(a)

This chapter shall be known and may be cited as the city's "comprehensive zoning ordinance" or the "zoning ordinance."

(b)

As authorized by V.T.C.A., Local Government Code ch. 211, the zoning regulations and districts as established in this chapter have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. No. 2008-01, § 2, 2-4-2008)

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

Abut means to physically touch or border upon; to share a common property line but not overlap. See adjoining lot orland.

Accessory building/structure (business or industry) means in the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed 50 percent of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see Accessory use).

Accessory building/structure (residential) means in a residential district, a subordinate building that is detached from the primary on-site structure and is used for a purpose that is customarily incidental to the main structure, but not involving the conduct of a business, unless permitted as a home occupation (i.e., the building area must be less than that of the main structure). Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse as a hobby, home workshop, children's playhouse, storage building, garden shelter, etc.

Accessory dwelling means a subordinate building that is detached from the primary on-site structure, is used as a residence, is incidental to the main structure (i.e., the building area must be significantly less than that of the main structure), and is not involved in the conduct of a business.

Accessory use means a use that is customarily incidental, appropriate and subordinate to the principal use of land or buildings and that is located upon the same lot therewith (i.e., the land/building area that is used for the accessory use) must be less than that used for the primary use.

Adjoining lotor land means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

Airport orlanding field means a place where aircraft can land and take off that is usually equipped with hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.

Alley means a minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

All-weather surface means a created surface, such as brick, stone, concrete, or asphalt, placed on the land to facilitate pedestrian or vehicular passage, as may be required. The term "all-weather surface" also may be referred to as paving or pavement.

Ambulance service means provision of private (not operated by the city) emergency transportation, which may include mobile medical care, and which may include storage and maintenance of vehicles.

Amusement devices/arcade means any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent of the public floor area is devoted to four or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including, but not limited to, such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device/arcade," shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, commercial (indoor), means an amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.

Amusement, commercial (outdoor), means an amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

Amusement, commercial (temporary), means outdoor or indoor commercial amusement provided on a temporary basis, examples of which include a carnival or haunted house.

Animal kennel means a commercial establishment in which dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

Antique shop (no outside sales or storage) means a retail establishment engaged in the selling of works of art, furniture and/or other artifacts of an earlier period, with all sales and storage occurring inside a building.

Apartment. See Dwelling-multiple-family.

Appliance service and repair means the maintenance and rehabilitation of appliances that are customarily used in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.

Approved plan means a plan that has been granted final approval by the appropriate approving authority.

Art gallery/museum/dealer means an institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.

Assisted living facility (continuing care retirement community) means a congregate residence facility for ten or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.).

Auto accessories (retail sales only) means the use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Auto dealer (new auto servicing and used auto sales as accessory uses) means retail sales of new automobiles or light load vehicles, including, as an accessory use, the sales of used automobiles or light load vehicles and the service of new or used vehicles.

Auto dealer (primarily used auto sales) means retail sales, or offering for sale, primarily used automobiles or light load vehicles.

Auto rental means storage or renting of automobiles and light trucks.

Auto repair (major) means general repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under "auto repair, minor"; and other similar uses.

Auto repair (minor) means minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "auto repair, major" or any other similar use.

Auto storage orauto auction means the storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. The term "auto storage" or "auto auction" shall not include the storage of wrecked or inoperable vehicles (see wrecking yard).

Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following: passenger cars, light duty trucks and sport utility vehicles, vans and minivans, motor scooters and motorcycles.

Automobile accessory installation (minor) means minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pinstriping, cellular telephones and similar accessories.

Automobile repair garage means an establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.

Automobile wash (full-service/detail shop) means washing, waxing or cleaning of automobiles or light-duty trucks where the owner of the vehicle does not actually wash the vehicle. The owner either leaves the vehicle and comes back to retrieve it later, or the owner waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

Automobile wash (self-service) means washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Automotive gasoline or motor fuel service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "auto repair, minor." Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than 48 hours.

Bakery, retail means a facility less than 3,000 square feet for the production and/or sale of baked goods.

Bakery, (wholesale) means a manufacturing facility over 3,000 square feet for the production and distribution of baked goods and confectioneries to retail outlets.

Barn means a structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.

Barrel means a quantity of beer, ale, etc., equal to 31 standard gallons.

Basement (or cellar) means a portion of a building that is partly or wholly underground. For the purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast inn means a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five rooms for transient guests for compensation, generally for a period not to exceed seven days.

