For the purpose of this chapter, certain terms and words are to be used and interpreted as defined in this article. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

(Ord. No. 1089, § 1, 6-28-2017)

Accessory use means a subordinate use customarily incident to and located on the same lot occupied by the principal building or use.

Agriculture means land used for field crops, orchards, viniculture, aquaculture, truck farming, animal husbandry, grazing, and beekeeping.

All-weather surface means a covering for driveways and parking spaces that is dust free, not adversely affected by inclement weather, and paved over a minimum of six inches of limestone base with two inches of asphalt topping, or its equivalent.

Alley means a public right-of-way which affords a secondary means of access to abutting property.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Block means a group of lots bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or corporate boundary lines, or other natural or geographic boundaries. If the word "block" is used as a term of measurement, it means the distance along the side of a street or other boundary line between two intersecting streets or, if the street is of a dead end type.

Buffer yard means a land area required under the provisions of this chapter to separate different classifications of land uses from each other. A buffer yard is in addition to the required front, side or rear yards, but may, where applicable and otherwise required, be included in and as a part of required common areas for residential, commercial, or industrial subdivisions or developments.

Board means the zoning board of adjustment.

Building means any structure designed or built for the support, shelter, protection, housing, or enclosure of persons, animals, chattels, or property of any kind.

Building area means the maximum portion of a lot over which buildings and structures may be constructed.

Building code means and refer to any rule, regulation, ordinance, or law of the city governing the design, construction, and maintenance of any building or structure, or part thereof.

Building height means the vertical distance from grade to the highest finished roof surface in the case of flat roofs or to a point at the average height of the highest roof having a pitch.

Building line means a line parallel or approximately parallel to the lot line and beyond or outward of which no building or structure shall be erected or constructed except where specifically authorized herein.

Building official means the officer or other designated authority, or his duly authorized representative, charged with the administration and enforcement of the building code of the city (article III of chapter 14).

Building, main, means the building in which the main or principal use of the lot on which it is located is conducted.

Building, residential, means a building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.

Carport means a structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on two or more sides from roof to adjacent ground level.

City means the City of Stafford, Texas.

Code means the Code of Ordinances of the City of Stafford, Texas.

Council means the governing body of the City of Stafford, Texas.

Commercial refuse container means a metal container two cubic yards or larger in size, with an attached lid, specifically designed for use with a front-end loading garbage truck and generally known as a "dumpster" or a large metal container, open or closed top, that can be rolled onto the back of a garbage truck and generally known as a "roll-off container."

Comprehensive plan means the most recently adopted comprehensive plan of the city, and any related support documents and updated components that may be approved by the city council.

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

Decibel (DB) means the physical unit commonly used to describe noise levels. One decibel is the level of the squared sound pressure that is ten one-hundredths equal 1.259 times the squared reference and sound pressure; also one decibel is the level of sound pressure that is ten one-twentieths equal 1.122 times the reference pressure.

Development means newly constructed or erected buildings or structures to a lot, relocated buildings or structures onto another lot, or the use of open land for a new or different use. To "develop" is to create a development.

Dwelling means a building or portion thereof designed and used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or boardinghouses.

Dwelling unit means a single unit designed and constructed to provide complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

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

Family means one or more individuals, of which not more than two are unrelated by blood, marriage, or adoption living as a single housekeeping unit, exclusive of servants or caretakers.

Fence means a structure or vegetative hedge greater than 30 inches in height, designed, constructed, or planted to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. Provided, however, dikes and retaining walls erected or constructed for the purpose of diverting water and retaining soil shall not be deemed a fence, nor shall backdrops erected for tennis courts or similar sports/recreational uses.

Floodplain means any land area susceptible to being inundated by water from any source.

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

Floor area, gross, means the area within the inside perimeter of exterior walls of a building, with no deduction for corridors, stairs, closets, thickness of walls, columns, or other features, but exclusive of areas open and unobstructed to the sky.

Floor area, gross leasable, means the area within the inside perimeter of the exterior walls of a building, with deductions for common areas not leased by individual tenants, such as common corridors, stairs, maintenance areas, and other such common areas.

Floor area ratio means the area of all buildings or structures on a lot divided by the total lot area.

Floor area ratio, gross, means the number of square feet of building area divided by the number of square feet of land in the parcel proposed for development. The building area does not include the floor area within parking structures.

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

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

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

Island or island area means that certain geographic area of the city located between the eastbound and westbound lanes of U.S. Highway 90A.

