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

Legend for use chart.

Description/definitions of uses are listed in section 82-28 "descriptions/definitions."

Additional regulations relating to use of land and buildings in individual zoning districts are listed in articles III through V and article VII of this chapter.

Specific conditions indicated in the use chart are listed in section 82-29 "special uses and conditions."

The use of land or buildings shall be in accordance with those listed in the following chart. No land or building shall hereafter be used or erected, altered or converted other that those uses specified in the zoning district in which it is located.

(Ord. No. 2024-10-28, § 2, 10-28-2024; Ord. No. 2024-10-28-05, § 2, 10-28-2024)

(a)

Residential uses.

Bed and breakfast inn means an owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities, or similar services.

Boarding or rooming house means a residence, excluding hotels, where living quarters are shared by three or more persons not living together as a single household and where personal care services or assistance with medications (as defined by the Texas Health and Safety Code) are not provided. This definition also includes a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided for three or more persons, but not to exceed eight persons.

Caretaker's/guard's residence means a residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises.

Dormitory. See "College or University."

A building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel or rooming house. A dormitory may provide apartment units for guests, faculty or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designated. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge and study area, dining halls and accessory kitchen, recreation facilities and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.

Duplex. See "Dwelling—Two-family."

Dwelling—Multifamily means any building or portion thereof which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Dwelling—Single-family, attached means a dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot. [Also see "Dwelling—Townhouse or Row house" and "Dwelling—Zero lot line"]

Dwelling—Single-family, detached means a detached building designed exclusively for occupancy by one family, excluding manufactured housing and modular homes.

Dwelling—Townhouse or row house means one of a series of not less than three nor more than ten attached one-family dwellings under common roof with common exterior wall and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

Dwelling—Two-family means a building designed for occupancy by two individuals or families living independently of each other within separate units that have a common wall and are under one roof. These units will potentially be owned by separate individuals and shall be separated by designation on the plat.

Dwelling—Zero lot line/garden (patio) home means a residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code, or as amended. These are typically constructed on a lot which is designed in such a manner that the side yard and adjacent use easement make maximum use of available land area to preserve an open, yet private, use of the side yard, and permits construction of a detached single-family dwelling with one side of such dwelling placed on the side property line.

Garage apartment means a dwelling unit erected in conjunction with a garage when the main structure is an owner-occupied detached dwelling unit.

Garage conversion means the elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited unless another garage of the same size (i.e., that has the same number of enclosed parking spaces) is built, simultaneously with the garage enclosure, elsewhere on the same lot within the proper setbacks, not exceeding the maximum lot coverage, including any other city regulations.

Guard's/caretaker's residence. See "Caretaker's/guard's residence."

Guest house 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, and not rented or otherwise used as a separate dwelling.

Manufactured housing, HUD-Code 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 foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. All references in this chapter to manufactured housing or manufactured home(s) shall be references to HUD-Code manufactured housing, unless otherwise specified.

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

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

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

Modular home (or industrialized housing) means per V.T.C.A., Occupations Code, ch. 1202 or as may be amended:

(1)

Modular or industrialized housing is a residential structure that is:

a.

Designed for the occupancy of one or more families,

b.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site, and

c.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

(2)

Modular or industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

(3)

Modular or industrialized housing does not include:

a.

A residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

b.

Housing constructed of a sectional or panelized system that does not use a modular component; or

c.

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Multifamily building. Same as "Dwelling—Multifamily."

Multifamily dwelling. Same as "Dwelling—Multifamily."

Patio home means a single-family dwelling on a separate lot with open space setbacks only on three sides commonly developed in a cluster configuration. Also see "Dwelling—Zero lot line/garden (patio) home."

Rooming house. See "Boarding or rooming house," section 82-28(a).

Senior housing means a development providing dwelling units specifically designed for the needs of ambulatory retired persons. Generally these are age restricted developments which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care.

The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public.

(1)

Cafeteria and/or dining room;

(2)

Library;

(3)

Game room;

(4)

Swimming pool and/or Jacuzzi;

(5)

Exercise room;

(6)

Arts and crafts facilities;

(7)

Greenhouse;

(8)

Housekeeping service;

(9)

Transportation service;

(10)

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

(11)

Beauty/barber shop with a minimum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units;

(12)

Convenience retail shop with a maximum of 350 square feet per 100 dwelling units to provide for sale of food items, non-prescription drugs, small household items and gifts.

Temporary accessory housing shelter means a not-for-profit housing shelter operated as an accessory use to a religious facility only, providing temporary free lodging for indigent individuals or families with no regular home or residential address. A temporary accessory housing shelter shall house a maximum of 14 individuals at one time and shall operate a maximum of 30 days per calendar year. The definition shall not include household care facility and household care institutions.

(b)

Educational, institutional and special uses.

Adult day care center means a facility that provides services under an adult day care program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day care centers must be licensed by the Texas Department of Human Services.

Amenity center means a recreational facility, including, but not limited to, clubhouse, swimming pool, play area, operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public. Also see "Assembly hall," "Civic center," and "Community center," section 82-28(b).

Animal exhibition means a collection of animals for display to the public. An animal exhibition shall not include the sale, breeding, or butchering of animals.

Assembly hall means a building or portion of a building in which facilities are provided for civic, educational, political, religious, or social purposes. Also may be a building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function that is not open to the general public, whether or not a fee is charged. Also see "Amenity center," "Civic center," and "Community center," section 82-28(b).

Assisted living facility means a building or buildings, other than a single-family dwelling, designed and staffed to provide housing for residents who require some type of support for daily living, such as assistance for bathing, dressing, medication, meal preparation, or other functions. In addition to housing, this type of facility may also provide convenience services, such as meals, housekeeping, transportation, and community facilities, such as central dining rooms and activity rooms. An assisted living facility may include an adult day care as an accessory use.

Cemetery or mausoleum means property used for the interring of the dead.

Child care: Foster family home (independent) means per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents and licensed to provide care for six or fewer children up to the age of 18 years.

Child care: Foster group home (independent) means per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents and licensed to provide care for seven to 12 children up to the age of 18 years.

Child care: Licensed child care center means per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, an operation providing care for seven or more children younger than 14 years old for less than 24 hours per day at a location other than the permit holder's home.

Child care: Licensed child care home means per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, the primary caregiver provides care in the caregiver's own residence for children from birth through 13 years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

Child care: Listed family home means per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a caregiver at least 18 years old who provides care in her own home for compensation, for three or fewer children unrelated to the caregiver, ages birth through 13 years. Regular care is provided, which is care provided for at least four hours a day, three or more days a week, and more than nine consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed 12.

Child care: Registered child care home means per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a caregiver who provides regular care in her own home for not more than six children from birth through 13 years. Child day care can be provided for six additional school-aged children before and after the customary school day. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

Civic center means a building or complex of buildings that houses municipal offices and services and which may include cultural, recreational, athletic, convention and/or entertainment facilities owned and/or operated by a governmental agency. Also see "Amenity center," "Assembly hall," and "Community center."

College or university means an institution established for educational purposes offering courses of study beyond the secondary educational level, but excluding trade and commercial schools. Dormitories for students and employees only are permitted in conjunction with these uses. (Also see definition for "Dormitory.")

Commercial/trade schools. See "School, trade or commercial."

Commercial pet sitting/kennel (indoor pens). See "Kennel (indoor pens)/commercial pet sitting."

