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North Richland Hills
City Zoning Code

ARTICLE I

IN GENERAL

§ 118-1 Definitions.

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:
Abandoned
means when a building, lot or structure has become vacant or out of use for a continuous period as specified in this chapter, or when the intention of the owner to permanently discontinue occupancy of the premises is apparent.
Abutting property
means property sharing a common boundary with an adjacent property; however, property abutting upon a street, railroad, or lake shall not be considered as abutting property.
Accessory building
means a building or structure detached from the principal building, the use of which is incidental and subordinate to the principal building.
Accessory use:
See "incidental use."
Acupuncture clinic
means a place of business that advertises or offers acupuncture and is licensed by the Texas State Board of Acupuncture Examiners in accordance with Chapter 205 of the Texas Occupations Code, as amended.
Adjacent
means in close proximity to; "next to" or "closest to" but not necessarily "touching."
Adult entertainment establishment.
(1) 
The term "adult entertainment establishment" means:
a. 
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center; and/or
b. 
Any establishment whose principal business 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 its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity.
(2) 
The term "adult entertainment" shall not be construed to include:
a. 
Any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses, licensed athletic trainers;
b. 
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;
c. 
Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or
d. 
Any activity conducted or sponsored by any state independent school district, licensed or accredited private school or public or private college or university.
Airport or landing field
means any area of land designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
Alley
means a public or private way which affords only a secondary means of access to abutting property.
Alternative financial establishment
means a check cashing business, payday advance or loan business, money transfer business, precious metal dealer, bail bonds business or car title loan business.
Amendments
means changes made in the text or map of this chapter.
Amusement arcade
means a building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are present and maintained as the primary use.
Amusement, commercial (outdoors),
means 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 including, but not limited to, a golf driving range, archery range and miniature golf course.
Apartment
means a room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence by a single family.
Apartment house
means one or more buildings designed, built, rented, leased, or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.
Architectural lighting
means lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.
Assisted living center
means a quasi-residential facility where room, board, and personal services are provided within a structure containing multiple living quarters for seven or more elderly persons who are not related to the owner. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance, or administration of medication by a person licensed to administer medication, as defined by the Personal Care Facility Licensing Act, V.T.C.A., Health and Safety Code § 247.002.
Atmospheric pollution
means the discharging from stacks, open storage, chimneys, exhausts, vents, ducts, openings or open fires of such air contaminants containing visible emissions, sulfur dioxide, particulate matter, hydrocarbons, fumes or similar material or gases which are regulated by state or federal guidelines.
Auto laundry
means a building, or portion thereof, containing facilities for washing automobiles by using production line methods.
Auto shade cover
means a structure that supports a flexible membrane canopy whose purpose is to provide shade and/or protection from hail over an area where automobile, trucks, recreational vehicles, boats, and similar vehicles are displayed for commercial purposes.
Auto/truck dealer (new)
means a facility which displays primarily new vehicles for sale outdoors and may also provide a full line of services such as repair, tune-up, paint and body repair and auto or truck parts sales as accessory uses.
Auto/truck dealer (used)
means a lot, or portion thereof, in which the primary function is for the display and sale of previously owned automobiles or trucks that are in condition to be driven on or off the lot.
Automobile
means a motor vehicle as defined by the state motor vehicle laws published by the state department of public safety.
Automobile dealership
means a commercial business which conducts the retail sales of automobiles. A single dealership may have one certificate of occupancy, but may be the authorized dealer for one or more lines of automobiles.
Automobile impoundment lot
means an accessory use where vehicles owned by someone other than the property owner are temporarily stored.
Automobile inspection station
means a facility which performs inspections of and affixes inspection stickers to vehicles for compliance with applicable state motor vehicle inspection laws. No repairs are performed other than the minor replacement of items associated with the automobile inspection process.
Automobile lubrication center
means facilities which perform retail sales of motor fuels and perform routine tune-up services of motor vehicles, including the replacement of elements and fluids which are expected to be routinely replaced on a frequent basis such as engine oils, lubrications, brake fluids, transmission and power steering fluids, spark plugs, and filters.
Automobile repair
means general repair or replacement of parts, tires, tubes, and batteries; diagnostic services; reconditioning of engines; general servicing such as grease, oil, spark plug, and filter changing; tune-ups; towing and emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making repairs necessary to pass said inspection; normal servicing of air conditioning systems; and other similar services for motor vehicles, except paint and body repair.
Background noise
means noise from all sources other than that under specific consideration, including traffic operating on public thoroughfares.
Bank or financial institution
means an establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This includes business activities listed under SIC Codes 60 and 61 but excludes pawnshops, check cashing businesses, payday advance/loan businesses, money transfer businesses and car title loan businesses.
Bar
means an establishment, licensed by the State for the sale of alcoholic beverages, that derives 75 percent or more of its gross revenue from the sale or service of alcoholic beverages for on-premise consumption. (Reference Chapter 109, Texas Alcoholic Beverage Code, as amended).
Basement
means a basement or cellar is a story wholly or partly (at least 50 percent) measured from floor to ceiling, below the average level of the ground surrounding the building.
Block
means a piece or parcel of land platted as a block on a plat officially adopted by the city and recorded in the county records.
Blood plasma collection facility
means a building or area used primarily for the performance of plasmapheresis, which is the procedure whereby whole blood is removed from the plasma donor by venipuncture or phlebotomy, the plasma is separated from the whole blood for sale or transfer, and the formed elements of the blood are returned to the donor. This definition does not include "blood bank" as defined by V.T.C.A., Health and Safety Code § 162.001.
Board of adjustment
means the quasijudicial body, appointed by the city council, authorized by state statutes to consider requests for variances from or interpretations of this chapter. (See division 4 of article II of this chapter.)
Boarder, lodger or roomer
means a person who resides in a rented room of another person's dwelling, other than a hotel or motel.
Boardinghouse or roominghouse
means a multifamily residential use, including congregate housing, providing lodging, meals, common eating, living, and sanitary facilities for five or more persons, but not exceeding 20 persons, with two or more rooms that are rented or intended to be rented, but which rooms, individually or collectively, do not constitute separate dwelling units.
Breezeway
means a structure entirely open except for roof and supporting columns which connect a residence and an accessory building on the same lot.
Brewery
means a facility that (1) manufactures, bottles, packages, and labels malt liquor, ale, and beer; or (2) sells finished products to wholesalers/distributors; and/or (3) performs any other activity authorized by Chapter 12, Brewer's Permit, of the Texas Alcoholic Beverage Code, as amended.
Brewpub
means a facility that (1) manufactures, brews, bottles, cans, packages, and labels malt liquor, ale, and beer; (2) sells or offers without charge malt liquor, ale or beer produced by the brewpub to ultimate consumers for consumption on or off the premises; and/or (3) performs any other activity authorized by Chapter 74, Brewpub License, of the Texas Alcoholic Beverage Code, as amended.
Buffer area
means a strip of land or an area, usually landscaped, and established to separate one type of land use from another land use.
Building
means any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
Building, detached,
means a building surrounded by yards or open space on the same building lot.
Building envelope
means the maximum buildable area remaining on a lot when the front, side and rear yard set backs are met.
Building front
means that portion of a building in which the primary entrance is located.
Building height
means the vertical distance measured from the ground level to the highest point of the roof surface.
Building line
means a line which coincides with the perimeter of the building envelope, over which no part of a building shall extend, unless otherwise permitted in this chapter.
Building line, front,
means a line located a minimum horizontal distance from a front lot line parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this chapter.
Building line, rear,
means a line located a minimum horizontal distance from a rear lot line, if any, and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this chapter.
Building line, side,
means a line located a minimum horizontal distance from a side lot line, if any, and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this chapter.
Building lot
means a parcel of land containing a building site which satisfies the requirements of this chapter and the subdivision regulations (chapter 110 of this Code) and is ready for the issuance of a building permit for a structure.
Building, main,
means a building in which the principal use is located or conducted.
Building, mixed,