Landscaping means decorative vegetative material such as grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable material commonly used in conjunction with plant materials such as rock, pebbles, sand, walls or fences, which are used to improve the aesthetic appearance of open spaces.

Loading space means an area within a main building, or an all-weather surface on the same lot therewith, upon or within which the standing, loading, and unloading of trucks or other transport vehicles occurs.

Lot means a lot, tract, or parcel of land designated on a subdivision plat duly filed with the county clerk of the county in which such lot is located, or any lot, tract, or parcel of land held in separate ownership and described by metes and bounds upon a deed duly recorded or registered with the county clerk of the county in which same is located that existed prior to the date of adoption of applicable subdivision regulations of the city.

Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot.

Lot area per dwelling unit means the lot area required for each dwelling unit located on a building lot.

Lot, corner, means a lot situated at the intersection of two streets.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundary. In the event a lot has more than four sides, the "front" or the "rear" lot line shall be established by taking into account street frontage, alignment of front and rear yards of adjacent properties, and logical configuration to maintain continuity of yards in the block in which such lot is located.

Lot, interior, means a lot other than a corner lot.

Lot line means the boundary line of a lot; provided, however, no lot line, whether front, side or rear, shall extend beyond an adjacent street line.

Lot line, front, means the boundary line of a lot which is adjacent to the street upon which a lot fronts.

Lot line, side, means the boundary line of a lot which is not a front lot line or a rear lot line.

Lot line, rear, means the boundary line of a lot which is opposite the front lot line. In the event a lot has more than four sides, the lot line farthest removed from the front lot line shall be deemed the rear lot line.

Lot of record means a tract of land designated as a "lot," "tract," or "reserve" on a subdivision plat duly recorded, pursuant to applicable law, in the county clerk's office of the county in which the lot is located.

Lot width means the horizontal distance at the front building line.

Maneuvering space means an all-weather surface located entirely on private property as would be required to maneuver vehicles in such a manner as to preclude the necessity of backing a vehicle into any street right-of-way.

Marquee, awning, or canopy means a roof like structure of a permanent nature which projects from the wall of a building or overhangs a private or public access way.

Masonry means materials such as brick, natural or quarried stone, ceramic tile, Portland cement stucco, acrylic base synthetic stucco coating, textured concrete block (split-face, fluted etc.).

Mobile home means a manufactured home constructed before June 15, 1976.

Modular home means a single-family dwelling unit which is constructed, in whole or in part, at a manufacturing facility and is intended for transport solely for the purpose of installation upon a permanent foundation.

Nonconforming site improvement means a situation that occurs when, on the effective date of this chapter, as amended from time to time, an existing site improvement on a lot, including but not limited to accessory uses; outdoor display, sales, and storage; site parking and loading; parking surface; signage (including banners, flags, temporary, portable, spectacular, and window signs); sign elements (including balloons; smoke, noise or odor emitters; streamer lights; and temporary lettering or graphics); on premise signs in District PC and District IS; sidewalks; landscaping (including on-lot and parking lot landscaping and street trees); building screening; and buffer yards, no longer conforms to one or more of the regulations of this chapter applicable to the property.

Nonconforming structure means a building or structure which was lawful prior to the adoption of this chapter or amendment hereto, but which, following the adoption of this chapter or amendment hereto, is prohibited.

Nonconforming use means a use of a building or land which was lawful prior to the adoption of this chapter or amendment hereto, but which, following the adoption of this chapter or amendment hereto, is prohibited.

Noxious matter means a substance or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic comfort or well-being of humans.

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

Open space means areas which are open and unobstructed from grade to the sky, and which are accessible to all occupants of a lot.

Open storage means the storage of equipment, machinery, commodities, raw or semi-finished materials, and building materials, at locations not within buildings, but not including building materials during construction for which applicable permits have been obtained.

Outdoor display refers to the placement of goods for sale or for advertisement, outside of a building or structure, including but not limited to, garden supplies, gas, tires, motor oil, food and beverages, equipment, and clothes.

Owner shall mean, as to particular property, any person, agent, firm, association, or corporation having a legal or equitable interest therein.

Parking space means an all-weather surface built within the boundaries of the lot to which it pertains in accordance with applicable city standards, of a sufficient size to store one automobile, and designed and constructed for vehicular storage and not as a street or vehicular way.

