- IN GENERAL
This chapter shall be known and may be cited as the "Zoning Chapter of the City of Watauga, Texas."
(Code 2001, § 14.101; Code 2010, § 14.01.001)
For the purpose of this chapter, certain terms and words are herewith defined as follows: Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "structure" includes the word "building"; the word "shall" is mandatory, and not directory. The words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied." The word "lot" includes the words "plot," "parcel," or "tract" as used in their common meanings. Technical words not defined herein shall have meanings ascribed to them by definition of such words in the building code of the city unless other meanings are clear from their context of use.
(Code 2001, § 14.104; Code 2010, § 14.01.004)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building means a subordinate building located on the same lot as a principal building, the activity of which is clearly integral with or incidental to the permitted use of the principal building. The term "accessory" shall have the same meaning as accessory use. The term "subordinate" shall mean that the use or building shall comprise 20 percent or less of the area, extent, or purpose of the principal use of the property.
Accessory use means any use of the building or premises which exists in conjunction with and which is customarily incidental to the permitted principal use, provided that such use shall not be hazardous to or impair the use or enjoyment of nearby property by reason of noise, odors, dust, or other pollutants.
Alley means a public right-of-way which affords only a secondary means of access to abutting property.
Antenna facility. See section 115-116, Antenna facilities.
Basement means a building story which is partly underground but may have up to one-half of the basement height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.
Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where platting is incomplete or disconnected, the building official shall determine the outline of the block.
Board means the board of adjustment of the city.
Buildable area means the portion of a lot remaining after required yards have been provided.
Building means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels.
Building, height of, means the vertical distance measured at a point five feet from the midpoint of the structure on the wall having the greatest fall in grade:
(1)
To the highest point of the roof surface, if a flat roof;
(2)
To the deck line of a mansard roof; or
(3)
To the mean height level between eaves and ridge for a gable, hip, or gambrel roof;
provided, however, that where buildings are set on the street right-of-way line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.
Business means and includes service, retail, commercial, industrial, and manufacturing uses and districts as defined in section 115-85, Permitted use table.
Commission means the planning and zoning commission of the city.
Council means the city council.
Court means an open unoccupied space bounded on three or more sides by the walls of a building.
Curb level means the elevation of the established curb in front of a building measured at the center of such front.
Dwelling, attached, means a separate building containing only one dwelling unit which building is connected to, but is structurally independent of any other building.
Dwelling, detached, means a building containing a dwelling unit and not connected to any other building containing a dwelling unit.
Dwelling unit means one or more rooms connected together but structurally divided from all other rooms in the same structure and constituting a separate, independent housekeeping unit for permanent residential occupancy by one family, with all necessary facilities contained therein for sleeping, eating, cooking, and sanitation.
Easement means the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
Family means:
(1)
One or more persons occupying a single dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.
(2)
Notwithstanding subsection (1) of this definition, a family shall be deemed to include five or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in subsection (1) of this definition.
Fence means a structure, other than a building, which is a barrier and used as a boundary or means for protection or confinement.
Floor space per dwelling unit means the total number of square feet of habitable floor space contained within a dwelling unit exclusive of porches, breezeways, carports, garages, and storage areas not directly accessible from within the dwelling unit.
Frontage means all the property abutting on one side of the street between two intersecting streets, measured along the street line.
Grade means the average of the finished ground level at the center of all walls of a building. In the case that walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
Gross leasable area means the total floor area of a building which is designed for tenant occupancy and exclusive use, including basements and mezzanines, and measured to centerlines of joint partitions and to outside of exterior walls; the term does not include auditorium or theater space within such building.
Height of building means the vertical distance of a building measured five feet from the average natural front yard ground level to:
(1)
The highest point of a roof's surface;
(2)
The deck line of mansard roofs; or
(3)
The mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height.
Interpretation means a determination of the meaning of zoning regulations or their application, or a determination of the location of zoning district boundaries.
Junk means any scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, scrap zinc, and all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tin foil, used bottles, used paper, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile, truck or airplane tires and other used manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition.
Landscaping planting means a combination of live plant material. Landscape planting shall not include the use of smooth concrete or asphalt, except when used as a minor portion of the total area and in conjunction with the overall design.
Lot means a parcel of land surveyed or apportioned for sale or other purposes, as shown on a plat of a recorded subdivision of which it is a part, or any tract of land the use of which is controlled or managed by any person or group of persons under a unified and specific plan.
