the side lot line and the closest point allowed for any structure. See appendix, figures 6 and 7.

Sexually oriented business means uses and activities as defined and regulated in accordance with other city ordinances, rules, or regulations, including adult entertainment such as an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center, or any other commercial enterprise, the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Shipping container means a standardized reusable steel box with strength suitable to withstand shipment and handling used for the storage and movement of materials and products within a freight transport system.

Short-term rental unit means a facility, located in a residential zoning district, used for the purpose of providing short-term lodging for compensation, architecturally designed to look like a single-family dwelling, which may also be occupied concurrently as the residence for the owner, operator, or manager of the property, or providing separate lodging units such as cabins, guest homes, or similar residential-scale structures but in any instance, may not lodge more than ten occupants.

Showroom means a facility or portion of a building where merchandise, equipment, or products are displayed or placed on view for exhibition and/or sale.

Site plan means a scaled drawing showing the intended development for a particular tract of land, that typically depicts existing or proposed building footprints, parking, building setbacks, land uses, landscaping, buffering, easements, floodplain, utility lines, and phasing plan, if applicable.

Slat means a thin, narrow piece of wood, plastic, or metal, especially one of a series which overlap or fit into each other or into a frame, as in a fence or a Venetian blind.

Smoke shop means a retail store engaging in the sale of tobacco products and materials and accessories for smoking or the use of electronic cigarettes and vaping.

Solar energy facility means a system of lenses, mirrors, and tracking systems arranged into a panel or an array of panels that collects light from the sun and converts it into renewable energy (electricity) transporting it to consumers or utility companies or agencies that supply consumers.

Special care facility means an establishment:

(1)

For which the owner has obtained a license from the state under the Texas Special Care Facility Licensing Act, V.T.C.A., Health and Safety Code ch. 248, as it may be subsequently amended; and

(2)

Provides a continuum of nursing or medical services, or services to persons with acquired immune deficiency syndrome or other terminal illness, which may provide boarding, lodging, or hospice service. This term does not include facilities that provide care for persons mostly incapable of self-preservation due to age, physical or mental ability.

Stables, commercial means a stable for the rental of stall space, the sale or rental of horses or mules, and which may include the offering of riding lessons as an ancillary activity.

Stables, private means a stable for the keeping of only the horses or mules of the property owner on which the stables are located.

Stationery store means a retail store that specializes in the sale of materials, such as paper, pens, and ink, for writing or typing, as well as greeting cards, wrapping paper, gift items, and other similar products.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, then the space between such floor and the ceiling next above it, but not including a basement.

Street, public means any roadway other than an alley which has been dedicated to the public use and which affords primary access to the adjacent property.

Street, private means any roadway other than an alley which has not been dedicated for public use and which affords interior circulation and/or access to the adjacent property.

Structure means a structure shall be interpreted the same as a building, but shall also include improvements such as a freestanding sign and pylon when erected on a base and not made integral with a building, roofed structures which are unenclosed, and similar structures, and items not affixed to the ground, but which are attached to something having a fixed location on the ground.

Tasting room means a facility, typically located on the grounds of a winery, brewery, or distillery, where the public can taste samples of the products produced there, and allowing the ancillary retail sales of wine, beer, or items related thereto.

Tattoo or permanent cosmetics shop, body piercing means a retail establishment specializing in the sale or application of tattoos, body art, permanent cosmetics, piercings, or other aesthetic items intended for indefinite display on one's body.

Taxidermy shop means a business specializing in the art of preparing, stuffing, or mounting the skins of animals, that does not conduct the evisceration and processing of animal carcasses on-site.

Toy, gift, hobby, and novelty shop means a business that specializes in sale, rental, or procurement of toys, gift, hobby, and novelty related items and may include a small area for the sale of food and beverage items as an accessory use.

Traffic impact analysis (TIA) means an evaluation of the effect that the projected traffic from a proposed development will have on the transportation system in the area surrounding that development, prepared by a licensed professional engineer, and including methodology, conclusions, and recommendations.

Transportation terminal, bus/aviation means a facility for loading, unloading, and the interchange of passengers, baggage, and incidental freight or package express between modes of transportation, including bus and airport terminals.

Truck stop and fueling station means a facility primarily used for parking, refueling, repairing, and otherwise servicing tractor-trailer trucks, often with a restaurant or food items available for purchase and restrooms or showers available for the use of truck drivers.

Utility, local means utility services which are necessary to support subdivisions and other property within close proximity to the delivery point of the services and involve the installation or construction of only minor structures, such as lines, poles, transformer stations, and telecommunications distribution locations.

Utility, private or franchise means a non-governmental, commercial entity that provides services, such as electricity, natural gas, water distribution, water and wastewater treatment, telecommunications, or solid waste collection and disposal, often under a franchise agreement with the city which permits the use of right-of-way for the provision of these services.

Utility, public means a governmental entity that provides services, such as electricity, natural gas, water distribution, water and wastewater treatment, telecommunications, or solid waste collection and disposal.

Veterinary services, large animal means an establishment operated by a licensed practitioner primarily engaged in the practice of veterinary medicine, dentistry, or surgery for farm animals and livestock, such as cattle, hogs, sheep, goats, and poultry, as well as domestic animals and pets, and including the short-term boarding of animals in indoor or outdoor kennels that support the veterinary practice.

Veterinary services, small animal means an establishment operated by a licensed practitioner engaged in the practice of prevention, cure, or alleviation of disease and injury in animals, especially domestic animals or pets, including the short-term boarding of animals in indoor kennels that support the veterinary practice.

Wall, exterior means the exposed or outermost wall of a structure.

Warehousing and distribution means a business that stores, handles, distributes, or exports materials, products, and equipment, typically from a relatively large building, with special areas outside the building set aside for loading and unloading.

Welding shop means a business that specializes in the uniting of metallic parts by heating and allowing the metals to flow together, or by hammering or compressing, with or without previous heating.

Wholesaling means a business that buys and stores goods in bulk and sells to resellers rather than to end users.

Wind energy system, small means a small-scale mechanical system, whether connected to an electrical utility grid or not, consisting primarily of a tower or roof-mounted anchoring system, rotor, blades, and a generator that is designed for the purpose of converting and then storing or transferring energy from the wind into usable forms of energy, as regulated in accordance with other city ordinances, rules, or regulations.

Winery an establishment primarily involved in the production of wine for sale and consumption, and which may include a tasting room as defined herein.

Wireless telecommunication facilities (WTF) means a structure designed and constructed to support one or more antennas used by commercial wireless telecommunication or broadcasting facilities and including all appurtenant devices attached to it, and which may be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), or lattice or monopole construction. This definition includes satellite dishes, microwave-transmitting towers, and WTFs attached to or supported by buildings. Wireless telecommunication facilities (cellular antennas) as regulated in accordance with other city ordinances, rules, or regulations.

Yard means an area on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, and other exceptions allowed herein.

Zoning board of adjustment means the city zoning board of adjustment also referred to herein as the "board of adjustment" or the "board."

(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2020-18, § 1, 10-13-2020; Ord. No. 2022-02, § 1, 3-22-2022; Ord. No. 2023-12, § 1, 8-22-2023)