means a building which contains more than one type of occupancy classification as defined by the Uniform Building Code.
Building official
means the official of the city charged with responsibility for issuing permits and enforcing the building code.
Building, residential,
means a building which is arranged, designed, used or intended to be used for residential occupancy.
Canopy
means a roof-like structure of a permanent nature which projects from the wall of a building or overhangs a public way.
Car title loan business
means an establishment that makes small, short-term consumer loans that leverage the equity value of a car or other collateral where the title to such vehicle is owned free and clear by the loan applicant any an existing liens on the car or vehicle cancel the application, and where failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car of vehicle. This excludes state or federally-chartered banks, savings and loan associations, or credit unions engaged primarily in the business of making longer term loans and which make loans that leverage the total equity value of a car or vehicle as collateral.
Car wash
means a self-service facility for cleaning automobiles one at a time.
Carport
means a roofed structure open on two or more sides and designed to provide shelter for an automobile.
Cemetery
means land used or intended to be used for the interment of human and pet remains, and dedicated for cemetery purposes including crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
Certificate of occupancy
means a written document signed by the building official authorizing a use described in the table of permitted uses (division 3 of article V of this chapter) at a specific location.
Check cashing business
means an establishment that provides to the customer an amount of money that is equal to the fact of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time, the business of cashing checks, warrants, drafts, money orders or other commercial paper serving the same purpose for compensation by any person or entity other than a retail seller engaged primarily in the business of selling consumer goods, including consumables to retail buyers, that cashes checks or money orders or issues money orders or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business. This definition excludes a state or federally-chartered bank, savings and loan associations, credit union, pawnshop, grocery store or gas station so long as the gas station does not conduct more than 100 such transactions within any calendar month.
Church
means a place of public worship and religious training including the on-site housing of ministers, rabbis, priests, runs and similar staff personnel.
City council
means the governing and legislative body of the city.
City manager
means the chief professional city administrative officer of the city.
Civic club facility
means a building or portion of a building, together with the grounds and related facilities, primarily used by an association of persons for periodic meetings to promote special purpose activities such as literature, science, or civic improvements, and includes lodges, fraternal organizations and social clubs.
College or university
means an academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study.
Color temperature
means a description of the warmth (oranges and yellows) or coolness (blues) of a light source as measured in Kelvins. Warm light is considered between 2700 Kelvin and 3000 Kelvin. Cool light is considered between 3600 Kelvin and 5500 Kelvin.
Color Rendering Index (CRI)
means the relative ability of a light source to replicate true colors. It is measured as a number between zero and 100.
Commercial amusement, indoor,
means an amusement or entertainment enterprise wholly enclosed and operated within a building as a commercial activity. This includes, but is not limited to, skating rinks, indoor swimming, indoor tennis courts, boxing, and wrestling. These activities do not include functions or facilities being operated by a public school, church or government entity as a noncommercial activity.
Community center
means 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.
Community club facility
means a building or portion of a building, together with the grounds and related facilities, used primarily by an association of residents for social, fraternal and recreational purposes.
Community home for disabled persons
means a residential home operated by the state department of mental health and mental retardation, a community center organized under section 3.01 of the Texas Mental Health and Mental Retardation Act, a nonprofit corporation, or an entity certified by the state department of human resources as a provider under the intermediate care facilities for mentally retarded program, which provide services to disabled persons. Such facility shall provide to the disabled residents food and shelter, personal guidance, care, habitation services, or supervision. Not more than six disabled persons, regardless of their legal relationship to one another, and two supervisory personnel may reside in such facility at the same time. Such facility shall meet all applicable licensing requirements of the state, shall not be located within one-half mile of a previously existing community home for disabled persons, and shall meet all applicable requirements of this and other pertinent ordinances of the city.
Comprehensive plan
means the official document adopted by the city council to guide the future development of the city.
Condominium
means an arrangement under which a tenant in an apartment building or complex of multiple unit dwellings holds full title to his unit and joint ownership in the common grounds.
Convenience store.
A retail store, not a grocery store, where a limited amount of prepackaged food items are primarily sold as a quick service facility.
Courtyard
means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent space.
Curb level
means the level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the director of public works shall establish such curb or its equivalent for the purpose of this chapter.
Data center, general
means a building or group of buildings in excess of 10,000 total square feet primarily used to house computers and/or related equipment for the purpose of collection, storage, management, processing, or retrieval and distribution of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to computing and digital data operations.
Data center, small-scale
means a building or group of buildings not to exceed 10,000 total square feet primarily used to house computers and/or related equipment for the purpose of collection, storage, management, processing, or retrieval and distribution of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to computing and digital data operations.
Day care center
means a facility that provides care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
Density
means the ratio of dwelling units or rooms to the area of the lot or tract upon which a residential structure is located or erected.
Detention pond (or basin)
means a dry basin or depression constructed for the purpose of temporarily storing stormwater runoff and discharging all of that runoff over time at a rate of flow equal to or less than which would have occurred prior to installation of the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, fences, piping, headwalls, etc.)
Development
means an improved tract of land which has buildings or structures situated thereon; or a graded tract of land ready for improvements or paving.
Development standards
means standards or requirements that apply to improvements or the placement of these improvements on a site or parcel of land. Examples are height, yard and parking requirements.
Distillery
means a facility that (1) manufactures, rectifies, purifies, and refines distilled spirits and wines; (2) bottles, labels, packages, and sells finished products; (3) sells or offers without charge distilled spirits and wines produced by the distillery to ultimate consumers for consumption on or off the premises; and/or (4) performs any other activity authorized by Chapter 14, Distiller's and Rectifier's Permit, of the Texas Alcoholic Beverage Code, as amended.
District
means a contiguous area containing one or more parcels of land having the same zoning classification.
Dormitory
means a building that is owned and/or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution.
Dwelling
means a building or portion thereof, but not a house trailer, designed and used exclusively for residential occupancy, but not including hotels, motels, or lodginghouses.
Dwelling, attached,
means a dwelling unit which is joined to another dwelling unit sharing one or more common walls. Also see Townhome, Duplex, Condominium and Multifamily.
Dwelling, duplex,
means a structure which contains two attached dwelling units which share a common wall and are designed exclusively for the use and occupancy of two families living independently of each other.
Dwelling, fourplex,
means a structure which contains four attached dwelling units which share common walls and are designed exclusively for the use and occupancy of four families living independently of each other.
Dwelling, multiple-family,
means a building, or portion thereof, which contains three or more dwelling units, or apartments, which are occupied as a home or residence by three or more families living independently of each other.
Dwelling, single-family detached,
means a structure containing one dwelling unit which is entirely surrounded by open space on the same building lot and is designed exclusively for the use and occupancy of one family.
Dwelling, triplex,
means a structure which contains three attached dwelling units which share common walls and are designed exclusively for the use and occupancy of three families living independently of each other.
Dwelling unit
means a room, suite or set of rooms occupied, or suitable for occupancy, as a family residence, and having sleeping, kitchen and bathroom facilities, together with appropriate appurtenances and designed for use and used as a permanent residence for one family.
Dwelling unit size
means the living area of a dwelling unit, expressed in square feet, and typically being the heated and air conditioned areas exclusive of breezeways, basements, open and closed porches, common corridors, parking areas, parking garages and accessory buildings.
E-cigarette or electronic cigarette or electronic smoking device
means any electronic or battery-operated device, the use of which resembles smoking, that can be used to deliver an inhalable dose of nicotine or other substances by delivering a vaporized solution. "E-Cigarette," "electronic cigarette," or "electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "E-Cigarette," "electronic cigarette," or "electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.
Easement
means a right given by the owner of land to another party for specific limited use of that land.
Emergency access easement