Lot, corner, means a lot abutting two or more streets at their intersection.
Lot coverage means the percentage of the total area of the lot, excluding streets, alleys, and dedicated drainage ways, covered by all buildings located thereon.
Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, from which yards shall be provided as indicated under the definition for "yard" in this section.
Lot, interior, means a lot whose side lines do not abut upon any street.
Lot line, front, means the boundary between a lot and the street on which it fronts.
Lot line, rear, means the boundary line which is opposite and most distant from the front street line. In cases of uncertainty, the building official shall determine the rear lot line.
Lot line, side, means lot boundary, not a front or rear line thereof.
Lot lines means the lines bounding a lot as defined herein.
Lot of record means a lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Lot, through, means an interior lot having frontage on two streets.
Lot types means the designation of lots according to "Figure 1, Lot Types," illustrating corner
lots, interior lots, reversed frontage lots and through lots.
Figure 1 Lot Types
LEGEND
Lot width means the distance between the straight lines, measured at the front setback line, connecting front and rear lot, lines at each side of the lot, measured across the rear of the minimum front yard.
Nonconforming lot means a parcel, site, or tract of land which does not meet the minimum lot regulations for the district in which it is located, which lot was legally created prior to the effective date of the applicable zoning regulations.
Nonconforming structure means a building, wall, fence, tower, sign, or other similarly created object which does not meet the type, size, height, or location limitations of the district in which it is located, which structure was legally existing prior to the effective date of the applicable zoning regulations.
Nonconforming use means a use of land or structure which is not authorized in the district in which such use or activity is conducted, which use was legally existing or in operation under other laws of the state or codes of the city prior to the effective date of the applicable zoning regulations.
Parking space, off-street, means an area adequate for parking an automobile with room for opening doors on both sides, together with maneuvering room and with properly related access to a public street or alley.
Planned development or PD means a development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.
Portable means a structure that is mounted on wheels or skids and can be moved as a unit without disassembly for transportation.
Portable storage container means any portable box-like container transported by truck or trailer to a location for drop off.
Premises means any combination of lots or parcels of land which combined together constitute a single building site.
Recreational vehicles, major, means boats, trailers, boat trailers, travel trailers, pickup campers, motor homes or coaches (designed to be mounted on automotive vehicles or chassis, but excluding pickup shells, utility trailers, and the like, and cases or boxes used for transporting major recreational vehicles, whether occupied by such vehicles or not).
Retaining wall means a structure, other than a building, which is constructed as a barrier and used as a means of retaining areas of different grades.
Right-of-way means the same as in V.T.C.A., Local Government Code § 283.002(6), the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
Screening means a device or material used to conceal one element of a development from other elements or from adjacent or contiguous development. Screening may include one or a combination of walls, fences, beams or plantings of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition.
Special exception means a privileged use or development of property which would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, size, location, or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare of the community.
Story means that part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof.
Street means a public or private right-of-way which affords the principal means of access to abutting property.
Street line means the dividing line between the street and the abutting property, normally to the lot property line.
Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
Temporary and portable accessory type building means a detached building or structure without any foundation or footing and which is intended to be removed at some point in the future and is located upon the same lot as the principal building or structure to which it is related, which is incidental to and customarily found in connection with such principal building or structure.
Tenant means a person who does not own a building but to whom the landlord grants temporary use of part of the building, usually in exchange for the payment of rent (although, in some situations, no compensation may be exchanged).
Travel trailer means a vehicular, portable structure built on a chassis designed to be used as a temporary living facility for travel and recreational purposes, having a body width not exceeding eight feet in the transporting mode.
Variance means a privileged relaxation of the development controls provisions of this chapter where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship and would prevent the substantial enjoyment of property rights as shared by nearby properties which conform to the development controls.
Wall means a barrier composed of native stone, brick, precast concrete panels with decorative finish or decorative masonry unit.
Yard means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level and of the graded lot upward; provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, roof overhangs, bay windows and chimneys not exceeding 36 inches, may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a public street.
Yard, rear, means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
Yard, side, means a yard extending from the rear line of the required front yard to the rear lot line, or, in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required.
Yard, special, means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies.
Zoning official means the person designated to administer and enforce the regulations of this chapter.
