A.

LAND USE TABLE LEGEND: The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed as being "permitted", permitted by "specific use permit", and prohibited uses as signified by blank cells. Conditions are provided in section 3-2, special conditions for listed uses. Any use not expressly authorized and permitted herein is expressly prohibited.

*The sale of alcoholic beverages is not allowed in areas zoned for residential use, including but not limited to PD planned development districts approved exclusively for residential uses, with the single exception of community facilities.

(Ord. No. 2010-21, § 3, 11-16-2010; Ord. No. 2011-18, § 2, 6-19-2011; Ord. No. 2012-10, § 2, 6-19-2012; Ord. No. 2012-24, 11-6-2012; Ord. No. 2013-05, 3-19-2013; Ord. No. 2016-15, § 3, 8-2-2016; Ord. No. 2017-07, § I, 3-21-2017; Ord. No. 2019-02, § 2, 2-5-2019; Ord. No. 2020-22, § 3, 12-15-2020; Ord. No. 2021-21, § 3, 11-2-2021; Ord. No. 2022-09, § 3, 3-15-2022)

A.

DESCRIPTION OF LAND USE TABLE CONDITIONS AND SPECIAL REGULATIONS: The following described conditions and special regulations shall apply to uses listed in the permitted use table. Additional requirements may be added to those listed herein by the planning and zoning commission or city council as deemed necessary to protect the health, safety, and general welfare of the citizens of Mineral Wells. No construction or occupancy shall commence for any permitted use until the conditions herein stated or required by the planning and zoning commission and city council have been met.

1.

Site plan. A site plan will be required in accordance with section 6-1, site plan requirements.

2.

A site plan, in accordance with section 6-1, site plan requirements, will only be required in districts which require a specific use permit.

3.

May not be located within 300 feet of any property which is occupied by a church, public school, public hospital, day care or child care facility. The measurement of distance shall be measured as the linear distance, perpendicular to the nearest property line and then along the right-of-way, from the front door of the facility to the front door of the church, public school, public hospital, day care, or child care facility.

4.

Permitted on a temporary basis only.

5.

All outdoor lighting, including parking lot lighting, shall be directional away from any property zoned or developed for residential uses.

6.

Any proposed stable or barn must be set back 150 feet from the property line. Only animals permitted within the corporate limits by the City Code will be permitted on site.

7.

Must provide screening according to section 6-7, screening and buffer requirement.

8.

Must provide screening, according to section 6-7, screening and buffer requirement, and or landscaping along the perimeter of the property containing the use.

9.

Must meet the requirements of chapter 14, article II, sexually oriented businesses.

10.

Pens, outdoor kennels, or animal runs must be located 150 feet from any residentially zoned property.

11.

No outside storage permitted.

12.

All outside storage areas shall be screened, according to section 6-7, screening and buffer requirement, with either landscaping, fences/walls, or a combination thereof.

13.

A copy of the state certification of licensing or registration as described in V.T.C.A., Human Resources Code § 42.052 must be provided to the city.

14.

Parking areas shall be designed such that vehicles do not face any residentially used street.

15.

Dumpster and loading areas shall not be located in areas adjacent to any abutting residential property.

16.

No trash dumpster shall be located within 50 feet of a residentially zoned property.

17.

No veterinary services shall be permitted.

18.

Such incidental parts, maintenance, and repair facilities shall be completely located within an enclosed building.

19.

Must only be used for the display and sale of automobiles that are in condition to be driven on or off the lot.

20.

Shall not be used for the storage of wrecked vehicles, or the dismantling of vehicles or the storage of vehicle parts.

21.

All vehicles being stored for repair shall be screened from all public rights-of-way.

22.

No semi-trailer truck or tractor parking will be allowed adjacent to any residentially zoned property.

23.

No outdoor boarding of animals may be permitted if adjacent to residentially zoned property.

24.

No outdoor exercise areas, runs, or holding pens may be located within 50 feet of any residentially zoned property.

25.

All equipment and outside storage material shall be stored and displayed on a hard all weather surface.

26.

Antenna and towers shall be permitted and regulated in accordance with section 6-11, wireless communication facilities.

27.

Swimming pools. It is the purpose of these provisions to recognize outdoor swimming pools as a potential attractive nuisance and to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.

(a)

Permits and approvals. No swimming pool shall be constructed or used until a swimming pool building permit has been issued. No building permit shall be issued unless the proposed sanitary facilities and water supply will comply with applicable local and state health department regulations.

(b)

Requirements. A swimming pool may be constructed and operated in conjunction with any permitted use or special use when:

(1)

The pool is not located in any minimum yard space.

(2)

A wall or fence, not less than four feet in height, with self latching gates at all entrances, shall completely enclose either the pool area or the surrounding yard area, and such wall or fence is not located in a minimum front yard.

(3)

All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed that direct rays from the lights shall not be visible from adjacent properties.

(4)

No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.

28.

Home occupations. In connection with the operation of a dwelling, any use permitted as a home occupation may be operated subject to compliance with the following conditions:

(a)

Is operated in its entirety within the dwelling unit and only by the person or persons maintaining a dwelling therein.

(b)

Does not have a separate entrance from outside the building.

(c)

Does not display or create outside the building any external evidence of the operation of the home occupation.

(d)

Does not utilize more than 20 percent of the gross floor area, but not to exceed 300 square feet in a dwelling unit.

(e)

Does not have any employee or regular assistant not residing in the dwelling unit in which the home occupation is operated or maintained, unless said employee does not perform services on the property.

(f)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

(g)

Commercial delivery service shall not deliver goods or products to the home more than four times per month. Commercial delivery service shall be limited to vehicles with two axles.

(h)

No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

(i)

No outdoor storage of any type shall be permitted with any home occupation.

29.

Bed and breakfast.

(a)

The operation of a "bed and breakfast" as defined in this section shall be subject to compliance at all times with the following:

(1)

Off-street parking on the property shall be provided on the basis of two spaces for the facility plus one space for each guest bedroom. Such off-street parking shall be located behind the front building line of the structure and shall be screened from public view; however, if the bed and breakfast facility is located in a nonresidential zoned district, screening shall be required only on the property lines immediately abutting any residentially zoned property.

(2)

Where a bed and breakfast facility is located in a district zoned residential, the total guest bedroom area of the structure shall not exceed 50 percent of the total floor area of the dwelling.

(3)

There shall be no clear and present danger as to fire and fire safety. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto.

(4)

The plumbing and electrical systems in the structure shall be in compliance with the applicable codes of the city.

(5)

Where a bed and breakfast facility is located in a district zoned residential, no sign shall be on any portion of the property, except a sign not exceeding one and one-half square feet in area indicating the address, and if desired, the name of the occupant or the establishment.

(6)

No guest may stay at the premises for more than 14 consecutive days.

(7)

Collection and payment of all hotel occupancy taxes shall be accomplished as required under article IV of chapter 82 of the Code of Ordinances.

(b)

Annual inspections shall be required for each bed and breakfast facility to insure ongoing compliance with the requirements of this section.

(c)

No certificate of occupancy shall be issued unless the requirements set forth in subsections (a)(1)—(5) are satisfied.

(d)

If the actual authorized special exception use ceases for any reason, including storm, fire or other casualty, and such nonuse continues for a period of six consecutive months, the special exception use shall automatically expire for nonuse. Nonuse, for the purpose of bed and breakfast facilities, shall be defined as two consecutive quarterly reports, as defined and required in section 82-95 "Reports" of the Mineral Wells Code of Ordinances, which indicate that no tax has been collected for two consecutive quarters on said bed and breakfast facility, or any other evidence which indicates that the bed and breakfast has not operated as a bed and breakfast for six consecutive months.

30.

Outside storage of scrap tires shall not exceed six feet in height.

31.

The operator shall incorporate and effectively apply vector control procedures for any vector found at tire processing facility.

32.

The allowable hours of operation for this facility shall be 7:00 a.m. to 7:00 p.m.

33.

Screening, according to section 6-7, screening and buffer requirement, and/or landscaping consisting of fences/walls, or a combination of such to a height of eight feet along the perimeter of the property containing the use must be provided.

34.

Cargo container regulations: Cargo containers are subject to the following regulations.

A.