Block means an area within the city enclosed by streets and occupied by or intended for buildings: or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side. In cases where the platting is incomplete or disconnected, the city manager or his designee shall determine the outline of the block.

Board of adjustments (BOA) means a board which is appointed by the city council, and which is authorized to approve variances and special exceptions to this chapter (i.e., variances), and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. The term "board of adjustments" is also referred to as the zoning board of adjustments.

Boarding home facility means an establishment that furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration or medication but does not provide personal care services to those persons.

Brewpub means an establishment where beer, ale, etc., are brewed in conjunction with a drinking and eating establishment. The maximum brewing production shall not exceed 10,000 barrels per year.

Buffer means a specified land area, together with the planting and landscaping required on any building site, which may also contain a barrier, such as a berm or a fence, where such additional screening is necessary to achieve the desired level of buffering between various activities, and shall meet the minimum requirements to provide a year-round visual obstruction.

Building means any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

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Building height means the vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs (see Illustration 50-2-1). In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio and television towers, ornamental cupolas, domes or spires, flagpoles, and parapet wall not exceeding four feet in height.

Illustration 50-2-1a: Measuring building height

Illustration 50-2-1b: Measuring building height

Building line means a line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected, and marking the building envelope, which is the area in which a building may be erected (see Illustration 50-2-2).

Illustration 50-2-2: Building line and envelope

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Building materials sales (indoor or outdoor) means materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales and is sometimes referenced as a home improvement center. The term "outdoor" means the storage of materials and products outside of the main building.

Building official means the inspector or administrative official charged with responsibility for issuing permits and enforcing this chapter and the building code of the city.

Building site. See Lot.

Building, main/primary/principal means a building in which the principal use of the lot on which it is situated is conducted.

Caretaker's or guard's residence means a residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises (e.g., residence for guard in a private street development, residence for a guard/manager/caretaker for a self-storage facility or a restricted access business park, etc.).

Carport means a structure that is open on a minimum of two sides and designed or used to shelter vehicles. The term "carport" is also called a covered parking area.

Cemetery and/or mausoleum means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cemetery, animal, means same as cemetery except only for the burial of dead animals.

Certificate of occupancy means an official certificate issued by the city through the building official which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Child day care center (business) means a commercial institution or place designed for the care or training of six or more unrelated children under 14 years of age for less than 24 hours a day. The term "child day care center" is also referred to as a day care.

Child day nursery is also referred to as a day nursery. See family home (child care in place of residence).

Church/temple/place of worship means a building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by state law). For the purposes of this chapter, Bible study and other similar activities which occur in a person's primary residence shall not apply to this definition.

Civic center (municipal) means a building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a municipality.

Cleaning plant (commercial laundry) means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

College or university means an academic institution of higher learning accredited or recognized by the state and covering a program or series of programs of academic study.

Community center (public) means a building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.

Community home means a place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the state department of mental health and mental retardation (see V.T.C.A., Human Resources Code ch. 123).

Communityorsocial building means a building used for recreational, social, educational, and cultural activities generally owned, maintained and operated by a homeowners' association for the enjoyment of its resident members.

Comprehensive plan means a document adopted by the city that consists of graphic and textual policies which govern the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city.

Concrete or asphalt batching plant (permanent) means a permanent manufacturing facility for the production of concrete or asphalt.

Concrete or asphalt batching plant (temporary) means a temporary manufacturing facility for the production of concrete or asphalt during construction of a project and to be removed when the project is completed.

Convenience store (with or without gasoline sales) means a retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries (and possibly gasoline, if pumps are provided). The term "convenience store (with or without gasoline sales)" does not include or offer any automobile repair services.

Copy shop means an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.

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.

Country club (private) means a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

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

Coverage means the lot area covered by some type of impervious surface, which includes buildings located thereon, overhanging roofs, and parking areas. Also see impervious surface.

Dance hall/dancing facility means an establishment open to the general public for dancing (any sales of alcoholic beverages for on-premises consumption shall be subject to requirements and use restrictions for private clubs). See private club.

Density means the total number of residential dwelling units allowed upon a given tract of land, usually expressed in total number of units per gross acres or net acre.

Detached means having no physical connection above the top of the floor line of the first floor with any other building or structure.

Distribution center means building or facility used for the storage and distribution of wholesale items or products.

District means a section of the city for which regulations, including height, area and use, governing the section have been established and are uniform.

Drapery or furniture upholstering shop means an establishment for the production, display and sale of draperies and soft coverings for furniture.

