Tool City Zoning Code
APPENDIX B
DEFINITIONS ASSOCIATED WITH SCHEDULE OF USES
§ 1 ACCESSORY USES.
(a) ACCESSORY BUILDING OR USE. An accessory building or use is one which: is subordinate to and serves a principal building or principal use; is subordinate in area, extent or purpose to the principal building or principal use served; contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and is located on the same building lot as the principal use served.
(b) CARPORT. A structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension.
(c) CONSTRUCTION YARD (TEMPORARY). A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field or sales office (Appendix B, § 1d. See § 155.223 for other regulations relating to construction yards and field and sales offices.
(d) CUSTOMARY HOME OCCUPATION. An occupation profession, domestic craft or economic enterprise which is customarily conducted in a “residential dwelling” as hereinafter defined, subject to compliance with each of the following conditions.
(1) “Residential dwelling” shall mean a detached building designed, used and occupied exclusively by members of one family as a residence.
(2) Not more than one person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.
(3) Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft, or economic enterprise shall never exceed 20% of the total of the floor area of the residential dwelling. In no event shall the home occupation occupy more than 500 square feet.
(4) Not more than one non-illuminated sign advertising the home occupation shall be allowed; said sign shall be not more than one square foot In area and shall be mounted on the building in which the home occupation is being conducted.
(5) The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
(6) No exterior storage of material, equipment and/or supplies used in conjunction with such occupation profession, domestic craft or enterprise shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.
(7) No offensive noise, vibration, smoke, dust, odors, heat or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.
(8) The occupation, profession, domestic craft or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.
(9) The only equipment to be used in such occupation, profession, domestic craft or enterprise shall be that which is ordinarily used in a private home in a like amount and kind.
(10) A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents.
(e) FIELD OR SALES OFFICE (TEMPORARY). A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for “temporary buildings” shall be issued for a period of time not to exceed 18 months. Extensions may be granted only by the City Council. Upon due notice and hearing by and before the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard. (Also see Appendix B, § 1c.) See § 155.223 for other regulations relating to construction yards and field and sales offices.
(f) GARAGE, COMMERCIAL. See Appendix B, § 5i. Also see Appendix B, § 5j for definition of STORAGE GARAGE.
(g) GARAGE, COMMUNITY. A building or portion thereof, other than a repair, private, or storage garage as herein defined, providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.
(h) GARAGE, PRIVATE. A detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises if occupied by vehicles of others, it is a storage space.
(i) LOCAL UTILITY DISTRIBUTION LINES. The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service.
(j) OFF-STREET PARKING INCIDENTAL TO MAIN USE. Off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use.
§ 2 RESIDENTIAL USES.
(a) BED AND BREAKFAST INN. A building occupied or used as a temporary dwelling place of individuals or groups of individuals for a fee, where on-premise facilities are provided for the serving of one or more meals on a daily basis, and where the person with direct management responsibility of such establishment maintains a permanent residence within the establishment. A BED AND BREAKFAST INN is typically contained in whole or in part within a building which was previously a private residence.
(b) BOARDING OR ROOMING HOUSE. A building, other than a hotel or multiple-family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms.
(c) DORMITORY. A building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel or rooming house. A DORMITORY may provide apartment units for guests, faculty or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The DORMITORY may include facilities such as a commissary and/or snack bar, lounge and study area, dining halls and accessory kitchen, recreation facilities and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.
(f) GARAGE APARTMENT. A dwelling unit attached to or erected above a private garage.
(g) GARDEN (PATIO) HOME. A free-standing, detached structure used for residential purposes, built in accordance with standards set out in § 155.230.
(h) GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.
(i) HOTEL, MOTEL OR MOTOR LODGE. A building or group of buildings designed and occupied as a temporary dwelling place and where an office and register is maintained separately and apart from any of the rooms or units provided for the residents. To be classified as a hotel or motel, an establishment shall contain a minimum of four individual guest rooms or units and shall furnish customary hotel/motel services such as linen, maid service, telephone use and upkeep of furnishings. A HOTEL, MOTEL OR MOTOR LODGE may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.
(j) MANUFACTURED HOME, HUD CODE. A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. All references in this chapter to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing, unless otherwise specified.
(k) MANUFACTURED HOME PARK. Any tract of land under single ownership approved for occupancy by manufactured housing-and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Seven Points relating to the location, use, construction, operation or maintenance of manufactured housing. Such areas are commonly called “mobile home parks”.
(l) MANUFACTURED HOME SUBDIVISION. A tract of land to be used as a location primarily for owner-occupied HUD Code manufactured homes and which has been final platted of record in its entirety in accordance with the City of Seven Points Subdivision Regulations.
(m) MOBILE HOME. A structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or mare in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems.
(n) MODULAR HOME. A single-family structure or building, module manufactured, at a location other than the location where it is installed and used as a residence, transportable in one or more sections on a temporary chassis or other conveyance, device and designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home or trailer, nor does it include building modules incorporating concrete or masonry as the primary structural component.
(p) MULTI-FAMILY DWELLING OR APARTMENT. Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent dwelling units.
(q) RESIDENCE HOTEL. A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services, such as linen, maid service, telephone and upkeep of furniture shall be provided. Meeting room, clubhouse and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in this chapter.
(r) RETIREMENT HOUSING. A development providing dwelling units specifically designed for the needs of ambulatory retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:
a) Cafeteria and/or dining room;
b) Library;
c) Game room;
d) Swimming pool and/or Jacuzzi;
e) Exercise room;
f) Arts and crafts facilities;
g) Greenhouse;
h) Housekeeping service;
i) Transportation service;
j) Snack bar with a maximum of 350 square feet per 100 dwelling units;
k) Beauty/barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units; and
l) Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, non-prescription drugs, small household items and gifts.
