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Trenton City Zoning Code

XXIII DESCRIPTION/DEFINITIONS

OF USES.

1. 
RESIDENTIAL USES:
1.1 
BOARDING OR ROOMING HOUSE:
A building, other than a hotel or multiple-family dwelling, where lodging is provided for three (3) or more persons for compensation, and where facilities for food preparation are not provided in individual rooms.
1.2 
DORMITORY:
A building in which housing is provided for individual students under to [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 (1) such apartment unit for each fifty (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.
1.3 
GARDEN (PATIO) HOME:
A freestanding, detached structure used for residential purposes, built in accordance with standards set out in Section [sic].
1.4 
GUEST HOUSES:
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.
1.5 
MANUFACTURED HOUSING, 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 (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (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 ordinance to manufactured housing or manufactured home(s) shall be references to HUD-Code Manufactured Housing, unless otherwise specified.
1.6 
MANUFACTURED HOME (HUD-CODE) PARK:
Any tract of land under single ownership of not less than eight (8) acres and not more than twenty-five (25) acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Trenton relating to the location, use[,] construction, operation, or maintenance of manufactured housing.
1.7 
MANUFACTURED HOME (HUD-CODE) SUBDIVISION:
A tract of land of not less than ten (10) acres, which has been platted of record in its entirety in accordance with the subdivision regulations of the city and in accordance with the “Specific Use” section of the Zoning Ordinance.
1.8 
MOBILE HOME:
A structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (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.
1.9 
MOTEL, MOTOR HOTEL, OR MOTOR LODGE:
A building or group of buildings designed for and occupied as a temporary dwelling place, providing four (4) or more room units for compensation, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, or motor lodge may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.
1.10 
MULTIPLE-FAMILY RESIDENCE:
Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residency by three (3) or more families living in independent dwelling units.
1.11 
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, house cleaner service, telephone, and upkeep of furniture shall be provided. Meeting room, clubhouse, and recreational facilities intended for the use of residences and their guests are permitted. This definition shall not include other dwelling units as defined in this ordinance.
1.12 
RETIREMENT HOUSING:
A development providing dwelling units specifically designed for the needs of ambulatory 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.
1. 
cafeteria and/or dining room
2. 
cafeteria and/or dining room [sic]
3. 
library
4. 
game room
5. 
swimming pool and/or Jacuzzi
6. 
exercise room
7. 
arts and crafts facilities
8. 
greenhouse
9. 
housekeeping service
10. 
transportation service
11. 
snack bar with a maximum of 350 square feet per 100 dwelling units
12. 
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
13. 
Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, on-prescription [non-prescription] drugs, small household items, and gifts
1.13 
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 fifty percent (50%) of his or her actual working time, and not otherwise used to designed as a separate place of abode, provided the living area of such servant’s quarters shall not exceed six hundred (600) square feet.
1.14 
SINGLE-FAMILY DWELLING, ATTACHED:
A dwelling that is part of a structure containing three (3) 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 twenty (20) feet, in which each dwelling is located on a separate platted lot.
1.15 
SINGLE-FAMILY DWELLING, DETACHED:
A detached building designed exclusively for occupancy by one (1) family.
1.16 
TOWNHOUSE OR ROW DWELLING:
One of a series of not less than three (3) nor more than ten (10) attached one (1) 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.
1.17 
RECREATIONAL VEHICLE:
A vehicular portable structure 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. These units shall be eight (8) feet or less in width and thirty-five (35) feet or less in length.
1.18 
TWO-FAMILY DWELLING:
A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and are under one (1) roof.
1.19 
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.
2. 
EDUCATIONAL, INSTITUTIONAL AND SPECIAL USES:
2.1 
CHURCH, RECTORY OR PLACE OF WORSHIP:
A building for regular assemble [assembly] for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises.
2.2 
CIVIC CENTER:
A building or complies [complex] of buildings that house municipal offices and services and which may include cultural, recreational, athletic, convention and/or entertainment facilities owned and/or operated by a governmental agency.
2.3 
COLLEGE OR UNIVERSITY:
An institute established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.
2.4 
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 nonprofit organization dedicated to promoting the health, safety, morals or general welfare of the city.
2.5 
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.
2.6 
CONTINUING CARE FACILITY:
A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board and lodging, 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 (1) 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, HOUSEHOLD CARE INSTITUTION and PERSONAL CARE HOME.)
