This chapter shall be known and may be cited as "The City of Van Alstyne Comprehensive Zoning Ordinance."

(Compiled Ords. 2008, § 1)

This chapter establishes zoning regulations and districts in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the city. Such regulations are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, and to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified and with a view toward conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Compiled Ords. 2008, § 2)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except to the extent a particular provision specifies otherwise:

Abutting property means property abutting upon a street shall also be understood as abutting property on the other side of the street.

Accessory use or building means a use or building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises.

Adjacent means "next to" or "closest to" but shall not necessarily mean "touching."

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Antenna/microwave reflector means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. The term "antenna/microwave reflector" is meant to include, but is not limited to, what are commonly referred to as satellite receive-only Earth stations.

Antenna, radio or television, means the arrangement of wires or metal rods used in sending or receiving of electromagnetic waves.

Apartment means a room or suite of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single-family, individual or group of individuals.

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

Area of the lot or building site means the net area of the lot or site and shall not include portions of streets and alleys.

Basement means a building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

Block means an area enclosed by streets and occupied by or intended for buildings; where the term "block" is used as a term of measurement, it means the distance along a side of a street between the nearest two streets which intersect the street on the side.

Board of adjustment means the zoning board of adjustment of the city.

Buildable width means the width of the building site left to be built upon after the required side yards are provided.

Building orstructure means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, detached, means a building surrounded by yard or open space on the same building lot.

Building ends means those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building spacing regulations for multiple-family dwellings, the term "building end" means the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of, means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building inspector means the building official or person charged with the enforcement of the zoning and building codes of the city.

Building line means a line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.

Building lot means a single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A building lot shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.

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

Building official means the building inspector of the city.

Canopy means any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels; or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy and compliance means an official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the city zoning regulations and authorizing legal use of the premises for which it is issued.

Climbing guard means equipment or shields specifically designed to prevent an unauthorized person from climbing a tower.

Contiguous means "touching" or "in contact."

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

Coverage means the percent of a lot or tract covered by the roof or first floor of a building.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

Depth of rear yard means the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified in the text of any section in this chapter.

District means a section of the city for which the regulations governing the area, height or use of the land and buildings are uniform.

Duplex means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, except for buildings designed and used as hotels, boardinghouses, roominghouses, and motels.

Family means an individual or group of two or more persons related by blood, marriage, adoption or guardianship, including foster children, exchange students, and servants, together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a family home for the disabled as defined by state law, but not including household care or rehabilitation care facilities.

Floodplain means an area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the city. The term "floodplain" is interchangeable with the term "flood hazard area."

Floor area means the total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports, garages or porches.

Floor area ratio means the ratio of total building floor area to lot area.

Front yard. See Yard, front.

Garage sale means the sale of items normally accumulated by a household subject to compliance with each of the following conditions:

(1)

No more than three garage sales shall be allowed for the same location in any 12-month period. The duration of the garage sale shall not exceed three consecutive days.

(2)

One unlighted sign not exceeding 12 square feet in area shall be permitted. The sign shall pertain to the garage sale only and shall be located on the property. The sign shall be permitted for the three-day period.

Gross floor area means gross floor area of a building measured by taking outside dimensions of the building at each floor level.

Heavy load vehicle (HLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Height means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

(1)

The highest point of the roof's surface if a flat surface;

(2)

The deck line of mansard roofs; or

(3)

The mean height level between eaves and edge for hip and gable roofs;

and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Incidental means a use which complements and/or supplements the primary use. Incidental shall mean an area that constitutes not more than ten percent of the area of the enclosed main use. An incidental use is also an accessory use.

Industrialized housing.

(1)

The term "industrialized housing" means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system.

(2)

The term "industrialized housing" shall not mean or apply to:

a.

Housing constructed of sectional or panelized systems not utilizing modular components; or

b.

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

(3)

The term "industrialized housing" does not include a mobile home, manufactured home, or building modules incorporating concrete or masonry as a primary component. For the purposes of this chapter, the terms "modular home" and "industrialized home or industrialized housing" are considered to have the same meaning.