Cargo containers when an accessory use in permitted districts or as a principal use in the Wolters Park "A" (WPA) district shall adhere to the following regulations:

(a)

Cargo containers shall not be stacked.

(b)

Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.

(c)

Cargo containers shall not be located between a building and front property line.

(d)

The cargo container(s) shall be placed in a location that minimizes the visual impact from surrounding streets and properties.

(e)

Cargo containers shall be placed upon a dust free, all weather surface as approved by the administrative official or his designee.

(f)

Cargo containers shall not exceed a size of 10 feet × 10 feet × 40 feet unless approved by the city council upon recommendation of the planning and zoning commission.

(g)

Any cargo containers located within 100 feet of a residential zoning district shall be no greater in size than 10 feet × 10 feet × 20 feet.

(h)

The area utilized by cargo containers shall be considered as usable space and included in the parking calculations as set forth in section 6-6, off-street parking and loading regulations.

(i)

The quantity of cargo containers, as an accessory use, shall be determined by the total aggregate square foot of principal buildings as provided in the following table.

*However, the maximum number of containers for any site may be adjusted upon approval of the city council, following a recommendation by the planning and zoning commission. The applicant must provide justification for the numbers of cargo containers that are proposed to exceed the maximum contained in the above table.

B.

Cargo containers placed in a commercial (C) zone with a specific use permit are subject to the following regulations:

(a)

The display and sale of cargo containers shall be incidental to machinery sales or repairs (heavy) or rental yard (commercial and heavy equipment) as defined in section 3, definitions.

(b)

Not more than one 20 feet long cargo container may be placed on the premises for display purposes only. No storage of cargo containers shall be permitted.

(c)

No cargo container shall be placed in the required front yard of the premises.

(d)

Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities, or landscape areas for the site.

(e)

Cargo containers shall be placed in a location that minimizes visual impact from surrounding streets and properties.

(f)

Cargo containers shall be placed upon a dust free, all weather surface as approved by the administrative official or his designee.

35.

Must satisfy all the requirements of V.T.C.A., Human Resources Code ch. 123.

36.

(Reserved.)

37.

Smoke shops shall meet the following standards:

(a)

Shall post a sign stating "No Minors Permitted Unless with a Parent."

(b)

Must derive annual gross revenues of at least 50 percent from the sale of tobacco products and smoking accessories.

(c)

Smoking accessories or paraphernalia shall not include water pipes, carburetion tubes, carburetion masks, clips or devices intended to hold burning material such as marijuana, cocaine spoons, cocaine vials, chamber pipes, electric pipes, air-driven pipes, chillums, bongs, and ice pipes or chillers.

38.

Unattended commercial kiosks shall comply with the following conditions:

(a)

No outside storage area is permitted.

(b)

Drive through facilities shall provide one stacking space located out of the drive lane of any parking lot.

(c)

Exterior building material shall meet the masonry requirements as required in the zoning district in which it is located.

(d)

All surface and roof mounted equipment shall be screened from public view as defined by adjacent driving levels.

(e)

All signs related to the use shall comply with the requirements of sign ordinance of the City of Mineral Wells.

39.

Manufactured home parks and recreational vehicle parks shall comply with chapter 62 of the Mineral Wells Code of Ordinances. Manufactured home subdivisions and manufactured homes shall comply with chapter 62 unless otherwise provided in this zoning ordinance.

40.

Use permitted by special exception and action by the zoning board of adjustment.

41.

Shall be regulated by City Code chapter 42, environment, article V, oil and gas wells.

42.

Outside display within the front setback area is permitted, provided that such display does not block any parking space or drive lane and is moved to the interior of the building when the business is not in operation.

43.

Construction, use and operation shall meet all local, state and federal requirements regulating the manufacturing/warehousing/distribution of ammunition and/or the components thereof (i.e. propellants, primers) as may be applicable.

(Ord. No. 2010-21, § 2, 11-16-2010; Ord. No. 2011-18, § 3, 6-19-2011; Ord. No. 2016-15, § 2, 8-2-2016)

The following are general definitions and definitions of land uses contained in section 3-1, permitted use table. When used in this ordinance, these terms and words shall have the meaning respectively ascribed to them in this section, unless the context of this ordinance clearly indicates otherwise. Definitions that pertain to other sections of this ordinance are provided in those specific sections.

Abandoned. The relinquishment of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

Abutting. Shall mean to physically touch or border upon; or to share a common border, boundary, or property line but not to overlap.

Accessory building. Any subordinate building customarily incidental to the principal building, on the same lot, including among other things, a garage for parking of vehicles, storage shed, greenhouse, pool cabana or tool storage shed and similar structures not used for any commercial purposes.

Accessory banking. A banking service(s) office ancillary and often remote from the main bank, which may include automated teller machines and drive-through services.

Accessory use. A use customarily incidental to the main use of the property and not used as a dwelling in residential districts.

Administrative official. The city manager or other designated authority charged with the administration and enforcement of this ordinance, or his/her duly authorized representative.

Adult day-care facility. A facility that provides services under an adult day-care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.

Adjacent. Shall mean to be near or close to but not necessarily touching. Lot lines separated by a street, utility, drainage, railroad, or other public use right-of-way shall be considered to be adjacent.

Agricultural use. The use of a parcel of land, of five acres or more, for farming or ranching and shall include the structures that are normally associated with agricultural uses. However, this use shall not include commercial diaries, commercial dog kennels, commercial hatcheries, and commercial mink, fox, rats, or other fur bearing animal farms, or the farming of swine or exotic animals.

Aircraft parts and accessory sales. A business or facility with a primary purpose of selling parts and accessories for aircrafts.

Aircraft parts manufacturing, rehabilitation, and storage. A facility that creates required parts for aircraft by using machining tools, also includes the storage and basic assembly of parts, but not the assembly and maintenance of the complete aircraft.

Airport, public/private. An area of land designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use for airport buildings or other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities located thereon.

Alcoholic beverage. Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted, as defined by the Texas Alcoholic Beverage code, as amended.

Alcoholic beverage establishment. Any establishment that derives 75 percent or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, for on-premises consumption, including but not limited to a bars, tavern, cocktail lounges, ballrooms, dance bars, piano bars, billiard or game parlors, bowling alleys and nightclubs.

Alcoholic beverage store. Any establishment, place of business, or person principally engaged in the selling of alcoholic beverages, as defined in the V.T.C.A., Alcoholic Beverage Code, as amended, including liquor as defined herein, to the general public for off-premises personal or household consumption and rendering services or selling other products that are incidental to the alcoholic beverage sales, including but not limited to package stores as that term is defined in the V.T.C.A., Alcoholic Beverage Code. For the purposes of this section, the term "alcoholic beverage store" shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this section.

Alley. A public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Ammunition manufacturing and distribution. Any facility engaged in the manufacturing, warehousing, and/or distribution of ammunition used in the operation of a firearm.

Amusement center, indoor. A facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffle board, darts, and batting cages. Any combination of these games may be used in the facility. However, any combination of four coin-operated game machines shall constitute an amusement center. Games of wagering and chance, which may include 8-liners, categorized as gambling are prohibited and not included in this use. Notwithstanding the above, a not-for-profit fraternal or veterans organization operating an amusement facility as an incidental use and having 20 or fewer such machines and exhibiting no external evidence of such, shall not be considered an amusement center for these purposes.

Amusement center, outdoor. An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open. Notwithstanding the above, a not-for-profit fraternal or veterans organization operating an amusement facility as an incidental use and having 20 or fewer such machines and exhibiting no external evidence of such, shall not be considered an amusement center for these purposes.

Amusement center, teen club. An amusement facility for juveniles to gather to recreate. May include video equipment and pinball machines, as well as live and/or recorded music for listening and dancing. Refreshments may be provided, however, no alcoholic beverages or tobacco products are permitted on the premises.

Amusement park. An entertainment facility, primarily outdoors, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sales of items, buildings for shows and entertainment, and restaurants and souvenir sales.

Animal grooming. An establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.

Animal, shelter. A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Antique shop. An establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations which have value and significance as a result of age, design, or sentiment.

Apartment. A room or suite of rooms arranged, designed, or occupied as a dwelling unit residence by a single-family, individual, or group of individuals living together as a single housekeeping unit.