Community center means a building or buildings dedicated to cultural, social, entertainment, athletic and/or recreational activities, serving the city or neighborhood and owned and operated by the city or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the city. Also see "Amenity Center", "Assembly Hall", and "Civic Center".

Continuing care facility means a place or development defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act providing housing/accommodations and services along the continuum of an elderly person's needs, including independent living, assisted living and/or long-term care facilities. (Also see Nursing/convalescent home, Household care facility, Independent living facility, and Personal care home).

Equestrian center means a structure or facility housing horses which are boarded or rented to the public or conducting riding lessons, but not including a sale barn, auction or similar trading activity. A minimum of ten acres is required for this use.

Family home means a community-based residential home operated by either the State of Texas, a non-profit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the mentally retarded. Family homes are for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet the following requirements:

(1)

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

(2)

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

(3)

All applicable licensing requirements must be met.

Farm, ranch, stable, garden or orchard means an area of five acres of more which is used for growing of usual farm products including the cultivation of vegetables, fruits, and grain and/or raising of usual farm poultry and farm animals also including horses, cattle, and sheep and the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance of law. Farm, ranch or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise or vibrations or be otherwise detrimental to the public welfare. (Also see Stable, commercial and stable, private)

Farmer's market means a farmers' market is an establishment or area used by farmers and other individual vendors primarily for retail sale of food products that meet all applicable federal, state, and local laws regulating the preparation and sale of such products. This definition does not include the sale of any type of meat, fish, poultry, eggs, refrigerated dairy products, or home canned or packaged items.

Feedlot, livestock means a lot or area in which usual livestock is fed and cared for by staffed personnel on a regular basis. This area may include related feeding equipment and structures for the storage of feed and related equipment and management personnel.

Fire station/public safety building means a building housing fire apparatus and usually firefighters, or a building housing a law enforcement agency of a unit of local government.

Fraternal organization, lodge or civil club means an organized group having a restricted membership and specific purpose related to the welfare of the members, such as Elks, Masons, Knights of Columbus or a labor union.

Greenhouse, non-commercial means a building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.

Greenhouse or plant nursery, commercial - major means an establishment for the cultivation and propagation, display, storage and sale (retail and wholesale) of large plants, shrubs, trees and other materials used in indoor or outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted.

Greenhouse or plant nursery, commercial - minor means a retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.

Homebuilder marketing center means a building or structure of either permanent or temporary construction used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development and/or other identified subdivision(s) or construction project.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities as licensed by the State of Texas.

Household care facility means a dwelling unit that provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly, disables, orphaned, abandoned, abused or neglected children; victims of domestic violence, or rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with no more than two caregivers as a single household. Where applicable, a household care facility shall have appropriate licensing and/or registration by the State of Texas. This definition is subject to Personal Care Facility Licensing Act (V.T.C.A., Health and Safety Code, § 247.001 et seq.) and Community Homes for Disabled Persons Location Act (V.T.C.A., Human Resources Code § 123.001 et seq.) as they presently exist or may be amended in the future. (Also see "Continuing care facility," "Longterm care facility," and "Personal care home").

Household care institution. See "nursing/convalescent home." A facility that provides residence and care to more than eight persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, or neglected children; victims of domestic violence; convalescing from illness; or rendered temporarily homeless due to fire, natural disaster, or financial setback. Where applicable, a household care institution shall have appropriate licensing and/or registration by the State of Texas.

Independent living facility means a development providing dwelling units specifically designed for the needs of elderly persons. In addition to housing, this type of facility may provide convenience services, such as meals, housekeeping and transportation, and community facilities, such as central dining rooms and activity rooms.

Kennel (indoor pens)/commercial pet sitting means an establishment with indoor pens in which more than six dogs, cats or other domestic animals are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received. Animal transportation service may be provided.

Kennel (outdoor pens) means an establishment with outdoor pens in which more than six dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Library means any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

Longterm care facility means a development providing in-patient health care, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease.

Mausoleum means property used for the interring of the dead where bodies are interred above ground in stacked vaults. (See "Cemetery or Mausoleum")

Model home means a single-family or duplex residential structure temporarily used for the display, sales, and/or oversight of the construction of new residences within the subdivision or development in which the residential structure is located.

Mortuary/funeral parlor means a place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

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

Nursery, major. See "Greenhouse or Plant nursery, commercial - major."

Nursery, minor. See "Greenhouse or plant nursery, commercial - minor."

Nursing/convalescent home means an institutional facility licensed by the State of Texas providing in-patient health care, personal care or rehabilitative services over a long period of time generally exceeding 30 days to persons chronically ill, aged or disabled who need on-going health supervision but not including hospitals. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.

Personal care home (custodial care) means an owner-occupied, home-operated, non-licensed facility for the elderly providing custodial care to not more than three individuals not related to the provider of such care. Custodial care is that of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel.

Prison, jail, place of incarceration means building, area, structure in which houses inmates removed from society for crimes and or criminal activity.

Rehabilitation care institution means subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), facility which provides residence and care to ten or more persons, regardless of legal relationship, who have been convicted of prohibited criminal conduct and received conditional release, probation, or parole with supervision, and living together with supervisory personnel.

Rehabilitation in-home care means subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), a dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have been convicted of prohibited criminal conduct and received conditional release, probation, or parole with supervision, and living together with supervisory personnel as a single housekeeping unit.

Religious facility/place of worship means a building used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for religious personnel on the premises.

School, private means a school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum general equivalent to public elementary or secondary school.

School, public or parochial means a school under the sponsorship of a public or religious agency providing elementary or secondary curriculum but not including private trade or commercial schools.

School, trade or commercial means establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction on a trade, art or occupation.

Stable, commercial means a structure or facility housing horses which are boarded or rented to the public or conducting riding lessons, but not including a sale barn, auction or similar trading activity. A minimum of ten acres is required for this use.

Stable, private means an accessory building set back from adjacent property lines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per one and one-half-acre area of a farm or lot.

Winery means a wine-making facility that: (1) ferments juices from grapes and/or other fruit, (2) blends wines, (3) manufactures, bottles, labels, and packages wine, and/or performs any other activity authorized by chapter 16, winery permit, of the Texas Alcoholic Beverage Code, as amended.

(c)

Recreational and entertainment uses.

Archery range. See "Gun and archery range (indoor).

Athletic stadium or field, private means a private field(s) and structure used for sporting events with associated spectator seating, either permanent or temporary.

Athletic stadium or field, public means a field(s) and structure owned and operated by the city and/or other public entity used for sporting events with associated spectator seating, either permanent or temporary.

Campground. See "Recreational vehicle park or campground."

Commercial amusement, indoor means an enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas.

Commercial amusement, outdoor means an enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals.

Dance hall means an establishment open to the general public for entertainment, in particular, dancing.

Fairground, exhibition area, or rodeo arena means an area where outdoor fairs, rodeos, circuses or exhibitions are held.

Golf course and/or country club means a land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests.

Golf driving range means an area primarily used for the practice of golf.

Gun or archery range (indoor) means any indoor facility open to the public and occupying all or a portion of a building where firearms and/or archery are discharged for testing or recreation purposes.

Park, playground or recreation center (public) means a recreation facility or park designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, owned and operated by a public agency and available to the general public.

Park, playground or recreation center (private). See "Commercial amusement, indoor" and "Commercial amusement, outdoor."