Drinking establishment means any building or premises primarily engaged in the retail sale of alcoholic beverages such as beer, ale, wine, and liquor, for consumption on the premises. Typical establishments include bars, night clubs, lounges, and dance halls.

Duplex (two-family). See dwelling, two-family.

Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families.

Dwelling, duplex townhome, means two single-family dwellings attached along a single common property line, each unit designed to be occupied by one family. While the structures may appear to be a duplex, there is a significant difference. Each unit is located on its own platted lot with separate utilities. The buildings, while attached, are separately owned with a common wall meeting the fire and separation requirements of the adopted fire and building codes.

Dwelling, HUD-code manufactured home. See Manufactured housing.

Dwelling, industrialized home. See Manufactured housing.

Dwelling, manufactured home. See Manufactured housing.

Dwelling, multiple-family, means three or more dwelling units on a single lot designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. The term "dwelling, multiple-family," includes three-family units (triplex) and four-family units (quadraplex), as well as traditional apartments.

Dwelling, single-family attached ortownhome means a dwelling which is joined to another dwelling at one or more sides by a party (i.e., shared) wall, which is designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.

Dwelling, single-family detached, means a dwelling designed and constructed as a free-standing structure for occupancy by one family and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract. The term single-family dwelling occupied by one family, has a common entrance, one common kitchen facility and is utilized as one living quarters.

Dwelling, two-family orduplex means two attached dwellings in one structure under one common ownership, each side designed to be occupied by one family.

Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters for one family, and includes facilities for food preparation and sleeping. One dwelling unit occupied by one family has a common entrance, utilities, kitchen and food preparation facilities and sleeping and restroom facilities accessible by all. (See Family.)

Dwelling, zero-lot-line or patio home means a single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line.

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

Eating establishment means any building or premises primarily engaged in the retail sale of prepared food and drink for on-site or off-site immediate consumption.

Eating establishment (with drive-in service) means an eating establishment where food and/or drinks are primarily 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.

Eating establishment (with drive-through service) means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through windows.

Eating establishment (with no drive-through service) means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.

Educational facilities means public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the state education agency, and such federally funded educational programs for preschool children as the head start program.

Electric storage system means one or more devices assembled together capable of storing energy that allows power system operators and utilities to collect and store energy from the grid and discharge it at a future time to provide electricity when needed, such as to ensure adequate peaking generation capacity and grid resiliency.

Electrical substation means a subsidiary station in which electric current is transformed.

Fair ground/rodeo means an area or space either outside or within a building for the display of animals, exhibitions, topic-specific goods, or information.

Family means one or more persons related by blood, marriage, or adoption; or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living together as a single housekeeping unit.

Family home (child care in place of residence) means a facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to V.T.C.A., Human Resources Code ch. 42, and in accordance with such standards as may be promulgated by the state department of family and protective services. The term "family home (child care in place of residence" is also referred to as child day nursery and day nursery.

Farm (ranch, garden, crops or orchard) means an area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including 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 agriculture or husbandry specifically prohibited by ordinance or law.

Feed and grain store/farm supply store means an establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

Financial institution means an establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds, examples of which include banks, saving and loans, and credit unions.

Floodplain means an area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM flood insurance rate map of the city.

Floor area, gross means the total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding any space where the floor-to-ceiling height is less than six feet, carports, residential garages, open porches, and breezeways.

Floor area, minimum. See Minimum floor area per dwelling unit.

Floor area ratio (far) means the floor area of a main building or buildings on a lot, divided by the lot area (see Illustration 50-2-3). The maximum FAR permitted by this chapter shall be calculated by dividing the gross square footage of the buildings to the net (after right-of-way dedication) area of the lot (measured in square feet). Any below grade mechanical rooms, parking garages, or other nonoccupied areas shall not be included in the gross square footage of the buildings for the purposes of this calculation.

Illustration 50-2-3: Floor area ratio (FAR)

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

Food or grocery store means a retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use.

Food processing means a manufacturing or light industrial use that primarily deals with the processing and packaging of food (such as dairy or grain) 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 (e.g., bread and baked goods, dairy products such as cheese, etc.) created and packaged on the premises may be allowed as an accessory use.

Fortunetelling and similar activities mean a use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortunetelling shall be limit to uses where the fortune is told through astrology, tarot card reading, crystal gazing, palmistry or any similar means.

Franchised private utility (not listed) means a utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the city.

Fraternal organization 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.