(Code 2001, § 14.105; Code 2010, § 14.01.005; Ord. No. 1476, 10-24-2011; Ord. No. 1712, § I, 6-10-2019)
In their interpretation and applications, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, and the general welfare of the city. They have been designed, among other things, to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to provide adequate light and pure air, to avoid undue concentration of population, and to facilitate adequate provisions for transportation, water, sewerage, schools, parking areas, and other public requirements.
(Code 2001, § 14.102; Code 2010, § 14.01.002)
It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except as the same may be specifically repealed by the terms of this chapter, or with private restrictions placed upon property by covenant, deed, easement, or other private agreement. Where this chapter imposes a greater restriction upon land, buildings, or structures than is imposed or required by other laws, ordinances, covenants, or agreements, the provisions of this chapter shall govern.
(Code 2001, § 14.103; Code 2010, § 14.01.003)
The following uses are permitted as provided in this chapter:
Accessory building (business). In a commercial district, a subordinate building attached or detached, and used for a purpose customarily incidental to the main structure.
Accessory building (industrial). In an industrial district, a subordinate building attached or detached, and used for a purpose customarily incidental to the main structure.
Accessory building (residential). In a residential district, a subordinate building attached or detached and used for a purpose customarily incidental to the main structure, located on the same lot, such as a private garage for automobile storage, tool house, greenhouse, hobby shop (no business), home workshop, children's play house, storage house, garden shelter, but not involving the conduct of a business.
Amusement center, indoor. A facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin-operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffleboard, darts, and batting cages. Any combination of these games may be used in the facility. However, the combination of any four coin-operated game machines shall constitute an amusement center.
Amusement center, outdoor. Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.
Amusement center, teen club. A nightclub which caters primarily to patrons who are minors and in which no alcoholic beverages are sold or permitted and all activities occur indoors.
Amusement center (with alcohol). A facility which includes bowling alleys, pool halls, billiard halls or arcades, that provides entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place indoors or outdoors and which permits alcoholic beverages to be sold, served, or consumed on-site.
Amusement park. An amusement enterprise offering rides such as roller coasters and games to the general public for a fee or charge wherein the majority of the activity takes place in the open.
Animal grooming. An establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.
Animal hospitals and clinics (for the care and temporary boarding of domestic household pets). The office and clinic of a doctor of veterinary medicine, not including outside treatment pens or outside boarding.
Antique shop. An establishment offering for sale articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.
Apartment. A room or a suite of rooms within an apartment house arranged, intended, or designed for a place of residence of a single family, individual, or a group of individuals.
Apartment house. Same as Dwelling, multifamily.
Apparel alteration and repair shop. An establishment offering alteration and repair of clothing apparel to the public.
Appliance repair, household. A shop specializing in the repair of household appliances, including televisions, radios and other small electronic devices.
Art gallery. An establishment offering for viewing and sale works of art to the general public.
Asphalt or concrete batching plant (permanent). A permanent installation of facilities and materials required to manufacture hot mix asphaltic concrete or Portland cement concrete.
Asphalt or concrete batching plant (temporary). A temporary installation of facilities and materials required to manufacture hot mix asphaltic concrete or Portland cement concrete. See section 115-63, Supplemental regulations.
Assembly hall. A building and grounds owned and operated by a public or private nonprofit organization which serves as a meeting facility for groups, and may provide social, educational, recreational, and developmental training programs.
Assembly plant. A facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.
Auto, auction. An enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.
Auto, carwash. A facility or area for the cleaning or steam cleaning, washing, polishing, or waxing of passenger vehicles by machine or hand-operated facilities. A car wash may be:
(1)
A single unit type that has a single bay or a group of single bays with each bay to accommodate one vehicle only; or
(2)
A tunnel type that allows washing multiple vehicles in a tandem arrangement while moving through the structure.
Auto, gasoline or motor fuel sales with or without a convenience store. A facility or area designed for the retail sale of motor vehicle fuel dispensed from pumps with or without a convenience store offering for sale prepackaged food products, household items and other goods commonly associated with the same are sold.
Auto, impound lot/wrecker business. An accessory use where vehicles owned by someone other than the property owner are temporarily stored.
Auto, paint and body shop. An automobile related use where vehicles are repainted, the exterior repaired and replaced, frames straightened, damaged panels repaired and replaced, and window glass is repaired and replaced.