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

Recreational vehicle park or campground means any area that is designed for occupancy by transients using tents, mobile trailers, or recreational vehicles for temporary sleeping purposes.

Rodeo arena and grounds means an area or structure that is designed to hold an event in which people come and assemble to watch skilled individuals compete at riding horses and bulls, catching animals with ropes, etc. See "Fairground, exhibition area" or "Rodeo arena."

Zoo means a park or an institution in which living animals are kept and usually exhibited to the public.

(d)

Transportation, utility and communications uses.

Airport, heliport, or landing field means a place where aircraft and/or helicopters suitable for passengers can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers and/or freight.

Amateur radio antenna means any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

Antenna, commercial means any antenna system that provides, directly or indirectly for a fee, telecommunications services to the public or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Antenna, stealth means a commercial antenna that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth antennas include but are not limited to:

(1)

Antennas within a building's attic space;

(2)

Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located;

(3)

Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted to match the structure;

(4)

Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature; and

(5)

Antennas located on an athletic field light pole.

Commercial drone delivery hub means an area of land, structural surface, building, or structure with one or more designated drone staging areas for use by unmanned aircraft to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities.

Communications operations, amateur means the transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals for private or personal use and not for the purpose of operating a business and/or financial gain.

Communications operations, commercial means the transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals primarily for the purpose of operating a business and/or financial gain.

Drone staging area means a designated area within a commercial drone delivery hub over which an unmanned aircraft completes the final phase of the approach, to a hover, docking, or a landing, and from which an unmanned aircraft initiates take-off. The drone staging area includes the launch equipment, landing or docking equipment, and any required safety areas and may include areas for the outdoor storage of goods, materials, containers, trailers, or other equipment. (See Section 82-29(1)).

Electrical power generating plant means a power station (also referred to as a generating station, power plant, powerhouse or generating plant) is an industrial place for the generation of electric power.

Helistop means an accessory use where aircraft and/or helicopters suitable for passengers can land and take off but excluding refueling, maintenance, repairs, and storage of helicopters.

Landfill means an area containing a system of trash and garbage disposal in which the waste is buried between layers of earth to build up low-lying land — called also sanitary landfill.

Liquefied petroleum gas storage/sale (no bulk plants) means an LPG storage facility, the primary purpose of which is the distribution of LPG which has: ... Those standards developed by the National Fire Protection Association for the storage and handling of liquefied petroleum gases.

Microwave reflector/antenna means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbital located transmitter or transmitter relay. This definition is meant to include, but is not limited to, what are commonly referred to as satellite receive only earth stations (T.V.R.O.S.) or satellite dishes.

Private utility (other than listed) means a non-public utility requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or public utilities.

Radio, television or microwave communications operations, amateur means the transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals for private or personal use and not for the purpose of operating a business and/or financial gain.

Radio, television or microwave communications operations, commercial means the transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals primarily for the purpose of operating a business and/or financial gain.

Service yard, government agency means area including buildings related to the operation of the government's maintenance and construction equipment. May include a maintenance garage for the servicing and repair of the related equipment. The use may contain limited amounts of fuel storage for the government vehicles and equipment.

Sewage treatment plant means a facility that operates and carries out a process to which sewage is subjected to remove or alter its objectionable constituents by reduction in the organic and bacterial content, rendering it less offensive and dangerous.

Shops, office and/or storage of public or private utility means area including buildings related to the operation of the maintenance and construction equipment. May include a maintenance garage for the servicing and repair of the related equipment. The use may contain limited amounts of fuel storage for the vehicles and equipment. (Also see "Service yard, government agency")

Solid waste transfer station means a facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.

Telephone exchange means a central office in which telephone lines are connected to permit communication.

Transmission lines. See "Utility distribution/transmission lines."

Transit station or turn around means any premises, including train or bus stations, for the loading and unloading of passengers and the temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of transit vehicles.

Transportation and utility structures/facilities means permanent facilities and structures operated by companies engaged in providing transportation and utility services including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, water reservoirs, and water pumping stations.

Unmanned aircraft means an aircraft operated without the possibility of direct human intervention from within or on the aircraft. Also known as a drone.

Utility distribution/transmission lines means facilities, including subsidiary stations, which serve to distribute and transmit electrical power, gas and water including, but not limited to, electrical transmission lines, gas transmission lines, and metering stations.

Water treatment plant means a facility owned and/or operated by a private entity that is used to alter the physical, chemical, or biological quality of water.

Wind energy conversion systems, farm or utility means the principal use of the land is the commercial production of energy through one or multiple wind energy conversion systems (WECS).

Wind energy conversion systems, small means a small wind energy conversion systems (WECS) shall be defined as any device such as a wind charger, windmill, or wind turbine, which converts wind energy to a form of usable energy and is an incidental use to the primary use of a property.

(e)

Automobile and related service uses.

Automobile leasing means storage and leasing of automobiles, motorcycles and light load vehicles.

Auto paint and body shop. See "Automobile repair, major."

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

Automobile parts sales (outside) means the use of any land area for the display and sale of new or used parts for automobiles, panel truck or vans, trailers or recreational vehicles.

Automobile paid parking lot or parking garage means an area or structure where a fee is charged for parking automobiles and which serves as the primary use on the lot. This use does not include the storage of gasoline.

Automobile parking lot or parking garage means an area or structure for parking light load vehicles and which serves as the primary use on the lot. This use does not include the storage of gasoline.

Automobile repair, major means general repair or reconditioning of engines and air-conditioning systems for motor vehicles, wrecker service, collision services including body, frame or fender straightening or repair, customizing, overall painting or paint shop, vehicle steam cleaning, those uses listed under "Automobile repair, minor" and other similar uses.

Automobile repair, minor/service station means an establishment used for the retail dispensing or sales of automobile fuels, lubricants, and automobile accessories; the minor repair or replacement of parts, paintless dent repair, and performing state inspections and making minor repairs necessary to pass said inspection. Uses listed under "Automobile repair, major" or any other similar uses are not included. Vehicles, which are inoperative or are being repaired, may not remain parked outside of an enclosed structure for a period greater than seven days.

Automobile and trailer sales, new means building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles and light load vehicles, to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the automobiles to be displayed and sold on the premises. No dismantling of automobiles for sale or keeping of used automobile and trailer parts or junk on the premises is permitted. The sale and/or leasing of used automobiles or light load vehicles are permitted as a minor part of the business.

Automobile and trailer sales, used means building(s) and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sale area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.

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

Automobile wrecking yard or junk yard means any building, structure or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage and scraping of any other goods, articles or merchandise. This includes any lot upon which two or more motor vehicles of any kind which are incapable of being operated due to condition or lack of license have been placed for the purpose of obtaining parts for recycling or resale.

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

Car wash means a facility for the washing or cleaning of vehicles. A car wash may be:

(1)

A single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high pressure hose to wash the vehicle by hand; or

(2)

An automated single unit type which has a single bay to accommodate one vehicle at a time; or

(3)

A tunnel unit type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

Parking garage means a structure designed specifically for the enclosed parking of motorized vehicles.

Parking lot means an off-street, ground-level area, surfaced and improved, for the temporary storage of motor vehicles.

Parking lot-recreation vehicles means an area or structure designed for the short- or long-term parking of recreation vehicles for sale, distribution, or storage purposes.

Parking lot or parking garage - trucks means area for parking heavy load vehicles.

Recreational vehicle sales and service, new/used means sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and boats.