Fraternity orsorority house means a building other than a hotel that is occupied only by individuals enrolled in a college or university located within the city and persons to attend the house and supervise activities of the fraternity or sorority. Except for the attendants, each resident must be a member of a fraternity or sorority that is recognized by the college or university and chartered by a state or national organization.

Front yard. See Yard, front.

Funeral home 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.

Furniture and appliance store means and includes retail stores selling new goods 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.

Furniture store (new and used) means the same as a "furniture and appliance store," except sales may include used items.

Garage/accessory dwelling means a residential dwelling unit attached to or over a garage but not attached to the main residential structure.

Garage, private, means an enclosed (on at least three sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. A private garage is also called an enclosed parking space.

Garden shop means a facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Gasoline service or filling station. See Automotive gasoline or motor fuel service station.

General commercial plant means establishments other than personal service shops 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 plants.

General manufacturing. See industrial, manufacturing.

General retail stores means and includes retail stores which sell a number of lines of primarily new merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (see retail shop).

Golf course means an area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses; the golf course may be privately or publicly owned and operated.

Grade means for buildings having walls adjacent to one street only, the elevation of the sidewalk at the center of the wall adjacent to the street. For buildings having walls adjacent to more than one street, the grade is the average of the elevation of the sidewalks at the center of all walls adjacent to the streets. For buildings having no wall adjacent to a street, the grade is the average level of the finished surface of the ground adjacent to the exterior walls of the building. Where no sidewalk has been constructed, the city engineer shall establish such sidewalk level or its equivalent for the purpose of this chapter.

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

Gymnasticordance 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.

Hauling or storage company. See Motor freight company.

Health club (indoor) includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public).

Heavy load vehicle means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Heavy machinery sales and storage means a building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

Heliport means an area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home for aged, residence, means a home where elderly people are provided with lodging and meals without nursing care being a primary function. A residence home for aged is also referred to as an assisted living facility.

Home occupation means an occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises only, which is clearly incidental and secondary to the use of the premises for residential purposes (see section 50-117), and which can be conducted without any significantly adverse impact on the surrounding neighborhood.

Hospital means an institution that is licensed by the state and that falls within one of the following definitions:

Acute care. The term "acute care" means an institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life.

Chronic care. The term "chronic care" means an institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given medical care and treatment on a prolonged or permanent basis.

Hotel means a facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. The term "guest room" shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee. A hotel must also meet the following requirements:

(1)

Guest rooms must be accessible only through interior corridors;

(2)

Entrance through exterior doors must be secured and accessible only to guest and employees;

(3)

Hotel management must be on-site 24 hours each day;

(4)

Prohibit overnight parking of trucks with more than two axles in hotel's parking areas;

(5)

Must contain at least three of the following amenities:

a.

A minimum of 300 square feet of dedicated meeting and event facilities;

b.

A restaurant, eating or social area accessible through the interior of the hotel that offers food or food options and seating for at least 30 patrons during industry standard dining hours;

c.

Swimming pool; or

d.

Fitness center.

Household care facility means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to the Assisted Living Facility Licensing Act (V.T.C.A., Health and Safety Code ch. 247) and Community Homes for Disabled Persons Location Act, V.T.C.A., Human Resources Code ch. 123. A household care facility is also referred to as a hospice.

Household care institution means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.

HUD regulations means The Mobile Home Construction and Safety Standard Act, 42 USC, section 5401 et seq., as the same now exists or as is amended.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Incidental or accessory retail and service uses means any use different from the primary use but which compliments and/or supplements the primary use (e.g., a sundries shop that serves tenants of an office building or hospital). The term "incidental" shall mean an area which constitutes not more than 15 percent of the main use.

Industrial manufacturing means establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power-driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.

Institution for alcoholic, narcotic or psychiatric patients means an institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients.

Institutional use means a nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government-owned or operated building, structure or land used for public purposes.

Japanning and shellacking works means an establishment engaged in applying finish coats to wood and like materials, specifically including the application of enamels, lacquers, sealants, and/or varnishes.

Junk means any manufactured good, appliance, fixture, furniture, machinery, vehicle, personal property or other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, dilapidated, or so worn, deteriorated, or in such condition as to be generally unusable and/or inoperable. Without limiting the generality of the aforementioned, anything that is water soluble, primarily organic, or not typically associated with junkyard activities may not be considered junk.

Junkyard means the outdoor use of any lot for the sale, storage, display, dismantling, demolition, abandonment or discarding of junk.