Landscape screen means plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Light load vehicles (LLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles, campers, motorcycles, and other similar vehicles. The term "automobile" shall be construed to mean light load vehicle unless specifically stated otherwise.

Living unit means the rooms occupied by a family and which includes cooking facilities.

Lot, plot ortract means an undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the building inspector.

Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of a building located on the lot or the area determined as the maximum cross-sectional area of the building.

Lot line, front, means that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line; providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear, means that boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

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

Lot lines means the lines bounding a lot as defined herein.

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

Lot or building site means land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

Lot width means the width of a lot at the front building lines.

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

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

Manufactured home (HUD code) subdivision means a tract of land of not less than ten acres 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 subdivision regulations and in accordance with section 46-69.

Manufactured housing (HUD code) means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent 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 homes shall be references to HUD code manufactured housing, unless otherwise specified.

Manufactured modular home.

(1)

The term "manufactured modular home" means a structure or building module as defined by statute and under the jurisdiction and control of the state department of labor and standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term "manufactured modular home" includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

(2)

The term "manufactured modular home" does not include a manufactured housing mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

Manufacturing processes means uses restricted from other zoning districts but permitted in the MI-1 and MI-2 districts under this definition including manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent areas.

Mobile home means a structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent 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.

Mobile home park. See Manufactured home (HUD code) park.

Mobile home subdivision. See Manufactured home (HUD code) subdivision.

Modular home (industrial housing).

(1)

The term "modular home (industrial housing)" means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system.

(2)

The term "modular home (industrial housing)" shall not mean or apply to:

a

Housing constructed of sectional or panelized systems not utilizing modular components; or

b.

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

(3) The term "modular home (industrial housing)" does not include a mobile home, manufactured home, or building modules incorporating concrete or masonry as a primary component.

(4) For the purposes of this chapter, the terms "modular home" and "industrialized home" or "industrialized housing" are considered to have the same meaning.

Nonconforming structure or use means a structure or use of land lawfully occupied or constructed at the time of annexation into the city or of the effective date of the ordinance from which this chapter is derived or amendments thereto, as more particularly described in section 46-154, and which does not conform to the use regulations of the zoning district in which it is located or the ordinance requirements to be a lawful structure.

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

Oil, gas, other mineral extraction means the digging, boring, or any other activity which is intended to produce, explore, develop, retrieve, or otherwise save or make available any water, oil, gas, or other minerals or materials to allow for their production to the surface.

Off-street parking incidental to main use means 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 or within 200 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way.

Open space means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. See Usable open space.

Open storage means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Parking space means an all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Planning and zoning commission means the duly appointed planning and zoning commission of the city.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission.

Recreational and sports stores means establishments selling sporting goods, bicycles, and other sports and recreation equipment and shall include; sporting goods stores, ski sales stores, water diving equipment stores, gun shops including firearm repair/restoration, bicycle shops including bicycle repair, toy stores, and any other stores selling goods of a similar nature, but excluding motorized recreation vehicle sales and services including cycle sales and service and excluding shooting ranges or galleries used for the discharge of firearms using live ammunition.

Residence means the same as dwelling; when used with district, an area of residential regulations.

Residential district means any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-TH, TF, MF-1, MF-2, MH-1 and MH-2 district classifications.

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

Screening device. See Landscape screen.

Setback means the minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the side street.

Sexually oriented business means any establishment defined as a sexually oriented business by chapter 10, article VI of this Code.

Sign means an outdoor advertising device that is a structure, or that is attached to or painted on a building, or that is leaned against a structure for display on premises.

Site plan means a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

(1)

Property lines, location and widths of all streets, alleys and easements.

(2)

Proper dimensions on all fundamental features such as lots, buildings, parking spaces and landscaped areas.

(3)

The location of setback lines, driveway openings and sidewalks.

(4)

All proposed buildings, freestanding sign locations, parking areas and open spaces.

(5)

All required landscaping, together with a description of type of material to be used.

(6)

A cross section of any required or proposed screening.

(7)

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.

(8)

Name, address and telephone number of the proponent.