Planning and zoning commission or commission means the planning and zoning commission of the city.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission. Reference to a final plat in this chapter means an official plat of record which has been approved by the planning and zoning commission and filed in the plat records of Fort Bend County.

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

Principal use means the main use to which a premise is devoted and the primary purpose for which a premise exists and includes all permitted uses.

Recreational vehicle or travel trailer means a vehicular, portable structure, built on a chassis and designed for use as a temporary dwelling for travel, recreational and vacation purposes, permanently identified as a travel trailer or recreational vehicle by its manufacturer and, when factory-equipped for the road, having a body width not exceeding eight feet.

Setback, building, means the minimum horizontal distance between the front wall of any projection of the building, excluding steps, and the street line. See Building line.

Sign shall have the meaning as defined in Section 70-1 of this Code.

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

Story, half (attic story), means any story situated wholly or partly in the roof, so designated, arranged or built as to be used for storage or habitation.

Street means any public or private roadway right-of-way which affords a primary means of access to abutting property. A driveway or alley which provides only secondary vehicular access to a lot or to an accessory parking or loading facility, or to allow vehicles to take on or discharge passengers at the entrance of a building, shall not be considered a street.

Street line means the boundary line of the roadway right-of-way or roadway easement which divides a lot from a street.

Structure means anything constructed or erected below, at, or above grade, which requires location on the ground or is attached to something having a location on the ground, and which, out of necessity or precaution, includes support, bracing, tying, anchoring, or other protection against the pressure of the elements.

Toxic materials means materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Truck camper means a portable unit designed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and side, and designed to be loaded onto and unloaded from the bed of a pickup.

Use means the purpose or activity for which land, or the buildings or structures thereon, are occupied, maintained, or committed.

Use category means a general grouping of uses, such as single-family residential, multifamily residential, retail, office, light industrial, or heavy industrial, within which particular uses may be categorized in order to have uniform area regulations or performance standards applicable to groups of uses within the zoning district to which they are assigned.

Utility trailer means a vehicular unit, mounted on wheels, and designed for towing by another vehicle to haul material or animals of any sort.

Variance means a relaxation by the zoning board of adjustment of the dimensional regulations of this chapter, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means an instrument of conveyance, such as an automobile, bus, truck, or motor driven cycle, for carrying or transporting persons or goods on land. The term shall also include, for the purposes of regulating parking as herein provided, camper trailers, travel trailers, truck campers, watercraft, and utility trailers.

Watercraft means a boat, houseboat, canoe, raft, or other similar apparatus designed for use on water, and including trailers therefor, and motors or engines designed to propel such craft or apparatus.

Yard means an open space on a lot, at a grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise specifically permitted by this chapter. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such lot is located.

Yard, front (setback), means an area extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front of the main building or any projection thereof other than steps or unenclosed porches.

Yard, rear (setback), means an area extending along the whole length of the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than steps or unenclosed porches.

Yard, side (setback), means an area extending along the side lot line from the front yard to the rear yard, and being the minimum horizontal distance between the applicable side lot line and any building or projection thereof other than steps or unenclosed porches.

Zoning Administrator means the official of the city appointed by the city council as such, and whose duties include enforcement of this chapter.

(Ord. No. 1089, § 1, 6-28-2017)

Artificial lot means an area within the contiguous tract or parcel held under common ownership and designated on the building permit application that is delineated by the building official for the sole purpose of satisfying the requirements of this chapter.

Association means a natural unit of vegetation characterized by a relatively uniform species composition and often dominated by a particular species.

Building site means:

(1)

The tract or parcel of land which is designated on the building permit application, together with all contiguous tracts or parcels of land held under common ownership and any existing buildings and appurtenant parking; or

If designated, an artificial lot contained therein and delineated by the building official.

Caliper means the minimum diameter of a tree as measured six inches above the root collar for trees up to and including four inches in diameter and 12 inches above the root collar for trees having a larger diameter.

Consumer price index means the "Consumer Price Index for all Urban Consumers", as established by the Bureau of Labor Statistics for the Department of Labor.

Deciduous plants means those which shed their leaves at one time each year, usually in the autumn.

Dripline means an imaginary circle drawn around a tree, extending to the tree's branching limit.

Esplanade means an unpaved area between two paved roadway sections.

Evergreen plants means those that do not lose all of their leaves at one time, though they shed their old leaves intermittently, as new leaves come out.