Tire dealer (no outside storage) means facility that sells automobile and truck tires to the general public. The tire storage is completely contained within the building.

Tire retreading and recapping means a facility primarily set up to recondition (a worn automobile or truck tire) by cementing on a strip of prepared rubber and vulcanizing by subjecting to heat and pressure in a mold.

Truck/bus leasing means a building or area providing for the rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done.

Truck/bus repair means an establishment providing major and minor automobile repair services to heavy load vehicles.

Truck or motor freight terminal means an area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis and may include facilities for the temporary storage of loads prior to shipment.

Truck sales, heavy trucks means the display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

(f)

Retail and service type uses.

Air conditioning and refrigeration contractor means a place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Vernon's Ann. Civ. St., art. 8861.

Alcoholic beverage sales means any establishment that derives 75 percent or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, for on-premises consumption. (See Texas Alcoholic Beverage Code, TABC) also see local option election.

Amusement, commercial (indoor) means an establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, martial arts classrooms and/or practice areas, gymnasiums and indoor running or jogging tracks.

Antique shop means a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sale and storage occurring inside a building.

Arcade means an establishment with six or more player-operated skill or amusement machines, or a combination of six or more such machines and/or connected control panels that provide access to the machines.

Artisan's workshop/handcraft shop means an establishment, not exceeding 3,000 square feet of floor area, for the preparation, display, and sale of individually-crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles, and related items.

Arts and crafts store (limited outside sales). See "Retail, stores and shops."

Bakery and confectionary, commercial means a place for preparing, cooking or baking of products primarily intended for off-premises distribution.

Bakery and confectionary, retail sales means a place for preparing, cooking, baking and selling of products on the premises.

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

Barber shop/beauty salon means any commercial establishment where cosmetology is offered or practiced on a regular basis for compensation, including hair care, nail care, and skin care.

Building materials and hardware sales, major means an establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise.

Building materials and hardware sales, minor means an establishment for the sale of materials customarily used in the construction of buildings and other structures, without any outside storage or display of materials or merchandise.

Business service mean establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment sales, rental, leasing or repair.

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

Clinic, medical or dental means a facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight.

Convenience store with gas pumps means a retail establishment of 5,000 square feet or less of floor area that sells food and other consumable and non-consumable products for off-premises use or consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile repair or the sale of replacement parts.

Convenience store without gas pumps means a retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumption.

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

Data center means a facility whose primary service is data processing and is used to house computer systems and associated components, such as telecommunications and storage systems, including but not limited to web hosting organizations and internet service organizations. A server farm, telecom hotel, carrier hotel, telehouse co-location center, or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center. (This definition shall only apply to data center as a primary use.)

Discount, variety or department store means a retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.

Drive-in service facility means facilities designed so that patrons customarily park on the premises and obtain services or goods brought out of the building to them by an employee of the business, without leaving their cars.

Dry cleaning and laundry, drop-off or self-service means a facility for the cleaning of garments, principally for individuals. This use may be either:

(1)

A facility where patrons do their own cleaning; or

(2)

A facility where the cleaning is done by employees of the establishment.

Engine/motor repair means the adjustment, reconditioning, or restoration to working order of engines and motors.

Equipment and machinery sales and rental, major means a building or open area used for the display, sale, rental, or storage of heavy equipment and machinery. Heavy machinery includes but is not limited to tractors, farm machinery, bulldozers, street graders, and paving devices.

Equipment and machinery sales and rental, minor means a building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not limited to, bicycles, lawn mowers, tools, and other small machinery.

Exterior sales means the sale or display of merchandise within a designed area outside of a building, including greenhouses designed with a fabric, membrane, glass, or plastic roof structure and used exclusively for the sale or storage of plants.

Feed and farm supply store (inside sales/storage) means an establishment for the selling of food stuffs for animals including implements and goods related to agricultural processes but not including farm machinery.

Feed and farm supply store (outside sales/storage) means an establishment for the selling of food stuffs for animals including implements and goods related to agricultural processes but not including farm machinery.

Flea market, inside means a building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Flea market, outside means an outdoor site where space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

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

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

Furniture, home furnishings, and equipment stores means retail stores selling goods used for furnishing the home, including, but not limited to, furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.

Garden center (retail sales) means location including land and buildings at which plants, trees, shrubs, horticultural supplies and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.

General merchandise store means retail stores which sell a number of lines of merchandise including, but not limited to, dry goods apparel and accessories, furniture and home furnishings, small wares, hardware and food. The stores included in this group are known as department stores, variety stores, general stores and other similar stores.

Gymnastics/dance studio means a building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

Handcrafted art work studio means a facility for individuals to create art objects such as needlework, hand weaving, leather goods, jewelry, ceramics, sculptures, or other works of art. This use does not include a factory for the production of art products.

Hardware sales means the indoor sale of new building materials and supplies with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.

Health/fitness center means a public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include but are not limited to game courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.

Hotel/motel means a building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers where the operation is managed by a person or persons in charge at all hours. Such uses may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.

Residence hotel (extended stay hotel) means a multi-dwelling, extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services such as linen, maid service, telephone and upkeep of furniture shall be provided. Meeting room, clubhouse and recreational facilities intended for the use of residents and their guests are permitted. Residence hotel room units are designed to be suitable for long term occupancy with financial consideration being calculated on a nightly, weekly, and/or monthly basis. Typical residence hotel attributes include, but are not limited to, kitchen facilities, two-story design, and external doorways into room units. This definition shall not include other dwelling units as defined in this chapter.

Household appliance service and repair means the maintenance and rehabilitation of appliances customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners and hair dryers.

Ice machine, self service - drive up. See "Accessory uses."

Indoor gun range means any indoor facility open to the public and occupying all or a portion of a building where firearms are discharged for testing or recreation purposes.

Kiosk means a small, free-standing, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes or the posting of temporary information and/or posters, notices, and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 25 square feet.

Laboratory, medical or dental means a facility intended for the examination of clinical specimens for the purpose of providing information such as diagnosis, prognosis, prevention, or treatment of disease to improve the health of a patient.

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

Laundry cleaning, commercial means an industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

Locksmith/security system company means establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems.

Mail services means a commercial business which conducts the sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.

Massage therapy, licensed means an establishment in which massage therapy service is provided. "Massage therapy" means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy, or any derivation of those terms. The terms "therapy" and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. Massage therapy is a health care service practiced by a licensed massage therapist, as defined by state law.

Medical office means an establishment dispensing health services, including medical, surgical, dental, and other services.

Medical supplies, sales and service means an establishment conducting the sale, servicing or repair of medical devices and equipment to the general public.

Metal dealer, crafted precious means a place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium or heir alloys, including coins and commemorative medallions, under terms and conditions found in Vernon's Ann. Civ. St., art. 990a.

Metal dealer, secondhand means a place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale or transfer under terms and conditions found in Vernon's Ann. Civ. St., art. 9009 (Also see "Junk or salvage yard").

Mobile food vendor means any person or persons who operates or sells food from a stationary cart, or trailer mounted on chassis, but without an engine for period of 15 calendar days or greater per year. Mobile food vendors who operate for 14 calendar days or less shall be considered temporary food establishments. Such establishments shall meet the health standards and requirements of the city as adopted or as amended.

Mortuary/funeral parlor means a place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Motorcycle sales, service means the display, sale, and servicing, including repair work, of motorcycles.

