All provisions, terms, phrases and expressions contained in this chapter shall be constructed in accordance with the chapter's stated purposes.

(Ord. No. 2008-021, § 2(25-21), 10-13-2008)

In cases of any difference of meaning or implication between the text of this chapter and any drawing, figure, or illustration, the text shall control.

(Ord. No. 2008-021, § 2(25-22), 10-13-2008)

The time period within which an act is to be carried out shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for a public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. Time-related terms shall have the meanings ascribed below:

(1)

The term "day" means a calendar day unless working day is specified;

(2)

The term "week" means seven calendar days;

(3)

The term "month" means a calendar month; and

(4)

The term "year" means a calendar year, unless a fiscal year is indicated.

(Ord. No. 2008-021, § 2(25-23), 10-13-2008)

Whenever a provision appears requiring a department head or some other officer or employee to perform an act or duty, it shall be construed as authorizing that department head or other officer to delegate responsibility for performing the required act to other city employees, unless the provision specifies otherwise.

(Ord. No. 2008-021, § 2(25-24), 10-13-2008)

Terms and phrases shall be construed according to the common and approved usage of the language, but technical terms and phrases that may have acquired a specific meaning in law shall be construed and understood according to such meaning.

(Ord. No. 2008-021, § 2(25-25), 10-13-2008)

All public officials, bodies and agencies to which reference is made are those of the city, unless otherwise indicated.

(Ord. No. 2008-021, § 2(25-26), 10-13-2008)

The term "shall" is always mandatory. The term "may" is permissive.

(Ord. No. 2008-021, § 2(25-27), 10-13-2008)

Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:

(1)

The term "and" indicates that all items, conditions, provisions or events are connected; and

(2)

The term "or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

(Ord. No. 2008-021, § 2(25-28), 10-13-2008)

Terms used in the past or present tense include the future as well as the past and present tense, unless the context clearly indicates the contrary. The singular shall include the plural and the plural shall include the singular, as the context suggests. Terms of one gender shall apply to persons regardless of gender.

(Ord. No. 2008-021, § 2(25-29), 10-13-2008)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use oraccessory structure means a use or structure that is subordinate to and serves a principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience and necessity of occupants of the principal use or structure served; and is located on the same lot as the principal use or structure served.

Agriculture means the use of land or buildings for agricultural uses such as farming; dairying; pasturage agriculture; horticulture; floriculture; viticulture; and animal and poultry husbandry, except for agricultural uses that produce noxious odors, including the raising of hogs, pigs, or other livestock fed from garbage or offal; and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Alternative financial services businesses means a business which is used for check cashing, payday advances or loans, money transfers, motor vehicle title loans, or a credit access business. This definition excludes a state or federally chartered bank, savings and loan association or credit union, pawnshop, convenience store, supermarket, or other retail establishment where consumer retails sales constitute at least 75 percent of the total gross revenue generated on site.

Arterial street means those streets designated as arterial or future arterial on the city's major thoroughfare plan, included as part of Comprehensive Plan 2010, or constructed as such in accordance with chapter 32, subdivision regulations.

Assisted living facility or elderly housing, high intensity means an assisted living facility or elderly housing use that has the physical appearance of a multi-family dwelling development.

Assisted living facility or elderly housing, low intensity means an assisted living facility or elderly housing use that has the physical appearance of a single-family dwelling development.

Automated teller machine (or ATM) means a stand-alone electronic telecommunications device, not located on the same premises as a bank, credit union, or other financial services institution, that enables customers of financial institutions to perform financial transactions, such as cash withdrawals, deposits, funds transfers, or account information inquiries, at any time and without the need for any direct interactions between customers and staff.

Automobile sales means the use of land or buildings for display and retail sales of new or used automobiles generally, which may include light trucks or vans, trailers, or recreation vehicles, and including any vehicle preparation or repair work conducted as an accessory use.

Automobile wrecking yard means the use of land or buildings for the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot of two or more motor vehicles which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.

Buffer strip means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.

Check cashing business means an establishment that provides one or more of the following: an amount of money that is equal to the face of a check or the amount specified in a written authorization for an electronic transfer of money, less any fee charged for the transaction; or an agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or the cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any other person or entity for a fee.