Apparel alteration and repair or tailor shop. An establishment offering individual alteration, repair, or creation of clothing apparel to the public.

Appliance repair, household. A shop specializing in repair of household appliances.

Art gallery. An establishment offering works of art for viewing and sale to the general public.

Arts, crafts, and hobby shop. An establishment offering for sale those items commonly associated with hobbies, including display areas for hobbies.

Assembly hall. A building and associated facilities dedicated to social or recreational activities serving the city or a neighborhood.

Assembly/fabrication plant. A facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.

Athletic field and play field, commercial. An athletic field or stadium owned and operated privately, including a baseball field, golf course, football field, or stadium which may be lighted for night-time play.

Athletic field and 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 night-time play.

Auction house. A place where objects of art, furniture, or other goods are offered for sale to persons who bid on the object in competition with each other.

Auditorium. A large building and associated facilities for gathering an audience for speeches and performances.

Auto auction. An enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.

Auto car wash. An area and/or structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

Auto impound lot/wrecker business. An establishment offering the services of towing, impounding, and temporary storage of vehicles which have either been in an accident or are illegally parked.

Auto paint and body shop. An automotive shop with a primary purpose of repairing and painting the outside surfaces of automobiles, trucks, and vans, and repairing and replacing the upholstery of such vehicles.

Auto parts and accessory sales. An automotive shop with a primary purpose of selling new parts and accessories for automobiles, trucks, and vans.

Auto rental (car and truck). An establishment primarily engaged in the short-term rental or extended term leasing of automobiles and trucks, not including truck tractors or semi-trailers.

Auto repair garage. An enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage allowed but no outside repair or maintenance conducted.

Auto sales, new. A parcel of land used for the display or sale of new vehicles including automobiles, trucks, and vans, where repair work is performed by dealership mechanics, minor reconditioning effected to the cars to be displayed and sold on the premises, auto parts are stored and sold, and where there is no dismantling of cars for sale or keeping of used car parts or junk on the premises. Includes the customary buildings and structures associated with such sales.

Auto sales, used. An open area or lot used for the display or sale of automobiles, trucks, and fans, where no repair work is performed, except minor reconditioning of the cars to be displayed and sold on the premises, and where there is not dismantling of vehicles for sale or keeping of used car parts or junk on the premises.

Auto service station. An establishment for the retail sales of petroleum products, automobile accessories, auto tune up, muffler installation incidental to the primary use, tire installation or repair, oil change or other lubricate services, in which all services provided and all storage, supplies, parts, equipment, and accessories are indoors, with the exception of fuel dispensing operations.

Auto service station/convenience store. A facility containing an auto service station and a convenience store, as defined by this section, as shared primary uses. However, this does not prevent either use as functioning as a primary use when combined.

Auto service station/restaurant. A facility containing an auto service station and a restaurant, as defined by this section, as shared primary uses. However, this does not prevent either use as functioning as a primary use when combined.

Auto tinting, windshield, and accessory installation. A facility dedicated to the replacement, repair and enhancement of automotive windshields, glass, and cosmetic accessories.

Auto (vehicle) consignment area. An area or property set aside for the sales of vehicles (automobiles, pickups, boats, motorcycles, RVs, and other motorized vehicles) on a consignment basis. The area or property may or may not have representatives on hand to answer questions and facilitate the sale of such vehicles.

Bakery, retail confectionery. A shop offering for sale on premises those baked goods or candies made on premises or off premises. No production for off premise sale is allowed.

Bakery, wholesale candy. A manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.

Bank, savings and loan association, financial institution. A building or premise offering banking, savings and loan, and other financial services, not including pawn shops as herein defined.

Bar, tavern, or night club. An establishment primarily devoted to the serving of alcoholic beverages, which the service of food is only incidental to the consumption of such beverage and in which dancing and musical entertainment are permitted.

Barber shop, beauty salon, and other personal shop. An establishment which provides personal services including hair cuts, perms, color treatments, manicures, pedicures, and other personal beauty services.

Basement. The lowest story of a building, below the main floor and wholly or partially below the surface of the ground.

Batch plant, (permanent). A permanent establishment and grounds used for the operation of equipment including batchers and mixers as required to the mixing and preparation of materials used to produce concrete.

Batch plant, (temporary). A temporary establishment and grounds used for the operation of equipment including batchers and mixers as required to the mixing and preparation of materials used to produce concrete.

Bed and breakfast. An owner occupied establishment that is used for transient lodging with no more than seven guestrooms rented for compensation and located in the principal building. The length of stay is limited to not more than 14 consecutive days. Meals are prepared and served on-site and are limited to breakfast for overnight paying guests, only, at no additional compensation. Cooking and cooking facilities are prohibited in guestrooms.

Beer. A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.

Beer barn. An establishment that allows drivers to pull into a drive-through opening in a building to purchase alcoholic beverages from a clerk who delivers the order to the car.

Beer garden. An open-air establishment where customers are primarily served at tables or are self-served, where food may or may not be consumed on the premises and derives at least 75 percent of its revenues from the on-premises consumption of alcoholic beverages, and which do not have a drive-through window.

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

Board. The board of adjustment.

Boardinghouse. A building other than a hotel or bed and breakfast, where lodging and meals for five or more persons, not members of the principal family therein, are served for compensation.

Boat sales and rental. A marine rental, retail sales and service facility for vehicles designed as watercraft propelled by oars, sails, or one or more internal combustion engine(s).

Boat storage. A commercial establishment providing for the long term storage of marine vehicles by the means of covered or uncovered boat slips or dock space, or enclosed dry storage space for marine vehicles and motors.

Bottling works. A facility for the bottling of products for off-site retail sales.

Breezeway. A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.

Brewpub. An establishment required to hold a brewer's permit under chapter 12 or a brewpub permit under V.T.C.A., Alcoholic Beverage Code ch. 74, as amended.

Brick kiln or tile plant. An establishment containing a furnace(es) in which bricks or porcelain is baked or burnt, dried, and or stored for distribution.

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

Buildable area. That area on a piece of property that is not restricted for building by a front, side, or rear setback requirement or which is not encumbered by an easement or right-of-way that prohibits building.

Building line. A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Building materials manufacturing. A facility for the production of building materials which include fiberglass, wallboard, shingles, etc.

Building material sales/lumber yard. A distribution and sales center for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.

Bus, train, and taxi station or terminal. A facility that provides for regularly scheduled transit services, passenger lounges, ticketing, and customer parking.

Cabinet and upholstery shop. A shop for the assembly of cabinetry for domestic use and furniture repairing, refinishing, and upholstery.

Camp ground and related facilities. An area that is occupied or intended or designed for occupancy by transients using recreational vehicles, tents, or other temporary dwellings for dwelling, lodging, or sleeping purposes. The use may also include cooking facilities, bathhouses, and recreation areas. This does not include a manufactured housing community.

Caretaker's residence, guard's residence, servant's quarters. A residence located on a premise with a main nonresidential or residential use occupied only by an employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is accessory. Manufactured homes are not permitted for this use.

Cargo container. A standardized, reusable vessel also known as a shipping container which is:

(1)

Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

(2)

Designed for or capable of being mounted or moved on a rail car; and/or

(3)

Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

Cargo container includes a trailer or container mounted on wheels designed to be pulled by semi-tractor truck when said trailer is not attached to such truck but is parked, placed or used as storage. Residential storage units known as "pods" are also included.

Cargo container sales and rental. An establishment that stores cargo containers on site for the purpose of renting or selling said cargo containers to the general public.

Carport. A structure that is permanently affixed to the ground, constructed over a parking space and offers limited protection to vehicles from the elements. A free standing carport may have a maximum of one wall located at the rear of the carport, with the rear wall being generally defined as the wall most distant from the public right-of-way from which access is provided and parallel to such right-of-way. An attached carport may have two walls, one common wall abutting an existing primary structure and one at the rear as defined above. In no event shall any wall be erected or be extended into the front yard as defined by the zoning ordinance nor shall any wall as defined above be permitted to extend beyond the front building line of any existing primary structure.

Catering service. A facility where food is prepared in large quantities to be transported to, served, and consumed at an off-site location.