Story means the height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street means any thoroughfare or public driveway, other than an alley, more than 30 feet in width, which has been dedicated or deeded to the public for public use.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.

Street, local or residential, means a street designed to serve properties abutting and in the immediate vicinity of the street, having a minimum right-of-way width of 50 feet in single-family residential districts and 75 feet in all other districts.

Street, major, means a street designed to serve the entire community or substantial portions of the community, as well as traffic of non-local origin and destination, having a minimum right-of-way width of 100 feet.

Street, secondary or collector, means a street designed to serve an area roughly one-quarter mile distant from each side of the street, having minimum right-of-way width of 75 feet.

Structural alterations means any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structure. See Building.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight feet to any property line.

Tennis court (private) means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the specific use permit.

Thoroughfare. SeeStreet.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self supporting lattice towers, guy towers, or monopole towers.

Two-family dwelling means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Usable open space means an open area, which is designed and intended to be used for outdoor living or recreation. An area of common usable open space shall have a slope not exceeding ten percent shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. Usable open space shall not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or right-of-way or easement for streets or alleys.

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

Wholesale means the sale of goods, merchandise, services or commodities for resale by the purchaser and does not offer retail sales to the general public.

Yard means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front, means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear, means an open, unoccupied space, except for accessory buildings as herein permitted extending across the rear of a lot from one side lot line to the other side lot line.

Yard, side, means an open, unoccupied space on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are drawn.

Zoning regulations means this chapter and any related ordinances.

(Compiled Ords. 2008, § 34.2; Ord. No. 803, § 2.01, 8-29-2017; Ord. No. 824, § 2, 5-8-2018; Ord. No. 1000, § 3, 11-14-2023)

(a)

Residential uses.

Bed and breakfast facility means an owner or manager occupied property, other than a hotel or multiple family dwelling, which offers lodging for paying guests and which serves meals to these guests and which contains one or more guest bedrooms and where facilities for food preparation are not provided in the individual guest bedrooms. See also section 46-151(h).

Boardinghouse or roominghouse means 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.

CBD apartments means apartments in any building in the CBD on the second or higher floors or, if on the ground floor, is:

(1)

Not occupying the street front of the building; and

(2)

Occupied by the operator of the business which also is housed in that building.

Dormitory means 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 roominghouse. 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.

Duplex. See Two-family dwelling.

Garden (patio) home means a free-standing, detached structure used for residential purposes, built in accordance with standards set out in this chapter.

Guest house means living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Manufactured housing, HUD code. See section 46-3.

Manufactured home park. See section 46-3.

Manufactured home subdivision. See section 46-3.

Mobile home. See section 46-3.

Modular home. See section 46-3.

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

Retirement housing means 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:

(1)

Cafeteria and/or dining room.

(2)

Library.

(3)

Game room.

(4)

Swimming pool and/or jacuzzi.

(5)

Exercise room.

(6)

Arts and crafts facilities.

(7)

Greenhouse.

(8)

Housekeeping service.

(9)

Transportation service.

(10)

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

(11)

Beauty/barbershop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units.

(12)

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.

Servant's, caretaker's, or guard's residence means 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 employed on the premises for not less than 50 percent of his actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed 600 square feet.

Single-family dwelling, attached, means a dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot.

Single-family dwelling, detached, means a detached building designed exclusively for occupancy by one family, excluding manufactured housing.

Townhouse or row dwelling means one of a series of not less than three nor more than ten attached one-family dwellings under a common roof with a 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.

Travel trailer park means any tract of land under single ownership, not less than two acres nor more than ten acres, where accommodation is provided for travel trailer use.

Two-family dwelling means 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.

Zero lot line house means a residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.

(b)

Educational, institutional, and special uses.

Child care center means an establishment where four or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. (See Registered family home.)

Church, rectory, or place of worship means a building for regular 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. The place of residence may be a separate building.

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

College or university means an institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

Community center, public, means 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.

Community center, private, means a building 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.

Continuing care facility means 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 year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. (See Household care facility,Household care institution and Personal care home.)