(s) SERVANT’S, CARETAKER’S OR GUARD’S RESIDENCE. An accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person or persons employed on the premises for not less than 50% of his or her actual working time, and not otherwise used or designed as a separate place of abode.
(t) SINGLE-FAMILY DWELLING, ATTACHED. A dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot.
(u) SINGLE-FAMILY DWELLING, DETACHED. A detached building designed exclusively for occupancy by one family, excluding manufactured housing and modular homes.
(v) TOWNHOUSE OR ROW DWELLING. One of a series of not less than three nor more than ten attached one family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.
(w) TRAVEL TRAILER PARK. Any tract of land under single ownership, where accommodation is provided for travel trailer use.
(x) TWO-FAMILY DWELLING. A building designed for occupancy by two individuals or families living independently of each other within separate units which have a common wall and are under one roof.
(y) ZERO LOT LINE HOUSE. A residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code. See § 155.230 for additional regulations relating to garden (patio) homes.
§ 3 EDUCATIONAL, INSTITUTIONAL AND SPECIAL USES.
(a) ADULT DAY CARE CENTER. An establishment that provides counseling, recreation, supervision or food, or any combination of these services on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the establishment. Clients of an adult day care center shall not require institutionalization in a hospital; nursing or convalescent home; respite, personal care or custodial care home; or similar specialized facility. Hours of operation shall not exceed the period between 8:00 a.m. and 12:00 midnight. Such establishment shall not accommodate individuals who pose a direct threat to the health, safety or welfare of themselves or others, and shall not constitute a halfway house, rehabilitation facility or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities. Medical treatment or rehabilitative services shall not be provided in an adult day care center. An ADULT DAY CARE CENTER shall be licensed and operated in a manner consistent with such standards as may be promulgated by the State Department of Health and the State Department of Human Services.
(b) ADULT DAY CARE HOME. An establishment that provides counseling, recreation, supervision, or food/ or any combination of these services on a daily or regular basis, but not overnight, to three or fewer elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the establishment. Clients of an adult day care center shall not require institutionalization in a hospital; nursing or convalescent home; respite, personal care or custodial care home; or similar specialized facility.
(c) AGENCY GROUP HOME. A child care facility that provides care for seven to 12 children for 24 hours a day and is used only by a licensed child-placing agency.
(d) AGENCY HOME. A private home that provides care for not more than six children for 24 hours a day and is used only by a licensed child-placing agency.
(h) CHILD CARE FACILITIES. Facilities that provide care, training, education, custody, treatment or supervision for a child who is not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. CHILD CARE FACILITIES include “agency group homes”, “agency homes”, “child-care institutions”, “daycare centers”, “foster family homes”, “foster group homes”, “family homes” and “group daycare homes”.
(i) CHILD CARE INSTITUTION. A child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children’s homes, halfway houses, residential treatment camps, emergency shelters and training or correctional schools for children.
(j) CHURCH, SYNAGOGUE, TEMPLE OR PLACE OF WORSHIP.
(1) A structure used primarily for the purpose of engaging in religious worship or promoting the spiritual development or well-being of individuals; and
(2) A structure used by an organization operated in a way that does not result in accrual of distributable profits, realization of private gain resulting from payment or, compensation in excess of a reasonable allowance for salary or other compensation for serviced rendered, or realization of any other form of private gain; and
(3) A structure used by an organization whose charter, bylaws or other regulation adopted by the organization to govern its affairs:
(a) Pledges: Its assets for use in performing the organization’s religious functions; and
(b) Directs that on discontinuance of the organization by dissolution or otherwise, the assets are to be transferred to the state of or to a charitable, educational, religious or other similar organization that is qualified as a charitable organization under I.R.C. § 501(c)(3), as amended.
(4) Use of a structure for occasional secular purposes other than religious worship, does not result in loss of the status as a church if the primary use of the structure is for religious worship, and all income from the other use is devoted, exclusively to the maintenance and development, of the structure as a place of religious worship. See § 155.217 for additional regulations.
(k) CIVIC CENTER; CIVIC FACILITY. Any place or facility owned or operated by the school district, municipal, county, state or federal government, which is open for use by the general public. CIVIC FACILITIES shall include amphitheaters, auditoriums, cemeteries, libraries, museums, post offices, public office and administrative buildings (including City Hall), public plazas and open space, recreation centers and facilities, stadiums/arenas, convention or civic centers; but excluding storage and maintenance facilities, facilities for public utilities, including substations, treatment, generation or pump facilities, police or fire stations, or landfills or disposal facilities.
(l) COLLEGE OR UNIVERSITY. An academic institution of higher learning accredited or recognized’ by the state and offering a program or series of programs of academic study beyond the secondary education level, but excluding trade and/or commercial schools.
(m) COMMUNITY CENTER, PUBLIC. A building, or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a non-profit organization dedicated to promoting the health, safety, morals or general, welfare of the city.
(n) COMMUNITY CENTER, PRIVATE. A building or buildings dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit; not to be a commercial, for-profit business.
(o) COMMUNITY HOME FOR DISABLED PERSONS. A residential home operated by the State Department of Mental Health and Mental Retardation, a community center organized under § 3.01 of the Texas Mental Health and Mental Retardation Act, a non-profit corporation, or an entity certified by the State Department of Human Resources as a provider under the intermediate care facilities for mentally retarded program, which provide services to disabled persons.
(p) CONTINUING CARE FACILITY. A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act (Tex. Health and Safety Code, Ch. 246) in which a person provides a living unity together with personal care services and nursing services, medical services or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. Also see HOUSEHOLD CARE FACILITY, Appendix B, § 3ll, HOUSEHOLD CARE INSTITUTION, Appendix B, § 3mm, PERSONAL CARE FACILITY, Appendix B, § 3yy and PERSONAL CARE HOME, Appendix B, § 3zz.