means an area other than a dedicated street or alley, which is maintained free and clear of buildings, structures, or other obstructions for the purpose of providing free passage to service and emergency vehicles.
Enforcement officer
means the administrative official charged with responsibility of enforcing this zoning chapter.
Family
means a group of one or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than four persons not related by blood, marriage or adoption (excluding servants) who are living together in a dwelling unit.
Farm accessory building
means a structure, other than a dwelling, such as a barn, chicken coop or stable situated on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops.
Farm, ranch, garden or orchard
means an open-air area used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, and including the necessary accessory uses for raising, treating and storing products raised on the premises including incidental sales of home grown products, but not including the commercial feeding of offal and garbage to swine and other animals, and not including any type of agricultural or husbandry uses specifically prohibited by ordinance or law.
Fence.
Any construction or hedge greater than 30 inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall and screening shall be considered a fence. Dikes and restraining walls for the purpose of retaining soil are not classified as a fence.
Finished tilt wall
means poured in place, reinforced structural concrete walls that have a textured surface that is applied or is an integral part of the exterior.
Fire lane
means an all-weather hard-paved surface which an emergency or firefighting vehicle may pass without obstruction or interference.
Fitness center
means any facility, open to the general public, offering as its primary use floor area for the playing of organized sports, such as basketball or soccer, for fees, whether in structured league arrangements or in "free play" setting. Such facilities may include spas, workout equipment, gymnasiums or, restaurant and snack bar-refreshment services, subject to all other provisions of this chapter governing such services.
Floor area
means the area included within the surrounding exterior walls of a building, or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
Floor area, gross,
means the total floor area or a building or structure using the outside dimensions of the building at each floor level, and any areas within the building used for off-street parking intended for occupancy or storage.
Foot-candle.
The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.
Freeway Corridor Overlay.
The Freeway Corridor Overlay District includes the entirety of all properties which adjoin or are located within 200 feet of the ultimate right-of-way for Northeast Loop 820 (IH-820) and Airport Freeway (SH 121/SH 183), and are not planned for single-family residential, parks/open space, stormwater drainage easement use or Transit Oriented Development (TOD) as shown on the city's Comprehensive Land Use Plan.
Frontage, streets,
means the length of all property on one side of a street between two intersecting streets measured along the line of the street, or if the street is a dead end, then the length of all property abutting on one side between an intersecting street and the end of the dead-end street.
Fuel sales.
Any building, land area, or other premises or portion thereof, used or intended to be used for the retail dispensing or sales of vehicle fuel. Vehicle fuel includes gasoline, diesel, natural gas, LPG, or any other fuel intended for automobiles, trucks, vans, and other motor vehicles.
Fully shielded luminaire.
A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
Garage, attached,
means an enclosed structure designed for the parking of an automobile, which shares one or more walls with the principal building on a lot; or which is attached to the principal building by an enclosed porch or passageway, and the roof of which is part of an extension of the roof of the principal building, and is over six feet in width.
Garage, detached,
means a garage wholly separated and independent of the principal building on a lot; or connected to the principal building by an unenclosed or latticed passageway, pergola, arbor, or covered walk as allowed in this chapter.
Garage sale
means a sale of used household items or clothing held at the home of the seller.
Glare.
Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.
Golf course
means an area of land laid out for the game of golf.
Greenbelt
means an open landscaped area which separates two land uses.
Grocery store
means a retail establishment, not a convenience store, selling meats, fruits, vegetables, bakery products, dairy products and similar items for human consumption.
Group home for the handicapped
means a dwelling shared by four or more handicapped persons, including resident staff, 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. As used herein, the term "handicapped" shall mean having:
(1) 
A physical or mental impairment that substantially limits one or more of such 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, the term "handicapped" shall not include current illegal use of or addiction to a 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 handicapped" shall not include alcoholism or drug treatment center, work releases facilities for convicts or ex-convicts, or other housing facilities serving as alternative to incarceration.
Guest quarters (guesthouse)
means living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters shall not have kitchen facilities or separate utility meters, shall not be rented, and shall not be used as a separate dwelling.
Halfway house
means a licensed 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. Such placement is pursuant to the authority of the state department of corrections.
Heliport/helistop
means a landing pad for occasional and infrequent use by rotary wing aircraft, but not including fueling or servicing facilities for such craft.
Hospital
means a building or group of buildings, having room facilities for one or more abiding patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, or the treatment of the mentally ill, convalescent, or infirm persons and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.
Hotel or motel
means a building or group of buildings designed and occupied to provide overnight accommodation as a temporary abiding place of individuals.
HUD Code manufactured home
means 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 includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).
Incidental use
means any use or combination of uses different from and subordinate to the primary use and which complements and/or supplements the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. "Incidental" shall mean any activity occupying an area of less than 15 percent of the primary use or which generates gross receipts of not more than 15 percent of that of the primary use. An incidental use is also an accessory use.
Junk
means, but is not limited to, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, scrap zinc and all other scrap metals and their alloys; 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 parts, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
Junkyard or salvage yard
means a lot upon which waste or scrap materials are sold, exchanged, stored, packed, disassembled, or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard does not include an automobile wrecking yard and automobile parts yard (see Wrecking/auto salvage yard). A junkyard or salvage yard does not include such uses conducted entirely within an enclosed building. (See Reclamation center.)
Kennel
means any place where household pets or other domesticated animals are housed, bred, boarded, trained, harbored, kept or sold for commercial purposes; but excluding municipal animal shelters or pet stores. Veterinary clinics as herein defined, animal hospitals and animal clinics shall not be considered a kennel, unless such uses contain outside runs or pens or facilities for housing, boarding, breeding, training, harboring, or keeping dogs, cats or other domesticated animals, swine, equine, or other livestock or animals for commercial purposes. (See Pet store, Veterinary clinic, Pet lodging, Pet day care)
Kelvin.
The industry measurement unit of color temperature.
Kindergarten
means a school for children of preschool age, the work of which is purely preliminary to the work of the public and private school, and which could include a planned program of games, songs, social exercises and object lessons.
Landowner
means the legal or beneficial owner of the land. The holder of an option or a contract purchaser or other persons having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this chapter.
Landscape lighting.
Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.
Landscaping
means material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls, or fences, but excluding paving.
Laundry, self-service,
means a facility containing coin-operated washers and dryers for use by the general public. Such facility shall be of the customer self-service type and not a commercial laundry or cleaning plant.
Legal nonconforming use, building or lot
means a use, building or yard existing legally at the time of the passage of this chapter which does not by reason of design, use, or dimensions conform to the regulation of the district in which it is situated. A use, building or yard established after the passage of this chapter which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use.
Light pollution
means any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, energy waste, compromised safety and security, and impacts on the nocturnal environment.
Light trespass
means light that falls beyond the property it is intended to illuminate. See Figure I-12, Article IX, "Light Trespass," for illustrative definition.
Lighting
means "electric" or "man-made" or "artificial" lighting and its associated equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components.
Limited access freeway
means a highway to which the right of access to or from abutting lands is controlled and restricted by the state department of highways and public transportation or the city; further, a limited access freeway shall be bordered on each side by access roads (or right-of-way for access roads). Limited access freeways within the city are interstate Loop 820 and State Highway 121 (Airport Freeway) only.
Lot
means land, including a tract, plat, or parcel, occupied or intended for occupancy by a use permitted in this chapter, and usually having its principal frontage upon a street or upon an officially approved place.
Lot, adjacent,
means any lot, parcel or piece of land that shares with the lot under consideration a common lot line, alley or any point of tangency.
Lot area
means the gross area of the lot expressed in square feet or acres which is bounded by its perimeter property lines.
Lot area per dwelling unit
means the ratio of area expressed in square feet or acres required for each dwelling unit.