Country club (private) means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

Exhibition area means an area or space either outside or within a building for the display of topic-specific goods or information.

Fairgrounds means an area where outdoor fairs, circuses or exhibitions are held.

Family home means 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:

(1)

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

(2)

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

(3)

All applicable licensing requirements must be met.

Farm, ranch, or orchard means an area of five acres or more which is used for growing of usual farm products and/or raising of usual farm products and 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. 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.

Fraternal organization, lodge, or civic club means an organized group having a restricted membership and specific purpose related to the welfare of the members.

Golf course means an area of 20 acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.

Greenhouse or plant nursery, commercial, means 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.

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

Hospital (acute care) means 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.

Hospital (chronic care); long term health care facility means 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.

Household care facility means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with not more than two supervisory personnel as a single housekeeping unit. (See also Household care institution, Personal care home, andContinuing care facility.)

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

Kennel means any lot or premises on which four or more dogs, cats or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.

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

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

Nursery school; kindergarten means a child care facility offering a program seven hours or less per day for children who have passed their second birthday but who are under seven years old.

Nursing home. See Rest home or nursing home.

Park, playground, or recreation center (private) means 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.

Park, playground, or recreation center (public) means an open recreation facility or park owned and operated by a public agency and available to the general public.

Personal care home (custodial care) means an owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three individuals not related to the provider of such care. Custodial care is that 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. (See Continuing care facility.)

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

Registered family home means 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, but the total number of children, including the caretaker's own, does not exceed 12 at any given time. (See Child care center.)

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

Rehabilitation care institution means 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.

Rest home or nursing home means 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. The terms "rest home" or "nursing home" shall include a convalescent home.

School, private (primary or secondary) means an institution of learning having a curriculum equivalent to public schools, but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

School, public (primary or secondary), means an institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the state education code, but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

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

Special events center means a building, facility, or room, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged, which may contain a business office used for management of the facility.

Stable, commercial, means a 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.

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

Stadium or playfield, public, means 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.

Swimming pool, commercial, means 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.

(c)

Transportation, utility, and communications uses.

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

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

Gas metering station means a facility at which natural gas flows are regulated and recorded.

Heliport orhelistop means a landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft.

Public or private franchised utility means a utility such as one distributing heat, chilled water, closed circuit television, or similar service and requiring a franchise to operate in the city. Such utility usually requires special facilities in residential areas or on public property such as heating, cooling, or communications.

Radio, television, or microwave communications operations, amateur, means the transmission and retransmission, 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.

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

Railroad station means any premises for the transient parking of trains and the loading and unloading of passengers.

Railroad team track and right-of-way means a facility/place for the loading and unloading of materials on trains.

Railroad track and right-of-way means and includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.

Service yard of governmental agency means an area for the servicing and storage of vehicles or other property of a governmental agency.

Shops, office, and/or storage area of public or private utility means the pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

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

Telephone exchange means a switching or transmitting station owned by a public utility, but not including business offices, storage, or repair shops or yards.

(d)

Automobile and related service uses.

Auto laundry. See Car wash.

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

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

Auto parts sales (outside) means 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.

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

Automobile repair, minor, means 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 the definition of the term "automobile repair, major" or any other similar use.

Automobile and trailer sales, new, means buildings 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.

Automobile and trailer sales, used, means buildings 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.

Automobile service station means 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 automobile accessories at retail direct to the on-premises 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 automobiles, which are inoperative or are being repaired to remain outside such service station for a period greater than seven days.

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

Automobile wrecking yard or junk yard means any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scraping of any other goods, articles, or merchandise.

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

Car wash means a facility or structure used to wash motorcycles, automobiles, and light load vehicles.

Parking lot or parking garage, automobile, means an area for parking light load vehicles.

Parking lot or parking garage, truck, means an area for parking heavy load vehicles.

Quick oil change facility means 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.

Quick tune-up facility means 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.

RV/camper trailer means a transient, portable dwelling unit originally designed to be moved from location to location by auto, truck or self propulsion, used for recreational purposes only and not intended to include mobile homes, manufactured homes or industrialized housing.