Kennels (indoor pens) means an establishment with indoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

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

Kiosk means a small, freestanding, one-story accessory structure having a maximum floor area of 100 square feet and used for retail purposes, such as automatic teller machines, 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 50 square feet.

Kitchen, residential, means, generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. The term "kitchen" generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a kitchenette which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).

Laboratory equipment manufacturing means a facility that makes or produces equipment or products used for research or testing.

Laboratory, scientific or research means an establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see subsection (5) of medical facilities).

Landscaping means material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving. The following words, terms, or phrases, when used in the landscaping section (section 50-113) of this chapter shall have the following meanings ascribed to them, except where the context clearly indicates a different meaning:

Building site means the tract, parcel or lot of land area which is being developed and 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.

Diameter means the measurement of a tree at the specified distance above ground level.

Dripline means the periphery of an area underneath a tree, which would be encompassed by the perpendicular line dropped from the outermost edges of the crown of the tree.

Ground cover means grasses and other plants grown to keep soil from being blown or washed away and planted so as to develop full coverage within eighteen months. Bank, mulches, gravel, and other pervious material are included in this definition for use as ground cover under trees and shrubs.

Landscape development includes trees, shrubs, ground cover, vines, or grass installed in planting areas having a minimum of ten square feet of actual planting area and a minimum inside dimension on any side of 18 inches.

Shrub means any self-supporting woody, deciduous or evergreen species, which is generally multi-stemmed and sold by height or spread and measured in inches or feet, as normally will grow in the county.

Tree means any self-supporting wood plant, evergreen or deciduous, which at the time of planting has a caliper equal to or greater than specified, which is not less than six feet in height as measured from the root collar, and shall be of a species that normally grows to an overall height of a minimum of 15 feet in the county.

Laundromat washateria/self-service means a facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines on the premises that are operated by the patron/general public.

Laundry/dry cleaning (retail only, drop off/pick up) means a facility where clothing and other fabrics are washed, dried, and/or dry cleaned in machines on the premises that are operated by an employees of the facility.

Light load vehicle means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pickup trucks, sport utility vehicles, vans and minivans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles, but not including automobiles and motorcycles.

Light manufacturing or industrial use means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Loading space means an off-street space or berth used for delivery and loading/unloading of vehicles.

Local utility line means the facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad- and pole-mounted transformers.

Lot means a designated parcel, tract, or areas of land established by plat, subdivision, or otherwise permitted by law (as specified in V.T.C.A., Local Government Code ch. 212), to be separately owned, used, developed, or built upon.

Lot area means the total net area within lot lines and not including portions of streets and alleys.

Lot, corner, means a lot which has at least two adjacent sides abutting for their full lengths upon a street. See Illustration 50-2-4.

Illustration 50-2-4: Descriptions of various lot types

Illustration 50-2-5: Lot depth

Lot depth means the mean horizontal distance between the front and rear lot lines. See Illustration 50-2-5.

Lot, double frontage, means a lot having frontage upon two nonintersecting streets, as distinguished from a corner lot. See Illustration 50-2-4.

Lot, flag, means a lot having access to a street by means of a stem or a narrow strip of land connecting the lot to the street; the stem or narrow strip generally has a depth greater than its street frontage. See Illustration 50-2-4.

Lot frontage means that dimension of a lot or portion of a lot abutting onto a street.

Lot, interior, means a lot other than a corner lot. See Illustration 50-2-4.

Lot, key, means a corner lot whose exterior side is adjacent to the front yard of another lot.

Lot line means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of either county, as applicable, or a parcel of land, the deed for which was recorded in the office of the county clerk prior to date of adoption of the ordinance from which this chapter is derived.

_____

Lot width means the horizontal distance between the side lines of a lot measured parallel to the front lot line at the minimum required building setback line. See Illustrations 50-2-6 and 50-2-7.

Illustration 50-2-6: Lot width

Illustration 50-2-7: How to calculate lot width on curved lots

_____

Main building means the building on a lot which is occupied by the primary use.

Manufactured home display or sales (new or used) means the offering for sale, storage, or display of new or previously owned (i.e., used) manufactured housing units (e.g., mobile homes/trailers, HUD-code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured housing means any one of three types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Vernon's Ann. Civ. St. arts. 5221f and 5221f-1). For the purpose of this chapter, there are three types of manufactured homes:

HUD-Code manufactured home ormanufactured home means a movable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. The term "HUD-Code manufactured home" is also defined as a movable manufactured home that was constructed after June 15, 1976.