Existing vegetation to be preserved means any viable grouping of or single existing evergreen or deciduous trees and associated understory for which tree or buffer preservation credit is being requested.

Landscape buffer means the shielding or obscuring of one land use from another by the planting of evergreen trees or shrubs, or both, or the erection of a screening fence designed to minimize the transmission or propagation of noise, light, vibration or dust, from traffic or other activity on one property to adjoining public or private properties.

Mulch means any covering except fresh grass clippings placed on soil to conserve moisture, minimize week growth and protect plants from extremes in temperature.

Nonresidential use means all uses other than single or multifamily residential use.

Parking lot means a paved, surfaced or leveled area designed and ordinarily used for accessory or public parking of motor vehicles, including commercial parking of motor vehicles, including commercial parking areas available for lease and leased premises available for public parking. The term shall not include parking garages.

Parkway means the area lying outside or behind the street curb or the edge of the roadway paving and the adjacent property line.

Public street or right-of-way means the entire width between the boundary lines of every way which is held by the city or otherwise by the public in fee or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided, however, the term "public street" shall not include any designated state or federal highway or road or any designated county road.

Roadway means that portion of a public street which is improved, designed or ordinarily used for vehicular travel, exclusive of the curb, berm or shoulder. In the event that a public street includes two or more separate roadways, the term "roadway" means each such roadway separately.

Root collar means an encircling structure of bandlike markings or a marked color change (from the tree bark) located at the highest part of the root system joining into the trunk of the tree at or slightly below the surrounding soil line.

Shrub means any plant, deciduous or evergreen, which is generally multi-stemmed and sold by height or spread and measured in inches or feet.

Sidewalk means the paved portion of a public street right-of-way which is between the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel.

Specimen tree means a tree approved for planting in or adjacent to the public rights-of-way. A street tree list compiled by the department of parks and recreation is included in appendix A-3, section 102-156.3.

Total tree planting requirement means the total number of trees which must be planted under this chapter (excluding any which might be planted as part of a landscape buffer). This number shall never be less than 50 percent of the total tree requirement.

Total tree requirement means the total number of trees which must be provided under this chapter (excluding any which might be provided as part of a landscape buffer). This sum shall be made up of:

(1)

Any street and parking lot trees to be planted; and

(2)

Planting equivalency credits earned.

Tree means any evergreen or deciduous tree which at the time of planting has a caliper equal to or greater than two inches as measured six inches above the root collar, which is not less than six feet in height as measured from the root collar, and which meets the standard for nursery stock specifications as established by the American Association of Nurserymen (1986 Ed.).

Understory means the small tree, shrub and grass constituents of a plant association, excluding canopy vegetation.

Visibility triangle means the triangular area adjacent to the intersection of any public street or public alley within which no obstruction may be placed which would block the sight lines for vehicular traffic. The triangle is established by measuring a distance of 45 feet from the intersection of the extended curb or edge of the pavement of major thoroughfares, and 25 feet from the extended edge of the curb or pavement of local streets. A straight line connecting the ends of each measured distance which forms the hypotenuse shall establish the visibility triangle. The visibility triangle shall not contain any visual or physical impediments or obstructions to the vertical view between 30 inches and seven feet in height.

(Ord. No. 1089, § 1, 6-28-2017)

Assisted living facility means an establishment, licensed by the State of Texas that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment, and provides personal care services as defined by the State of Texas. It is a housing facility for people with disabilities or for adults who cannot or chose not to live independently and is similar to a retirement home in the sense that facilities provide a group living environment and typically cater to an elderly population.

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

Community home (group home) for disabled persons means a community-based residential home as defined and regulated by V.T.C.A., Human Resources Code ch. 123.

(1)

The term "disabled" means having:

a.

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

b.

A record of having such an impairment.

c.

Being regarded as having such an impairment.

d.

The term "disabled" does not include current illegal use of or addiction to controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.

e.

The term "group home for the disabled" does not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

Dwelling, duplex means a detached house on a single lot designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit.

Dwelling, live/work means a structure or portion of a structure:

(1)

That combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household;

(2)

Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and

(3)

Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

Dwelling, multifamily means a dwelling or group of dwellings on one lot containing separate living units for three or more families not exceeding the number of dwelling units provided, but which may have joint services or facilities.

Dwelling, multifamily, urban wrap means a multi-story building or portion thereof which contains three or more separate dwelling units which may share means of egress and other essential facilities and is connected to a multi-level parking structure.