2.7 
COUNTRY CLUB:
A land area and buildings customarily containing a golf course and a clubhouse and available only to private specific membership; such a club may contain adjacent facilities such a private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.
2.8 
DAY CARE CENTER:
A child care facility providing care, training, education, custody, treatment, or supervision for less than 24 hours a day for more than four (4) children. The term “day care center” shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. No portion of the day care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials. Site plan approval by the City Council shall be required for all day care center sites. (Also, see REGISTERED FAMILY HOME.)
2.9 
EXHIBITION AREA:
An area or space either outside or within a building for the display of topic-specific goods or information.
2.10 
FAIRGROUNDS:
An area where outdoor fairs, circuses or exhibitions are held.
2.11 
FAMILY HOME:
A community-based residential home operated by either the State of Texas, a nonprofit 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 (6) disabled persons and two (2) supervisory personnel may reside in a family home at the same time.
b. 
The home must provide food and shelter, personal guidance, care, habilitation services or supervision.
c. 
All applicable licensing requirements must be met.
2.12 
FARM, RANCH, OR ORCHARD:
An area of five (5) acres or more which is used for growing of unusual [usual] farm products and/or raising of usual farm poultry and farm animals 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.
2.13 
FRATERNAL ORGANIZATION, LODGE, OR CIVIC CLUB:
An organized group having a restricted membership and specific purpose related to the welfare of the members.
2.14 
GOLF COURSE:
An area of twenty (20) acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.
2.15 
GREENHOUSE, NONCOMMERCIAL:
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.
2.15[a] 
GREENHOUSE OR PLANT NURSERY, COMMERCIAL:
A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, includes related storage of equipment for landscape contracting.
2.16 
HOSPITAL (CHRONIC CARE):
An institution providing inpatient 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 of Texas.
2.17 
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 of Texas.
2.18 
HOUSEHOLD CARE FACILITY:
A dwelling unit which provides residence and care to not more than nine (9) 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, PERSONAL CARE HOME and CONTINUING CARE FACILITY.)
2.19 
HOUSEHOLD CARE INSTITUTION:
A facility which provides residence and care to ten (10) 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, PERSONAL CARE HOME and CONTINUING CARE FACILITY.)
2.20 
KENNEL:
Any lot or premises on which four (4) or more dogs, cats or other domestic animals more than four (4) months of age are housed or accepted for boarding, breeding, tanning [training], selling, grooming, and/or bathing for which remuneration is received.
2.21 
LIBRARY:
Any institution for the loan or display of books, 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.
2.22 
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.
2.23 
NURSERY SCHOOL, KINDERGARTEN:
A child care facility offering a program four (4) hours or less per day for children who have passed their second birthday but who are under seven years of age.
2.24 
NURSING HOME:
See REST HOME OR NURSING HOME.
2.25 
PARK, PLAYGROUND, OR COMMUNITY CENTER (PUBLIC):
An open recreation facility or park owned and operated by a public agency and available to the general public.
2.26 
PARK, PLAYGROUND OR COMMUNITY CENTER (PRIVATE):
A privately owned park playground, open space or building dedicated to recreational activities, maintained by a community club, property owners’ association, or similar organization.
2.27 
PERSONAL CARE HOME (CUSTODIAL CARE):
An owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three (3) individuals not related to the provider of such care. Custodial care is that type of care which assists elderly persons who are incapable of self-preservation because of physical or mental limitations in performing routine activities and which does not require the continuing attention of trained medical or paramedic personnel. (Also see CONTINUING CARE FACILITY)
2.28 
PLANT NURSERY:
See GREENHOUSE.
2.29 
REGISTERED FAMILY HOME:
A child care facility that regularly provides care in the caretaker’s own residence for not more than six (6) children under 14 years of age, excluding the caretaker’s own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care, but the total number of children, including the caretaker’s own, does not exceed twelve (12) at any given time. (Also see DAY CARE CENTER.)
2.30 
REHABILITATION CARE FACILITY:
A dwelling unit which provides residence and care to not more than nine (9) 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.
2.31 
REHABILITATION CARE INSTITUTE:
A facility which provides residence and care to ten (10) 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.
2.32 
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.
2.33 
SCHOOL, PRIVATE (PRIMARY OR SECONDARY):
An institution of learning having a curriculum equivalent to public schools but not including specialty schools, such as dancing, music, beauty, mechanical, trade, swimming, or commercial schools.