Industrialized home (also calledmodular prefabricated structure or modular home) means a structure or building module as defined under the jurisdiction and control of the state department of labor and standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term "industrialized home" includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term "industrialized home" does not include mobile homes or HUD-Code manufactured homes as defined in V.T.C.A., Occupations Code § 1201.003.

Mobile home means a movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. The term "mobile home" is also defined as any manufactured home that was constructed prior to June 15, 1976.

Manufactured/mobile home park means a parcel of land not less than three acres nor greater than 35 acres which is designed, improved, or intended to be used for short- or long-term occupancy by manufactured or mobile homes in designated spaces. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufactured/mobile home space means a plot of ground within a manufactured/mobile home park, or manufactured/mobile home subdivision which is designed for the accommodation of one manufactured/mobile home, trailer or RV unit.

Manufactured/mobile home subdivision means a parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned manufactured/mobile home units or HUD-code manufactured homes on platted lots which can be purchased outright by the owners of the manufactured/mobile home units. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Market, open air means a temporary outdoor marketplace where two or more vendors are on private property. Where produce, merchandise, food, or other products are distributed, offered for sale, or sold directly to consumers.

Masonry means brick, stone, brick veneer, stucco, and split face block laid up unit by unit and set in mortar.

Mausoleum means property used for the interring of the dead and where bodies are interred above ground in staked vaults.

Medical facilities includes any of the following:

Dental office or doctor's office means same as medical clinic.

Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

Massage establishment means any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state law. The term "massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term "massage establishment" includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. The term "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 and therapeutic massage. The terms "massage" 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.

Medical clinic or office means a facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.

Medical laboratory means an indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.

Public health center means a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

Sanitarium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

Surgical out-patient facility means an establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.

Mini-warehouse/self-storage means small, individual, storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

Minimum floor area per dwelling unit means the minimum floor area per dwelling unit, as specified in each residential zoning district category, defined as the total square feet of floor space within a residential structure's exterior walls that is heated and/or air conditioned including the livable area, closets and storage but excluding breezeways, garages, open porches, carports and accessory buildings.

Mobile Food Court means a parcel of land where two or more mobile food vendors congregate to offer food or beverages for sale to the public as the principal use of the land. This definition shall not be interpreted to include a congregation of mobile food vendors as a secondary, accessory use, and/or temporary use.

Model home means a dwelling in a developing subdivision, located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.

Motel means a building or group of buildings in which temporary lodging accommodations or guest rooms are offered at a daily rate to the general public. If a proposed business does not meet the "hotel" definition, it will be defaulted as "motel".

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.

Motor vehicle means any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.

Motorcycle means a usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. Motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.

Motorcycle sales/dealer means the display, sale and/or servicing, including repair work, of motorcycles.

Municipal facility or use means any area, land, building, structure and/or facility which is owned, used, leased or operated by the city, including police and fire department facilities.

Nonconforming use means a building, structure, or use of land lawfully occupied as of the effective date of this chapter or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

Nursery means an establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.

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

Office showroom/warehouse means an establishment with no more than 25 percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

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

Officially approved place of access means access to a property, other than from a dedicated street, which is approved by the city.

Outdoor sales means any primary use of a premises whereon goods, materials, or merchandise is displayed for the purpose of sale, and which the display area is greater than 30 percent of the gross floor area of the principal building.

Outside storage means the permanent and/or continuous keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours. Outside storage is also referred to as open storage.

Paint shop means a commercial establishment where painting services are performed but not automotive-related painting services, which would be included under auto repair (major).

Parcel means any unplatted tract of land or any portion of an unplatted tract of land (see Tract).

Park or playground (private) means a recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.

Parkor playground (public, municipal) means publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in this Code.

Parking lot means an off-street (i.e., not on a public street or alley), ground level area, paved in accordance with city parking lot standards, for the short- or long-term storage of motor vehicles.

Parking lot orgarage for passenger cars and trucks of less than one-ton capacity means an area or structure devoted to the parking or storage of cars and trucks of less than one-ton capacity for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure.

Parking space means an area meeting the dimensional requirements prescribed by this chapter, paved with a concrete or asphalt surface together with a concrete or asphalt surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. The space shall not be located within a public street or alley, nor shall head-in parking adjacent to a public street or alley, wherein the maneuvering is done on a public street or alley, be classified as off-street parking in computing the parking requirements for any use.

Pawn shop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with local, state and federal regulations.