Dwelling, multifamily loft, means a building or portion thereof which contains three or more separate dwelling units which may share means of egress and other essential facilities and is characterized by open space floor plans, exposed building structure, minimal walls, and typically occupies an existing, renovated structure.

Dwelling, single-family attached (townhome) means a building that has two or more single-family dwelling units erected in a row as a single building on adjoining lots, each unit being separated from the adjoining unit(s) by a fire wall along the dividing lot line, and each such building being separated from any other building by space on all sides. Each individual single-family attached unit has individual front and rear access to the outside. Single-family attached units are typically surrounded by common areas owned and maintained by a property owners association. Single-family attached dwellings shall be one of a group of not less than four nor more than eight contiguous single-family dwelling units.

Dwelling, single-family detached means a detached dwelling having accommodations for and occupied by only one family, and that is not attached to any other dwelling by any means, and is surrounding by open space or yards. This definition does not include mobile homes or manufactured homes.

Independent senior living facility means a facility containing dwelling units, accessory uses, and support services specifically designed for occupancy by persons fifty-five (55) years of age or older. Such facilities may include accommodations for people who are fully ambulatory or who require no medical or personal assistance or supervision, as well as accommodations for people who require only limited or intermittent medical or personal assistance.

Institutional, residential, is a group of uses that include:

(1)

Convents or monasteries.

Residential facilities where there is commercial rental or condominium ownership combined with any of the following: Common food service, nursing, or health care.

Dormitories, fraternities, and sororities.

The residential component of schools with on-site residential facilities, except universities, colleges, or preparatory schools.

Manufactured home means a structure, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities and which complies with the requirements for definition as a "manufactured home" under the provisions of 42 USC 5402, as amended.

Manufactured home park means an operation duly licensed by the city under chapter 46 of this Code, pursuant to which spaces are rented or offered for the parking of manufactured homes, and which is operated in accordance with said chapter 46.

Manufactured home subdivision means a subdivision of land containing lots which meet the requirements for single-family residential use, and upon each such lot not more than one manufactured home may be placed and occupied.

Skilled nursing facility means a facility or area furnishing food and shelter in single or multiple facilities to five or more persons who are not related by blood, marriage, or adoption to the owner or proprietor of the establishment. In addition, the facility provides minor treatment under the direction and supervision of a physician, or provides a service which meets some need beyond the basic provision of food, shelter, and laundry. A nursing home, convalescent home, skilled nursing facility (SNF), care home, rest home or intermediate care provides a type of residential care. It is a place of residence for people who require continual nursing care and have significant difficulty coping with the required activities of daily living. Nursing aides and skilled nurses are usually available 24 hours a day. Residents include the elderly and younger adults with physical or mental disabilities. Residents in a skilled nursing facility may also receive physical, occupational, and other rehabilitative therapies following an accident or illness.

(Ord. No. 1089, § 1, 6-28-2017)

Art gallery or museum means a facility or area that is open to the public and is intended for the acquisition, preservation, study, and exhibition of works of artistic, historical, cultural, or scientific value.

Government administration and civic buildings means an office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to: Post offices, employment offices, libraries, museums, police and fire stations, or motor vehicle licensing and registration services. This use does not include utilities as defined elsewhere in this chapter.

Mortuary, crematory, funeral home and chapel A "mortuary" is facility in which dead bodies are prepared for burial. A "crematory" is a structure containing a retort used or intended to be used for the cremation of human remains. A "funeral home and chapel" is a facility in which funeral services are conducted, and may contain a mortuary and/or crematory.

Philanthropic institution mean any organization operating under a nonprofit charter, the activities of which are devoted exclusively to charitable, benevolent, patriotic, employment-related, or educational purposes not currently listed elsewhere in this chapter.

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

Public safety facility, police and fire means a facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations and training facilities.

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

(Ord. No. 1089, § 1, 6-28-2017)

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

School, college or university, means an academic institution of higher learning, accredited or recognized by the state, and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. The term "school, college or university" includes junior and senior colleges, universities, conservatories and seminaries.

School, commercial instruction, means a facility that instructs and trains students in the arts, such as of music, dance, gymnastics, or martial arts, or training in a trade such as welding, brick laying, machinery operation and similar manual trades and is primarily operated on a commercial basis.

School, nursery, means an establishment providing for the care, supervision and protection of children.

School, primary or secondary, means a public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.