Lot, corner,
means a lot abutting upon two or more streets at their intersection.
Lot coverage
means the amount or percentage of the total area of a lot occupied by the footprint of the buildings located on the lot.
Lot depth
means the minimum horizontal distance between the front lot line and the rear lot line of a building lot measured perpendicular from the front lot line at the center of the lot or on a radial when the front line is curved. (See Illustration I.2 in article IX of this chapter.)
Lot, double frontage,
means a lot having frontage on two streets, as distinguished from a corner lot.
Lot, interior,
a lot other than a corner lot.
Lot line
means the property boundary of a lot.
Lot of record
means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which it is recorded in the office of the county clerk prior to the adoption of this chapter.
Lot, reverse corner,
means a corner lot in which the rear lot line abuts the side lot line of the lot to its rear.
Lot width
means the minimum width of a lot measured at the front building line or chord length when the front of the lot is curved. (See Illustration I.2 in article IX of this chapter.)
Lumen
means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption).
Luminaire
means the complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.
Luminous tube lighting.
A rigid or flexible tube that is illuminated by fiber optics or light emitting diodes. This definition includes the terms strip lighting, outline lighting, string lighting, and similar terms. This definition does not include luminous tubes containing neon or other inert electrically charged gases.
Manufactured housing or manufactured home
means a HUD Code manufactured home or a mobile home collectively means and refers to both.
Masonry (nonresidential)
means a combination of brick, ceramic block, stone, decorative concrete block, or masonry materials installed in a craftsmanlike manner that are a minimum of one inch thick and imbedded in a cementious reinforced substrate. Building trim and accent areas shall not exceed 15 percent of any exterior wall area. Stucco, fiber reinforced cement board, reinforced EIFS or simulated masonry systems approved by the building official may only be used for accent areas located no closer than eight feet from the adjacent grade level.
Masonry (residential)
means a combination of brick, ceramic block, stone, or other masonry materials installed in a craftsmanlike manner that are a minimum of one inch thick and imbedded in a cementious reinforced substrate. Up to 15 percent of the wall surface no closer than eight feet from the adjacent grade level can use wood or alternative materials such as siding, reinforced cement board, stucco and other comparable masonry systems approved by the building official. Residential masonry materials and alternate materials do not include concrete block, concrete tilt wall or EIFS systems.
Massage establishment
means a place of business that advertises or offers massage therapy or other massage services as defined herein and is licensed by the State of Texas in accordance with Chapter 455 of the Texas Occupations Code, and Title 25 of the Texas Administrative Code, as amended, including establishments variously known as massage parlors, and similar derivations. This term does not include beauty parlors or barber shops duly licensed by the state, or licensed hospitals, medical clinics, or licensed physical therapy facilities.
Medical clinic
means an office or group of offices for more than one physician, surgeon, or dentist to treat sick or injured out-patients.
Miniwarehouse
means enclosed space rented to the general public for storage of personal goods or belongings.
Mobile home
means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system.
Mobile home park
means a mobile home park is any premises on which two or more mobile homes are used as a dwelling unit, or held out for the purpose of supplying to the public a parking space for two or more mobile homes, whether such vehicles stand on wheels or on rigid supports. A trailer park is a mobile home park.
Money transfer business
means an establishment, other than a bank or financial institution that engages in or facilitates the transmission of funds to or from a location outside the United States and its territories for a fee.
Motor freight terminal
means a motor freight terminal is a building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight terminal is a truck terminal.
Multi-occupancy
means a building which contains two or more permanent tenants separated by an area separation wall and each tenant has a valid certificate of occupancy.
Museum
means a building dedicated for the collection, display and distribution of objects of art, or science, sponsored by a public or quasipublic agency and which facility is open to the general public.
Nightclub or lounge
means an establishment, other than a restaurant, where liquor, wine, beer and/or other alcoholic beverages are served, with or without food or other refreshment, and where facilities may be available for dancing, or where live entertainment is provided, as distinguished from a bar or tavern.
Non-traditional smoking related business
means a retail establishment or other business whose principal business is the offering of a service relating to, or the selling of, renting or exhibiting of products or devices known as water pipes, hookahs, electronic cigarettes or electronic vaping devices, steam stones, hookah pens or any comparable devices. For the purpose of this definition, the term "principal" shall mean over 25 percent of the volume of sales or rentals, stock in trade or display areas generated from or devoted to the products or devices describing herein.
Nonconforming building
means a building, structure, or portion thereof which does not conform to the height, area or yard regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.
Nonconforming lot
means a lot or tract of land which does not conform to the width, depth, or area requirements of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.
Nonconforming use
means a building, structure or use of land lawfully occupied at the time of the effective date of the chapter or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.
Noxious matter
means a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.
Nursing home
means an institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or attendant care, but may or may not provide for routine and regular medical and nursing services. Nursing and care homes include homes for the aged, and convalescent and rest homes.
Occupancy
means the use or intended use of the land or buildings by proprietors or tenants.
Odor threshold
means the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by ASTM D1391-57, Standard Method for Measuring Odor in Atmosphere.
Office
means a room, studio, suite, or building or any part thereof in which a person transacts business or carries on a stated occupation. For the purposes of this chapter, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, or storage of materials, goods or products, or the sale and delivery of any materials, goods or products which are physically located on the premises.
Off-street
means off the right-of-way of a public street or place.
Off-street parking incidental to main use
means off-street parking spaces provided in accordance with requirements specified by this chapter and located on the lot or tract occupied by the main use.
Off-street parking space
means an enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle.
Open space
means an area included in any side, rear or front yard which is not occupied by a building or structure.
Orphanage
means an institutional use in which three or more children are raised or provided with food and shelter by people other than their natural or adoptive parents.
Outdoor/outside storage
means the permanent and/or continuous keeping or storing as an accessory/incidental use of any merchandise (items intended for sale), equipment, machinery, commodities, raw or semi-finished materials, wrecked or dismantled vehicles, and/or building materials which are not within a fully enclosed building. Other types of waste/surplus materials, such as construction/demolition byproducts (e.g., carpet remnants, scrap lumber/metal/masonry materials, leftover/surplus display shelving components or other furnishings, demolition materials, etc.), shipping materials (e.g., boxes, foam packaging, pallets, etc.), automotive components (e.g., old tires, salvaged parts, etc.), and other similar byproducts are not generally considered to be included under this definition and must be properly disposed of (i.e., removed from the site; not stored) in a timely manner.
Outside display
means the temporary display of retail commodities and goods for the purpose of sale outside of an enclosed building.
Paint and body shop
means an automobile related use where vehicles are repainted, the exterior repaired and replaced, frames straightened, damaged panels repaired and replaced, and window glass is repaired and replaced.
Parking area
means an open, unoccupied space exclusively for the parking of vehicles.
Parking garage
means a building or portion thereof designed or used exclusively for the temporary parking or storage of motor-driven vehicles, and where motor-driven vehicles are not equipped, repaired, hired or sold.
Parking lot
means an off-street open surface area used exclusively for the parking of motor vehicles for less than a 24-hour period.
Parking structure
means a structure which provides enclosed off-street parking of motor vehicles.
Parkway
means the portion of a public right-of-way situated between the curb, or edge of a street, and the property line of the adjacent land.
Pawn shop
means a retail establishment where articles are traded and exchanged for money plus a right to redeem such articles within a given amount of time upon repayment as such money with interest; also shall include the sale of such articles as used merchandise subject to the provisions of other city ordinances covering such sales.
Payday advance or loan business
means an establishment that makes small consumer loans, 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 the applicant's next payday, and then cashed unless the customer repays the loan to reclaim such person's check.
Performance standards
means the standards specified for the operating characteristics of business uses related to noise, smoke, particulate matter, odorous matter, fire and explosion hazard, toxic and noxious matter, glare, vibration and storage.
Person
means a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
Personal care home
means a quasi-residential facility where room, board, and personal services are provided within a dwelling unit to four, but not more than six primarily elderly persons, regardless of the relationship to the owner. Personal care services include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance, or administration of medication by a person licensed to administer medication, as defined by the Personal Care Facility Licensing Act, V.T.C.A., Health and Safety Code § 247.002.