Church or place of worship means the use of land or buildings for regular assembly of people for worship and intended primarily for propagating a particular faith or religious belief.

Clear view triangle means a triangle clear of all obstructions to viewing including, but not limited to, fences, landscaping, and other natural or manmade objects to allow people to see oncoming traffic.

Collector street means those streets designated as collector on the city's major thoroughfare plan, included as part of Comprehensive Plan 2010, or constructed as such in accordance with chapter 32, subdivision regulations.

Commercial means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

Convenience retail means an establishment offering for retail sale prepackaged food products, household items and other goods commonly associated with the same, and having a gross floor area of less than 5,000 square feet.

Credit access business has the same meaning as defined in section 393.601 of the Texas Finance Code, as amended.

Day care center means an establishment providing nonmedical care, protection and supervision for individuals on a regular basis, away from their primary residence for less than 24 hours per day. The term includes nursery schools, preschools and day care centers for adults and children.

Density means the number of dwelling units for each acre of land, calculated by dividing the total number of dwelling units in a development by the total acreage of the area of the development (including all lots, streets, easements, open space, water areas and lands with environmental constraints).

Dwelling means a building or portion of a building that is arranged, occupied or intended to be occupied as living quarters by one family and includes facilities for sleeping, cooking and sanitation.

Dwelling, multifamily, means all dwellings which share a common wall between units (e.g., townhomes, condominiums, apartments, etc).

Dwelling, single-family detached, means all dwellings which are freestanding, on their own platted lots, and do not share any physical connection with another building.

Eating and drinking place means an establishment where the principal business is the sale of food or beverages in a ready-to-consume state. Typical uses include restaurants, bars, lounges, nightclubs and other similar uses.

Family means any number of individuals, related by blood, marriage, or adoption, and domestic servants for such a family, or a group of not more than four persons who are not so related, living together as a single nonprofit housekeeping unit doing their own cooking.

Future grand parkway means the proposed grand parkway, which is identified conceptually as future grand parkway (S.H. 99) on the city's major thoroughfare plan, included as part of Comprehensive Plan 2010.

Group homes means places of residence licensed by the state for the rehabilitation, instruction, and therapy of people with a disability or delinquency. For the purposes of this chapter, group homes are considered institutional uses (see hospital).

Height, building, means the vertical distance between the average finished grade along the front of a building and the:

(1)

Highest point of the coping of a flat roof;

(2)

Deck of a mansard roof; or

(3)

Ridge line of a gable, hip or gambrel roof.

Home occupation means any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling.

Hospital means an institution that is licensed by the state or operated by an agency of the government to provide medical, surgical, psychiatric or emergency medical services to sick or injured persons, primarily on an in-patient basis. The term "hospital" shall not include nursing homes.

Industry, heavy, means an establishment engaged in the basic processing and manufacturing of products predominantly from extracted or raw materials; or the bulk storage and handling of such products and materials; or a use engaged in the storage of, or manufacturing processes involving, flammable or explosive materials; or storage or manufacturing processes that involve potentially hazardous materials or materials commonly recognized as offensive.

Industry, light, means an establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Interactive teller machine (or ITM), also known as a personal teller machine (or PTM), means a stand-alone electronic telecommunications device, similar to an automated teller machine (ATM), not located on the same premises as a bank, credit union, or other financial services institution, that enables customers of financial institutions to perform financial transactions, and that includes live video or audio interactivity between customers and staff, and that may include additional types of transactions not customarily available from an ATM.

Interstate highway means Interstate 10, which is identified as interstate highway on the city's major thoroughfare plan, included as part of Comprehensive Plan 2010.

Library means a publicly operated facility housing a collection of books, magazines, audiotapes and videotapes, or other material for use by the general public.

Local street means those streets designated as local on the city's major thoroughfare plan, included as part of Comprehensive Plan 2010, or any other streets that are not designated as arterial, collector, interstate highway, future grand parkway, or private on the plan, or any street constructed as such in accordance with chapter 32, subdivision regulations.

Lot means a parcel of land that is, or is intended to be, separately owned, developed and otherwise used as a unit.