Office center means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.

Office, professional or general administrative means a room or group of rooms used for the provision of executive management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering and business offices of public utilities, organizations and association but excluding medical offices.

Office - showroom/warehouse means an establishment that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall be incidental to the primary use and shall not exceed 50 percent of the total floor area. This designation does not include contract construction or contractor's shop and storage yard.

Package sales means an establishment principally for the retail sale of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premises consumption and rendering services that are incidental to the sale of such goods.

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

Personal service shop means an establishment primarily engaged in providing services generally involved in the care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and laundry pick-up stations and weight loss salons/health clubs.

Pet shop means a retail establishment offering small animals, fish or birds for sale as pets and where all such creatures are housed within the building.

Pharmacy means a retail store that primarily sells prescription drugs, which may also sell non-prescription drugs and medical supplies, other health care products, and a limited variety of convenience items.

Plumbing, heating, refrigeration or air conditioning business, including service means an establishment primarily engaged in the sales, service or installation of equipment pertaining to plumbing, heating, refrigeration or air conditioning contractors. (Also see "Air conditioning and refrigeration contractor). Also includes the operation of a business which involves only retail sales and off-premises service, installation and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted.

Portable building sales means an establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.

Print shop-major means an establishment whose primary service is long-run printing including, but not limited to, book, magazine, and newspaper publishing.

Print shop-minor means an establishment whose primary service is short-run printing to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar items.

Private club means an establishment providing social and dining facilities, as well as alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of the Texas Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Racquetball facilities means courts housed in an acoustically-treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery and related uses up to a maximum of 40 percent of the total floor area.

Restaurant/cafeteria means an establishment where food and drink are prepared and consumed primarily on the premises. Drive-up windows are permitted.

Restaurant - drive-in means an eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Retail, miscellaneous stores means establishments engaged in the retail sale of specialized lines of merchandise not elsewhere classified including, but not limited to, drug, liquor, apparel and accessories, handcraft, and pastries.

Retail/service (incidental) means retail or service use(s) that is clearly incidental and supportive to the primary use(s). Said retail or service use(s) shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use(s). Such uses shall have no separate outside entrance and no signage visible from the outside.

or

Any use different from the primary use but 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 an area that constitutes not more than 15 percent of the main use.

Retail, service store or shop means an establishment engaged in the selling and/or servicing of goods where a minimum of 80 percent of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores specifically excluded.

Retail, stores and shops means an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, including bicycles, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationary, pets, drugs, auto parts and accessories, and similar consumer goods.

Retail, superstore means any retail building for a single, primary tenant that exceeds 70,000 square feet in size. A superstore may contain multiple secondary tenants with interior access to the primary tenant space. A superstore may be freestanding or may be an in-line tenant in a larger center. The square footage of a superstore shall include all primary and ancillary uses with interior access to the primary tenant space including inventory storage, automotive repair, and open storage areas.

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

Sexually oriented uses means sexually oriented establishments and businesses as defined in City Ordinance Nos. 87-05-03, 91-02-05, 97-10-18, and 97-10-19 as they exist or may be amended. Sexually oriented uses include, but are not limited to, adult bookstore, adult video store, adult theater, adult cabaret, sexual encounter center, and nude modeling center.

Shopping center means a group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Small engine repair shop means a shop for repair of lawnmowers, chainsaws, lawn equipment, and other machines with only one-cylinder engines.

Studio for photographer, musician, and/or artist means a building or portion of a building as a place of work by a photographer, musician, and/or artist.

Studio for radio and/or television means a building or portion of a building used as a place for radio and/or television broadcasting.

Studio residence means a residence which includes up to 50 percent of its total floor area as a work area for a photographer, artist, musician, architect, or similar occupation. The primary occupant of the work area must also be a photographer, artist, musician, architect, or similar occupation. The primary occupant of the work area must also be a permanent resident of the dwelling unit. All activities associated with the studio shall take place in the primary structure, as opposed to an accessory building or yard. (All stipulations applying to "home occupations," with exception of the 50 percent floor area limitation, shall apply to studio residences.)

Tanning salon means a facility specializing in cosmetic tanning.

Tattooing and permanent (or intradermal) cosmetics shop means an establishment governed under the Texas Department of Licensing and Regulation, whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body to insert jewelry or another decoration.

Taxidermist means an establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

Theater (indoor) means a building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live performances with a maximum of ten screens or stages and a combined seating capacity of 2,500 or less.

Theater (outdoor) means an open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater—Regional means a building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live performances having more than ten screens or stages or a combined seating capacity greater than 2,500.

Tire dealer (no open storage) means a retail establishment engaged in the selling and/or installing of tires for vehicles but without open storage.

Tire dealer (with open storage) means a retail establishment engaged in the selling and/or installing of tires for vehicles but with open storage.

Tool rental shop means a building or a portion of a building used for the display and rental of tools and instruments.

Trailer, manufactured housing or mobile home display and sales means the offering for sale, storage or display of trailers, manufactured housing or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Trailer rental means the display and offering for rent of trailers designed to be towed by light load vehicles.

Veterinary clinic and/or kennel, indoor means an establishment, not including outside pens/kennels, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Veterinary clinic and/or kennel, outdoor means an establishment with outdoor pens/kennels, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Washateria means a building or place where clothes and linens are washed and thoroughly dried by the use of not exceeding three employees and four automatic single family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where fuel and power for the heating of water and drying shall be smokeless and odorless (See "Dry Cleaning and laundry, drop-off or self-service").

(g)

Manufacturing, industrial and warehousing uses.

Asphalt or concrete batching plant (temporary) means a temporary facility for mixing cement or asphalt.

Construction yard (temporary) means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction. Also see section 82-29(b).

Field office means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction, or the sale of real estate properties within the active development or construction project. Also see section 82-29(b).

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

General manufacturing means manufacturing of finished products and component products or parts from the transformation, treatment or processing of materials or substances, including basic industrial processing.

Manufacturing, industrial-heavy intensity means basic industrial processing which transforms materials, particularly raw materials, into a new substance, compound, or product. Uses include but are not limited to the following:

Acetylene gas manufacture or storage

Acid manufacture

Advertising displays manufacture

Alcohol manufacture

Ammonia, bleach or chorine manufacture

Arsenal

Blast furnace

Boat building

Boiler works

Bottling works

Brick, tile, pottery or terra cotta manufacture, other than handcraft

Brooms or brushes, manufacture

Cameras or other photographic equipment manufacture

Carpet manufacture

Celluloid manufacture or treatment

Cement, lime, gypsum or plaster of Paris manufacture

Ceramics, stone, glass, marble or porcelain products manufacture

Chemical manufacture

Coal, coke, or wood yard

Concrete or asphalt batching plant (permanent)

Cotton gin

Cotton seed oil manufacture

Creosote treatment

Dairy products processing or manufacture

Disinfectant manufacture

Distillation of bones, coal or wood

Electrical appliances/supplies/ machinery assembly or manufacture

Explosives or fireworks manufacture or storage

Fat rendering

Fertilizer manufacture

Fiberglass manufacture

Fish smoking and curing

Food products processing

Forge plant

Foundry (iron, steel, brass or copper)