2.34 
SCHOOL, TRADE, OR COMMERCIAL:
Establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction in a trade, art, or occupation.
2.35 
STABLE, COMMERCIAL:
Structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including a sale barn, auction or similar trading activity.
2.36 
STABLE (PRIVATE):
An accessory building set back from adjacent property lines a minimum distance of one hundred (100) feet and used for quartering horses, not to exceed one (1) horse per one and one-half (1.5) acre area of a farm or lot.
2.37 
STADIUM OR PLAYFIELD (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.
3. 
TRANSPORTATION, UTILITY, AND COMMUNICATIONS USES:
3.1 
AIRPORT; HELIPORT:
A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.
3.2 
ELECTRICAL SUBSTATION:
A subsidiary station in which electric current is transformed.
3.3 
GAS METERING STATION:
Facility at which natural gas flows are regulated and recorded.
3.4 
PUBLIC OR PRIVATE FRANCHISED UTILITY:
A utility such as one distributing heat, chilled water, closed circuit television, or similar service and requiring a franchise to operate in the City of Trenton. Such utility requires special facilities in residential areas or on public property such as heating, cooling or communications.
3.5 
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.
3.6 
RADIO, TELEVISION, AND/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.
3.7 
RAILROAD STATION:
Any premises for the transient parking of trains and the loading and unloading of passengers.
3.8 
RAILROAD TEAM TRACK AND RIGHT-OF-WAY:
A facility/place for the loading and unloading of materials on trains.
3.9 
RAILROAD TRACK AND RIGHT-OF-WAY:
Includes track and undeveloped right-of-way but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.
3.10 
SERVICE YARD OF GOVERNMENTAL AGENCY:
An area for the servicing and storage of certain vehicles, mechanical items or other property of a governmental agency.
3.11 
SHOPS, OFFICE, AND STORAGE AREA OF PUBLIC OR PRIVATE UTILITY:
The pole yard, maintenance yard, and/or administrative office of the municipality or franchised utility.
3.12 
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.
3.13 
TELEPHONE EXCHANGE:
A switching or transmitting station owned by a public utility but not including business office facilities, storage or repair shops or yards.
4. 
AUTOMOBILE AND RELATED SERVICE USES:
4.1 
AUTO LAUNDRY:
A building or portion thereof containing facilities for washing automobiles using automated methods including chain conveyor, steam cleaning device, or other mechanical devices.
4.2 
AUTO LEASING:
Storage and leasing of automobiles, motorcycles, and light load vehicles.
4.3 
AUTO PARTS SALES (In building):
The use of any building or other premise for the display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.
4.4 
AUTO PARTS SALES (In open):
The use of any land area for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreational vehicles.
4.5 
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.
4.6 
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.
4.7 
AUTOMOBILE AND TRAILER SALES AREA, NEW:
(Building(s) and associated open area other than a street or required automobile parking space for the display or sale of primarily new automobiles 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.
4.8 
AUTOMOBILE AND TRAILER SALES AREA, 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 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.
4.9 
AUTOMOBILE SERVICE STATION:
A building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquified petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premise motor vehicle trade provided that the above services shall not be construed to include major overall, 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 automobiles, which are inoperative or are being repaired to remain outside such service station for a period greater than seven (7) days.
4.10 
AUTO STORAGE:
The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution or storage.
4.11 
AUTOMOBILE WRECKING YARD OR JUNK YARD:
Any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scrapping of any other goods, articles, or merchandise.
4.12 
BUS TERMINAL:
Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.
4.13 
CAR WASH:
Structure used to wash motorcycles, automobiles and light load vehicles.
4.14 
PARKING LOT OR PARKING GARAGE, AUTOMOBILE:
Area for parking light load vehicles.
4.15 
PARKING LOT OR PARKING GARAGE, TRUCK:
Area for parking heavy load vehicles.
4.16 
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 removal by pumper trucks.
4.17 
QUICK TUNE 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, PVC 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.
4.18 
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.
4.19 
TRUCK AND BUS REPAIR:
An establishment providing major and minor automobile repair services to heavy load vehicles.
4.20 
TRUCK OR MOTOR FREIGHT TERMINAL:
A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck.
5. 
RETAIL AND SERVICE TYPE USES:
5.1 
AIR CONDITIONING AND REFRIGERATION CONTRACTOR:
A place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification or 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, V.A.C.S., section 8861.