Cement or hydrated lime plant. A facility where hydrated lime and cement are prepared and produced on a large scale basis for use in the building or manufacturing industries. Includes the storage and transportation of the product.

Cemetery, mausoleum. An area or structure designed to contain the remains of humans or animals for permanent interment.

Certificate of occupancy. An official certificate issued by the city through the administrative official which indicates conformance with or approved conditional waiver from the building or zoning regulations and authorizes legal use and occupancy of the nonresidential premises for which it is issued.

Cidery. An establishment required to hold a permit granted by the Texas Alcoholic Beverage Commission and that is used for the preparation, marketing, and distribution of cider. May include a tasting room or sales area.

City council (council). The governing body of the City of Mineral Wells, Texas.

City manager. The chief administrative official of the city as appointed by the city council. Also includes the person designated by the city manager authorized to perform functions in the administration and enforcement of these regulations.

Clinic. A public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped, or otherwise in need of physical or mental diagnosis, treatment, care, or similar service.

Club, private. An establishment providing social and dining facilities as well as alcoholic beverage service to an association of persons, and otherwise falling within the definition of and permitted under the provisions of that portion of V.T.C.A., Alcoholic Beverage Code tit. 3, ch. 32 or ch. 33, as hereafter amended and as it pertains to the operation of private clubs. A private club does not include the holder of a food and beverage certificate, as defined in the V.T.C.A., Alcoholic Beverage Code, as amended.

Collectibles shop. A retail establishment offering such collectible items as sports trading cards, comic books, and stuffed animals for sale to the general public.

Community center. A building dedicated to social 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.

Concept plan. A sketch or layout of the proposed development plan for use in a pre-application meeting. At a minimum, the drawing should show the perimeter of the property being platted, adjoining properties, and adjacent roadways.

Contractor, no outside storage permitted. A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage permitted.

Contractor, outside storage permitted. A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use, permitting outside storage.

Contractor storage or equipment yard. An area located on the same lot or separate lot as a principal use, which is used for outside storage of construction equipment, including vehicles and construction material.

Convenience store. A small retail establishment, usually located within or associated with another use that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods and may include fuel sales.

Convent, rectory, monastery. The building, buildings, or premises occupied by a religious community or association as a residence and a place of work and worship.

Copy shop. A small commercial printing shop, which sells on-site, most of the items printed, along with associated items.

Corrections facility (including pre-parole center). A facility housing pre- and post- trial misdemeanants and felons; but, if the facility is operated or managed by a private entity, then the facility shall not (without the express written consent of the city) house those persons serving an adjudicated sentence who are classified as "high security" or "maximum security" as those terms are defined by applicable Texas law and regulations. However, such facility may be used to house any type or classification of inmate or detainee under circumstances constituting an emergency, as determined by any public entity assigning detainees or inmates to the facility.

Cosmetic tattoo establishment. An establishment, meeting the certification required by state law, where trained personnel apply micro-injections of pigment to the dermal layer of skin such that facial cosmetics are applied on a permanent basis. This does not include a tattoo parlor.

Country club. An area containing a golf course and a clubhouse and generally available only to private specific membership. Such a club may contain adjunct facilities such as a private club (only in conformance with these regulations and applicable state statutes), dining room, swimming pool, tennis courts, and similar recreational or service activities.

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

Dairy processing. A commercial plant for the storage and processing of milk and milk products.

Dance halls or nightclub. Any establishment open to the public, whether or not admission is charged, wherein dancing is allowed and participated in on a recurring basis by one or more persons, whether or not they are compensated for their dancing. This shall not include dance academies, schools, or studios where dancing is permitted only by students and instructors engaged in dancing instruction, nor shall this include public or private schools, which host dances solely for students, or adult-supervised youth organizations, city, or other governmental facilities that host dances, nor shall this include motels, hotels, or restaurants or businesses that only rent enclosed banquet rooms or space for private parties. If the establishment derives 75 percent or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages for on-site consumption, then such establishment must adhere to the regulations for an alcoholic beverage establishment.

Day-care center, child. A child-care facility that provides care for more than 12 children under 14 yeas of age for less than 24 hours a day.

Day care center, adult. An agency at which six or more disabled or elderly adults not related to the proprietor, are left for care for a part of the 24 hours of the day.

Day care, in the home. A private residence where care, protection, and supervision are provided to children on a regular schedule in accordance with the regulations as provided in V.T.C.A., Human Resources Code chs. 42 and 43, as a "foster group home," "group day-care home," or "family home."

Density. The number of dwelling units permitted per net acre of land. A net acre of land does not include portions of streets or alleys.

Department store. A store offering a variety of comparison and consumptive goods at retail price to the general public.

Development plat. A plat authorized under V.T.C.A. Local Government Code ch. 212, subch. B, depicting a lay-out of development for a proposed tract or lot and providing for supporting public facilities.

Distillery. An establishment required to hold a distiller's and rectifier's permit under V.T.C.A., Alcoholic Beverage Code ch. 14, as amended.

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

Dormitory. A residence hall that is not a hotel or motel and not associated with a school which contains a number of private or semiprivate rooms and common bath and recreation areas and that serves as lodging for unrelated persons in exchange for compensation.

Dwelling, assisted living facility. A facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the State of Texas as "supervised living".

Dwelling, industrialized housing. A detached residential building that is designed for the use and occupancy of one family, that is constructed in one or more modules or constructed using one or more modular components, built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system; includes the structure's plumbing, heating, air conditioning and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (1) housing constructed of sectional or panelized systems not utilizing modular components; or (2) any ready-made home which is constructed so that the entire living area is contained in a single unit or section, at a temporary location for the purpose of selling it and moving it to another location.

Dwelling, manufactured housing or mobile home. Shall be defined and differentiated by the following:

HUD-Code manufactured home. 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 chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems; does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

Mobile home. 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 the plumbing, heating, air-conditioning, and electrical systems.

Dwelling, multifamily. A residential building containing three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family attached. A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall, is designed for occupancy by one family, and is on a separate lot delineated by front, rear, and side lot lines.

Dwelling, single-family detached. A building containing one dwelling unit, and located on a lot or separate building tract, and having no physical connection to a building on any other lot.

Dwelling, guesthouse. A residential dwelling, which may include living, sleeping, bathing, and kitchen facilities but is secondary to the main dwelling structure and is used solely for habitation of guests on a temporary basis and at no compensation. Includes mother-in-law units which may be occupied on a permanent basis by a family member but at no compensation to the owner.

Dwelling, two-family. A residential building containing two dwelling units.

Dwelling unit. A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping.

Easement. A grant of one or more property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Electrical generating station. A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.

Electrical substation. A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.

Electrical transmission line. A high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.

Electronics manufacturing. A facility for the production of printed circuit boards, microchips, and other electronic parts which may be assembled on site into end products such as computers, televisions, radios, and communication equipment.

Equipment yard. An area located on the same lot or separate lot as a principal use, used for outside storage of construction equipment, including vehicles and construction material.

Extended-stay hotel/motel. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stoves, and ovens.

Exterminating service. A business providing extermination services for household and business pests, including insects and rodents.

Factory outlet, retail or wholesale store. An establishment that offers goods and products to the public that are obtained directly from the manufacturer at prices that reflect savings due to the reduced cost of said direct distribution.

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

Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include five or more persons not within the second degree of kinship, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Family home. A home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.

Farming and ranching operations. A parcel of land used for general commercial agricultural uses, including crop, dairy, stock and poultry farming. Includes all the structures necessary to conduct the activity, such as barns, sheds, covers, utility structures, tack rooms and structures, coralls, windmills, water tanks, etc.

Farm machinery and implement sales and service. An enclosed area designed for sales and repair of farm machinery.

Farmer's market. The seasonal selling or offering for sale at retail prices home-grown vegetables or produce, occurring in a predesignated area, where vendors are generally individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.

Fence. An artificial enclosure or barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

Fitness studio. A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. Fitness studio may include passive exercise equipment (motorized equipment which does not require physical exertion) but exclude equipment or apparatus used for weight control or muscle building, and shall exclude massage in any form.

Flea market. An outdoor commercial activity, not including shopping centers, individual retail operations, or sales conducted by a nonprofit or charitable organization, that is open to the general public and is comprised of semi-enclosed or outdoor stalls, rooms, stands or spaces used for the purpose of display and sale, exchange, or barter of merchandise. Does not include informal garage or yard sales.