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

(Ord. No. 1089, § 1, 6-28-2017)

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

Medical or dental office or clinic means an establishment primarily engaged in furnishing, on an outpatient basis, chiropractic, dental, medical, surgical, medical imaging, or other services to individuals, including the offices of chiropractors, physicians, dentists, and other health practitioners, medical and dental laboratories, outpatient care, and outpatient care facilities. Patients are not kept overnight except under emergency conditions.

(Ord. No. 1089, § 1, 6-28-2017)

Cemetery means a facility or area used or intended to be used for the interment or burial of the dead, including graveyard, burial park, mausoleum, columbarium, or any other area containing one or more graves.

Community garden means a facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Public park or playground means a facility or area for recreational, cultural, or aesthetic use owned or operated by a public agency and available to the general public.

(Ord. No. 1089, § 1, 6-28-2017)

Agricultural use:

(1)

The term "agricultural use" means the use of a parcel of land for farming or ranching and shall include the structures that are normally associated with agricultural uses.

(2)

The term "agricultural use" does not include commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, rat or other fur bearing animal farms, or the farming of swine or exotic animals.

Animal shelter (public and private) means a facility that provides temporary custody of animals. The facility may have indoor and outdoor uses such as dog runs, kennels, and dog parks for the accommodation and comfort of animals.

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

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

(Ord. No. 1089, § 1, 6-28-2017)

Auto carwash, full service, means a building or portion thereof, containing facilities for washing automobiles by using production line methods.

Auto carwash, self-service, means an area and/or structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

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

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

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

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

Auto repair, major, means an enclosed facility designed for:

(1)

The general repair or reconditioning of engines, air conditioning system and transmissions for motor vehicles;

(2)

Wrecker service;

(3)

Collision services, including body, frame or fender straightening or repair;

(4)

Customizing;

(5)

Painting;

(6)

Vehicle steam cleaning;

(7)

Undercoating and rustproofing;

(8)

Those uses listed under auto repair, minor; and

(9)

Other similar uses.

Auto repair, minor, means an enclosed facility designed for:

(1)

The minor repair or replacement of parts, tires, tubes, and batteries;

(2)

Diagnostic services;

(3)

Minor motor services such as grease, oil, spark plug, and hoses, brake parts;

(4)

Performing, state inspections and making minor repairs necessary to pass said inspection;

(5)

Normal servicing of air conditioning systems; and

(6)

Other similar minor services for motor vehicles, boats and motorcycles except heavy load vehicles, but not including any operation named under auto repair, major or any other similar use.

Auto sales, new and used means an open area or lot used for the display or sale of automobiles, trucks, and vans, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises and no dismantling of cars for sale or keeping of used car parts or junk on the premises.

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

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

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

(Ord. No. 1089, § 1, 6-28-2017)

Bank, savings and loan association, financial institution means a building or premises offering banking, savings and loan, and other financial services.

(Ord. No. 1089, § 1, 6-28-2017)

Bakery, retail confectionery:

(1)

The term "bakery, retail confectionery" means a shop offering for sale on premises those baked goods or candies made on premises or off premises.

The term "bakery, retail confectionery" does not include production for off-premises sale.

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

Private club or tavern 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 that portion of Texas Alcoholic Beverage Code as hereafter amended and as it pertains to the operation of private clubs or taverns.

Restaurant means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in no disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building. The term "restaurant" includes cafes, lunchrooms and tea rooms.

Restaurant, drive-in/drive-through, means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.

Sidewalk cafe means any outdoor eating and/or drinking area located on a public sidewalk or parkway and containing removable tables, chairs, planters, or related appurtenances.

(Ord. No. 1089, § 1, 6-28-2017)

Bed and breakfast inn means a house, or portion thereof, used by the record owner of the property and who is also a resident of the property, and where short-term lodging rooms and meals are provided.

Hotel means a building or portion thereof in which ten or more guestrooms are provided for occupancy for compensation by transient guests.

(Ord. No. 1089, § 1, 6-28-2017)

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

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

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

Office, warehouse, means a facility which has the combined uses of office and showroom or warehouse for the primary purpose of storage, wholesale trade, and display of products.

Park, business means a group of buildings developed as a unit intended to be used for general professional and business offices, and including retail operations that are primarily selling to the business park occupants, such as restaurants, coffee shops, office supply, barbershops, gift shops, health spas, and specialty stores.