5.2a 
AMUSEMENT, COMMERCIAL (Indoor):
An establishment providing for activities, services and instruction for the entertainment, exercise, and improvement of fitness, and health of customers, clients, or members but not including hospitals, clinics, massage parlors, or arcades. Uses would typically include bowling alleys, ice or roller-skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or practice areas, gymnasiums and indoor running or jogging tracts.
5.2b 
AMUSEMENT, COMMERCIAL (Outdoor):
An outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-cart tracks and carnivals.
5.3 
ANTIQUE SHOP:
A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period with all sales and storage occurring inside a building.
5.4 
ARCADE:
An establishment in which there are located six (6) or more coin-operated skill or pleasure machines.
5.5 
BAKERY AND CONFECTIONERY, RETAIL SALES:
A place for preparing, cooking, baking and selling of products on the premises.
5.5b 
BAKERY AND CONFECTIONERY WORKS, COMMERCIAL:
A place for preparing, cooking, or baking of products primarily intended for off-premise distribution.
5.6 
BANK, SAVINGS AND LOAN OR CREDIT UNION:
An establishment for the custody, loan, exchange, or issue of money, the extension of credit, and/or facilitating the transmission of funds.
5.7a 
BARBER SHOP:
A place where barbering, as defined in Texas Barber, V.A.C.S. section 8407, is practiced, offered, or attempted to be practiced, except where such place is duly licensed as a barber school or college.
5.7b 
BARBER SCHOOL OR COLLEGE:
A place of training for practice of barbering, as defined in Texas Barber Act, V.A.C.S. section 8407, meeting standards established in Section 9 of said Texas Barber Act.
5.7c 
BEAUTY CULTURE SCHOOL, PRIVATE OR COSMETOLOGY SPECIALTY SHOP:
A specialized place of training, as defined in the Cosmetology Regulatory Act, V.A.C.S., section 8451.
5.7d 
BEAUTY SHOPS:
A place where cosmetology, as defined in the Cosmetology Regulatory Act, V.A.C.S., section 8451, is practiced.
5.8 
BUILDING MATERIALS 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.
5.9 
BUSINESS SERVICE:
Establishment 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.
5.10 
CABINET AND UPHOLSTERING SHOP:
An establishment used for the production, display and sale of furniture and soft coverings for furniture.
5.11 
CLEANING, SMALL PLANT OR SHOP:
A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area or a pickup station. (Also see DRY CLEANING PLANT, definition 6.2 in this section.)
5.12 
CLINIC, MEDICAL OR DENTAL:
A facility or station designed and used for the examination and treatment or [of] persons seeking medical care as outpatients who do not remain on the premises overnight.
5.13 
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 (6) pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.
5.14 
CUSTOM PERSONAL SERVICE SHOP:
Includes such uses as tailor, shoe repair, beauty/barber shop, health studio, or travel consultant.
5.15 
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.
5.16 
FEED STORE:
An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock and including other implements and goods related to agricultural processes but not including farm machinery.
5.17 
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, artwork, 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 service establishments, food services, establishments, retail sales establishments, and auction establishments.
5.18 
FLORIST:
An establishment displaying plants, flowers, floral supplies, and similar items.
5.19 
FOOD STORE:
Establishments that displays and sells consumable goods that are not to be eaten on the premises.
5.20 
FURNITURE AND 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.
5.21 
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.
5.22 
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.
5.23 
HOUSEHOLD APPLIANCE SERVICE AND REPAIR:
The maintenance and rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, counter top kitchen appliances, vacuum cleaner[s], and hair dryers.
5.24 
LABORATORY, SCIENTIFIC AND RESEARCH:
Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.
5.25 
LAUNDRY AND CLEANING, SELF-SERVICE:
An establishment including facilities for laundering and cleaning or clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.
5.26 
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 V.A.C.S., section 9009. (Also see JUNK OR SALVAGE YARD.)
5.26a 
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 V.A.C.S. section 9009a.
5.27 
MISCELLANEOUS RETAIL STORES:
Establishments engaged in the retail sale of specialized lines of merchandise not elsewhere classified, including but not limited to apparel and accessories, handcraft, and pastries.
5.28 
OFFICE CENTER:
A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.
5.29 
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[s] but excluding medical offices.
5.30 
PAWN SHOP:
An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).
5.31 
PERSONAL SERVICE SHOP:
An establishment primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and laundry pickup stations and reducing salons/health clubs.
5.32 
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.