Pet day care
means an indoor facility dedicated to sheltering and caring for the basic needs of household animals, but not including medical assistance, breeding, grooming, outdoor runs, or overnight boarding.
Pet lodging
means an indoor facility in which household animals are sheltered overnight and basic needs such as grooming, exercising (outdoor temporary exercise areas are permitted), obedience training takes place, and does not include veterinary services, breeding or outdoor runs.
Pet store
means a retail establishment selling live animals generally kept as household pets, i.e. dogs, cats, birds or fish and associated goods for the maintenance of such animals.
Planned development (PD)
means development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and is developed with special zoning standards that are unique to a particular site and which usually vary from those standards required by this chapter for other zoning districts.
Planning and zoning commission
means the advisory body appointed by the city council and authorized to recommend changes in this zoning chapter, the subdivision regulations (chapter 110 of this Code), and comprehensive plan documents, and to review proposed subdivisions.
Plat
means a plan of a subdivision of land creating building lots. Reference to a plat in this ordinance shall mean an official plat of record filed in the county plat records.
Porch
means an open, covered, or enclosed gallery or room on the outside of a building.
Precious metal dealer
means any person or entity engaged in purchasing articles made of or containing gold, silver, platinum, or other precious metals or jewels of any description for the purpose of reselling the items in any form.
Premises
means a lot, together with all buildings, structures and etc. thereon.
Principal building
means a building in which is conducted the principal use of the lot on which it is located.
Private or parochial school
means an institution of learning having a curriculum equivalent to public schools, and which meets the same license and certification as required of public schools. A private or parochial school shall not include specialty schools, such as dancing, music, beauty, mechanical, trade swimming, or commercial schools.
Projection sign
means a sign in which the message area is perpendicular to the wall surface of the building or structure.
Public building, shop or yard of local, state or federal government
means facilities such as office buildings, maintenance yards of shops required by branches of local, state, or federal government for service to an area such as a highway department yard or city service center.
Qualified street frontage
means the width of property abutting a street right-of-way. Frontage on a public access may be considered as qualified street frontage for purposes of the sign regulations.
Radio, television or microwave towers
means structures supporting antenna for transmitting or receiving any portion of the radio, television or telephone spectrum.
Rear yard
means the portion of a lot situated behind the main structure which extends between the side property lines.
Rear yard open space
means an area reserved as an open space in the rear portion of a yard which extends from one side property line to another side property line and abutting the rear property line. The rear yard open space shall not protrude beyond the two most extreme corners of the main structure and no part of a residential dwelling unit may be constructed so as to occupy any portion of the rear yard open space.
Reclamation center
means a facility, not a junkyard or salvage yard, in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
Recreational equipment
means major recreational equipment shall be defined as including boats and boat trailers, travel trailer, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like.
Recycling collection facility
means a facility, not a junkyard or salvage yard, designed for the collection of recyclable items for transport to a reprocessing plant or reclamation center.
Reflexology clinic/foot spa
means a place of business that advertises or offers reflexology services associated with the application of pressure with thumb and finger techniques to reflexive areas of the lower one-third of the extremities, feet, hands, and outer ears based on reflex maps.
Residential zoned
means any area zoned for residential dwelling units including, single-family, duplex, triplex, fourplex and multifamily dwellings.
Restaurant
means a business serving unpackaged food and beverages to customers seated primarily inside the building and including cafes, tea rooms, drive-in restaurants, and cafeterias, but not including a lounge, nightclub, bar, or tavern.
Restaurant, fast casual.
An establishment that serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. A fast casual restaurant is typically characterized as an establishment in which the menu contains more upscale, diverse, and made to order items; the food is custom prepared and either brought to the table or the customer is called back to the counter; a majority of the sales are made at a counter, with little or no drive through provided; the décor and atmosphere is upscale; and the check averages are higher compared to quick service restaurants.
Restaurant, full service.
An establishment that serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. A full service restaurant is characterized as an establishment in which food is cooked or prepared on the premises on a customer-demand basis, requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (wait staff).
Restaurant, quick service.
An establishment where food or beverages are prepared in advance of customer orders or are able to be quickly prepared for consumption on or off the premises, are ordered and served over counters or at drive-through windows, and paid for before being consumed. Employees of the restaurant customarily do not provide service to customers at their tables. Examples of this type of facility may include, but are not limited to, establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken or fish and chips.
Retention pond (or basin)
means a pond which has been designed to have both a conservation pool for holding water indefinitely, and a flood storage pool for storing stormwater runoff on a temporary basis, for the purpose of reducing the peak discharge from the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, retaining walls, fences, piping, headwalls, aeration systems, etc.).
Riding club
means a paddock, clubhouse and stable for quartering, training and riding horses.
School, public or denominational,
means a public or private facility having an academic curriculum approved by the state education agency.
School, trade or business,
means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades; or in a service or art such as secretarial school, barber college, beauty school or commercial art school.
Screening
means the use of a masonry wall, earth berm, or an opaque, dense form of landscaping or any combination thereof, to provide a physical and visual barrier.
Seasonal lighting
means temporary decorative lighting installed and operated in connection with holidays between October 15 and February 15.
Secondary living unit
means a second single-family residential living unit with kitchen facilities, also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit.
Secondhand dealer
means any person or entity engaged in buying, selling, trading or handling any kinds of used or secondhand goods, wares or merchandise.
Servants' quarters
means an accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate dwelling, and shall not have kitchen facilities or separate utility meters.
Service station.
An establishment for the retail sales of petroleum products and automotive accessories which may include minor automotive service and repair only as an incidental activity to such retail sales, but not including the overhaul of major automobile components, body work, or repair of heavy trucks.
Sexually oriented business
means an establishment as defined in section 10-153.
Shopping center
means a group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.
Short-term rental (STR)
means a dwelling that is:
(1) 
Used or designated to be used for residential purposes, including a single-family residence or a unit in a multi-family residential building;
(2) 
Rented wholly or partly for a fee; and
(3) 
Rented for periods of less than 30 consecutive days.
Shrub
means a low, usually several stemmed, woody plant.
Sight triangle
means an area of unobstructed visibility on either corner of a street and/or driveway of at least 25 feet in any direction.
Site plan
means a detailed line drawing clearly describing a project and showing sufficient information to determine the nature of the proposed development and providing adequate information to determine compliance with applicable codes and ordinances.
Skyglow
means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.
Smoke
means the visible discharge of particulate matter from a chimney, vent exhaust, or combustion process.
Social service facility with temporary lodging
means a facility for the care of alcoholic, narcotic, psychiatric persons, including women's and similar uses.
Solar panel system
means a combination of equipment and/or controls, accessories, interconnecting means and terminal elements for the collection, storage and distribution of solar energy for purposes of heating water or generating electricity. Solar panel systems do not include individually powered outdoor solar lights such as garden lights, accent lights, security lights or flood lights.
Solar panel system, ground mounted
means a solar panel system with a supporting framework that is placed on or anchored in the ground and that is independent of any building or other structure.
Solar panel system, roof mounted
means a solar energy system affixed to the roof of a principal or permanent accessory building.
Spa
means a pool type facility which incorporates water jets or an aeration system for hydro massage and includes such industry terminology as whirlpool or hot tub.
Spas, health studio or fitness center
means a business, open to the general public, which provides various indoor facilities and materials for the purpose of improving the health and fitness of its clients, including such things as indoor swimming pools, weight rooms, running tracks, saunas or steam rooms for the use of its customers.
Special personal service shop
means an establishment where the primary use of the building or lease space includes any of or any combination of the following: psychic readers, tattoo parlors, body or piercing parlors, the sale of cigarette papers, bongs, or other smoking accessories. This definition shall not include massage therapy or acupuncture clinics, cigar or cigarette shops, or permanent cosmetics as part of a beauty salon.
Spot zoning