(q) COUNTRY CLUB (PRIVATE). Land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club nay contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
(r) COUNTRY CLUB WITH GOLF COURSE. An area of 25 acres or more containing a golf course and clubhouse which is available to a specific recorded membership. Such a club may include as adjunct facilities, a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.
(s) DAY CAMP. A facility arranged and conducted for the instruction and organized outdoor recreation of children on a daytime basis.
(t) DAY CARE CENTER. A facility that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age for less than 24 hours a day who are not related by blood, marriage or adoption to the owner or operator of the facility. The terms “child care center” and “nursery school” shall not include overnight lodging, medical treatment, counseling or rehabilitative services, and does not apply to any school. Such facility shall be operated as required by Tex. Human Resources Code, Ch. 42, as amended, and in accordance with such standards as may be promulgated by the State Department of Human Resources. Also see AGENCY GROUP HOME, Appendix B, § 3c, AGENCY HOME, Appendix B, § 3d, FAMILY HOME, Appendix B, § 3x, FAMILY CARE HOME, Appendix B, § 3y and GROUP DAY CARE HOME, Appendix B, § 3gg. See § 155.216 for special regulations for DAYCARE (CHILD CARE) CENTERS.
(u) EXHIBITION AREA. An area or space, either outside or within a building for the display of topic-specific goods or information.
(v) FAIRGROUNDS. An area where outdoor fairs, circuses or exhibitions are held.
(w) FAMILY CARE HOME. A community-based residential home operated, by either the state, a non-profit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the mentally retarded. FAMILY HOMES provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a FAMILY HOME, a home must meet the following requirements:
a. Not more than six disabled persons and two supervisory personnel may reside in the residence at the same time;
b. The home must provide food and shelter, personal guidance, care, rehabilitation services or supervision; and
c. All applicable local and state licensing requirements must be met.
(x) FAMILY HOME. A child care 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. The total number of children, including the caretaker’s own, shall not exceed 12 at any given time. Also see DAY CARE CENTER, Appendix B, § 3t.
(y) FARM, RANCH OR ORCHARD. An area of five acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain, and for the raising of the usual farm poultry and 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, including feed lots, and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. The processing and storage of raw agricultural products, such as cotton gins and grain elevators, shall not be considered a farm, ranch or orchard if such constitute the main or principal use on the lot or parcel. FARM, RANCH OR ORCHARD use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise or vibrations or be otherwise detrimental to the public welfare or any type of agriculture or husbandry specifically prohibited by ordinance or law.
(z) FOSTER FAMILY HOME. A facility that provides care for not more than six children for 24 hours a day.
(aa) FOSTER GROUP HOME. A facility that provides care for seven to 12 children for 24 hours a day.
(bb) FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB. An organized group having a restricted membership and specific purpose related to the welfare of the members.
(cc) GOLF COURSE, COMMERCIAL. A golf course owned and operated by a private individual or group and operated as a commercial enterprise, but not including a driving range, miniature golf or similar commercial amusement.
(dd) GOLF COURSE, PUBLIC. A golf course owned and operated by a governmental entity for the use, benefit and enjoyment of the general citizenry.
(ee) GREENHOUSE OR PLANT NURSERY, COMMERCIAL. A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, including related storage of equipment for landscape contracting.
(ff) GREENHOUSE, NON-COMMERCIAL. A building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.
(gg) GROUP DAYCARE CENTER. A facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.
(hh) Reserved for future use.
(ii) HOSPICE (IN-PATIENT). An institution or facility where those persons suffering from generally permanent types of infirmity, illness, injury or deformity are given care and treatment on a prolonged or permanent basis, and which is licensed by the state.
(jj) HOSPITAL (CHRONIC CARE); LONG TERM HEALTH CARE FACILITY. An institution providing in-patient health, personal care or rehabilitative services over a long period of time to persons chronically ill, aged or disabled due to injury or disease and which is licensed by the state. See § 155.220 for additional regulations.
(kk) HOSPITAL (ACUTE CARE). An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the state. See § 155.220 for additional regulations.
(ll) HOUSEHOLD CARE FACILITY. 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 adversity; living together with not more than two supervisory personnel as a single housekeeping unit. See also HOUSEHOLD CARE INSTITUTION, § 3mm, PERSONAL CARE HOME, § 3yy and CONTINUING CARE FACILITY, § 3p.
(mm) HOUSEHOLD CARE INSTITUTION. 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 rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with supervisory personnel. See also HOUSEHOLD CARE FACILITY, § 3ll, PERSONAL CARE HOME, § 3kk and CONTINUING CARE FACILITY, § 3p.
(nn) KENNEL. Any lot or premises on which dogs, cats or other domesticated animals are housed, groomed, bred, boarded, trained, harbored, kept, or sold for commercial purposes, excluding pet stores and municipal animal shelters. Veterinary clinics, animal hospitals and animal clinics shall not be considered a KENNEL, unless such uses contain pens or facilities for housing, boarding, breeding, training, harboring or keeping dogs, cats or other domesticated animals, swine, equine or other livestock or animals.
(oo) KINDERGARTEN SCHOOL. A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
(pp) LIBRARY. Any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.
(qq) MOBILE COLLECTION CENTER FOR SECONDHAND GOODS. A truck, van, trailer or other vehicle used solely for the collection, sorting and/or temporary storage of used clothing, furniture and appliances which will be distributed to persons or other processing centers for secondhand goods.
(ss) MUSEUM OR ART GALLERY. An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
(uu) NURSING HOME. See REST HOME OR NURSING HOME, § 3ggg.
(vv) PARK, PLAYGROUND OR RECREATION CENTER (COMMERCIAL). Any park, playground or other similar outdoor recreation or park facility, including batting cages softball, soccer or other recreation sports fields, and outdoor tennis, racquet or swimming, facilities, which are open to the general public for a fee or charge.