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

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

Truck or motor freight terminal means a building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.

Truck sales means buildings 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 (for definition, see section 46-4), 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.

Truck stop means any premises where heavy load vehicles are serviced, repaired, and/or where maintenance on such vehicles is undertaken and which includes facilities for dispensing fuels and other petroleum products directly into motor vehicles. Such premises may include the incidental sale of accessories or equipment for heavy load vehicles and similar commercial vehicles, overnight lodging accommodations, and/or restaurant facilities.

(e)

Office, retail and service type uses.

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

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

Amusement, commercial (outdoor), means 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-kart tracks and carnivals.

Antique shop means 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.

Appliance repair or storage means 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, hair dryers, and healthcare mobility devices.

Arcade means any place to which the public is permitted or invited wherein six or more coin-operated, slug- or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or skill machines, are located.

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

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

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

Barbershop means a place where barbering, as defined in Texas Barber Act, Vernon's Annotated Civil Statutes (Vernon's Ann. Civ. St.), art. 8407, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

Barber school or college means a place of training for practice of barbering, as defined in Texas Barber Act, Vernon's Ann. Civ. St., art. 8407, meeting standards established in section 9 of said Texas Barber Act.

Beauty culture school; cosmetology specialty shop means a specialized place of training, as defined in the Cosmetology Regulatory Act, Vernon's Ann. Civ. St., art. 8451.

Beauty shop means a place where cosmetology, as defined in the Cosmetology Regulatory Act, Vernon's Ann. Civ. St., art. 8451, is practiced.

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

Boardinghouse or roominghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons.

Building materials, hardware sales, means 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.

Business service means 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.

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

Cabinetmaking means an establishment for the production, display, and sale of cabinets, furniture, and other woodwork, including all materials and tools associated with the use.

Cleaning and dyeing, small plant or shop means a custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. (See Cleaning and dyeing; dry cleaning plant in subsection (f) of this section.)

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

Convenience store means 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 2,500 square feet not including storage areas and administrative offices.

Credit access business means a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan. A credit access business may also be referred to as a payday lender or check cashing facility.

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

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

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

Farmer's market means an area where space is rented to individual vendors who grow farm products such as agricultural and horticultural goods, or who produce food specialty products such as baked goods, candies, jams, jellies, spices, condiments, cheeses, eggs, milk, honey, meats, fish and pasta. The term "farmer's market" does include the sale of non-commercially produced arts and crafts products or any other item not specifically allowed per this chapter.

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

Flea market means 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.

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

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

Furniture and appliance repair or storage means 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.

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

Furniture making. See Cabinetmaking.

Furniture repair means an establishment that repairs furniture typically involving the use of hand tools and small-scale light mechanical equipment, but does not include the use of large-scale heavy tools, large-scale heavy mechanical equipment, or the use of dangerous chemicals (such as those affiliated with furniture restoration or refinishing).

Furniture restoration and refinishing means an establishment that specializes in furniture refinishing or restoration, including the use of all materials, tools, and chemicals associated with the use.

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

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

Hotel means a building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping services, and telephone are provided. Hotel room units are accessed through doorways into an internal hallway, courtyard, or lobby. Financial consideration for hotel room units is generally calculated on a nightly basis.

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

Laundry and cleaning, self-service, means 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.

Massage therapy facility means a place wherein a registered physical therapist or certified massage therapist treats patients.

Metal dealer, secondhand, means a place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered.

Metal dealer, crafted precious, means a place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or their alloys, excluding coins and commemorative medallions, under terms and conditions found in Vernon's Ann. Civ. St., art. 9009a.

Mortuary orfuneral home means a building or part thereof used for human funeral services. Such building may contain space and facilities for cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related supplies; and the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Motel, motor hotel, ormotor lodge means a building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping services, and telephone are provided. Each motel room unit has direct access to the outside. Financial consideration for motel room units is generally calculated on a nightly basis.