means a small parcel of land singled out for special treatment or privileges not in harmony with the other use classifications in the area and without any apparent circumstances which call for different treatment.
Stable, private,
means a building, incidental to an existing residential, principal use, that shelters animals for the exclusive use of the occupants of the premises.
Stable, public,
a building or land where animals are kept for remuneration, hire, sale, boarding, riding, or show.
Story
means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling above it.
Story, half,
means a space under a sloping roof at the top of a building, the floor of which is not more than two feet below the plate, shall be counted as a half-story when not more than 60 percent of said floor area is used for rooms, baths, or toilets. A half-story containing an independent apartment, or living quarters shall be considered a full story.
Story, standard,
means a story having 11 feet, six inches, or less, between floors.
Street
means any thoroughfare or public driveway, other than an alley, which has been dedicated or deeded to the public for general use.
Street line
means a dividing line between a lot, tract or parcel of land and contiguous street.
Street width
means the horizontal distance between the side right-of-way lines on a street, measured at right angles.
Structural alterations
means any change in the supporting or structural members of a building including, but not limited to, bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls.
Structure
means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but without limiting the generality of this definition, advertising signs, billboards, back stops for tennis courts, fences or pergolas.
Substantial improvement
means that which occurs upon the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) 
Any project for improvement of a structure to comply with existing or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Swimming pool
means any constructed or prefabricated pool used for swimming or bathing, 24 inches or more in depth.
Swimming pool (private)
means a swimming pool constructed for the exclusive use of the residents of a one-family or two-family dwelling unit, and available only to the family of the householder and his private guests.
Swimming pool (public)
means a swimming pool constructed for use by the general public.
Tap Room
means an establishment having as its principal or predominant use the retail sales of malt liquor, ale, or beer for consumption on or off the premises, and that derives less than 75 percent of the establishment's gross revenue from the sale of malt liquor, ale, or beer from on-premise consumption. Pre-packaged meals or full-service meals may be available for consumption on the premises but are not the principal or predominant use of the establishment.
Temporary field and construction office
means a structure for shelter, subject to removal by order of the building inspector, used for connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.
Temporary lighting
means lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.
Townhome
means a single-family attached dwelling unit constructed as a part of a series of dwelling units sharing a common party wall with no visible separation between walls or roof, with each unit located on its own individually platted lot.
Toxic and noxious matter
means any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger health, safety, or comfort of persons in the vicinity or which may cause injury or damage to property.
Toxic materials
means those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Traffic control sign
means any sign used only to control and direct traffic on private property, e.g., "Enter" or "Exit."
Trailer, house.
See Mobile home.
Transition zone
means a transition zone includes a maximum of two streets and four rows of houses platted to the parameters outlined in this chapter and the subdivision regulations (chapter 110 of this Code).
Transverse corner lot
means a corner lot in which a side lot line abuts the rear lot line of an adjacent lot.
Tree
means a woody perennial plant having a single, usually elongated, main stem generally with few or no branches on its lower part.
Uplight
means, for an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane.
Use
means the land use name given to the activity listed in the table of permitted uses (division 3 of article V of this chapter) for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.
Use by right
means a land use allowed by the table of permitted uses (division 3 of article V of this chapter) in one of the various zoning districts of this chapter without any restrictions or requiring additional action by the city council.
Use restrictions
means the regulations contained within this chapter which control the use of a lot or structure.
Variance
means an adjustment in the application of a specific regulation of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
Vehicle storage facility
means a structure or parking lot which provides for the temporary parking of automobiles, trucks (under one ton), boats, and recreational vehicles usually on an hourly, daily or monthly contract or fee basis.
Veterinarian clinic
means a facility for the prevention, treatment, minor surgery, cure or alleviation of disease and/or injury in animals, specifically domestic animals, where animals remain overnight inside clinic for recovery only, and no overnight boarding of animals is conducted.
Visual screen
means a wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall and entrance gates shall not exceed 14 square inches, and the wall is of sufficient height so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and seven feet above ground level. No wall shall exceed ten feet in height.
Wall surface
means the general outer surface of any main exterior wall of the building or structure not including cornices, bay windows, or other ornamental trim.
Warehouse
means a structure used primarily for the storage of merchandise or commodities.
Wedding chapel
means a building set aside for the use of conducting a ceremony in which a representative of the state and family and friends come together to witness the joining together of two individuals in marriage. This facility can also be used for receptions and celebrations associated with a marriage ceremony.
Weight loss center
means a facility that provides equipment, counsel, and nutritional supplements intended to help individuals in their attempt to lose weight. It does not include surgical equipment designed to reduce weight.
Wholesale distribution
means an operation selling goods or commodities in quantity chiefly to retailers, other merchants, or industrial, institutional, or commercial users mainly for resale or business use.
Wine Bar
means an establishment having as its principal or predominant use the retail sales of wine for consumption on or off the premises, and that derives less than 75 percent of the establishment's gross revenue from the sale of wine from on-premise consumption. Pre-packaged meals or full-service meals may be available for consumption on the premises but are not the principal or predominant use of the establishment.
Winery
means a facility that (1) ferments juices from grapes and/or other fruit; (2) blends wines; (3) manufactures, bottles, labels, and packages wine; and/or (4) performs any other activity authorized by Chapter 16, Winery Permit, of the Texas Alcoholic Beverage Code, as amended.
Wrecking/auto salvage yard
means a parcel of land on which inoperative vehicles and other machinery are collected, stored, salvaged, or sold.
Yard
means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls.
Yard, front,
means the area extending across the entire width of the lot and situated between the front lot line and the most extreme corners of the building or, in the absence of a building, to the front building setback line.
Yard, rear,
means the area extending across the entire width of the lot and situated between the rear lot line and the most extreme comers of the building or, in the absence of a building, to the rear building setback line.
Yard, side,
means the area lying between the side lot line and the nearest and most extreme comers of the building or, in the absence of a building, to the side yard building setback line and extending from the front yard to the rear yard.
Yard, street,
means that area extending across the entire width and/or depth of the lot and situated between the lot lines adjacent to the street rights-of-way and the building lines.
Zero lot line residence
means a single-family, detached dwelling unit which has one side wall placed coincident with a side property line.
Zoning
means control on the use and development of land, whether improved or not, by the city for the supposed benefit of citizens in the community and the public welfare. This control is accomplished through two ways, restrictions and development standards. (See Use restrictions; see Development standards).
Zoning district
means the districts as designated in this chapter.
Zoning district map
means the official certified map upon which the boundaries of the various zoning districts are drawn, and which is an integral part of this chapter.
Zoo
means a facility, garden or park where live animals, birds and reptiles are domiciled and kept for public display and zoological research, but not for retail sale.
(Ordinance 1874, art. X, adopted 3/22/1993; Ordinance 1938, § 2, adopted 10/11/1993; Ordinance 1947, §§ 3, 4, adopted 1/10/1994; Ordinance 1953, § 1, adopted 1/10/1994; Ordinance 2035, § 2, adopted 2/13/1995; Ordinance 2186, § 3, adopted 4/14/1997; Ordinance 2210, § 6, adopted 8/25/1997; Ordinance 2214, § 3, adopted 6/26/1997; Ordinance 2247, § 1, adopted 12/8/1997; Ordinance 2257, § 1, adopted 12/22/1997; Ordinance 2258, § 8, adopted 1/26/1998; Ordinance 2274, § 4, adopted 3/23/1998; Ordinance 2326, § 1, adopted 9/28/1998; Ordinance 2339, § 1, adopted 9/28/1998; Ordinance 2346, § 1, adopted 10/8/1998; Ordinance 2427 § 1, adopted 11/22/1999; Ordinance 2444, § 2, adopted 1/10/2000; Ordinance 2546, § 1, adopted 3/26/2001; Ordinance 2577, adopted 10/22/2001; Ordinance 2649, § Ex. B, adopted 12/9/2002; Ordinance 2659, § 3, adopted 9/23/2002; Ordinance 2671, adopted 11/11/2002; Ordinance 2895, § 2, adopted 7/24/2006; Ordinance 2910, §§ 1, 2, adopted 11/13/2006; Ordinance 3020, § 1, adopted 9/22/2008; Ordinance 3128, § 1, adopted 2/14/2011; Ordinance 3188, §§ 1, 2, adopted 3/26/2012; Ordinance 3229, § 1, adopted 1/14/2013; Ordinance 3234, § 1, adopted 1/14/2013; Ordinance 3244, § 1, adopted 4/22/2013; Ordinance 3291, § 1, adopted 2/10/2014; Ordinance 3311, § 1, adopted 7/14/2014; Ordinance 3343, § 1, adopted 12/8/2014; Ordinance 3381, § 1, adopted 11/9/2015; Ordinance 3382, § 1, adopted 11/9/2015; Ordinance 3452, § 1, adopted 3/27/2017; Ordinance 3491, § 1, adopted 12/11/2017; Ordinance 3563, § 1, adopted 1/28/2019; Ordinance 3574, §§ 1, 2, adopted 3/25/2019; Ordinance 3907 adopted 6/9/2025; Ordinance 3922-B adopted 10/13/2025)