(ww) PARK, PLAYGROUND OR RECREATION CENTER (PUBLIC). An open recreation facility or park owned and operated by a governmental entity and available to the general public.
(xx) PARK, PLAYGROUND OR RECREATION CENTER (PRIVATE). A privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner’s association or similar organization.
(yy) PERSONAL CARE FACILITY. An establishment, including a board and care home, 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 in Tex. Health and Safety Code, § 247.002.
(zz) PERSONAL CARE HOME (CUSTODIAL CARE). An owner-occupied, home-operated non-licensed facility for the elderly providing, custodial care to not more than three individuals not related to the provider of such care. CUSTODIAL CARE is that type of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine- daily activities and which do not require the continuing attention of trained medical or paramedical personnel. Also see CONTINUING CARE FACILITY, Appendix B, § 3p, and PERSONAL CARE FACILITY, Appendix B, § 3yy.
(ccc) RACE TRACK. A facility used for the racing of motor-driven vehicles and/or animals.
(ddd) REHABILITATION CARE FACILITY. 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.
(eee) REHABILITATION CARE INSTITUTION. A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.
(fff) RESPITE CARE FACILITY. An establishment that provides room, board and care to five or more elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the establishment; and provides minor treatment under the direction or supervision of a physician licensed by the State Board of Medical Examiners, or services which meet some need beyond the basic provision of food, shelter and laundry. The maximum duration of stay for any individual shall be two weeks. Clients of a RESPITE CARE FACILITY shall not require institutionalization in a hospital; nursing or convalescent home; custodial care home; or similar specialized facility.
(ggg) REST HOME OR NURSING HOME. A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home. See § 155.228 for additional regulations.
(hhh) Reserved for future use.
(iii) SCHOOL (PRIMARY OR SECONDARY). An institution under the sponsorship of a public or private agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state, but not including specialty schools such as dancing, music, beauty, mechanical, trade or commercial schools.
(jjj) Reserved for future use.
(kkk) SCHOOL, TRADE OR COMMERCIAL. An establishment, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction in a trade, art or occupation. Such schools do not offer general courses of study and are not licensed as general educational institutions by the state.
(lll) STABLE, PRIVATE. An accessory building set back from adjacent property lines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per one and one-half acre area of a farm or lot.
(mmm) STABLE, PUBLIC. A stable and related open pasture where horses are quartered for owners on a fee basis.
(nnn) STADIUM OR PLAYFLELD, PUBLIC. An athletic field or stadium, owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium, which may be lighted for nighttime play.
(ooo) SWIM OR TENNIS CLUB. A private, recreational club with restricted membership; usually less area than a country club but not including, a clubhouse and/or a swimming pool, tennis courts, and similar recreational facilities, none of which, is available to the general public. Service uses such as restaurants or private clubs are permitted in conjunction with this use under the terms and conditions of the zoning district in which the use is located. This definition includes court centers such as racquetball clubs.
(ppp) SWIMMING POOL, COMMERCIAL. A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee. See § 155.229 for additional regulations.
§ 4 TRANSPORTATION, UTILITY AND COMMUNICATIONS USES.
(a) AIRPORT, LANDING FIELD OR HELIPORT. A landing facility for fixed and rotary wing aircraft including hangars, terminal, fueling and repair, and storage facilities and subject to approval by the City of Seven Points.
(b) ANTENNA AND SUPPORT STRUCTURE FOR AMATEUR RADIO COMMUNICATIONS. An antenna utilized for communication purposes in conjunction with a citizen band or amateur radio station, and including any tower, mast or structure for the support thereof. This definition shall also include such anchors, anchor supports or guy wires associated with the structure, but shall not include any antenna used for commercial communications or radio broadcasting operations. See § 155.224 for additional regulations relating to radio, television and microwave communication towers.
(c) BUS TERMINAL. Any premises used for the transient housing or parking or motor-driven buses and the loading and unloading of passengers.
(d) COMMUNICATIONS TOWER. A structure, other than an antenna and support structure for citizen band and amateur radio communications, utilized for communications, radio broadcasting or television transmission. This definition shall include all antennas and any tower, mast or structure for the support thereof, and such anchors, anchor supports or guy wires associated with the structure. See § 155.224 for additional regulations relating to radio, television and microwave communication towers.
(e) ELECTRICAL SUBSTATION. A subsidiary station in which electric current is transformed.
(f) GAS METERING STATION. Facility at which natural gas flows are regulated and recorded.
(g) HELIPORT or HELIATOP. A landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft.
(h) RADIO, TELEVISION OR MICROWAVE COMMUNICATIONS OPERATIONS, AMATEUR. The transmission, retransmission or reception of radio, electromagnetic or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain, not including any towers, antennas or similar structures. See Antenna and Support Structure for Amateur Radio Communications, Appendix B, § 4b.
(i) RADIO, TELEVISION OR MICROWAVE COMMUNICATIONS OPERATIONS, COMMERCIAL. The transmission, retransmission or reception of radio, electromagnetic or microwave signals primarily for the purpose of operating a business and/or financial gain, not including any towers, antennas or similar structures. See COMMUNICATIONS TOWER, Appendix B, § 4d.
(j) Reserved for future use.
(k) RAILROAD FACILITY. Any place or premises for the loading and unloading of materials on trains, including freight terminals, freight docks and freight depots; railroad equipment storage yards, including the storage of railway cars, boxcars, engines and related equipment; sidings, team tracks, switching yards, maintenance and repair facilities; but excluding passenger terminals and distribution systems, as such uses are herein defined.
(l) RAILROAD FREIGHT TERMINAL. An establishment or facility which is designed for the storage and handling of goods and cargo which are transported by railroad from one city to another. The outside storage of railroad cars, engines or other railroad equipment shall be prohibited.
(m) RAILROAD STATION. Any premises for the transient parking of trains and the loading and unloading of passengers.