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

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

Office showroom/warehouse means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Outside merchandise sales, incidental means the unenclosed display of commodities, materials, goods, inventory or equipment readily accessible to the public for retail sales in conjunction with a primary enclosed use, not exceeding ten percent of the area of the enclosed main use. The material shall be located within 20 feet of the main building or within ten feet of an accessory building and no instance impair or block ADA access. This definition excludes new and used sale or lease of automobiles, motorcycles recreational vehicles, boats, or watercrafts. This definition does not include temporary outside merchandise display, such as a sidewalk sale.

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

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

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

Plumbing, heating, refrigeration, or air conditioning business means an establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning. (See Air conditioning and refrigeration contractor.)

Plumbing service means the operation of a business that 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 definition shall not be interpreted to allow a plumbing, heating, refrigeration, or air conditioning contractor or similar type wholesale operation.

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

Post office, government, or private, means local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

Print shop means 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.

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

Residence hotel means 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, club house 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.

Restaurant or cafeteria with drive-in or drive-through service means 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.

Restaurant or cafeteria without drive-in or drive-through service means 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.

Restaurant with drive-in service means 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.

Restaurant with drive-through service means 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.

Retail, big box means a single tenant retail building in excess of 50,000 square feet.

Retail e-cigarette store means a retail store which is utilized primarily for the sale of e-cigarettes and related products and accessories and in which the sale of products not related to the sale and/or use of e-cigarettes is merely incidental. A retail e-cigarette store may also be referred to as a vaping store or a vape shop.

Retail stores and shops means 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.

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

Service, retail, means an establishment engaged in the selling and/or servicing of goods where a minimum of 80 percent of the floor area is devoted to service, repair or fabrication of such goods with the storage and display of such goods wholly contained inside a building or structure. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.

Sexually oriented business means any establishment defined as a "sexually oriented business" by chapter 10, article VI of this Code, as it exists or may be amended.

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

Theater (outdoor) means 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.

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

Trailer rental means the display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.

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

Winery means an establishment used by the holder of a valid winery permit from the state alcoholic beverage commission for the authorized activities allowed by V.T.C.A., Alcoholic Beverage Code (2009), ch. 16, as amended.

(f)

Manufacturing, storage, and warehousing uses.

Bottling works means a manufacturing facility designed to place a product into a bottle for distribution.

Cleaning and dyeing, dry cleaning plant means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents. (See Cleaning and dyeing, small plant or shop in subsection (e) of this section.)

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

General manufacturing means manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this chapter.

Industrial park means 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.

Junk or salvage yard means 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. The term "junk yard" includes an automobile wrecking yard and automobile parts yard. The term "junk yard" does not include such uses conducted entirely within an enclosed building. (See Metal dealer, secondhand in subsection (e) of this section.)

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

Self-storage, mini-warehouse, means a facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.

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

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

(g)

Accessory uses.

Accessory building or use means a building or use that:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in area, extent, or purpose to the principal building or principal use served and is not physically connected to the principal building. If connected to the principal building, a structure becomes part of the principal building;

(3)

Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and

(4)

Is located on the same building lot as the principal use served.

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

Construction yard (temporary) means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at the completion of construction and subject to the same restrictions as a field office. (See section 46-151(b).

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

Home occupation means an occupation carried on in a residential dwelling, or in an accessory building to a residential dwelling, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes and complies with section 46-211, home occupation regulations.

Garage, private, means 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.

(Compiled Ords. 2008, § 34; Ord. No. 673, § 3, 4-24-2012, Ord. No. 696, § 3, 8-13-2013; Ord. No. 706, § 2, 1-14-2014; Ord. No. 754, § 3, 9-8-2015; Ord. No. 778, §§ 2.01, 2.02, 8-9-2016; Ord. No. 786, § 2, 11-29-2016; Ord. No. 796, § 2.01, 4-11-2017; Ord. No. 1000, § 3, 11-14-2023)

Any person violating this chapter or any other city zoning regulation shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined a sum not exceeding $2,000.00. Each continuing day of violation constitutes a separate offense. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.

(Compiled Ords. 2008, § 38; Ord. No. 706, § 3, 1-14-2014)

(a)

Fees associated with this chapter shall be in the amounts provided in the city fee schedule.