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

Lot line means a line dividing one lot from another lot or from a street or alley.

Major thoroughfare means those streets designated as arterials and collectors on the city's major thoroughfare plan, included as part of Comprehensive Plan 2010, or constructed as such in accordance with chapter 32, subdivision regulations.

Manufactured home means a factory-built, single-family dwelling manufactured on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as defined in this section.

Mobile home means a factory-built, single-family dwelling manufactured 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. The term does not include a recreational vehicle as defined in this section.

Motor title loan business means an establishment that makes small consumer loans of $2,500.00 or less that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the vehicle.

Noncomplying structure means buildings and structures constructed prior to (date ordinance takes effect) that do not comply with the standards of the zoning district in which such buildings or structures are located.

Nonconforming use means uses that were established prior to (date ordinance takes effect) that do not conform to the use regulations of the zoning district in which such uses are located.

Nonresidential means any use other than single-family detached, single-family attached, duplex, or multifamily dwelling.

Nursing home means an institution that is licensed by the state to provide in-patient services for persons needing regular medical attention and bed care services on a 24-hour basis, but excluding hospitals.

Office means an establishment providing executive, management, government, administrative or professional services, including out-patient medical services.

Park and recreation means a tract of land maintained by the federal, state or local government for the recreation and enjoyment of the general public.

Payday advance orloan business means an establishment that makes small consumer loans of $2,500.00 or less, usually backed by postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed upon term or until a customer's next payday and then cashed unless the customer repays the loan to reclaim the check or debit. Such establishments may charge a flat fee or other service charge and a fee or interest rate based on the size of the loan amount.

Planned unit development or PUD means a contiguous area to be developed as a single entity according to a unified site design plan, containing one or more of the following uses:

(1)

Residential;

(2)

Office;

(3)

Commercial;

(4)

Industrial;

(5)

Public or quasi-public; or

(6)

Any combination of the same.

Principal use orprincipal structure means a use or structure that is the primary and chief purpose for the use of land or buildings on a lot.

Private street means a street or road located on land which is not in public ownership, but which may be open for public access.

Recreational vehicle means a vehicular-type portable structure without a permanent foundation that can be towed, hauled or driven, is primarily designed as a temporary living accommodation for recreational, camping and travel use and includes, but is not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

Recreational vehicle park means any lot of land upon which one or more recreational vehicles are located, established, or maintained for occupancy as temporary living quarters.

Retail means an establishment engaged in the sale or rental of goods, merchandise or services, but excluding eating and drinking places. (See also convenience retail.)

Safety services means a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

School means the use of a site for instructional purposes on an elementary or secondary level, approved under the regulations of the state.

Screening means walls, fences, vegetation or landscaped earth berms maintained for the purpose of concealing from view the area behind such fences, vegetation or berms.

Setback is the minimum distance which a building or other structure must be set back from property or lot line.

Sexually oriented business means an establishment consisting of, including, or having the characteristics of, but not limited to, any or all of the following:

(1)

Adult cabaret. An establishment devoted to adult entertainment presenting materials distinguished or characterized by their emphasis on matters depicting, describing, or relating to sexual activities or anatomical genital areas or that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

(2)

Adult motion picture theater. An enclosed building or outdoor facility used for presenting motion pictures depicting, describing, or relating to sexual activities or anatomical genital areas.

(3)

Adult store. An establishment having as a substantial or significant portion of its stock in trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matters depicting, describing, or relating to sexual activities or anatomical genital areas, or instruments, devices, or paraphernalia which are designed for use in connection with sexual activities.

Single-family residence means a structure that is detached from other structures or units that is designed primarily for the use of one family and has a kitchen and a bathroom and sleeping areas.

Special use means a use or structure which does not specifically, or without special restriction, conform to the regulation of the zoning district in which it is located, but which if controlled as to number, area, location or relation to the neighborhood is deemed to promote the health, safety or general welfare of the residents of the city, and for which a special use exception or condition has been recommended by the planning and zoning commission and approved by the city council in accordance with the special use permit allowed under this chapter. Such conditions shall include, but not be limited to, site plan review, general plan submission, restrictive deed covenants and regulations, additional landscaping, and other conditions as appropriate and determined by the planning and zoning commission and/or the city council.