(n) RAILROAD TRACK AND RIGHT-OF-WAY. Rail track and undeveloped right-of-way but not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas.
(o) RAILROAD TEAM TRACK AND RIGHT-OF-WAY. A siding for spotting and unloading or loading box cars or other railroad cars and which area is connected to a public street by a drive for access.
(p) SERVICE YARDS, SHOP OR BUILDING OF PUBLIC ENTITY. Facilities such as office buildings, maintenance yards or shops required by branches of local, state or federal government for service to an area, such as State Department of Transportation Maintenance Yard or City Service Center.
(q) SERVICE YARD OR BUILDINGS OF PRIVATE UTILITY. The pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.
(r) SOLID WASTE TRANSFER STATION. A facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.
(s) TELEPHONE LINE AND EXCHANGE, SWITCHING OR RELAY STATION. Transmission lines and exchange, switching and relay stations owned by a public utility but not including public business facilities, storage or repair shops, yard or facilities.
§ 5 AUTOMOBILE AND RELATED SERVICE USES.
(b) AUTOMOBILE REPAIR, MAJOR. General repair or reconditioning of engines and air conditioning systems for motor vehicles; wrecker service collision services, including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under “automobile repair, minor”; and other similar uses.
(c) AUTOMOBILE REPAIR, MINOR. Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor motor services such as grease, oil, spark plug and filter changing; tune-ups, emergency road service; replacement of starters, alternators, hoses, 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 light load vehicles, but not including any operation named under “automobile repair, major” or any other similar use.
(d) AUTOMOBILE AND TRAILER SALES, NEW. Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks and trailers, to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.
(e) AUTOMOBILE AND TRAILER SALES, USED. Building(s) and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sales area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.
(f) Reserved for future use.
(g) CAR WASH. Facility or structure used to wash motorcycles, automobiles and light load vehicles. See § 155.219 for additional regulations relating to service stations.
(i) GARAGE, COMMERCIAL; COMMERCIAL PARKING LOT. A premises used solely for the parking of motor vehicles, and where such parking is allowed on the basis of the payment of a fee, contract or other form of remuneration. Facilities for washing, repair or other services shall not be included within a commercial garage or parking lot. Also see TRUCK PARKING LOT; TRUCK PARKING GARAGE, Appendix B, § 5v.
(j) GARAGE, STORAGE. A building or portion thereof, except those defined herein as private, repair or community garage, providing storage for more than four motor vehicles, which may have facilities for washing, but no other services. Also see Appendix B, § 1g and 1h and § 5r.
(k) LEASING, MOTOR VEHICLE. The use of any building or lot for the display and leasing of automobiles, motorcycles and light load vehicles.
(l) PARKING LOT OR STRUCTURE, COMMERCIAL. See GARAGE, COMMERCIAL; COMMERCIAL PARKING LOT.
(m) PARTS SALES, MOTOR VEHICLE (INSIDE). The use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers or recreational vehicles.
(n) PARTS SALES, MOTOR VEHICLE (OUTSIDE). The use of any land area for the display and sale of new or used parts for automobiles, panel trucks vans, trailers or recreation vehicles.
(o) QUICK OIL CHANGE FACILITY. A business engaging in the changing of oil, oil filters and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks.
(p) QUICK TUNE-UP FACILITY. A business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PCV valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps or other major engine parts, brake shoes or mufflers.
(q) SERVICE STATION. A building or place arranged, designed, used or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries and other motor vehicle accessories at retail direct to the on-premise motor vehicle trade, provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs or axles; steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. SERVICE STATIONS shall not allow motor vehicles which are inoperative or are being repaired to remain outside such service station for a period greater than seven days. See § 155.219 for additional regulations relating to service stations.
(r) STORAGE, MOTOR VEHICLE. The storage on a lot or tract of operable motor vehicles for the purpose of holding such vehicles for sale, distribution or storage. Also see Appendix B, § 5j.
(s) TRUCK AND BUS LEASING. The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done.
(t) TRUCK AND BUS REPAIR. An establishment providing major and minor automobile repair services to heavy load vehicles.
(u) TRUCK OR MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.
(v) TRUCK PARKING LOT; TRUCK PARKING GARAGE. Area for parking heavy load vehicles.
(w) TRUCK SALES. Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.
(x) TRUCK STOP. Any premises involving the maintenance, servicing or repair of commercial motor vehicles, which includes facilities for dispensing fuels and other petroleum products directly into motor vehicles, and/or the incidental sale of accessories or equipment for trucks and similar commercial vehicles. Such premises may also include overnight lodging accommodations and restaurant facilities.
(y) WRECKING OR SALVAGE YARD, MOTOR VEHICLE. The storage, parking or holding of whole or dismantled inoperable or operable motor vehicles for the purpose of future retail or wholesale sales of such vehicles or vehicle parts, including the dismantling, partial dismantling, crushing or compacting of such vehicles.
§ 6 RETAIL AND SERVICE TYPE USES.
(a) ADULT ENTERTAINMENT ESTABLISHMENT. Amusement enterprises offering activities and services distinguished or characterized by the depiction or describing of specified anatomical areas or specified sexual activities, as defined in the zoning ordinance of the City of Seven Points. Such uses shall include, but not be limited to, the following.
(1) ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug- or token-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displays are distinguished or characterized by the depicting or describing of specified anatomical areas or specified sexual activities, as defined in this chapter.
(2) ADULT BOOKSTORE. A commercial establishment which has devoted a substantial or significant portion of its business to the sale, rental or any form of consideration of any one or more of the following:
(a) Books, magazine, periodical or other printed matter, photographs, films, motion pictures, video cassettes, video tapes or other video reproductions, slides or other visual representations which depict or describe specified anatomical areas or specified sexual activities, as defined in this chapter; or
(b) Instruments, devices or paraphernalia which depict specified anatomical areas or specified sexual activities, or are designed for use in connection with specified sexual activities.