(b)

No permit, certificate, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

(Compiled Ords. 2008, § 37)

(a)

Compliance with city zoning regulations required. All land, buildings, structures, or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, removed, placed, or converted shall be occupied, used, erected, altered, removed, placed, or converted in conformance with the city zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

(b)

Building permits. No permit for the construction or placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract complies with section 46-98.

(c)

Exclusions. Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of the ordinance from which this chapter is derived and which entire building shall be completed within one year from the date of the passage of the ordinance from which this chapter is derived.

(d)

One main building on a lot or tract. Only one main building for one- or two-family use with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum width of 22 feet. Where a lot is used for retail and dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the city council. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.

(Compiled Ords. 2008, § 7)

(a)

Zoning upon annexation. All territory hereinafter annexed into the city shall be classified as A—Agricultural District, until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by this chapter for the adoption of original zoning regulations. The city council shall determine a permanent zoning for such area as soon as practicable after annexation.

(b)

Regulations in areas zoned A—Agricultural upon annexation. In an area classified as A—Agricultural District upon annexation:

(1)

No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy from the building official or the city council, as may be required.

(2)

No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the agricultural district, unless and until such territory has been classified in a zoning district other than the agricultural district by the city council in the manner prescribed by the law.

(Compiled Ords. 2008, § 6)

(a)

Zoning required prior to approval of plat. The city council shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

(b)

Annexation prior to approval of plat. The city council shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the city council unless and until such annexation shall have been approved by resolution by the city council.

(c)

Contemporaneous action on zoning and annexation. In the event the city council holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The city council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.

(d)

Procedures for platting. Platting requirements within the city limits and the extraterritorial jurisdiction are set forth in chapter 38, subdivisions, as it exists or may be amended.

(Compiled Ords. 2008, § 28)

(a)

Definitions. The following definitions apply to the provisions of this section:

Building code means any of the following adopted by the city, as amended: the International Residential Code, 2015 edition; the International Building Code, 2015 edition; the International Existing Building Code, 2015 edition; the International Fire Code, 2015 edition; the International Plumbing Code, 2015 edition; the International Mechanical Code, 2015 edition; the International Fuel Code, 2015 edition; the International Energy Conservation Code, 2015 edition; and the National Electrical Code, 2014 edition.

Commercial building means a building for the use or occupation of people for a public purpose or economic gain, or a residence if the building is a multifamily residence that is not defined as a residential building.

National model code means a publication that is developed, promulgated, and periodically updated at a national level by organizations consisting of industry and government fire and building safety officials through a legislative or consensus process and that is intended for consideration by units of government as local law. "National model code" includes the International Residential Code, the National Electrical Code and the International Building Code.

Residential building means a building having the character of a one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure.

(b)

Prohibitions on enforcement.

(1)

Notwithstanding any other provision contained in the city's ordinances, regulations or rules to the contrary, an official responsible for enforcement of the city's zoning ordinance or building codes, as designated by city charter, ordinance or other authorization of the city, shall not:

a.

Prohibit or limit, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or

b.

Enforce a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.

(2)

An applicant who proposes to use a building material, product or aesthetic method in the construction or alteration of a residential or commercial building that is prohibited or limited by the city's adopted zoning ordinance or building codes, as amended, or that is less stringent than the standard established by such ordinance or building codes, as amended, shall identify each provision in a national model code published within the last three code cycles that approves the use of such building material, product or aesthetic method, as a necessary requirement of the application.

(3)

An applicant may agree in writing to employ a building material, product or aesthetic method for use in the construction or alternation of a residential or commercial building that otherwise cannot be enforced under subsection (1).