Floodplain. The channel, river, or other watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

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

Florist shop. A retail business whose principal activity is the selling of plants which are not grown on the site and conducting business within an enclosed building.

Funeral home, mortuary. A building or part thereof used for human funeral services. Such building may contain space and facilities for cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related supplies; and the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Furniture, fixture, and appliance store. A retail establishment offering home furnishings, fixtures, and appliances to the general public.

Furniture repair. An establishment dedicated to reconstruction, repair, and maintenance of household furniture on site. Includes areas used for storage of resource material used in the activity of reconstruction, repair, and maintenance as well as area for storage of pieces of furniture scheduled for repair.

Garage, private. An enclosed two-car accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles and recreational vehicles, owned and used by the owners or tenants of the premises.

Garage, public. A building or portion thereof, except as herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use. Facilities for washing may be provided.

Garage, repair. A building or space for the repair or maintenance of motor vehicles, not including factory assembly of vehicles, auto wrecking establishments, or junkyards.

Gas regulator station. A station used to regulate the flow or pressure of gas in a pipeline.

General retail store. Establishments that are retail operations which carry an assortment of merchandise from all the other categories of retail operations. Such establishments may include, but are not limited to department stores, discount stores, farm stores, and similar establishments.

Gift shop. A shop offering gifts, souvenirs, and associated products for sale.

Glare. A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Golf course, driving range. An establishment offering areas for driving of golf balls including "pitch and putt" facilities.

Golf course, miniature. An establishment offering facilities for miniature golf.

Golf course, private. Grounds and facilities used in the playing of the game of golf, for use by private membership.

Golf course, public. Grounds and facilities used in the playing of the game of golf, privately owned but open to the public for a fee and operated as a commercial venture.

Go-cart track and other motor vehicle track or facility. A private, commercial enterprise offering outdoor go-cart tracks to the general public for a fee or charge. A go-cart is a nonlicensed motorized low horsepower vehicle powered by either a gas or electrical motor to be used for the purpose of entertainment, generally having the capacity of one driver/operator. Does not include remote control vehicles.

Governmental administration facility. A building or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public.

Grade. The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Greenhouse or plant nursery. An establishment operated for commercial purposes, offering plants grown on premises and off premises and associated products for sale for use in connection with home gardening activities.

Grocery store. A retail store primarily engaged in the retail sales of all sorts of canned goods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.

Group day-care home. Means a child-care facility that provides care for seven to 12 children under 14 years of age for less than 24 hours a day.

Group home for the disabled. A dwelling shared by no more than six disabled persons or elderly and two supervisors, who live together as a single housekeeping unit and in a long-term family-like environment in which staff persons provide care, education, and participation in community activities for the residents, with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. A group home shall not be located within one-half mile of another group home. As used herein, the terms "disabled" shall mean having

(1)

A physical or mental impairment that substantially limits one or more of the person's major life activities so that such person is incapable of living independently;

(2)

A record of having such an impairment; or

(3)

Being regarded as having such an impairment. However, "disabled" shall not include current illegal use of or addiction to controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the disabled" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

Gymnasium. A building or room used for physical education and sports, which may be equipped with gymnastic or other sports-related equipment and that may have seating in which spectators may view sports activities.

Halfway house. A home for inmates 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 mainstream residents back into society, enabling them to live independently.

Hardware store. An establishment offering hand tools, small building materials, and associated convenience items for sale to the general public. Outside storage permitted by special exception.

Health club, recreation facility. An indoor facility including uses such as game courts, exercise equipment, locker rooms, jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.

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

1.

To the highest point of the roof's surface if a flat surface;

2.

To the deck line of mansard roofs; or

3.

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

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

Heliport. A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop. A landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.

Hobby shop. An establishment offering specific tools and materials and associated convenience items pertaining to personal hobby materials for sale to the general public.

Hobby studio, private. An accessory activity area used by the occupants of the premises purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.

Home improvement store. A facility selling various household goods, tools, and building materials, durable household goods, electronic equipment, household supplies, nursery products generally used in the maintenance, repair, or construction of buildings or other structures.

Home occupation. An occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof.

Hospital. An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff, and visitors.

Hotel, motel. A building or portion thereof in which ten or more guest rooms are provided for occupancy for compensation by transient guests.

Impervious coverage. Impervious area means hard-surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development.

Infrastructure. The essential facilities such as water, sewers, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the protection of the health, safety, and general welfare.

Junkyard. A facility collecting, storing, and selling, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, scrap zinc, and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition, subject to being dismantled for junk.

Kennel. A lot or premises on which four or more dogs, cats or other domestic animals at least four months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.

Kiosk—Unattended commercial kiosk. A freestanding, unattended facility, greater than 72 cu. ft., dispensing an automated retail or service product to customers outside the facility. All commerce is conducted outside of the structure with no indoor space provided. It includes the structure that protects and houses it. This use does not include automated teller machines (ATM), or facilities accepting drop off mail or shipping material.

Laboratory, medical and/or dental. A facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.

Laboratory, research. A facility for scientific laboratory research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities.

Laboratory, support. A facility for scientific laboratory analysis of natural resources, medical resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products. Forensic laboratories for analysis of evidence in support of law enforcement agencies are also included in this category.

Landscaping. Live plant material including grass, shrubs, trees, and flowering plants as required by section 6-9, landscape requirements.

Landscape service. A business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements necessary to support or sustain the landscaped surface of the ground.

Laundry, dry-cleaning full service. A retail establishment providing full service laundry and dry-cleaning services to the general public.

Laundry, dry-cleaning pickup and receiving station. A retail establishment that provides a drop-off and pick-up point for customers to leave wearing apparel or other material in need of laundry and dry- cleaning and pick up of items when laundered and/or dry-cleaned.

Laundry, dry-cleaning self service. A retail establishment providing facilities for customers to launder or dry-clean wearing apparel or other materials.

Laundry dry-cleaning and dyeing plant including diaper service. A facility that provides laundry service on a bulk basis at the industrial level, which may also have facilities to alter the color of fabrics. Customers are generally large volume users such as the restaurant industry, facilities using uniforms, hotel/motel industry, etc.

Library. Buildings and structures open for the general public, for which a fee may or may not be charged for the use of book and other media collections.

Liquor. Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor.

Lithography or print shop. A large commercial printing shop with multiple presses and capabilities.

Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Shall provide for the maneuvering of vehicles entirely on-site. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Locksmith shop. A shop that specializes in making, selling, and repairing keys, locks, and associated securing devices.

Lodge, fraternal, sorority, and clubs. An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.

Lot. A parcel of land, which is shown, on an approved plat recorded in the Palo Pinto and/or Parker County plat records.

Lot area. The area of the horizontal plane bounded by the vertical planes through front, side, and rear lot lines.

Lot, corner. A lot abutting upon two or more streets at their intersection.

Lot coverage. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot depth. The horizontal mean distance between the midpoint of the front and the midpoint of the rear lot lines.

Lot, flag. A lot with access provided to the bulk of the lot by means of a narrow corridor.

Lot, interior. A lot that is other than a corner lot.

Lot, key. A lot that has the rear yard of two or more adjacent lots abutting the side lot line of two or more of the side lots.

Lot lines. The property lines bounding a lot as defined herein.

Lot line, front. The boundary between a lot and the street on which it fronts.

Lot line, rear. The boundary line not intersecting a front lot line which is most distant and most closely parallel to the front lot line.

Lot line, side. Any lot boundary line, not a front or rear line thereof.

Lot, through. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lot(s) shall provide a front yard on each street.

Lot width. The width of a lot measured at the front building line.

Machine shop. A shop that manufactures metal products through the use of presses, stamps, and dyes.

Machinery sales or repair. A facility for the storage, repair, outside sales, or rental of heavy machinery or equipment.

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

Manufactured home park or subdivision. A parcel of land not less than three acres in size developed for rental or sale of lots for the installation for residential uses of HUD-Code manufactured housing.

Manufactured or industrialized home sales or rental. An area devoted to outside sales or rental of HUD-Code manufactured homes or industrialized housing. For off-premise residential use only.