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

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

Appliance repair, household, means a shop specializing in repair of household appliances.

Barbershop, beauty salon, other beauty services means an establishment which provides personal services including haircuts, perms, color treatments, manicures, pedicures, facials, massages, waxing and an establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that facial cosmetics are applied on a permanent basis and other personal beauty services. This definition shall not mean a tattoo parlor.

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

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

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

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

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

(Ord. No. 1089, § 1, 6-28-2017)

Amusement center, indoor:

(1)

The term "indoor amusement center" means a facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin-operated machines utilizing balls, pins and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffle board, darts, and batting cages. Any combination of these games may be used in the facility.

(2)

The term "indoor amusement center" does not include games of wagering and chance that are categorized as gambling and are prohibited.

Billiard parlor means and includes any room, hall, building, place, business or establishment in which there is located any pool or billiard table, or tables for the use of which a fee or charge is made, either directly or indirectly, and which establishment is operated for profit or gain of any kind, where the establishment derives 51 percent or more of the establishment's gross revenue from such pool or billiard tables.

Community center means a building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, morals or general welfare of the city.

Gun range/shooting range (private) means a commercial business inside of which members or the public at large discharge firearms for target practice. Ancillary uses such as firearm safety training and retail firearm/ammunition sales may be included with this use.

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

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

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

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

(Ord. No. 1089, § 1, 6-28-2017)

Amusement center, outdoor, means an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.

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

Golf course, means grounds and facilities used in the playing of the game golf.

Racetrack/stadium means a sports and entertainment complex that includes a multi-functional stadium, coliseum, or other community and entertainment event venue for use by one or more professional or amateur sports teams or for single racing completion.

Swimming pool or water park, commercial:

(1)

The term "swimming pool or water park, commercial," means a swimming pool and accessory facilities, that is not part of the municipal or public recreation system, but where the facilities are available to the general public for a fee.

The term "swimming pool or water park, commercial," does not mean a private swim club.

(Ord. No. 1089, § 1, 6-28-2017)

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

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

Big box retail. A "big-box" retail store is typically a one-story warehouse building with a height of 30 feet or more, simple and rectangular in construction, and ranging in size from 20,000 to 260,000 square feet.

Bookstore means an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest.

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

Convenience store (with fuel sales) means a premises where gasoline and/or other petroleum products are sold as a principal use, and in connection with the principal use, a convenience store offering for sale prepackaged food products, household items, and other goods commonly associated with the same.

Convenience store (without fuel sales) means a premises store offering for sale prepackaged food products, household items, and other goods commonly associated with the same.

Copy shop means a small commercial printing shop which sells on site most of the items printed along with associated items no fuel sales are associated with the use.

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

Farmer's market means the retail sale of farm products by individual vendors within a building permanently enclosed by walls and a roof for the primary purpose of selling fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey. Sale of new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise is not included in this definition.

Florist means an establishment for the display and retail sale of flowers, small plants and accessories.

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

General retail means a facility or area for the retail sale of general merchandise or food to the public for direct consumption and not for wholesale. Typical general merchandise includes clothing and other apparel; equipment for hobbies or sports; gifts; flowers and household plants; dry goods; groceries, convenience, and specialty foods; toys; furniture; books and stationery; pets; drugs; hardware; and similar consumer goods. This use does not include uses in this chapter specifically listed.

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

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

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

Grocery store with fuel sales means the same as above with associated gasoline fuel sales on the same lot.

Hardware store means an establishment offering hand tools, small building materials, and associated convenience items for sale to the general public.

Mixed use development means a single building or structure containing a commercial use and a residential use, planned as a complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

Office supply store means a store that specializes in office supplies.

Package liquor store means an establishment licensed by the state for the retail sale of liquor, malt, and vinous liquors for off-premise consumption.

Pawnshop means a shop specializing in making small loans against personal property or buying used personal goods from individuals.

Pet shop and pet grooming means a shop offering small animals for sale, with associated goods and services. Animals may be groomed.

Pharmacy means an establishment offering prescription and over-the-counter pharmaceuticals and other associated products for sale to the public.

(Ord. No. 1089, § 1, 6-28-2017)

Asphalt/concrete plant means a manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Contractor's shop with outside storage yard means a building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Distribution services warehousing means a building or facility used for the storage and distribution of wholesale items/products to another location. Durable goods, wholesale trade means a facility that engages in the wholesale of one or more types of innocuous/non-hazardous goods.