(3) ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(a) Person or persons who appear in a state of nudity;
(b) Live performances which are characterized by the exposure of specified anatomical areas; or by specified sexual activities, including topless or bottomless dancer, exotic dancers or strippers; or
(c) Films, motion pictures, video cassettes, video tapes or other video reproductions, slides or other photographic or visual representations which are characterized by the depiction of specified anatomical areas or specified sexual activities, as defined in this chapter.
(4) ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes or tapes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified anatomical areas or specified sexual activities, as defined in this chapter.
(5) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the depiction or description of specified anatomical areas or specified sexual activities, as defined in this chapter.
(6) MASSAGE PARLOR. Any place where, for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any specified sexual activity, or where any person providing such treatment, manipulation or service related thereto exposes any specified anatomical area.
(7) NUDE MODELING STUDIO. Any place where a person who appears in a state of nudity, or displays any specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
(b) AIR CONDITIONING AND REFRIGERATION CONTRACTOR. A place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Tex. Occupations Code Ch. 1302.
(c) AMUSEMENT, COMMERCIAL (INDOOR). An amusement enterprise wholly enclosed in a building which is treated acoustically so-that noise generated by the enterprise is not perceptible at the bounding property line. Said amusement enterprise may offer, activities, services, and instruction for the entertainment, exercise and/or improvement of fitness and health of customers, clients or members. Uses would typically include bingo parlors, athletic facility, dance hall, exercise areas, gymnasiums, health club/resort, bowling alleys, ice or roller skating rinks, martial arts classrooms and/or practice areas, racquetball and handball courts, running or jogging tracks, swimming pools and spas, teen club, tennis courts and theaters.
(d) AMUSEMENT, COMMERCIAL (OUTDOOR). An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open. Uses would typically include amusement parks or water amusement parks, archery range, athletic/recreational facility, carnivals, fairgrounds, drive-in movie, golf course, golf driving range, batting cage, go-cart track, miniature golf course and sport/recreation camp.
(e) ANTIQUE SHOP. An establishment offering for sale, within a building, articles such as artwork, glass, china, furniture or similar furnishings, decorations or artifacts which have value and significance as a result of age, design and/or sentiment.
(f) Reserved for future use.
(g) ARCADE. An establishment in which at least 25% of the floor area open to the public is used for coin-operated, slug or token-operated, or electronically- or mechanically-controlled still or motion picture machines, projectors or other image-producing devices, or skill or pleasure machines, other than billiard or pool tables, or which has more than five such machines for use by the general public; provided, however, that the ARCADE may neither display nor use any eight-liner machine.
(h) BAKERY AND CONFECTIONERY, RETAIL SALES. A place for preparing, cooking, baking and selling of products on the premises.
(i) BAKERY AND CONFECTIONERY, WHOLESALE. A place for preparing, cooking or baking of products primarily intended for off-premise distribution.
(j) BANK, SAVINGS AND LOAN, CREDIT UNION. An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.
(k) BARBER SCHOOL OR COLLEGE. A place of training for practice of barbering, as defined in Texas Barber Act, Tex. Occupations Code Ch. 1601, meeting standards established in Tex. Occupations Code § 1601.351 of said Texas Barber Act.
(l) BARBER SHOP. A place where barbering, as defined in Texas Barber Act, Tex. Occupations Code Ch. 1601, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.
(m) BEAUTY CULTURE SCHOOL; COSMETOLOGY SPECIALTY SHOP. A specialized place of training, as defined in the Cosmetology Regulatory Act, Tex. Occupations Code Ch. 1602.
(n) BEAUTY SHOP. A place where cosmetology, as defined in the Cosmetology Regulatory Act, Tex. Occupations Code Ch. 1602, is practiced.
(o) BUILDING MATERIALS, HARDWARE SALES. The sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.
(p) BUSINESS SERVICE. Establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing.
(q) CABINET AND UPHOLSTERING SHOP. An establishment used for the production, display and sale of furniture and soft coverings for furniture.
(r) CLEANING AND PRESSING, SMALL SHOP AND PICKUP. A custom cleaning shop not exceeding 2,500 square feet in floor area or a pickup station for a cleaning establishment located off-site. Also see CLEANING AND DYEING; DRY CLEANING PLANT, Appendix B, § 7d.
(s) CLINIC, MEDICAL OR DENTAL. A facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight. See § 155.220 for additional regulations.
(t) CONVENIENCE STORE. A retail establishment providing for the sale of food items, non-prescription drugs, small household items and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six pumps are offered. Maximum size of the establishment will be no more than 5,000 square feet, not including storage areas and administrative offices.
(u) CUSTOM PERSONAL SERVICE SHOP. Tailor, dressmaker, shoe repair, barber/beauty shop, health studio, travel consultant or similar shop offering custom service.
(v) DANCE HALL OR NIGHT CLUB. An establishment offering to the general public facilities for dancing and entertainment for fee and subject to licensing and regulation by the City of Seven Points.
(w) DISCOUNT, VARIETY OR DEPARTMENT STORE. A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.
(x) FEED AND FARM SUPPLY STORE. An establishment for the selling of food stuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.
(y) FLEA MARKET. A site where .space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances and similar merchandise, objects or equipment in small quantities. The term FLEA MARKET shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments and auction establishments.
(z) FLORIST. An establishment displaying plants, flowers, floral supplies and similar items.
(aa) FOOD STORE; GROCERY STORE. An establishment that displays and sells consumable goods for use and consumption off the premises.
(bb) FURNITURE AND APPLIANCE REPAIR OR STORAGE. The storage, maintenance or rehabilitation of appliances customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners and hair dryers.
(cc) FURNITURE, APPLIANCE STORE. Retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.
(dd) GARDEN CENTER (RETAIL SALES). Location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.