(c)

Exemptions for ordinances, requirements and programs. The prohibitions in subsection (b) do not apply to the following ordinances, requirements or programs of the city or state, and the officials responsible for enforcement of the city's zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided:

(1)

A local amendment of a building code to conform to local concerns if the amendment does not conflict with subsections (b)(1) or (b)(2);

(2)

A program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program;

(3)

A requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under V.T.C.A., Insurance Code ch. 2210;

(4)

An ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that: (1) is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky Places Program; or (2) applies to outdoor lighting within five miles of the boundary of a military base in which an active training program is conducted;

(5)

An ordinance that regulates outdoor lighting and is adopted under V.T.C.A., Local Government Code ch. 229 subch. B, or under V.T.C.A., Local Government Code ch. 240 subch. B; or

(6)

Installation of a fire sprinkler protection system under V.T.C.A., Occupation Code § 1301.551(i), or under V.T.C.A., Health and Safety Code § 775.045(a)(1).

(d)

Exemptions for buildings. The prohibitions in subsection (b) do not apply to the following buildings, and the officials responsible for enforcement of the city's zoning ordinance and building codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.

(1)

A building located in a place or area designated for its historical, cultural, or architectural importance and significance by the city which were adopted by the city council prior to April 1, 2019;

(2)

A building located in a zoning district designated by the city council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by subsection (b), including the following zoning districts and any district that may hereafter be created by the city council for its historical, cultural, or architectural importance and significance;

(3)

A building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under V.T.C.A., Local Government Code § 211.003(b), if the municipality (1) is a certified local government under the National Historic Preservation Act (54 U.S.C. Section 300101 et seq.); or (2) has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission;

(4)

A building located in an area designated as a historic district on the National Register of Historic Places;

(5)

A building designated as a Recorded Texas Historic Landmark;

(6)

A building designated as a State Archeological Landmark or State Antiquities Landmark;

(7)

A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;

(8)

A building located in a World Heritage Buffer Zone; and

(9)

A building located in an area designated for development, restoration, or preservation in a main street city under the main street program established under V.T.C.A., Government Code § 442.014.

(e)

Appeal.

(1)

An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the city's zoning ordinance or building codes, as designated by city charter, ordinance or other authorization of the city, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by subsection (b), in the following manner:

a.

If the decision applies a requirement of a building code, to the building board of appeals, or if there is no building board, to the zoning board of adjustment; or

b.

If the decision applies a requirement of the zoning ordinance, to the zoning board of adjustment.

(2)

The appeal shall identify the provision or provisions which the appellant alleges to have been applied in violation of subsection (b). The appeal shall be filed, processed and decided in the manner provided for appeals by the appellate entity herein designated.

(f)

Amendments to zoning board of adjustment procedures. Notwithstanding any other provision contained in the city's ordinances, regulations or rules to the contrary, the following provisions apply to the adoption of or amendment to rules of the zoning board of adjustment and to appellate procedures before the board.

(1)

Rules of the zoning board of adjustment adopted or amended on or after September 1, 2019, must be approved by the city council.

(2)

Appeals to the board from the decision of an administrative official made on or after September 1, 2019, shall be governed by the following rules:

a.

An appeal of a decision by an administrative official that is not related to a specific application, address or project may be made by an aggrieved person or any officer, department, board, or bureau of the city affected by the decision.

b.

An appeal of a decision by an administrative official that is related to a specific application, address or project may be made by: the applicant; the owner or owner's representative of the property that is the subject of the decision; an aggrieved person who is the owner of property within 200 feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the city affected by the decision.

(Ord. No. 850, §§ 2—7, 8-27-2019)

Procedure for creating building site/lot. No permit for the construction of a building upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions:

(1)

The lot or tract is part of a plat of record properly approved by the city council and filed in the plat records of the county or counties in which the lot or tract is located.

(2)

The plot, tract or lot faces upon a dedicated street and was separately owned prior to annexation to the city, in which event a building permit for only one main building conforming to all the requirements of this chapter may be issued on each such original separately owned parcel without first complying with subsection (1) of this section.

(3)

The plot or tract is all or part of a site plan officially approved by the city council and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all plots, tracts, or lots must be provided access via a public street or drive.

(Compiled Ords. 2008, § 30; Ord. No. 907, § 3, 6-8-2021)

Editor's note— At the city's request the former § 46-98 was renumbered as § 46-11 during the codification of ordinance number 907.