Pet and animal grooming shop means a retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Petroleum distribution/storage means a facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.

Planned development district means planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.

Planning director means the person designated by the city manager to administer this chapter.

Planning and zoning commission means a board which is appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. Planning and zoning commission is also referred to as the commission.

Plat means a plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the city, and which is approved by the city and recorded in the plat records of either county.

Platted lot. See Lot and Lot of record.

Playfield or stadium (private) means an athletic field or stadium owned and operated by an agency other than the city or the school district.

Premises means land together with any buildings or structures situated thereon.

Primary use means the principal or predominant use of any lot or building.

Principal building. See Main building.

Private club means an establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, V.T.C.A., Alcoholic Beverage Code title 3, ch. 32, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Professional service means work performed which is commonly identified as a profession, and which may be licensed by the state.

Propane sales means retail sales of gaseous substances commonly used for household purposes such as propane and/or butane; the term "propane sales" does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.

Public agency building, shop, yard or facility means any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: the state, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the city, either county, the federal government, or other recognized political subdivision or public agency.

Public view means areas that can be seen from any public street.

Rear yard. See Yard, rear.

Recreation center means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Recreational vehicle (RV) means a self-propelled (i.e., motorized), mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence.

Recreational vehicle/camper sales and leasing means an establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational vehicle (RV) park/campground means an area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease. A parcel of land not less than three acres nor greater than 35 acres which is designed, improved, or intended to be used for short- or long-term occupancy by recreational vehicles (including travel trailers) in designated spaces. The facility must be developed in accordance with definition as adopted and may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Rehabilitation care facility (halfway house) means a dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.

Rehabilitation care institution (business) means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Residence means the same as a dwelling; also, when used with district, the term "residence" means an area of residential regulations.

Residential district means a district where the primary purpose is residential use.

Residential use means a dwelling unit or group of dwelling units; the term "residential use" includes dwelling units within the second story of a building wherein other parts of the building are used for a nonresidential purpose, such as a retail establishment or office.

Retail or service, incidental, means the rendering of incidental retailing or services incidental to the primary use. In the O Office District, for example, such uses may include a barbershop, beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. The term "incidental uses" shall mean uses which occupy less than 15 percent of the main use.

Retirement housing for the elderly, (alsoindependent living center or congregate housing,) means a development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of 80 percent of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.

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

Salvage storage yard (see wrecking yard) means the reclamation and storage of used products or materials.

Sand, gravel or stone storage (including sales) means the process of storing and/or selling sand, gravel, stone, topsoil, compost or other products from the earth.

Sexually oriented business means as provided in chapter 6, article II.

School—Business means a for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School—Commercial trade (vocational) means a for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

School—Other than public or denominational means a school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

School—Public or denominational means a school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.

Scientific and industrial research laboratories means facilities for research, including laboratories, experimental equipment, and operations involving compounding or testing of materials (hazardous or nonhazardous) or equipment.

Screened means shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

Screening means any method of visually shielding or obscuring 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. The term "screening" shall meet minimum requirements to provide a year-round visual obstruction.

Seasonal uses includes the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year.

Servant's quarters orguest house means an accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.

Shopping center means a group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.

Side yard. See Yard, side.

Skilled nursing facility means a facility providing primarily inpatient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization. A skilled nursing facility is also referred to as a nursing home, convalescent home, or a long-term care facility.

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

Stable, commercial, means a stable used for the rental of stall space or for the sale or rental of horses or mules.

Stables (private, principal or accessory use) means an area used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.

Storage or wholesale warehouse means a building used primarily for the storage of goods and materials.

Story means that portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The height for the first story shall be considered to be 15 feet in height, and the height of the second story and other subsequent stories shall be considered to be 12 feet in height. The term "story" does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the height of a building shall be measured from a point representing the average slope from opposite sides of the building.

Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.

Street means any dedicated public or private thoroughfare (right-of-way), which affords the principal means of access to abutting property. A public street is termed a major thoroughfare or arterial when the right-of-way is greater than 60 feet.

Street intersection means any street which joins another street at an angle, whether or not it crosses the other.

Structural alterations means any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (see Building).

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

Swimming pool, commercial, means a swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.

Swimming pool, private (use by membership) means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with this Code. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Tattoo or body piercing studio means a building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Telemarketing center means an establishment which solicits business or the purchase of goods and/or services by telephone only. No sale of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.

Telephone and exchange/switching station means a line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.

Temporary means used or lasting for only a limited period of time; not permanent.