Auto, parts and accessory stores. An automotive store with the primary purpose of selling new auto parts and accessories for automobiles, trucks, and vans.
Auto, rental (car and truck). Establishments primarily engaged in the short-term rental or extended-term leasing of automobiles and trucks, not including truck tractors or semitrailers. No rental trucks shall be located in any multi-use shopping center.
Auto, repair garage. An enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage of vehicles if screened by the facility and located in the rear yard out of view from the public right-of-way. No repair or maintenance conducted outside of the garage on any vehicle including truck trailers and semitrailers. This definition includes any businesses that conducts automotive maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning.
Auto, sales, new (outdoor). A motor vehicle retail establishment operated by a franchised dealer. A "franchised dealer" means a person who holds a franchised motor vehicle dealer's license issued under the Texas Transportation Code, and is engaged in the business of buying, selling, or exchanging new motor vehicles and servicing or repairing motor vehicles under a manufacturer's warranty at an established and permanent place of business under a franchise in effect with a manufacturer or distributor. For purposes of this definition, motor vehicles are not considered outside storage. Accessory uses may include the sale of used motor vehicles, auto service, and auto repair activities, as defined elsewhere in this Code.
Auto service station/convenience store. Reserved.
Auto service station/light maintenance. Reserved.
Auto, service station/restaurant. Any premises where gasoline and other petroleum products are sold as a principal use and in connection with the primary use, and a secondary use of a restaurant is provided.
Aviation field. An area improved for the landing or takeoff of aircraft, approved by the Federal Aviation Administration for operation as an airport.
Bakery or industrial confectionery. A facility which primarily produces large quantities of baked goods for distribution off of the premises.
Bakery or wholesale candy. A manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.
Bank, savings and loan association, financial institution. A building or premise offering banking, savings and loan, and other financial services. (Not including pawnshops as herein defined.)
Bar, tavern, or nightclub. Any establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where the sale of food for consumption on the premises is secondary. In addition, a dance floor or entertainment may be provided. (Does not include sexually oriented businesses.)
Beauty/barber or other personal shop. An establishment which provides personal services including haircuts, perms, color treatments, manicures, pedicures and other personal beauty services.
Bed and breakfast (nonresidential district). A tourist lodging service within the rooms of a dwelling located on a property served by a single utility meter and single water meter and wastewater service, occupied by a resident manager and located in a district zoned other than residential.
Bed and breakfast (residential district). A tourist lodging service within the rooms of a single-family residence occupied by the owner or resident manager and located on a property served by a single utility meter and single water and wastewater service within a residential district of the city.
Boardinghouse or lodginghouse. A building other than a hotel, motel, or other establishment that offers short-term accommodations for transients, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements.
Brick kiln or tile plant. A manufacturing facility for making brick or tile products, with product and raw material storage.
Building materials manufacturing. A facility for the production of building materials which include fiberglass, wallboard, shingles, etc.
Building materials sales. A distribution and sales center for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.
Bus station, terminal. A facility for regularly scheduled bus services with passenger lounge and ticketing services.
Cabinet and upholstery shop. A shop for the assembly of cabinetry for domestic use and furniture repairing and upholstery.
Caretaker's or guard's residence. A residence located on a premises with a main nonresidential or residential use occupied only by an employee of the principal use. Manufactured or industrialized homes are not permitted for this use.
Carpet cleaning establishment. An establishment which provides commercial cleaning of carpeting and/or rugs as a retail service. Such service shall be performed in a consumer's home or place of business.
Cement or hydrated lime plant. A manufacturing facility and process for making cement, hydrated lime, and byproducts including storage of products and raw materials.
Cemetery or mausoleum. An area or structure designed to contain the remains of humans or animals for permanent interment.
Chemical laboratory. A facility for the on-site manufacturing processes used in chemical and associated laboratory manufacturing.
Clinic. Offices for one or more physicians, surgeons, chiropractors, or dentists engaged in the treatment of the sick or injured, but not including rooms for the abiding of patients.
Clothing store, retail/secondhand/thrift. An establishment which is engaged in retail sales of used clothing and associated materials, goods, and merchandise.
Community center. A place or facility dedicated to social or recreational activities, serving the city or a neighborhood thereof and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, or general welfare of the city.
Contractor, electrical/mechanical/plumbing (no outside storage). A business whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which may also have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage is permitted.