Manufacturing facility (Light). A facility used for sub-assembly or assembly of sub-assemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other hazards.

Manufacturing facility (heavy). A facility used for the melting, molding, machining of parts and equipment for industrial purposes. Includes the assembly and sub-assembly of parts and equipment; and may consist of activities that emit noise, odor, dust, or other hazards.

Masonry. That form of construction composed of brick, stone, or decorative split face block of combination of these materials laid up unit by unit and set in mortar with a natural finish, with the exception that stucco shall be considered a masonry product. Exterior insulated finish systems (EIFS) shall only be considered a masonry product when used in conjunction with other materials defined by this ordinance as masonry products.

Meat market. A retail facility that offers meat, fish, and poultry products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises.

Meat product processing. A facility used for processing cuts of meat from off-site into finished products.

Medical, dental, and optical retail sales. An establishment offering prescription and over the counter products for sale.

Medical, dental office. Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.

Medical equipment sales, rental, and leasing service. An establishment including offices, stores, and display rooms for the display, sale, rental, and leasing of medical equipment.

Mini-warehouse. A building or group of buildings in a controlled access and fenced compound consisting of varying sizes of individual, compartmentalized, and controlled access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.

Mixed beverage. One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.

Motor freight terminal. A facility with the capability of handling a large variety of goods involving various forms of transportation and providing multi-modal shipping capabilities, such as rail to truck and truck to air.

Motorcycle sales. A facility where sales, display, preparation, and repair of motorcycles, 4-wheelers, and scooters is contained within an enclosed structure, permitting a limited amount of area for outside display.

Motor sports complex. A facility and land area dedicated to racing of vehicles, either on a circular track or on a quarter mile straight track. This includes all the staging areas, parking facilities, observation stands, and associated structures and buildings.

Movie theater, cineplex. Complex structures with multiple movie theaters, each theater capable of providing performances independent of the others in the complex. Structurally, theaters in a cineplex are grouped in a manner that allows them to share box or ticket offices, parking facilities, lobby areas, restrooms, concession stands, signs and marquee displays, and other service and maintenance facilities.

Museum. An institution for the collection, display, and distribution of objects of art or science which is sponsored by or owned and operated by the city, a public or quasi-public agency, and which facility is open to the general public.

Music store. An establishment offering music, musical instruments, and other related items for sale to the general public. Such establishment may offer repair services of musical instruments.

Natural resources mining. The process or business of extracting ore or minerals from the ground, usually involving digging or dredging of the surface but may also include tunneling. The extraction of oil and gas by drilling methods is included but is regulated separately by the city's ordinance relative to oil and gas drilling.

Nonconforming building. A building which legally existed prior to the adoption, revision, or amendment of this ordinance but that does not meet the limitations on building size or location on a lot for the district in which the building is located, or for the use being made of the building.

Nonconforming lot. A lot which was in compliance with applicable regulations prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of adoption, revision, or amendment to conform to the lot requirements for the district in which it is located.

Nonconforming structures. A building, wall, fence, tower, sign, or other similarly created object which does not meet the type, size, height or location limitations of the district in which it is located, which structure was legally existing prior to the effective date of the applicable zoning regulations.

Nonconforming use. A use of land or structure which legally existed at the time of the effective date of this ordinance, or subsequent amendments thereto, which does not conform to the use regulations of the district in which it is situated.

Nursing home. A structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.

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

Off-premises. Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off-premises consumption.

Office, business. An office in which chattels or goods, wares, or merchandise are not commercially displayed, created, sold, or exchanged.

Office machine sales and service. A shop specializing in the sale and repair of office machinery.

Office, professional. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. Including but not limited to insurance broker, public stenographers, real estate broker, stock broker, doctor, dentist, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.

Office, real estate development tract or field office. A temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.

Office supply store. A store that specializes in office supplies.

Oil and gas drilling. The act of digging, boring, or drilling a hole or shaft into the earth for the purpose of tapping and extracting an underground supply of oil or gas.

Oilfield service business. A facility where derrick rigs, pulling units, tank trucks and the associated equipment used to drill and workover oil and gas wells are officed, stored, and maintained. This also includes an establishment where vehicles and machinery used for perforation, fracing, logging, and similar treatment to an oil and/or gas well site is officed, stored, and maintained.

On-premises. Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on-premises consumption.

Open air establishment. Refers to a site that does not have walls on at least two sides and may or may not have a roof.

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

Optician shop. A shop that manufactures optical devices, especially eyeglasses.

Package store. Any facility that offers for retail sale distilled sprits in sealed containers for off premise consumption.

Paint shop/store. An establishment providing for the retail sales of products used to accent and decorate the interior and exterior wall surfaces of buildings and structures. Retail goods may consist of paint, wall papers and other coverings and the equipment and material required to apply the paint and coverings.

Park. Public or private land available for recreational, educational, cultural, or aesthetic use.

Park and ride lot. A parcel of land dedicated to parking of vehicles and designed to provide peripheral collection and storage of vehicles to accommodate commuter traffic into or out from the community, including accessory structures such as passenger shelters. Does not include the parking and overnight storage of tractor-trailer rigs.

Parking area. An area for the driving, parking, display, or storage of motor vehicles.

Parking lot, commercial (auto). A structure or lot devoted to the temporary parking of automobiles for a fee.

Parking lot, commercial (truck). A facility for temporary parking of currently commercial licensed trucks in excess of one ton, for a fee.

Parking space, off-street. For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be within any public street, alley, or right-of-way, and so that any automobile may be parked and un-parked without moving another.

Patio (garden) home. A detached, single-family unit typically situated on a reduced-size lot that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space.

Paved surface. Shall mean a dust free, all weather, impervious surface constructed of asphaltic concrete, concrete or an alternative surface as approved by the designated city official. All paved surfaces shall comply with engineering design standards as approved by the city.

Pavilion. Shall mean a usually open, often ornamental, building, sometimes resembling a canopy or tent, used for shelter, concerts, exhibits, etc., and is often located in a garden, park, or place of recreation.

Pawn shop. A shop specializing in making small loans against personal property or buying used personal goods from individuals.

Person. A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.

Pet shop. A shop offering small animals for sale, with associated goods and services.

Petroleum and industrial chemical bulk storage/processing facility. A business/facility primarily engaged in the bulk storage, warehousing, blending, repackaging, manufacturing and distribution of petroleum based products and other industrial chemicals.

Pharmacy (drug store). An establishment offering prescription and over the counter pharmaceuticals and other associated products for sale to the public.

Pharmaceutical plant. A facility where drugs and medicines are produced.

Philanthropic and/or charitable use. A nonprofit organization supported mainly by charity and whose principal function is the performance of charitable work.

Photographic equipment sales and service. A shop that specializes in the sale and repair of photographic equipment.

Photographic service. An establishment offering drop-off of film for processing, pickup of developed photographs, and related services.

Planning and zoning commission (commission). The Planning and Zoning Commission of Mineral Wells, Texas.

Plastic products manufacturing. A facility for the production of molded products constructed out of plastic, fiberglass, or other composite material.

Plat. The map, drawings or chart on which a subdivider's plan is presented and which he submits subject to approval by the planning and zoning commission and city council. The term plat includes a concept plan, preliminary plat, final plat, minor plat, amending plat, replat, or development plat, as the context may indicate. Reference to a final plat in this ordinance means an official plat of record which has been approved by the planning and zoning commission and city council and filed in the plat records of Palo Pinto and/or Parker County.

Premises. Land together with any buildings or structures occupying all or any portion of the land.

Private drive, street, or place. An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.

Property line. (See "lot line").

Public maintenance building, storage yard. A structure or yard that is used for storage of equipment, materials, or other property and that is owned and maintained by a governmental entity.

Public safety facility, police and fire. A facility for personnel who provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations, and training facilities.

Public utility. A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.

Radio, television studio. A facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or prerecorded materials for any part of the radio spectrum for commercial consumption.

Radio transmission or receiving facility. A structure or structures supporting antennas and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum including wireless communication facilities, but excluding noncommercial antenna installations for home use of radio or television.

Railroad freight terminal. A facility for the assembly or storage of freight to or from rail cars.