Furniture and upholstery manufacture

Garbage, offal or dead animal reduction

Gas manufacture

Glass products manufacture

Glue or gelatin manufacture

Grain elevator

Hatchery

Insect poison manufacture

Junk or salvage yard

Jute, Hemp, Sisal or Oakum products manufacture

Livestock feed yards

Mattress manufacture or renovation

Metal fabrication; machine shop

Meat processing/locker plant/frozen food products

Mill (grain, flour, food products)

Mines and quarries

Miscellaneous hazardous industrial use

Oil well/gas well and mineral extraction

Oilcloth or linoleum manufacture

Oil field service shop

Ore reduction

Paint oil, shellac, turpentine or varnish manufacture

Paint shop

Paper products manufacture

Petroleum products, bulk quantities

Plastic products manufacture

Recycling facility

Recycling plant

Salvage or reclamation of products

Sand, gravel, stone, or petroleum extraction

Scrap metal sales and storage

Sporting and athletic equipment manufacture

Steel fabrication

Tire recapping, vulcanizing

Tools or hardware manufacture

Toys and novelty products manufacture

Truck terminal

Window shade, awnings, venetian blind manufacture

Laundry plant

Yeast manufacture

_____

Manufacturing, industrial-light intensity means indoor assembly and manufacturing of finished products or parts from previously prepared materials and parts. Fabrication may be used in limited form to shape or define the final product but shall not comprise the primary activity of such operations. Uses include but are not limited to the following:

Apparel and other products assembled from finished textiles

Bag cleaning

Boat repair

Bookbinding, except hand binding

Candle manufacture

Carpet cleaning

Cleaning and dyeing; dry cleaning plant

Cosmetic manufacture

Drugs or pharmaceutical products manufacture

Electronic products assembly

Emery cloth or sandpaper manufacture

Fur good manufacture (not including tanning or dyeing)

Household appliance assembly and manufacture from prefabricated parts

Ice production, dry or natural

Musical instrument manufacture

Orthopedic or medical appliance manufacture

Recycling collection point

Research and development center

Small engine repair shop

Storage/repair/restoration of furniture and appliances (inside)

_____

Junk or salvage yard means a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled or handles, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes an automobile wrecking yard and automobile parts yard. A "junk yard" does not include such uses conducted entirely within an enclosed building (also see "Metal dealer, secondhand").

Metal fabrication; machine shop means a workshop where metal fabrication tools, including, but not limited to, lathes, presses, and mills, are used for making, finishing, or repairing machines or machine parts.

Mini-warehouse/public storage means a facility used for storage of goods and/or materials with separate access to individual storage units of 500 square feet or less by persons renting the individual units. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit.

Miscellaneous hazardous industrial use means any industrial use not specifically defined in this section that is a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Office/warehouse/distribution center means a building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Oil well/gas well and mineral extraction means area used for development and production and all operational activities associated with oil and gas for any well drilled, to be drilled, or used for the intended or actual production of oil or natural gas, or a well classified as an oil or gas well under the laws of the State of Texas. Mineral extraction is the process of extracting sand, gravel, stone, or other minerals/natural resources from the earth.

Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.

Recycling facility means a facility in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.

Recycling plant means a facility that is not a junkyard and 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.

Research and development center means an indoor facility that includes laboratories and experimental equipment for medical testing, prototype design and development, and product testing. Any facility that is determined by health, fire, or building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category.

Service contractor (no storage yard) means establishments whose primary activity is the provision of services for the construction, maintenance, cleaning, or repair of buildings and properties on a fee or contract basis. Service contractors may include, but are not limited to, plumbing, heating and air conditioning, construction, and landscape maintenance services with no outside storage of equipment, goods, and materials.

Service contractor (with storage yard) means a service contractor (as defined above) with an open storage area for goods, materials, and equipment, including trailers designed to be towed, associated with the conduct of the business.

Shops, office, and storage area-public/private utility means the pole yard, maintenance yard, or administrative office of public or private utilities.

Small engine repair shop. See section 82-28(f).

Storage/repair/restoration of furniture and appliances (inside) means an establishment that repairs common household appliances and furniture items such as refrigerators, stoves, microwave ovens, televisions, stereos, radios, lamps, tables, chairs, desks, and sofas, and which may provide indoor storage space for items being repaired.

Storage/repair/restoration of furniture and appliances (outside) means an establishment that repairs common household appliances and furniture items such as refrigerators, stoves, microwave ovens, televisions, stereos, radios, lamps, tables, chairs, desks, and sofas, and which may provide for outdoor storage space for items being repaired.

Storage/wholesale warehouse, heavy means a building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

Storage/wholesale warehouse, light means a building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

Truck terminal means an area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to shipment.

Warehouse/distribution center means a building used primarily for the storage and distribution of goods, merchandise, supplies, and equipment including wholesalers which display, sell, and distribute merchandise to business representatives for resale but excluding "Truck Terminal."

(h)

Accessory uses.

Accessory building or use means an accessory building or use is one which (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent or purpose to the principal building or principal use served; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served, or in the same building structure, provided such use is allowed in principal use zoning district.

Carport means a structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension.

Construction yard (temporary) - see section 82-28(g). A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field office (also see section 82-29(b)).

Customary home occupation means an occupation, profession, domestic craft or economic enterprise which is customarily conducted in a "residential dwelling" as hereinafter defined, subject to compliance with each of the following conditions:

(1)

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

(2)

No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.

(3)

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

(4)

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

(5)

The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

(6)

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

(7)

No offensive noise, vibration, smoke, dust, odors, heat or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.

(8)

The occupation, profession, domestic craft or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

(9)

No stock, goods, wares or merchandise shall be sold or kept for sale on the premises.

(10)

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

(11)

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

Day care center (accessory) means an accessory use providing care for children of employees, customers, or patrons of the principal use. The center shall be completely contained within the primary use and shall not constitute more than 15 percent of the area of the principal use.

Field or sales office (temporary). See section 82-28(g) and section 82-29(b).

Solar panels mean panels constructed of specific components that when exposed to radiation from the sun are used to heat water or, when mounted with solar cells will to produce electricity. These panels are usually mounted to roof structures or other structures that will place them in a direct line with the sun.

(Ord. No. 2024-10-28, § 3, 10-28-2024)

(a)

Child care centers.

(1)

No portion of a child care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks or any other storage area for explosive or highly combustible materials, measured by straight line from gasoline pumps or storage tanks to closest point of tract or lot containing a child care center.

(2)

Child care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.

(3)

Site plan approval by the planning and zoning commission shall be required for all child care center sites.

(4)

Child care centers located within any Single-Family or Two-Family Residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.

(5)

All child care centers shall comply with the following standards:

(6)

All vehicular entrances and exits hall be clearly visible from the street.

(7)

All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.

(8)

Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the planning and zoning commission of the child care is provided for less than four hours per day for an individual person.

(9)

In residential districts, a maximum of one-half of the required outdoor play space may be provided off site. When off-premises outdoor play area is utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.

(10)

No child care center shall be part of a one-family or two-family dwelling.

(b)

Construction yards, field offices and other temporary buildings. Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the city council. Upon due notice and hearing before the city council, any such permit may be revoked if the city council finds the use of the building or structure is contrary to the intent of this chapter or results in increased noise, traffic or other conditions considered to be a nuisance or hazard.

(c)

Radio, television and microwave towers.

(1)

No radio, television, cellular or microwave tower shall be located within a distance equal to at least the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current comprehensive plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.

(2)

No commercial, radio, television, cellular or microwave reflector antenna support structure shall be closer to any residential district boundary line or any area shown as residential on the current comprehensive plan than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two stories. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.