Contractor, electrical/mechanical/plumbing (outside storage permitted). A business whose primary use provides a service by installing electrical, mechanical, or plumbing systems which may also have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. Outside storage permitted.
Contractor's storage or equipment yard. An area located on the same lot or separate lot, used for outside storage of construction equipment, including vehicles and construction material.
Copy shop. A small commercial printing shop which sells on-site most of the items printed along with associated items.
Correctional facilities (including pre-parole centers). A facility housing those who have been involved in the criminal justice system or related program and serving an adjudicated sentence, but not housing individuals convicted of violent or sexual crimes.
Dance hall. An establishment offering a dance floor and entertainment for the general public. (Does not include sexually oriented businesses.)
Day care center, adult. A facility that provides services under an adult day-care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.
Day care center, child. A child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
Day care, in the home. A private residence that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.
Department store. A store offering a variety of comparison and consumptive goods, including lawn and garden products, at a retail price to the general public.
Dwelling, assisted living facility. A facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the state as "supervised living."
Dwelling, caretaker/guard residence. A residential use located within the building or structure of a nonresidential use where quarters are occupied by an owner or employee of a business occupying some or all of the remainder of the building or structure where living facilities are distinctly separate from and secondary to the nonresidential structure or use.
Dwelling, four-family. A detached residential building containing four dwelling units.
Dwelling, HUD-code manufactured home. 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. The term does not include a recreational vehicle as defined by 24 CFR 3282.8(g).
Dwelling, industrialized housing. A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent site and are erected or installed on a permanent foundation system. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems. The term shall not mean nor apply to:
(1)
Housing constructed of sectional or panelized systems not utilizing modular components; or
(2)
Any ready-made home which is constructed so that the entire living area is contained in a single unit or section as a temporary location for the purpose of selling it and moving it to another location.
Dwelling, mobile home. A structure that was constructed before June 5, 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.
Dwelling, multifamily. A residential building containing five or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.
Dwelling, single-family. A detached residential building, not including a mobile home or a HUD-code manufactured home, which contains not more than one dwelling unit.
Dwelling, three-family. A detached residential building containing three dwelling units.
Dwelling, two-family. A detached residential building containing two dwelling units.
Electrical generating station. A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.
Electrical substation. A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.
Electrical transmission line. A high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.
Electronics manufacturing. A facility for the production of printed circuit boards, microchips and other electronic parts which may be assembled on-site into end products such as computers, televisions, radios and communication equipment.
Equipment, tool rental. An establishment that provides equipment and tools for rent by the general public to be used off-site. All storage of rental equipment and tools shall be contained within the limits of the primary structure.
Farm, truck garden, orchard, or nursery. A parcel of land used for the growing or raising of plants, shrubs, and trees and other agricultural products, including related structures thereon provided no sales office is maintained on the premises, and provided that no obnoxious fertilizer is stored upon the premises, and that no obnoxious soil or fertilizer processing is conducted thereon.
Frozen food locker/ice locker. A facility for the storage of frozen food or ice for retail sale for individual or family use, not including food processing, except for cutting or wrapping.
Funeral home/mortuary.
(1)
A building or part thereof used for human funeral services. Such building may contain space and facilities for:
a.
Cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial;
b.
The performance of autopsies and other surgical procedures;
c.
The storage of caskets, funeral urns, and other related funeral supplies; and
d.
The storage of funeral vehicles.
(2)
Where a funeral home is permitted, a funeral chapel shall also be permitted.
Furniture or appliance store. A retail establishment offering home furnishings and appliances, including televisions, radios, and other electronic devices, for sale to the general public.
Garage, parking. A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
Garage, private. A building for parking only of motor vehicles belonging to the occupant of the same premises, having an entrance door at least 16 feet in width and opening onto a paved or surfaced area used primarily as a driveway for motor vehicles.
Garage, public. A building other than a private or parking garage, used for the care or repair of self-propelled vehicles or where such vehicles are kept for remuneration, hire or sale.
Golf course, driving range. An establishment offering areas for driving of golf balls, including "pitch and putt" facilities.
Golf course, miniature. An establishment offering facilities for miniature golf.
Golf course, private. Rounds and facilities used in the playing of the game golf, for use by private membership on a site containing a total area of not less than 40 acres.
Golf course, public. Grounds and facilities used in the playing of the game golf, privately owned but open to the public for a fee and operated as a commercial venture.