Food processing means a manufacturing or light industrial use that primarily deals with the processing and packaging of food products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products created and packaged on the premises may be allowed as an accessory use.

Industrial, heavy, means construction and general contractors with outside storage; welding and powder coating; machine shops; manufacturing (processes which create significant levels of noise, dust, odors, or vibration; involve the use of hazardous or explosive materials; or involve the use of outside storage).

Industrial, light, means construction and general contractors without outside storage; drug and pharmaceutical products manufacturing; product assembly (processes which do not create significant levels of noise, dust, odors, or vibration; do not involve the use of material amounts of hazardous or explosive materials; and do not involve outside storage); product testing laboratories; medical research or testing laboratories.

Industrial park means a group of buildings developed as a unit intended to be used for manufacturing and/or service operations where all services, manufacturing, and storage are indoors, and including auxiliary retail and wholesale sales.

Industrial, technology and medical means research, development, testing, processing, and/or manufacturing involving technology or medical, which may include the use of hazardous materials, outdoor processing, or outside storage. Examples include, but are not limited to: Drug and pharmaceutical products manufacturing, electronic products manufacturing, high tech research/light manufacturing, research and development facilities (even if not limited to technology and medical, such as, but not limited to, food), the manufacturing, assembly and/or fabrication of computers and computer components (including, but not limited to, semiconductors, flat panel displays, and LED/LCD screens); and the manufacturing, assembly, research and/or development of solar panels and similar green energy technology products (e.g., wind turbines).

Industrial use means those fields of economic activity including the manufacturing, processing, or storage of asphalt or concrete, the storage or processing of aggregate, the refining, processing, or manufacturing of petrochemical products or byproducts, fish and other marine life processing plants, the manufacturing, processing or storage of chemical, explosive, corrosive or dangerous or hazardous substances, and oil and gas extraction.

Manufacturing and warehousing means a manufacturing facility, not elsewhere classified, engaged in the processing, manufacturing, compounding, assembling, packaging, treatment, or fabrication of materials and products, from previously manufactured materials.

Microbrewery means a small-scale brewing facility designed for the production of malt liquors such as beer and ale, using grains such as oats, hops, rice, wheat, and barley, designed and managed to brew no more than 75,000 barrels of beer per year.

Motor freight company means a company using trucks or other heavy load vehicles to transport goods, equipment and similar products. The term "motor freight company" includes companies that move residential or commercial belongings.

Outdoor sales means to display outside of a permanent structure for the purpose of lease or purchase by consumers, whether immediately or by placing of orders, of any merchandise, services, products, or goods irrespective of whether payment for such is made outdoors or in a permanent structure.

Outdoor sales, wholesale, means the display, storage, and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment, including truck terminal or bus servicing facilities, motor freight transportation, moving and storage facilities, warehousing, and storage activities. This is not considered a general retail use.

Outdoor storage means the storage of products or equipment, as well as activities involving storage facilities, warehousing, and storage activities outside of an enclosed structure.

Salvage yard means a business which purchases, sells, exchanges, stores, packs, disassembles, or handles body or engine parts, batteries, scrap iron and other metals, rubber tires, and other used or discarded automobile or motor vehicle accessories. Such term shall include the operation of wrecking lots upon which automobile or motor vehicle parts are bought, sold, exchanged, stored, packed, disassembled, or handled.

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

(Ord. No. 1089, § 1, 6-28-2017; Ord. No. 1178, § 1, 9-16-2020)

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

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

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

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

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

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

(Ord. No. 1089, § 1, 6-28-2017)

Accessory buildings, (neighborhood services, commercial, business or industry) means a building in a neighborhood service, commercial, business or industrial district, a subordinate building attached or detached, and used for a purpose customarily incidental to the main structure.

Accessory building, residential, means a building in a residential district, a subordinate building attached or detached and used for a purpose customarily incidental to the main structure, including, but not limited to a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house, garden shelter, but not involving a business.

Accessory use means a use customarily incidental to the main use of the property.

Caretaker's residence, guard's residence:

(1)

The term "caretaker's residence, guard's residence, servant's quarters" means a residence located on a premises with a main nonresidential use occupied only by an employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is accessory.

The term "caretaker's residence, guard's residence, servant's quarters" does not include manufactured homes.

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

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

Utility building and structures means operations such as power substations, water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as pump and lift stations.

(Ord. No. 1089, § 1, 6-28-2017)