(3)

The location of radio, television, cellular or microwave reflectors, antennas or support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.

(4)

All commercial communication operations of radio, television, cellular, microwave reflectors, antennas or structures shall be prohibited in residential districts.

(5)

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.

(d)

Residence hotels. Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in section 82-19. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.

(e)

Garden (patio) homes - SF-Z.

(1)

Location on lot: Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot-wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten feet shall be provided. The combined area of all structures shall not exceed 55 percent of the lot area.

(2)

Front yard setback: The minimum front yard shall be 20 feet, and in no case shall a garage or carport fronting onto a street be less than 20 feet from the property line adjacent to the street. The front yard setback may be staggered, varied or reduced to a minimum setback of 15 feet to allow for the encroachment of covered front porches, living area, and J-swing garages, with the approval of a site plan or a subdivision plat. Front entry garages shall not be permitted to encroach into the front setback. A minimum lot depth of 90 feet, as measured from front lot line to the rear lot line, shall be maintained.

(3)

Rear yard setback: The minimum rear yard shall be five feet for a single story structure and 15 feet for any two-story structure. If access is from an alley, the minimum setback will be 20 feet for garages or carports.

(4)

Side yard setback: The minimum side yard shall be zero feet except that there shall be at least ten feet of separation between structures. When garden (patio) homes are constructed with a zero side yard, five feet on the lot adjacent to the zero setback shall be dedicated as an access easement for the zero setback garden (patio) home. There shall be a minimum of 20 feet from any property line adjacent to a street.

(5)

Lot frontage: The minimum frontage of any garden (patio) home shall be 40 feet on all streets.

(6)

Lot area: The minimum lot area for any development lot for garden (patio) homes shall be 4,500 feet.

(7)

Maximum length of structures: No zero lot line structure shall have an overall length exceeding 250 feet.

(8)

Maximum height of structures: No structure shall exceed two stories or 35 feet in height.

(9)

Parking: Two off-street spaces per dwelling unit plus one-half space per dwelling unit for visitor parking within 600 feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.

(10)

Common area maintenance: To insure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:

a.

Plats and site plans shall be approved subject to the submission of a legal instrument, setting forth a plan or manner of permanent area and maintenance of open spaces, recreational areas and other community owned facilities. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect. A homeowners association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.

b.

The HOA or other similar management entity shall be organized as a non-profit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes and the maintenance of all commonly held facilities through the use of a pro-rate formula for all property owners.

(11)

Usable open space requirements: Each parcel of land developed under patio home standards shall provide usable open space totaling 15 percent of the area of a patio home development. Such open space shall have a maximum slope of ten percent and shall be exclusive of street and alley rights-of-way and/or easements, private yards and patios. The 15 percent shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current comprehensive plan). At the time of site plan and/or subdivision plat approval, the city council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.

(12)

Additional landscaping: In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.

(f)

Multifamily residence.

(1)

Courts: Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.

(2)

Usable open space: Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in section 82-28(a)), in accordance with the table below:

a.

Number of bedrooms or sleeping rooms: One or less = 600 square feet.

b.

Each additional bedroom: Over one = 300 square feet.

In those instances where a parcel of land has been zoned for multifamily use with a specific use permit or planned development classification and the permitted densities do not conform exactly with those permitted in the MF district, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.

In meeting this requirement, a credit of three square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios or lounge areas within ten feet of a pool, developed and equipped children's play areas, and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the planning and zoning commission and/or city council may allow a credit not to exceed ten percent of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis for public parks shall not exceed 50 percent of the total usable open space for an individual lot or parcel of land.

At the time of site plan approval, the city council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmentally significant and that their preservation would enhance development.

(g)

Service stations/convenience store with gas pumps.

(1)

Gasoline service station pump islands may not be located nearer than 18 feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten feet to the property line.

(2)

Roofs of convenience store building and pump canopy shall be pitched.

(3)

Canopy columns shall be fully encased with masonry that is complimentary to that used on the main building.

(4)

The canopy band face shall be a color consistent with the main structure or an accent color and may not be backlit or used as signage.

(h)

Swimming pools - in ground or above ground. It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.

(1)

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

(2)

A swimming pool may be constructed and operated when:

a.

The pool is not located in any required front or side yard abutting a street;

b.

A wall or fence, not less than six feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area;

c.

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

d.

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

e.

The swimming pool is no closer than three feet from any property line.

(i)

Private clubs. Alcoholic beverage establishments shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local elections.

(1)

Specific use permit required. In order to protect the general health, well-being and welfare of the citizens of Princeton, the city council declares it to be the policy of the city that private clubs for the consumption of alcoholic beverages shall not be permitted within the city without such establishment having first secured a specific use permit approved by the city council under the terms and regulations of this chapter. The permit shall take the form of a letter from the city council to the applicant, receipt of which is necessary before operation of a private club.

(2)

Penalty for operation without permit. It shall be unlawful for any person to operate a private club for the sale or dispensing of alcoholic beverages without first having secured a specific use permit from the city council. Operation of a private club without first securing a specific use permit shall be deemed a misdemeanor and any person convicted thereof shall be fined any sum not exceeding $200.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation.

(3)

Location.

a.

Service and consumption of alcoholic beverages in a Planned Development (PD) may be allowed subject to inclusion in and approval of the PD regulations by the city council. Such PD regulations shall control to the exclusion of this chapter other than compliance with the provisions of the Texas Alcoholic Beverage Code.

b.

Establishments seeking to qualify under this section, except those in a PD, must be located in an area zoned NC, C-1 or C-2 and such premises shall not be located within 300 feet of the property line of any church, public or parochial school, hospital, extended care facility or public park, except that this prohibition will not apply to property located within 300 feet of a public park if the city council affirmatively finds that the issuance of the specific use permit will not be detrimental or injurious to the public health, safety, or general welfare or otherwise be injurious to the inhabitants.

The 300-foot distance shall be measured from the front door of the premises to the nearest property line of a public park. The measurement of the distance between the private club and the church, hospital, or extended care facility shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the private club and the public or parochial school shall be from the nearest property line of the public or parochial school to the nearest doorway by which the public may enter the private club, along street lines and in direct line across intersections, or as amended by the Texas Alcoholic Beverage Commission.

c.

Establishments for the on-premises sale or consumption of alcoholic beverages shall be located within an area containing two acres or more in size and zoned NC, C-1 or C-2. Said area need not be under single ownership, and areas separated by a minor or secondary street are to be considered contiguous for determination of the acreage requirement. Where areas are separated by an arterial thoroughfare, existing or proposed, they shall be considered separate areas for determining acreage requirements as set forth in this section.

(4)

Operational regulations.

a.

Such establishments shall comply with all of the provisions of the Texas Alcoholic Beverage Code and receive a private club permit from the state within six months from the date of issuance of specific use permit by the city, each such limitation in time being subject to extension by the city council.

b.

The city council may revoke a specific use permit upon the finding that any of the operational requirements imposed at the time of granting the permit are not met or thereafter cease to exist. Said specific use permit shall be subject to review based on recommendation from the police department that the public safety has been or is being jeopardized. The city manager, fire marshal and the chief of police are specifically authorized to receive, accept, and investigate complaints from any source.

c.

A private club with a bar or lounge area shall be designed so that patrons can enter only from an area within the primary use, for example the dining or reception area of a restaurant, hotel or motel. Emergency exits directly to the outside are permitted.

d.