Greenhouse or plant nursery. An establishment operated for commercial purposes, offering plants grown on-premises and off-premises and associated products for sale for use in connection with home gardening activities.
Grocery store. Retail grocery stores, commonly known as supermarkets, food stores, and grocery stores, primarily engaged in the retail sale of all sorts of canned foods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry.
Group home for the disabled (see also family). A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, a person is disabled if the person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:
(1)
An orthopedic, visual, speech, or hearing impairment;
(2)
Alzheimer's disease;
(3)
Pre-senile dementia;
(4)
Cerebral palsy;
(5)
Epilepsy;
(6)
Muscular dystrophy;
(7)
Multiple sclerosis;
(8)
Cancer;
(9)
Heart disease;
(10)
Diabetes;
(11)
Mental retardation;
(12)
Autism; or
(13)
Emotional illness.
Gymnasium. A building or room used for physical education and sports, which may be equipped with gymnastics or other sports-related equipment and which may have seating in which spectators may view sports activities.
Halfway house. A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the local, state, or federal department of corrections, but not including individuals convicted of violent or sexual crimes.
Health club/recreation facility. An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health or recreational), reducing salons and weight control establishment.
Health service facilities (outpatient). Clinics, offices, dentist, doctors and/or other practitioners of the healing arts licensed or similarly recognized under the laws of the state. Also including offices for specialists in supportive health services such as physical, audio, and speech therapy, podiatry, and psychological testing and counseling, dental, medical, and optical labs, and blood banks.
Heliport. A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.
Helistop. A landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.
Hobby shop. An establishment providing retail sales of items commonly associated with hobbies, including display area for hobbies.
Hobby studio, private. An accessory activity area, used by the occupants of the premises purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.
Home occupation. An occupation conducted in a dwelling unit or accessory building, provided that it is clearly "transparent" to the neighborhood and meets all of the requirements as defined in section 115-85(b), Conditions and special regulations for listed uses.
Hotel, apartment. A multifamily dwelling which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
Hotel/motel. One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services; "hotel" includes a tourist hotel, a motor hotel, and a motel, but does not include an apartment hotel.
Junkyard/vehicle salvage yard. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, selling, trading, or other disposition of wrecked, scrapped, ruined, dismantled, or partially dismantled motor vehicles or motor vehicle parts, or any establishment or place of business maintained, used, or operated for the storing, keeping, buying, selling, trading, or other disposition of junk. The operation of junkyards shall be governed by the general rules and regulations applicable to junkyard and vehicle salvage yard operations within the city.
Kennel. Any lot or premises on which four or more dogs, cats, or other domestic animals, at least four months of age, are housed or accepted for boarding, trimming, grooming, or bathing for which remuneration is received.
Laboratory, medical and/or dental. A facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.
Laundry/cleaners, full-service. A retail establishment providing full-service laundry and dry cleaning services to the general public.
Laundry/cleaners, self-service. A retail establishment providing facilities for customers to launder or dry clean wearing apparel or other materials.
Laundry cleaning plant, commercial. A commercial laundry or cleaning plant doing cleaning or laundry for off-premises service outlets and retail establishments.
Library. Buildings and structures open for the general public, for which a fee may or may not be charged for the use of book collections.
Liquor store (packaged) is an establishment licensed by the State where the primary purpose, based on floor area, is the sale of packaged alcoholic liquor directly to the consumer for consumption off the premises. This use does not include retail sales, tavern/bar, or restaurant.
Lithography or print shop. A large commercial printing shop with multiple presses and capabilities offering duplicating services including blueprinting and photostating.
Lodge, fraternity, sorority and clubs. An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.
Lumber yard. An establishment for the sales, storage and distribution of pre-cut lumber and associated materials used in the building trade.
Machinery sales or repair (heavy). A facility for the storage, repair, outside sales or rental of heavy machinery or equipment.
Manufactured home park. An area designated, arranged or used for the parking or storing of one or more HUD-code manufactured homes which are occupied or intended for occupancy as temporary living quarters by individuals or families.
Manufacturing facility (heavy). A facility that utilizes raw material to forge, cast, mix, or otherwise create material used to build or assemble final products; may include the assembly and storage of integral components or the completed final product.
Manufacturing facility (light). A facility used for subassembly, or assembly of subassemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other hazards.