§ 118-2 Short title.

The regulations of this chapter shall hereafter be known, cited and referred to as the "Zoning Ordinance of the City of North Richland Hills, Texas," and will be referred to herein as "this chapter."
(Ordinance 1874, art. 1, § 100, adopted 3/22/1993)

§ 118-3 Amendment of prior ordinances.

This chapter, passed and approved on the 9th day of January, 1984, together with all amendments thereto, is hereby amended in its entirety to read as follows in this chapter.
(Ordinance 1874, art. 1, § 102, adopted 3/22/1993)

§ 118-4 Purpose of chapter.

The purpose of this chapter is to zone the entire area of the city into districts in accordance with a comprehensive plan for the purpose of promoting the public health, safety, morals and the general welfare, and protecting and preserving places and areas of historical, cultural, or architectural importance and significance by:
(1) 
Establishing regulations and districts which have been designed to regulate the erection, construction, reconstruction, alteration, repair and use of buildings, other structures, or land.
(2) 
Establishing regulations and districts with reasonable consideration for the character of each district and its peculiar suitability for particular land uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land within the corporate limits of the city.
(3) 
Establishing regulations and districts that have been designed to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of populations; and to provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements.
(Ordinance 1874, art. 1, § 105, adopted 3/22/1993)

§ 118-5 Establishment of districts.

The city is hereby divided into zoning districts, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter as fully as if the same were set forth herein in detail. The official zoning map shall be identified by the signature of the mayor and attested by the city secretary.
(Ordinance 1874, art. 1, § 110, adopted 3/22/1993)

§ 118-6 Revision of prior zoning map.

The official zoning map adopted on January 9, 1984, shall be redrawn to incorporate the following modifications:
(1) 
The limits of the floodplain boundaries shall be deleted, along with references to the floodplain designation.
(2) 
The boundaries of all special use permits shall be deleted, along with references to the special use permit designation.
(3) 
The district boundaries shall be adjusted to conform with the regulations contained in section 118-9, rules for interpretation of district boundaries.
(4) 
Each planned development district shall be designated on the official zoning map with the letters "PD" followed by the number listed in appendix D which is on file in the city secretary's office.
(5) 
The official zoning map adopted on January 9, 1984, shall be redrawn to incorporate the zoning district boundary amendments approved prior to the adoption of this chapter.
(Ordinance 1874, art. 1, § 115, adopted 3/22/1993)

§ 118-7 Official zoning map.

(a) 
The official zoning map, as herein described, shall be filed with the city secretary as a permanent record, and shall not be changed in any manner.
(b) 
The official zoning map shall, upon concurrent approval by the city council, bear the signature of the mayor, attested by the city secretary, under the following words: "This is to certify that this official zoning map supersedes and replaces the original zoning map adopted on January 9, 1984, and referred to in Ordinance No. 1080."
(Ordinance 1874, art. 1, § 120, adopted 3/22/1993)

§ 118-8 Maintenance of current zoning map.

(a) 
If, in accordance with the provisions of this chapter, changes are made to any district boundary, or other matter portrayed on the zoning map, such changes shall be entered on the zoning map promptly after the amendment has been approved by the city council as herein provided. The planning and zoning office shall be responsible for keeping the zoning map current to reflect all approved zoning district changes as follows:
(1) 
Approved zoning changes shall be entered on the zoning map by the planning and zoning office, and each change shall be identified on the map with the date and number of the ordinance making the change. No amendment to this chapter which involves matter portrayed on the zoning map shall become effective until after such ordinance has been finally approved by the city council.
(2) 
No change of any nature shall be made on the zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable hereunder.
(3) 
Regardless of the existence of purported copies of the zoning map, which may from time to time be made or published, the current zoning map, located in the planning and zoning office, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The current zoning map shall be available to the public at all hours when the city hall is open to the public.
(b) 
The planning and zoning office may authorize changes to the zoning map to correct drafting errors or omissions, and to update the base map with new subdivisions, streets, or other significant map features.
(Ordinance 1874, art. 1, § 122, adopted 3/22/1993)

§ 118-9 Rules for interpretation of district boundaries.