(ee) GENERAL MERCHANDISE STORE. Retail stores which sell a number of lines of merchandise, including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware and food. The stores included in this group are known as department stores, variety stores, general stores and other similar stores.
(ff) LABORATORY, SCIENTIFIC OR RESEARCH. Facilities for research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment.
(gg) LAUNDRY AND CLEANING, SELF-SERVICE. An establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.
(hh) METAL DEALER, CRAFTED PRECIOUS. A place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium or their alloys, excluding coins and commemorative medallions, under terms and conditions found in Tex. Occupations Code §§ 1956.051 et seq.
(ii) METAL DEALER, SECONDHAND. A place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale or transfer, under terms and conditions found in Tex. Occupations Code Ch. 1956. Also see JUNK OR SALVAGE YARD, Appendix B, § 7l.
(jj) OFFICE CENTER. A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government r or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.
(kk) OFFICE, PROFESSIONAL OR GENERAL ADMINISTRATIVE. A room or group of rooms used for the provision of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering and business offices of public utilities, organizations and association, but excluding medical offices.
(ll) OFFICE/SHOWROOM. A building or facility which has a portion of its total floor area devoted to the display of remnants or samples of merchandise for sale, either on a wholesale or retail basis, on the premises or by order for future delivery, and where the remaining area is devoted to administrative or sales offices.
(mm) OFFICE/WAREHOUSE. Flex space; a building or facility which has a portion of its total floor area devoted to distribution, storage or warehousing operations, in which the remaining area may include retail and wholesale sales areas, sales offices or display areas for products sold or distributed from the storage or warehousing areas.
(nn) PACKAGE STORE. An establishment offering for sale within a building, liquor as that term is defined in the Tex. Alcoholic Beverage Code, § 1.04, to consumers for off-premises consumption only, and not for the purpose of resale.
(oo) PAWN SHOP. An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).
(pp) PERSONAL SERVICE SHOP. An establishment primarily engaged in providing services generally involving the care of the person or his or her apparel, including, but not limited to, barber and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs.
(qq) PET SHOP. A retail establishment offering small animals, fish or birds for sale as pets and where all such creatures are housed within the building.
(rr) PHARMACY. An establishment operated by a registered pharmacist which dispenses medicines and health aids.
(ss) PLUMBING, HEATING, REFRIGERATION OR AIR CONDITIONING BUSINESS. An establishment primarily engaged in the sales, service or installation of equipment pertaining to plumbing, heating, refrigeration or air conditioning. Also, see AIR CONDITIONING AND REFRIGERATION CONTRACTOR, Appendix B, § 6b.
(tt) PLUMBING SERVICE. The operation of a business which involves only retail sales and off-premises service, installation and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration or air conditioning contractor or similar type wholesale operation.
(uu) PORTABLE BUILDING SALES. An establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.
(vv) POST OFFICE, GOVERNMENT OR PRIVATE. Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
(ww) PRINT SHOP. An establishment which reproduces printed or photographic impressions, including, but not limited to, the process of composition, binding, platemaking, microform, type casting, presswork and printmaking.
(xx) RACQUETBALL FACILITIES. Courts housed in an acoustically-treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery and related uses up to a maximum of 40% of the total floor area.
(yy) Reserved for future use.
(zz) RESTAURANT, WITH DRIVE-IN SERVICE. An eating establishment where food or drink is 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.
(aaa) Reserved for future use.
(bbb) RESTAURANT, WITH DRIVE-THROUGH SERVICE. An eating establishment which serves food only to persons in cars and which does not provide facilities for the consumption of food in automobiles on or near the restaurant premises.
(ccc) RESTAURANT WITH PRIVATE CLUB ALLOWING ON PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES. An establishment offering food for sale which is prepared on the premises to .be consumed on the premises and which has 51% of its annual gross business in sales of such food and non-alcoholic beverages; and having a private club permit or license from the state, allowing on-premises consumption of alcoholic beverages. Upon written request of the Mayor of the City of Seven Points, the owner or operator of such an establishment shall furnish an audit to the City of Seven Points at the expense of the owner or operator in order to determine compliance with the requirements of this definition.
(ddd) RESTAURANT, WITHOUT DRIVE-IN OR DRIVE-THROUGH SERVICE. An eating establishment where service is primarily to customers at tables and shall include restaurants, cafeterias and other stores of a similar nature and not providing facilities for the consumption of food in automobiles on or near the restaurant premises and providing no service to persons in vehicles or at walk up windows.
(eee) RETAIL STORES AND SHOPS. Establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials.
(fff) REVERSE VENDING MACHINE. A fully enclosed, automated machine, which accepts and issues a cash refund or redeemable coupon for used metal cans, plastic, glass or paper. Such machine shall have a maximum height of ten feet, a maximum ground coverage of 150 square feet, and a maximum storage capacity of 3,000 pounds.
(ggg) SECONDHAND GOODS, COLLECTION. See MOBILE COLLECTION CENTER FOR SECONDHAND GOODS, Appendix B, § 7o.
(hhh) SECONDHAND STORE, FURNITURE OR CLOTHING. An establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.
(iii) SERVICE, RETAIL. An establishment engaged in the selling and/or servicing of goods where a minimum of 80% of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.
(kkk) SHOPPING CENTER. A group of primarily retail and service commercial establishments planned, constructed and managed as an integral unit with customer and employee parking provided on-site and provision for good delivery separated from customer access.
(lll) THEATER (OUTDOOR). An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.
(mmm) TOOL OR TRAILER RENTAL. A store or shop renting any type of tools and/or equipment used to residential, commercial or industrial purposes.
(nnn) TOOL RENTAL (RESIDENTIAL USES). A store or shop renting tools, equipment and/or other goods for use in normal residential activities. This specifically excludes any type of equipment normally associated with commercial or industrial activity, such as ditching machines, tractors, bulldozers or other similar heavy machinery or equipment.