Truck stop means any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage, or report of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities primarily for the use of truck crews.

(Ord. No. 2008-021, § 2(25-37), 10-13-2008; Ord. No. 2014-012, § 1, 4-14-2014; Ord. No. 2019-006, § 2, 2-11-2019; Ord. No. 2020-010, § 2, 6-22-2020; Ord. No. 2020-021, § 2, 10-12-2020; Ord. No. 2022-009, § 2, 2-28-2022)

For the purposes of interpreting and administering the provisions of this chapter, the terms defined in this division shall be given the meanings set forth in section 42-72. All other terms shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of dispute over the meaning of a term not defined here or over the application of a definition set forth here, the city planner shall give an interpretation in accordance with sections 42-127 and 42-277(3)c.

(Ord. No. 2008-021, § 2(25-36), 10-13-2008)

The provisions of this section shall govern interpretations regarding the location of zoning district boundaries shown on the official zoning map.

(1)

District boundaries following property lines. District boundaries shown as approximately following property lines shall be construed as following such property lines.

(2)

District boundaries following right-of-way lines. District boundaries shown as approximately following right-of-way lines of a street, highway, alley, railroad or other identifiable boundary shall be construed as following such right-of-way line or identifiable boundary.

(3)

District boundaries not following identifiable features. On unsubdivided land, or in instances where a zoning district boundary follows no identifiable feature, the location of zoning district boundaries shall be determined by using the map scale appearing on the official zoning map, unless the district line is indicated by dimensions printed on the official zoning map, in which case the printed dimensions shall control.

(4)

Street abandonments. Wherever any street, alley or public way is abandoned or vacated by official action of the city council, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the centerline of such abandonment or vacation and all area included in the abandonment or vacation shall be subject to the regulation of the extended districts.

(5)

Uncertainties. Where existing physical or natural features contradict those shown on the official zoning map or in case any other uncertainty exists, the location of district boundaries shall be determined by the city planner.

(Ord. No. 2008-021, § 2(25-46), 10-13-2008)

If the city planner determines that a proposed use is not a listed use or there is some ambiguity of its proper classification under the land use matrix, the city planner will make a determination regarding the appropriateness of the activity to the zone and surrounding uses. Challenges to the city planner's determination shall be made to the board of adjustment not more than 30 days after receipt of the written notification.

(Ord. No. 2008-021, § 2(25-47), 10-13-2008)

The regulations of this division shall govern the rendering of written interpretations of the provisions of this chapter.

(Ord. No. 2008-021, § 2(25-51(intro. ¶)), 10-13-2008)

The city planner shall have authority to make all written interpretations concerning the provisions of this chapter.

(Ord. No. 2008-021, § 2(25-51), 10-13-2008)

A request for interpretation shall be submitted to the city planner in a form established by the city administrator and made available to the public.

(Ord. No. 2008-021, § 2(25-52), 10-13-2008)

Within ten days after a request for interpretation has been submitted, the city planner shall:

(1)

Review and evaluate the request in light of the text of this chapter, the official zoning map, the comprehensive plan and any other relevant information;

(2)

Consult with other staff, as necessary; and

(3)

Render an opinion.

(Ord. No. 2008-021, § 2(25-53), 10-13-2008)

The interpretation shall be provided to the applicant in writing and sent to the applicant by mail.

(Ord. No. 2008-021, § 2(25-54), 10-13-2008)

The city planner shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection during normal business hours.

(Ord. No. 2008-021, § 2(25-55), 10-13-2008)

Appeals of written interpretations made by the city planner shall be taken to the board of adjustment within 30 days after receipt of the interpretation. In considering such an appeal, the board of adjustment shall consider the interpretation and public testimony in light of the comprehensive plan, this chapter and the official zoning map, whichever are applicable. The board of adjustment shall modify or reject the interpretation only if it is not supported by substantial competent evidence or if the interpretation is contrary to the comprehensive plan, this chapter, or the official zoning map.

(Ord. No. 2008-021, § 2(25-56), 10-13-2008)