Temporary building means any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

Temporary field office orconstruction yard or office means a structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the building official and shall be subject to review and renewal for reasonable cause.

Temporary real estate field office means a building, structure, or portable trailer used temporarily for sales of residential units in a recorded subdivision or development with a residential use component and in which sales and construction of residential units is planned and underway.

Tennis court (private/not lighted) means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the conditional use permit.

Theater, drive-in (outdoor) means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater orplayhouse (indoor) means a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Tire sales (indoors, no outside storage) means a retail establishment engaged in the sale and/or installation of tires for vehicles, but without outside storage.

Tire sales (outdoors, with outside storage) means a retail establishment engaged in the sale and/or installation of tires for vehicles, with outside storage.

Tool and machinery rental means a building or a portion of a building used for the display and rental of tools, machinery and instruments and that may have outdoor storage.

Tract means a single individual parcel or lot.

Tractor sales. See Heavy machinery sales and storage.

Trade and commercial schools. See School commercial trade.

Trailer, hauling means a vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer home. See Recreational vehicle.

Trailer park or court. See Recreational vehicle park.

Trailer space. See Recreational vehicle park.

Trailer, travel orcamping, means a portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

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

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, transit station turnarounds, water reservoirs and water pumping stations.

Truck means a light or heavy load vehicle (see light load vehicle and heavy load vehicle).

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

Truck and bus leasing means the rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.

Truck stop means a facility for the parking, refueling and/or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurants, restroom/showers facilities, and/or temporary sleeping quarters.

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

Truck sales and services (heavy trucks) means the display, sale or rental of new or used heavy load vehicles in operable condition.

Use means the purpose for which land or buildings are or may be occupied in a zoning district.

Utility distribution/transmission lines means facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited to, electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the city or private utility company.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustments can grant a variance.

Veterinarian clinic means an establishment where animals and pets are admitted for examination and medical treatment and that may have indoor and/or outdoor kennels or pens (see kennels).

Wrecking materials yard (junkyard orauto salvage) means 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.

Yard means an open space at grade between the principal buildings and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter. See Illustration 50-2-2.

Yard, front, means the open (unoccupied, unobstructed) space located in front of the front elevation of the principal buildings, calculated as the minimum horizontal distance between the front property line and the front elevation of the principal buildings. See Illustration 50-2-2.

Yard, rear, means the open (unoccupied, unobstructed) space located behind the rear elevation of the principal buildings, calculated as the minimum horizontal distance between the rear property line and the rear elevation of the principal buildings. See Illustration 50-2-2.

Yard, side, means the open (unoccupied, unobstructed) space located on either side of the principal buildings, calculated as the minimum horizontal distance between the side property line and the side elevation of the principal buildings. See Illustration 50-2-2.

Zoning district means a classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

Zoning district map means the official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this zoning chapter. (See sections 50-63 and 50-64.)

(Ord. No. 2008-01, § 45, 2-4-2008; Ord. No. 2010-09, § 4, 5-3-2010; Ord. No. 2012-01, § 2, 2-20-2012; Ord. No. 2013-19, § 3, 11-4-2013; Ord. No. 2015-07, § 2, 4-20-2015; Ord. No. 2015-16, § 2, 9-8-2015; Ord. No. 2016-20, § 3, 9-19-16; Ord. No. 2016-33, § 2, 1-3-17; Ord. No. 2022-43, § 2(Exh. A), 1-2-23; Ord. No. 2023-03, § 2(Exh. A), 3-6-23; Ord. No. 2024-14, § 2(Exh. A), 7-1-2024)

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this chapter shall govern. This chapter is also not intended to abrogate or annul any lawfully obtained permit issued prior to the effective date of the ordinance from which this chapter is derived.

(Ord. No. 2008-01, § 46, 2-4-2008)

By the passage of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been legalized unless such use specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of the ordinance from which this chapter is derived that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this chapter was adopted, shall be discharged or affected by adoption of the ordinance from which this chapter is derived; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects.

(Ord. No. 2008-01, § 47, 2-4-2008)

(a)

Any person or corporation who shall intentionally, knowingly, recklessly, or with criminal negligence violate any of the provisions of this chapter shall, upon conviction, be fined any sum not exceeding $2,000.00 and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of the chapter, to bring suit in such court having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.

(b)

Nothing contained in this chapter shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 2008-01, § 49, 2-4-2008)

If any section, paragraph, subdivision, clause, phrase, or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.

(Ord. No. 2008-01, § 50, 2-4-2008)