(ooo) TRAILER, MANUFACTURED HOUSING, OR MOBILE HOME DISPLAY AND SALES. The offering for sale, storage or display of trailers, manufactured housing or mobile homes on a parcel of land, but excluding the use of such facilities as dwellings, either on a temporary or permanent basis.
(ppp) TRAILER RENTAL. The display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.
(qqq) VETERINARY CLINIC. An animal clinic or animal hospital. A facility for the prevention, treatment, minor surgery, cure or alleviation of disease and/or injury to animals, specifically domestic animals, with all care provided on an out-patient basis only. See § 155.222 for additional regulations. See KENNEL.
§ 7 MANUFACTURING, STORAGE AND WAREHOUSING USES.
(a) BATCH PLANT. A temporary or permanent facility for the production and manufacture of asphalt or concrete.
(b) BOTTLING WORKS. A manufacturing facility designed to place a product into a bottle for distribution.
(c) BULK STORAGE TERMINAL. Any facility engaged in the wholesale distribution, and storage in excess of 50,000 gallons, of petroleum and petroleum products, liquefied petroleum gas and other chemicals, from bulk liquid storage tanks.
(d) CLEANING AND DYEING; DRY CLEANING PLANT. An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents. Also see CLEANING AND DYEING, SMALL PLANT AND PICKUP, Appendix B, § 6r.
(e) CLOTHING MANUFACTURE OR LIGHT COMPOUNDING OR FABRICATION. Includes the manufacture of jewelry, trimming decorations and any similar item not involving the generation of noise, odor, vibration, dust or hazard.
(f) CONTRACT CONSTRUCTION SERVICES. Any premises used for the storage, accumulation, stocking or depositing of materials, tools, products or equipment on a temporary or permanent basis for eventual use or sale by an electrician, plumber, carpenter or any other type of building, construction or manufacturing trade, provided that such activities are conducted completely within an enclosed building and provided that the temporary or overnight on-premises parking of motor vehicles and outside storage of equipment or materials for eventual use or sale shall be allowed as an accessory use.
(g) CONTRACTOR STORAGE YARD. Any premises where the principal use is for the outside storage, accumulation, stocking or depositing of materials, tools, products, equipment or vehicles on a temporary or permanent basis for eventual use or sale by an electrician, plumber, carpenter or any other type of building, construction or manufacturing trade.
(h) GENERAL COMMERCIAL PLANT. An establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis including but not limited to newspaper printing, laundry plant or cleaning and dyeing plant.
(i) GENERAL MANUFACTURING. Manufacturing of finished products and component products or parts from the transformation treatment or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls and other requirements in this chapter.
(1) Acid manufacture;
(2) Ammonia manufacture;
(3) Carbon black manufacture;
(4) Cement, lime, gypsum or plaster of Paris manufacture;
(5) Chlorine manufacture;
(6) Cotton gin or compress;
(7) Explosives storage or manufacture;
(8) Glue and fertilizer manufacture;
(9) Petroleum and petroleum, products refining and manufacture;
(10) Petroleum tank, farm;
(11) Petrochemical plant;
(12) Rendering plant;
(13) Tanning, curing, treating or storage of skins of hides;
(14) Wrecking yard or salvage yard; and
(15) Any use which, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration, or danger of explosion or fire is presently, or in the future determined a hazard and subject to special control.
(k) INDUSTRIAL PARK. A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
(l) JUNK OR SALVAGE YARD. A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes an automobile wrecking yard and automobile parts yard. A JUNK YARD does not include such uses conducted, entirely within an enclosed building. Also see METAL DEALER, SECONDHAND, Appendix B, § 6hh.
(m) LIGHT MANUFACTURE OR INDUSTRIAL AS DEFINED BY ARTICLE. Light manufacturing processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the LI District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and including, but not limited to, such uses as:
(1) Woodworking and planing mill with dust and noise control;
(2) Textile manufacture with dust and odor control;
(3) Ceramic and pottery manufacture with dust, odor, and fume control;
(4) Plastic products manufacture with dust and fume control;
(5) Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process;
(6) Grain processing with hoods, dust and odor controls;
(7) Electroplating or battery making with acid, fume and odor controls; and
(8) Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of the emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of a hazard, but specifically excluding the uses listed in Appendix A
, § 7j.
(n) MINI-STORAGE WAREHOUSE; SELF-STORAGE WAREHOUSE. Small individual storage units for rent or lease, restricted solely to the storage of items with separate access to individual storage units by persons renting the individual units. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.
(o) MOBILE COLLECTION CENTER FOR SECONDHAND GOODS. A truck, van, trailer or other vehicle used solely for the collection, sorting and/or temporary storage of used clothing, furniture and appliances which will be distributed to persons or other processing centers for secondhand goods.
(p) RECYCLING CENTER. A facility or establishment used for, or involved in, the collecting, storage, sorting, crushing, breaking up, shredding, compacting, baling, palletizing or wholesale distribution of waste or scrap metal cans, glass, paper or plastics. Such facility shall not accept or process motor vehicles or motor vehicle parts or accessories, nonferrous metal scrap, petroleum products or waste, or textile waste.
(q) REDEMPTION CENTER, MOBILE. A truck, van, trailer or other vehicle used solely for the collection, sorting and/or temporary storage of used metal cans, plastic, glass or paper, and for which a cash refund or redeemable coupon may be issued.
(r) Reserved for future use.
(s) STORAGE OR WHOLESALE WAREHOUSE, HEAVY. A building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.
(t) STORAGE OR WHOLESALE WAREHOUSE, LIGHT. A building used primarily for the storage of goods and materials; containing less than 5,000 square feet of floor space.
(Ord. passed 4-4-2000; Ord. 2006-1207, passed 12-7-2006)