Recreational ranch or farm. An establishment incorporating a variety of rural uses, including sports arenas, rodeo grounds, pavilions, animal stables, and facilities, which may be rented for private parties.

Recreational vehicle (RV). A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) self-propelled or permanently towable by an automobile or light duty truck; (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; and (e) required by Texas law to have a valid vehicle registration when traveling upon public streets. It shall not include a manufactured home. Recreational vehicles will be permissible for occupancy only in recreational vehicle parks or designated recreational areas legally existing in the City of Mineral Wells. For the purpose of parking regulations, recreational vehicle shall also mean boats, trailers, and boat trailers, travel trailers, pick-up campers, motor homes, or coaches (designed to be mounted on automotive vehicles or chassis, but excluding pick-up shells, utility trailers, and the like, and cases or boxes used for transporting major recreational vehicles, whether occupied by such vehicles or not).

Recreational vehicle (RV) park. A unified development of spaces on which one or more recreational vehicles are parked or situated and used for the purpose of supplying to the public a parking space for one or more such recreational vehicles.

Recreational vehicle sales/rental. An establishment offering recreational vehicles, including watercraft, for rent and/or sale to the general public. Said facility may display, store, and maintain said vehicles on site solely for the purpose of renting said vehicles. No short or long term habitation of any recreational vehicle, including watercraft, is permitted on the site. In addition, no manufacture or repair, with the exception of light maintenance, occurs on the site.

Recreational vehicle storage (commercial). A facility or location which, upon payment of a fee, provides for the parking and storage of recreational vehicles.

Recycling collection center. A building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those materials to manufacture new products.

Recycling plant. A facility used to gather, collate, bundle and transport recyclable materials, including paper, glass, cloth, tin and other metals to various sources to reconstitute these materials into new products. Does not include salvage yards or bulk metal crushing and storage yards.

Refreshment stand. A small kiosk sized structure used for dispensing beverages and food as refreshments. May be seasonal and/or temporary regarding the use, but is generally located in a structure that is permanently affixed on a site.

Rehabilitation care facility (psychiatric and mental disorders). A facility which provides residence and/or out-patient care, with supervisory personnel, to persons regardless of legal relationship, who have demonstrated a tendency toward mental illness.

Rehabilitation care facility (substance abuse). A facility which provides residential and/or out-patient care, with supervisory personnel to persons regardless of legal relationship who have demonstrated a tendency toward alcoholism and/or drug abuse.

Rehabilitation care facility (criminal-psychiatric, mental disorders and substance abuse). A facility whose primary purpose is to provide residential and/or out-patient care, with supervisory personnel, to persons regardless of legal relationship, who have been involved in the criminal justice system or related program including parole or probation as authorized by the criminal justice system, and have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct.

Religious institution. Facilities in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or propagating a particular form of religious belief.

Rental store. An establishment that provides equipment and goods for rent by the general public to be used off site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.

Rental yard, commercial and heavy equipment. An establishment that provides heavy equipment for rent to contractors or the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure, or it may be displayed and stored outside of the primary structure on a paved surface. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.

Rental yard, domestic goods with outside storage. An establishment that provides light equipment, including buffers, shop vacs, tillers, hydraulic hammers, etc. for rent to the general public to be used off site. The storage of the rental equipment or goods may occur either within the limits of the primary structure, or it may be displayed and stored outside the primary structure. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.

Residence. Same as a dwelling; also when used with the word "district," an area of residential regulations.

Restaurant. A business establishment whose principal business is the selling of un-packaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within or adjacent to the building. Such use includes cafés, lunchrooms, and tea rooms.

Restaurant (with no drive-through service). An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises and derives at least 75 percent of its revenues from the on-premises consumption of food or nonalcoholic beverages, and which do not have a drive-through window. Such use includes cafés, lunchrooms, and tea rooms.

Restaurant, drive-in. A restaurant that offers service to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food and nonalcoholic beverages in automobiles on or near the premises.

Restaurant, drive-through. A restaurant that offers service to customers in motor vehicles at a drive-up window for consumption of food and nonalcoholic beverages off the premises.

Restaurant, refreshment stand (temporary or seasonal). Any place or premises used for sale, dispensing, or serving of food, or nonalcoholic beverages from a temporary or permanent building on a temporary or seasonal basis.

Right-of-way. A strip of land either private or public, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both; and may include the placement of utilities within its limits.

Rodeo ground/fair ground. An outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens, and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.

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

Rooming house. A building other than a hotel where lodging for three but not more than 12 persons is provided for definite periods for compensation pursuant to previous arrangement.

Salvage yard. An area for salvage of metals, and/or other fabricated products, which may include a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.

Sanitary landfill. A solid waste disposal site where waste is spread in layers, compacted, and covered with soil or other cover materials each day to minimize pest, aesthetic, disease, air pollution, and water pollution problems.

School, business college. A facility that provides a curriculum limited to the teaching of office, service, and business practices and skills.

School, college, or university. An academic institution of higher learning that is accredited or recognized by the state and that offers a program, or series of programs of academic study leading to a recognized degree or advanced degree. Including junior and senior colleges, universities, conservatories and seminaries.

School, commercial instruction. A facility that instructs and trains students in the arts, such as of music, dance, gymnastics, or martial arts, and is primarily operated on a commercial basis.

School, commercial trade. A business organized to operate for a profit which satisfies state educational requirements and offers training in a trade such as welding, brick laying, machinery operation, and similar manual trades.

School, commercial trade with residential use. A business organized to operate for a profit which satisfies state educational requirements and offers training in a trade such as welding, brick laying, machinery operation, HVAC, electrical, plumbing and similar manual trades that will also house students during training cycles in dormitory or similar residential spaces.

School, high. An institution of learning which offers instruction in several branches of learning and study required to be taught in the public schools includes junior and senior grades.

School, home. Educational activities consisting of a defined curriculum within the home.

School, home day. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than six unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given time.

School, institution, rehabilitation, and training center. A facility that provides rehabilitation and training operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.

School, primary or secondary. A public or private facility that provides a curriculum of elementary or secondary academic instruction, including pre-kindergarten, kindergarten and elementary schools.

School, vocational. A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements of a vocational facility.

Scrap tire processing facility. A facility that gathers used tires and reuses the product by grinding, shredding, and otherwise reconstituting the material for other industrial and consumer uses.

Screening element/device. Screening element (device) or suitably screened as herein referred, shall mean any of the following:

1.

Any solid structure constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent type material, the vertical surface of which is not more than 30 percent open; or

2.

Any dense evergreen hedge or plant material suitable for providing a visual barrier, which shall be maintained in a healthy growing condition;

3.

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge or other dense planting material.

Semi-trailer. A vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.

Setback, building. The minimum horizontal distance between the front wall of any projection of the building (excluding steps) and the street line. (Same as "building line.")

Sexually oriented business. Means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theatre, adult video arcade, adult movie arcade, adult video store, adult motel, or 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.

Shoe repair. An establishment offering shoe repair service to the general public.

Shooting range, indoor. A facility, totally enclosed by walls, established with the goal of making a profit by providing individuals with a place to participate in organized or casual target shooting using firearms.

Shooting range, outdoor. A facility located in the outdoors without the protection of walls but with the protection of berms and other structures designed to retain projectiles discharged from firearms. The facility is established with the goal of making a profit by providing individuals with a place to participate in organized or casual target shooting using firearms.

Sign shop, painted or silk-screened. A retail business offering signs and banners for sale.

Site plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

Skating rink. An establishment which provides facilities for ice or roller-skating.

Small engine repair. A use conducted totally inside a building involving maintenance and repair of low-power internal combustion engines or electric engines. Equipment repaired includes, but is not limited to, chain saws, string trimmers, leaf blowers, snow blowers, lawn mowers, wood chippers, go-karts and sometimes more powerful engines used in outboard motors, snowmobiles, and motorcycles. Unless otherwise provided by this ordinance, activities, including storage and display, are contained totally within the limits of the building.

Smoke/tobacco shop. An establishment which sells tobacco products such as cigarettes, cigars, chewing tobacco, snuff, pipe tobacco, and tobacco paraphernalia and which prohibits minors to enter or remain upon the premises, unless the minor is accompanied by the minor's parent.