5.33 
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.)
5.34 
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. Sheetmetal work of any type shall not be permitted. Storage shall be permitted for units and suppliers 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.
5.35 
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.
5.36 
POST OFFICES, GOVERNMENT AND PRIVATE:
Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
5.37 
PRINT SHOP:
An establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, plate making, microform, type casting, presswork, and print making.
5.38 
RACQUETBALL FACILITIES:
Courts housed in an acoustically treated building and designed for one (1) to four (4) 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 forty percent (40%) of the total floor area.
5.39 
GENERAL REQUIREMENTS APPLICABLE TO ALL RESTAURANTS OR CAFETERIAS:
Restaurants or Cafeterias that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local option elections. A Restaurant or Cafeteria that sells alcohol shall not be located within the following:
1. 
Three hundred (300) feet from a church, public hospital, and/or public school; and
2. 
One thousand (1000) feet from a public school if the City Council receives a request for this additional spacing requirement from the school district, and the City Council adopts such additional spacing requirements by resolution.
3. 
Measurement for the distance between a Restaurant or Cafeteria where alcohol beverages are sold and a church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections.
4. 
Measurement for the distance between a Restaurant or Cafeteria where alcoholic beverages are sold and a public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections.
5. 
If the restaurant that sells alcohol is located on or above the fifth story of a multistory building, in a direct line from the property line of the public school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the Restaurant or Cafeteria is located.
6. 
If a Restaurant or Cafeteria receives seventy-five percent (75%) or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages for on-premise consumption, the use will no longer qualify as a Restaurant or Cafeteria and will be classified and regulated by the City as an Alcoholic Beverage Establishment (See 5.48 below).
5.39a 
RESTAURANT OR CAFETERIA, WITH DRIVE-IN OR DRIVE-THROUGH SERVICE:
An eating establishment where service is primarily to customers at tables and not providing facilities for the consumption of food in automobiles on or near the restaurant premises but providing service to persons in cars.
5.39b 
RESTAURANT OR CAFETERIA, WITHOUT DRIVE-IN OR DRIVE-THROUGH SERVICE:
An eating establishment where service is primarily to customers at tables and not providing facilities for the consumption of food in automobiles on or near the restaurant premises.
5.39c 
RESTAURANT (DRIVE-IN TYPE):
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.
5.39d 
RESTAURANT (DRIVE-THROUGH):
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.
5.40 
RETAIL STORES AND SHOPS:
Establishments offering all types of consumer goods for sale, 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.
5.41 
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.
5.42 
SERVICE[,] RETAIL:
An establishment engaged in the selling and/or servicing of goods where a minimum of eighty percent (80%) of the floor 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.
5.43 
SHOPPING CENTER:
A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.
5.44 
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.
5.45 
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.
5.46 
TRAILER RENTAL:
The display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.
5.47 
WASHATERIA:
A building or place where clothes and linens are washed and thoroughly dried by the use on [of] not exceeding three (3) employees and four (4) automatic single-family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless. (See LAUNDRY AND CLEANING, SELF-SERVICE.)
5.48 
WET ESTABLISHMENT/ALCOHOL RELATED DEFINITIONS:
A. 
Alcoholic Beverage Establishment:
Any establishment that derives seventy-five (75) percent or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Alcoholic Beverage Code, as amended, for on-premise consumption. An Alcoholic Beverage Establishment shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections.
An Alcoholic Beverage Establishment shall not be located within:
1. 
Eight Hundred (800) feet from a church, public hospital, public school, private school, and/or residential zoning district. Separation from residential zoning districts does not apply to Alcoholic Beverage Establishments that are an accessory use in conjunction with the operation of a golf course.
2. 
One Thousand (1000) feet from a public school if the City Council receives a request for this additional spacing requirement from the school district, and the City Council adopts such additional spacing requirements by resolution; and
3. 
One Thousand (1000) feet from a private school if the City Council receives a request for this additional spacing requirement from the board of the private school, and the City Council adopts the additional spacing requirements by resolution. Measurement for the distance between an Alcoholic Beverage Establishment and the uses listed above or the nearest residential zoning district shall be in a straight line from the nearest property line of the lot where the Alcoholic Beverage Establishment is located, without regard to intervening structures or objects, to the nearest property line of the lot where the church, public hospital, public school, and/or private school is located.
B. 