No signs advertising the sale of alcoholic beverages shall be permitted other than those authorized under the Texas Alcoholic Beverage Code and the city sign ordinance.

(j)

Livestock and other animal-related uses. Any uses pertaining to the use of livestock or other animals shall be subject to compliance with chapter 10 animal control in the Princeton Code of Ordinances, as amended.

(k)

[Provisions.] This subsection (k) shall not apply when the storage or serving of alcoholic beverages is strictly for the consumption of the owners of the premises and their guests at no charge.

(1)

The storage, possession, or sale of any alcoholic beverage, when permitted by the laws of this state, shall be regulated and governed as provided herein and in other applicable ordinances and regulations of the city.

(2)

Beer sales are not permitted in residential zoning districts.

(3)

The hours for the sale of alcoholic beverages shall be as permitted under state law. The city has not adopted an ordinance permitting extended hours of sale.

(4)

Unless permitted on a case-by-case basis under an alcohol variance for distance as provided for under this subsection (k), it shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any church or public hospital. The measurement of the distance between the business selling alcoholic beverages and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

(5)

Unless permitted on a case-by-case basis under an alcohol variance for distance as provided for under this subsection (k), it shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any public or private school. The measurement of the distance between the place of business selling alcoholic beverages and the public or private school shall be:

a.

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

b.

If the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line.

(6)

Unless permitted on a case-by-case basis under an alcohol variance for distance as provided for under this subsection (k), it shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within 300 feet of any existing day care or child care facility. The measurement of the distance between the business selling alcoholic beverages and the day care center or child care facility shall be in a direct line from the property line of the business selling alcoholic beverages to the property line of the day care center or child care facility and in a direct line across intersections. For the purposes of this subsection (6) and subsection (7), below, the terms "day care center" and "child care facility" have the meanings defined under V.T.C.A., Human Resources Code § 42.002.

(7)

Subsection (6), above, only applies to a permit or license holder under V.T.C.A., Alcoholic Beverage Code chs. 25, 28, 32, 69, or 74, who does not hold a food and beverage certificate. Subsection (6), above, does not apply to a permit or license holder who sells alcoholic beverages if:

a.

The permit or license holder and the day care center or child care facility are located on different stories of a multistory building; or

b.

The permit or license holder and the day care center or child care facility are located in separate buildings and either the permit or license holder or the day care center or child care facility is located on the second story or higher of a multistory building.

(8)

Alcohol variance for distance.

a.

If a business is within the 300-foot distance restrictions established under this subsection (k), and wishes to conduct alcoholic beverage sales, they may apply for an alcohol variance for distance. The application process shall be as set forth in this subsection (k) and the public hearings and notice requirements shall be the same as those set forth under section 82-33(b)(1).

b.

An alcohol variance for distance will be reviewed on a case-by-case basis by the planning and zoning commission, which, after a public hearing, shall make a recommendation for approval or denial to the city council. After a public hearing, the city council shall decide whether to approve or deny the variance. The approval process is contingent on meeting the following requirements:

1.

Business must have reasonable grounds for a variance; and

2.

Business may submit a letter of support from the duly authorized representative of a church, public school, private school, and/or public

hospital located within 300 feet of the business (it is not necessary that the business submit a letter of support from each such type of organization located within 300 feet of the business).

c.

Businesses may be denied a variance if they do not meet the previous requirements or the city council deems that:

1.

The business is not in the best interest of the public;

2.

Constitutes waste or inefficient use of land or other resources;

3.

Is not effective or necessary; or

4.

For any other reason that the city council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

d.

The application for a variance must include:

1.

The name of the property owner.

2.

The name and address of the permit applicant.

3.

The type of alcohol permit.

4.

The name and address of the public or private school.

5.

A survey showing the location and distances of the alcohol business and school.

6.

A statement of why the variance meets the standards.

7.

Any other information the City of Princeton deems necessary.

e.

Fee for variance. A $250.00 non-refundable fee must be paid with submittal of application.

(l)

Commercial drone delivery hubs.

(1)

Each commercial drone delivery hub (i) must be specifically illustrated and designated on an approved site plan (which site plan must be submitted contemporaneously with and approved as part of the specific use permit); and (ii) must not be placed: (a) within any required building setbacks; (b) within any required landscape edge; (c) within fire lanes, easements, or required loading zones and parking spaces; or (d) as to interfere with pedestrian or vehicle circulation.

(2)

A commercial drone delivery hub is limited to ten percent of the total lot area or 1,000 square feet, whichever is greater. A commercial drone delivery hub located inside of, located on the roof of, or attached to the building containing the primary use is not subject to this limitation.

(3)

When located at grade, any goods, materials, containers, trailers, or other equipment within the commercial drone delivery hub must be screened according to the requirements of this Code. The launch equipment and landing or docking equipment within the drone staging area are exempt from this screening requirement.

(4)

A commercial drone delivery hub located on top of a building or structure is subject to the screening and maximum height requirements of this Code.

(5)

The commercial drone delivery hub shall not be located within 300 feet of any residentially zoned property, retirement and supportive housing facility, or public park. The 300-foot buffer requirement may be reduced to 150 feet if the city council, in its sole and absolute discretion, finds that issuance of the specific use permit would not be detrimental or injurious to the public health, safety, or general welfare of the neighborhood. The measurement of the required buffer is to be made in a straight horizontal line from the edge of the commercial drone delivery hub to the closest property line of a residentially zoned property, retirement and supportive housing facility, or public park.

(6)

The city council may decrease the amount of required parking for a site by up to ten percent or two parking spaces (whichever is greater) to accommodate the drone staging area for a commercial drone delivery hub with approval of a site plan. The parking reduction is revoked if the commercial drone delivery hub use is removed.

(Ord. No. 2018-12-10-01, § 2, 12-10-2018; Ord. No. 2024-10-28, § 4, 10-28-2024)

(a)

General provision. A specific use permit refers to uses that the zoning ordinance permits, or may not be specifically listed in the definitions or the use chart but that are screened and specially approved for situational suitability in accordance with procedures and standards set forth in this section. As permitted under the provision of this chapter, a property owner may petition the city for a specific use of property, as authorized by the zoning district in which the property is located. Such petition shall be considered by the planning and zoning commission. After proper notice and a public hearing, the planning and zoning commission shall make a recommendation to the city council regarding any application for a specific use permit. The planning and zoning commission may require information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed.

An application for a specific use permit (SUP) shall be accompanied by a site plan drawn to scale and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities, size, height, construction materials and locations of buildings, the used to be permitted, location and construction of signs; means of ingress and egress to public streets, visual screening such as walls, landscaping and fences, and the relationship of the intended use to all existing properties and land uses in all directions to minimum distance of 200 feet.

After proper notice and a public hearing, the city council may grant a permit for a specific use of property as authorized by the zoning district in which the property is situated. The city council may require information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed.

(b)

Specific use permit regulations. In recommending to the city council that a specific use permit for the premises under consideration be granted, the planning and zoning commission shall determine that such use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures and compatibility of buildings.

The city council shall authorize issuance of a specific use permit only after determining that the proposed use or uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration.

The city council shall authorize issuance of a specific use permit only after determining that adequate provisions have been made for the paving of streets, alleys and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures and compatibility of buildings.

No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the permit, as attached to the site plan drawing (or drawings) and approved by the city council. No public hearing is necessary for site plan approval.

Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.