Solid waste transfer facility. A facility where solid waste materials, including yard waste, demolition materials, and household refuse are transferred from small vehicles to large trucks for efficient transportation to landfills, recycling centers, and other disposal sites.

Special exception. A use that would not be generally appropriate without restriction throughout a zoning district, but which, if controlled as to number, area, location, intensity, or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted as special exceptions by the board of adjustment, after public hearing thereon.

Special home for the disadvantaged. A dwelling shared by disadvantaged persons and staff persons, who live together as a single housekeeping unit and in a long-term family-like environment in which staff persons provide care, education, and participation in community activities for the residents, with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. A special home shall not be located within 1,000 feet of another special home or group home. As used herein, the terms "disadvantaged" shall mean having a social circumstance that significantly limits the ability to freely live under previously established conditions and environment due to physical abuse, medical conditions (including battered children, spouses and pregnancies), or situations where persons are placed in the home resulting from a court order or other action of the court. The term "special home for the disadvantaged" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

Specific use. A building, structure, and/or use which complies with the applicable regulations and standards governing specific uses of the zoning district in which such building, structure, and/or use is located, and for which a permit is granted defining such conditions.

Stable, Commercial. A building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire, including a riding track.

Stable, Private. A building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale.

Stockyard. An area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.

Stone monument sales. A retail establishment offering for sale stone monuments produced off-premises, excluding cutting of slabs.

Storage and warehousing establishment. A facility that is constructed such that large quantities of products or goods may be stored for extended periods of time. Said facility may be equipped with loading ramps and docks that facilitate the loading and off-loading of semi-trailer vehicles.

Storage Yard. Facilities to store any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials outside at ground level.

Story. That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level.

Street. A public way between two right-of-way lines (other than an alley or private drive) which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.

Street Line. The right-of-way line of a street.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings and mobile homes.

Structural Alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the city building code.

Studio. A facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, dance, but not including commercial gymnasium or dance hall.

Swimming pool. A recreational structure designed and intended for water contact activities and constructed in an artificial basin of water, either above ground, below ground, or partially below ground, not wholly enclosed within a building, having a depth at any point in excess of 30 inches and a surface area exceeding 150 square feet and intended for use by persons for the purpose of immersion, partial immersion, or swimming, and including all appurtenant equipment.

Swimming pool, commercial. A swimming pool and accessory facilities not part of the municipal or public recreation system, and not a private swim club, but where the facilities are available to the general public for a fee.

Swimming pool, private. A swimming pool and accessory facilities constructed for the exclusive use of a single-family dwelling, duplex, or multi-family dwelling or combination thereof, including pools owned and/or controlled by a neighborhood organization.

Tanning studio. Any business that uses artificial lighting systems or other means to produce a tan on an individual's body. This use specifically excludes spas, gymnasiums, athletic clubs, health clubs, and any exercise equipment.

Tattoo studio. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin.

Taxidermist studio. A retail establishment offering for sale to the public the products produced by a taxidermist at a separate location.

Taxidermist shop. An establishment offering the services of taxidermy.

Telecommunications, wireless facility. A facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, telecommunication towers or monopoles, or similar structures supporting said equipment, equipment buildings, shelters or cabinets, and other accessory development. Includes personal wireless services as defined in the Federal Telecommunications Act of 1996, and as subsequently amended, but shall not include the following: Federally-licensed amateur radio stations and facilities used exclusively for receive-only antennas.

Telephone exchange, switching, or relay. A facility for the exchange, switching, relaying, or transmission of telephone services, not including public office facilities, storage, or repair facilities.

Textile manufacturing. Includes knitting, weaving, printing, and finishing of textiles and fibers into fabric goods.

Theater, indoor motion picture. An establishment offering motion pictures for viewing by the public.

Thoroughfare. Those public streets designated on the City of Mineral Wells Thoroughfare Plan as "thoroughfares".

Trailer. A vehicle that is designed or used to carry a load wholly on its own structure; and is drawn or designed to be drawn by a motor vehicle.

Utility building and structures. A building or structure which is the site for utility operations such as telephone, gas, cable television, power substations, water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as pump and lift stations.

Variance. A variance is a relaxation by the board of adjustment of the dimensional, yard area, building size, lot coverage and parking regulations of the zoning ordinance, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship.

Vehicle. As used herein shall include motor vehicle, motorcycle, trailer and semi-trailer.

Vehicle consignment lot. A vehicle consignment lot is any property where merchandise, particularly automobiles, trucks, motorcycles, trailers and/or recreational vehicles of all types, is displayed, in the open, for the purpose of resale by the owners of the merchandise or is held by another for the owner of the merchandise with the intention of resale. Such resale is provided as a service for which a fee is charged for either the resale service or for the right to use the property by the merchandise owner for such resale.

Veterinary hospital with outside pens. An office and clinic of a doctor of veterinary medicine for small domestic animal practice, including outside treatment pens.

Veterinary hospital without outside pens. An office and clinic of a doctor of veterinary medicine for small domestic animal practice, without outside treatment pens.

Veterinarian office, large animal practice. The offices of a doctor of veterinary medicine with on site treatment of large domestic animals, which may consist of livestock and/or other farm animals and may include outside treatment pens, shelters, or barns.

Veterinarian office, small animal practice. The offices of a doctor of veterinary medicine with on site treatment of small domestic animals, which consist primarily of household pets and animals that are not sheltered in pens or barns (excluding dog runs and pens).

Video/game rental. A commercial establishment that provides as a service a library of video movies and video games which may be rented on a short-term basis and returned for reuse.

Watch and/or jewelry sales and repair. An establishment offering watches and jewelry for sale to the public, and offering repair services for jewelry, watches, and similar items.

Water park. An amusement park consisting of wave pools, water slides elevated above the natural grade of the topography, and related recreational facilities.

Warehousing and freight office and storage. A use engaged in storage, wholesale sales, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Welding or machine shop. A facility for the machining and welding of metals, not including forging or structural welding.

Wholesale establishment. A facility used for the purpose of selling merchandise and services, usually below the normal retail level. Stores may range in size from small shops to large modern shopping malls and supermarkets.

Wind turbine generator. A tower, pylon, or other structure, including all accessory facilities, upon which any, all, or some combination of the following are mounted:

(1)

A wind vane, blade, or series of wind vanes or blades, or other devices mounted on a rotor for the purpose of converting wind kinetic energy into electrical energy.

(2)

A shaft, gear, belt, or coupling device used to connect the rotor to a generator, alternator, or other electrical or mechanical energy-producing device.

(3)

A generator, alternator, or other device used to convert the mechanical energy transferred by the rotation of the rotor into electrical energy.

Wine. A product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers and other alcoholic beverages made in the manner of wine, including sparkling and carbonated wine, vermouth, cider, sake, and perry.

Winery. An establishment required to hold a winery permit under V.T.C.A., Alcoholic Beverage Code ch. 16, as amended.

Yard, front or street. A yard across the full width of the lot extending from the building line to the front line of the lot abutting a street.

Yard, rear. A yard between the rear lot line and the rear line of the main building and the side lot lines.

Yard, side. A yard between the building and the sideline of the lot and extending from the front yard to the required minimum rear yard.

Zoning district map. The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

(Ord. No. 2010-21, § 1, 11-16-2010; Ord. No. 2011-18, § 4, 6-19-2011; Ord. No. 2012-01, § 1, 1-17-2012; Ord. No. 2012-10, § 1, 6-19-2012; Ord. No. 2016-15, § 1, 8-2-2016; Ord. No. 2017-07, § I, 3-21-2017; Ord. No. 2019-02, § 2, 2-5-2019; Ord. No. 2020-22, § 3, 12-15-2020; Ord. No. 2021-21, § 3, 11-2-2021; Ord. No. 2022-09, § 3, 3-15-2022)

It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted use shall be made as follows:

A.

ADMINISTRATIVE OFFICIAL ACTION: The administrative official may refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, hazardous materials, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

B.

PLANNING AND ZONING COMMISSION ACTION: The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and shall determine the zoning district or districts within which such use should be permitted.

C.

CITY COUNCIL ACTION: The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new unlisted use. The city council may, by ordinance, approve the recommendation of the commission or make such determination concerning the classification of such use as is determined by the council to be appropriate.