Package Sales:
An establishment principally for the retail sale of alcoholic beverages, as defined in the Alcoholic Beverage Code, as amended, to the general public for off-premise consumption and rendering services that are incidental to the sale of such goods. A Package Sales establishment shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. Beer sales are not permitted in residential zoning districts. Package Sales establishment[s] shall not be located within the following:
1. 
Three hundred (300) feet from a church, public hospital, public school, and/or private school. but, a Package Sales establishment may be located within three hundred (300) feet of a private school if minors are prohibited from entering the package store;
2. 
One thousand (1000) feet from a public school if the City Council receives a request for this additional spacing requirement from the school district, and the City Council adopts such additional spacing requirements by resolution; and
3. 
One thousand (1000) feet from a private school if the City Council receives a request for this additional spacing requirement from the board of the private school, and the City Council adopts the additional spacing requirements by resolution. But, the City Council may not adopt this additional spacing required if minors are prohibited from entering the Package Sales establishment.
C. 
Measurement of the distance between the Package Sales establishment and the church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections. Measurement for the distance between the Package Sales establishment and a public or private school shall be:
1. 
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
2. 
If the Package Sales establishment is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the Package Sales establishment is located.
6. 
MANUFACTURING, STORAGE, AND WAREHOUSING USES:
6.1 
BOTTLING WORKS:
A manufacturing facility designed to place a product into a bottle for distribution.
6.2 
DRY CLEANING PLANT:
An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents. (Also see CLEANING, SMALL PLANT OR SHOP, Definition 5.12 [5.11] of this section.)
6.3 
GENERAL COMMERCIAL PLANT:
An establishment other than a personal service shop for the treatment and/or processing of products as a service on the for-profit basis including but not limited to, newspaper printing, laundry plant, or cleaning and drying [dying] plant.
6.4 
GENERAL MANUFACTURING:
Manufacturing of finished products and component products or parts from the transformation, treatment, or professing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this ordinance.
6.5 
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.
6.6 
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 automotive parts yard. A “junk yard” does not include such uses conducted entirely within an enclosed building. (Also see METAL DEALER, SECONDHAND.)
6.7 
LIGHT MANUFACTURING:
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.
6.8 
SELF-STORAGE, MINI-WAREHOUSE:
A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.
6.9 
STORAGE OR WHOLESALE WAREHOUSE, LIGHT:
A building used primarily for the storage of goods and materials and containing less than 5,000 square feet of floor space.
6.10 
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.
7. 
ACCESSORY USES:
7.1 
ACCESSORY BUILDING OR USE:
An accessory building or use is one which: (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent, or purpose to the principal building or principal use served; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served.
7.2 
CARPORT:
A structure open on a minimum of three (3) sides designed or used to shelter vehicles, not to exceed twenty-four (24) feet on its longest dimension.
7.3 
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 Office.
7.4 
FIELD OFFICE:
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 function[s] 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 eighteen (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.
7.5 
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:
a. 
“Residential dwelling” shall mean a detached building designed, used and occupied exclusively by members of one (1) family as a residence.
b. 
That no person other than members of a family who reside in the residential dwelling be engaged in such occupation, profession, domestic craft or economic enterprise.
c. 
That such use 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 twenty-five percent (25%) of the total of the floor area of the residential dwelling.
d. 
That, to prevent increased traffic congestion in residential area[s], no advertising of the occupation, profession, domestic craft or enterprise be conducted by means of any commercial communication media, or by the use of any other device such as a sign, display, handbill, or other visible indication thereof displayed inside or outside the residential dwelling.
e. 
That 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.
f. 
That no exterior storage of material, equipment and/or supplies used in conjunction with such occupation, profession, domestic craft, or enterprise be placed, permitted or allowed on the premises occupied by the residential dwelling.
g. 
That there be no offensive noise, vibration, smoke, dust, odors, heat, or glare beyond the property line.
h. 
That such occupation, profession, domestic craft or enterprise is wholly within the residential dwelling and no accessory building be used in conjunction therewith.
i. 
That no stock, goods, wares, or merchandise is sold or kept for sale on the premises.
j. 
That only equipment be used in such occupation, profession, domestic craft, or enterprise that is ordinarily used in a private home in a like amount and kind.
7.6 
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.
8. 
AUTHORITY:
8.1 
BUILDING OFFICIAL:
Shall be the Trenton Police Department, Chief of Police, or his designee appointed and authorized by this ordinance.
(Ordinance 477 adopted 11/7/14)