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the centerlines of streets, highways or alleyways shall be constructed to follow centerlines.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
(3) 
Boundaries indicated as following city limit lines shall be construed as following such city limits.
(4) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) 
Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, lakes, or other bodies of water shall be construed to follow such centerlines.
(6) 
Boundaries indicated as parallel to or extensions of features indicated in subsections (1)(5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(7) 
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by subsections (1)(6) of this section, the zoning board of adjustment shall interpret the district boundaries.

§ 118-10 Territorial application.

The regulations and restrictions in this chapter shall apply to all buildings, structures, land and uses within the corporate limits of the city.
(Ordinance 1874, art. 1, § 130(A), adopted 3/22/1993)

§ 118-11 General application.

After the effective date of the ordinance from which this chapter is derived, all buildings and structures erected, remodeled, altered and/or relocated and any use of land, building or structure established shall comply with the applicable provisions of this chapter. Existing buildings, structures and uses of land not complying with the provisions of this chapter may continue, subject to the provisions of division 4 of article II of this chapter, nonconforming uses.
(Ordinance 1874, art. 1, § 130(B), adopted 3/22/1993)

§ 118-12 Uniformity.

The regulations set by this chapter for each district shall be the minimum regulations and shall apply uniformly to each class or type of structure or land, except as hereinafter provided, and further provided that no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. This shall be deemed to include only the portion of the building, structure or land which is actually newly occupied, newly used, erected, constructed, reconstructed, moved or structurally altered after the effective date of the ordinance from which this chapter is derived.
(Ordinance 1874, art. 1, § 130(C), adopted 3/22/1993)

§ 118-13 General prohibition.

No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this chapter.
(Ordinance 1874, art. 1, § 130(D), adopted 3/22/1993)

§ 118-14 Private agreements.

This chapter is not intended to abrogate, annul or otherwise interfere with any easements, covenant or private agreement; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the regulations of this chapter shall govern.
(Ordinance 1874, art. 1, § 130(E), adopted 3/22/1993)

§ 118-15 Other laws and regulations.

The provisions of this chapter shall be considered the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
(Ordinance 1874, art. 1, § 130(F), adopted 3/22/1993)

§ 118-16 Building permits issued prior to effective date.

This chapter shall not invalidate any unexpired building permits properly issued prior to the effective date of the ordinance from which this chapter is derived pursuant to which construction has commenced; provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions of this chapter, such building, structure or use shall be subject to the provisions of division 4 of article II of this chapter, nonconforming uses.
(Ordinance 1874, art. 1, § 130(G), adopted 3/22/1993)

§ 118-17 Pending applications.

From and after the effective date of the ordinance from which this chapter is derived, the provisions of this chapter shall apply to all pending applications upon which no final decision has been made.
(Ordinance 1874, art. 1, § 130(H), adopted 3/22/1993)

§ 118-18 Appendices.

The appendices in this chapter are hereby made a part of this chapter. However, all illustrations in article IX of this chapter are intended to represent graphic descriptions only. The text of this chapter shall govern in the event of any conflict that may exist or occur between the illustrations located in the appendices and the text of this chapter.
(Ordinance 1874, art. 1, § 130(I), adopted 3/22/1993)

§ 118-19 General construction of language.

The following general rules of construction apply to the text of this chapter:
(1) 
Section and subsection headings contained herein are provided for illustrative purposes only and shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, or intent of any provision of this chapter.
(2) 
In the case of any real or apparent conflicts between the text of this chapter and any illustrations explaining the text, the text shall apply.
(3) 
The term "shall" is always mandatory. The term "may" is discretionary.
(4) 
The term "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(5) 
The terms "used" or "occupied" include the terms "intended," "designed," or "intended to be used or occupied."
(6) 
The term "lot" includes the words "plat" or "parcel."
(7) 
Terms used in the present tense include the future tense. Terms used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(Ordinance 1874, art. 1, § 130(J), adopted 3/22/1993)

§ 118-20 Newly annexed territory.

(a) 
All territory which may hereafter be annexed to the city shall automatically be designated as lying and being in district AG until such classification shall have been changed by an amendment to this chapter as provided herein.
(b) 
No person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or demolish any building or structure, or vacant land, or cause the same to be done in any area of the city or in any newly annexed territory to the city without first applying for and obtaining a building permit from the enforcement officer as may be required in applicable city ordinances.
(Ordinance 1874, art. 1, § 155, adopted 3/22/1993)

§ 118-21 Zoning designation of vacated streets and alleys.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of the extended district.
(Ordinance 1874, art. 1, § 160, adopted 3/22/1993)

§ 118-22 Water areas.

The water surface and land under the water surface of all rivers, waterways, ponds, lakes and other water areas in the city not otherwise zoned are hereby placed in the same zoning district as the land on which such water areas abut, as shown on the official zoning map. Where the zoning districts shown on the official zoning map are different on opposite sides of a water area, then the zoning district boundary shall be at the centerline or midpoint of the water area.
(Ordinance 1874, art. 1, § 165, adopted 3/22/1993)

§ 118-23 (Reserved) [1]

[1]
Editor's note — Former § 118-23, which pertained to property zoned LR local retail district, C-1 commercial district and C-2 commercial district and derived from Ordinance 2599, adopted 2/11/2002; and Ordinance 2978, adopted 1/14/2008, was repealed by Ordinance 3247, 6/10/2013.

§ 118-24 Administrative officer.

The enforcement officer as designated by the city manager shall administer this chapter.
(Ordinance 1874, art. 2, § 220(A), adopted 3/22/1993)

§ 118-25 Violations.

(a) 
If the city enforcement officer shall find any of the provisions of this chapter being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith.
(b) 
Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the city enforcement officer or his deputy. Either notice shall be effective.
(c) 
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of public health, safety, morals and general welfare.
(d) 
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the city enforcement officer shall govern.
(Ordinance 1874, art. 2, § 230, adopted 3/22/1993)

§ 118-26 Penalty for violation of chapter.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon final conviction thereof, shall be fined as provided in section 1-13.
(Ordinance 1874, art. 2, § 240, adopted 3/22/1993)

§ 118-27 Repeal of conflicting provisions.

All orders, ordinances, or parts of ordinances in conflict with this chapter or inconsistent with the provisions of this chapter, are hereby repealed only to the extent necessary to give this chapter full force and effect.
(Ordinance 1874, art. 2, § 250, adopted 3/22/1993)

§ 118-28 Oil and gas drilling and production.

Notwithstanding anything else to the contrary in this section, gas drilling and production shall be permitted in the Agricultural, Residential, and Hometown Edge zoning districts subject only to the requirements of chapter 104 of the North Richland Hills Code of Ordinances. Such drilling and production shall be allowed in all other zoning districts only if a special use permit (SUP) for such use has been granted.
(Ordinance 2861, § 1, adopted 11/14/2005; Ordinance 2964, § 1, adopted 11/12/2007)