Massage establishment. A place of business that advertises or offers massage therapy or other massage services. The term includes a place of business that advertises or offers any service described by a derivation of the terms "massage therapy" or "other massage services."
Massage services. Massage therapy or other massage services.
(1)
"Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."
(2)
"Other massage services" includes any services offered or performed for compensation at a massage establishment that involve physical contact with a client, and may include the use of oil, lubricant, salt glow, a heat lamp, a hot and cold pack, or a tub, shower, Jacuzzi, sauna, steam, or cabinet bath.
Medical care facility, hospital. An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors.
Medical care facility, nursing and care homes. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.
Medical equipment sales, rental, and leasing services. An establishment including offices, stores, and display rooms for the display, sale, rental and leasing of medical equipment.
Mini-warehouse facility. A building or group of buildings in a controlled-access and fenced compound consisting of varying sizes of individual, compartmentalized, controlled-access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.
Mobile food vendor court. A primary land use located on one or more platted lots where two or more mobile food vendor units are located to offer food or beverages for sale to the public, functioning as a single business and authorized to provide, tables, play areas, a permanent structure for alcohol sales, and other outdoor entertainment open to all customers of all vendors.
Museum, fine arts center, or art gallery. An institution for the collection, display, and distribution of objects of art or science and which is sponsored by or owned and operated by the city, a public or quasi-public agency and which facility is open to the general public.
Office, business. Any office in which chattels or goods, wares or merchandise are not commercially displayed, created, sold or exchanged.
Office, professional. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations, including, but not limited to: insurance broker, public stenographers, real estate broker, stockbroker, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.
Office, real estate development tract or field office. A temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.
Oil field service business. An establishment offering sales, maintenance, and outside storage of oil field business equipment including rigs, machinery, servicing vehicles, pipe, drill stem, and devices used on or attached to oil wells.
Park, public. Any public or private land available for recreational, educational, cultural, or aesthetic use.
Pawnshop. A shop specializing in making small loans against personal property or buying used personal goods from individuals.
Payday loan business. Any business which provides loans typically known as "payday loans," "payday advances," or "deferred deposit loans" in which a cash advance in whole or part is made in exchange for a personal check or authorization to debit a deposit account; the amount of the check or authorized debit equals the amount of the advance plus a fee, and the person making the advance agrees that the check will not be cashed or deposited or the authorized debit will not be made until a designated future date.
Person. Every natural person, firm, partnership, association, corporation, or society. The term "person" shall include both the singular and plural, and the masculine shall include the feminine gender.
Pet shop. A shop offering small animals for sale, with associated goods and services.
Pharmaceutical plant. A facility for the production of drugs for medicine.
Pharmacy. An establishment offering prescription and over-the-counter pharmaceuticals and other associated products for sale to the public.
Photographic print shop. An establishment engaged in film editing, developing, and processing of photographs. May also provide for retail sale of cameras, film, and other photographic supplies and equipment to the general public.
Plastic products manufacturing. A facility for the production of molded products constructed out of plastic, fiberglass or other composite material.
Printing/publishing plant. An establishment offering reproduction services for the production of books, magazines, newspapers, and other published materials.
Private club. An association of members meeting regularly for their mutual benefit or for the promotion of some common purpose supported jointly through payment of membership dues, and regulated by the Texas Alcoholic Beverage Code in such instances where alcoholic beverages are sold to members.
Public safety facility, fire and police. A facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations and training facilities.
Radio, television, microwave broadcast, relay or receiving towers, transmission or retransmission facilities. Structures supporting antennae and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.
Radio, television studio. A facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or prerecorded materials for any part of the radio spectrum for commercial consumption.
Recreational vehicle storage (commercial). A facility or location, which upon payment of a fee, provides for the parking and storage of recreational vehicles.
Recycling collection center. A building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those materials to manufacture new products.
Recycling plant. A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books and other paper products, glass, metal cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
Rehabilitation care facility (criminal-psychiatric, mental disorders and substance abuse). A facility whose primary purpose is to provide residence and/or outpatient care, with supervisory personnel, to persons regardless of legal relationship, who have been involved in the criminal justice system or related program including parole or probation as authorized by the criminal justice system, and have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct.
Rehabilitation care facility (psychiatric and mental disorders). A facility which provides residence and/or outpatient care, with supervisory personnel, to persons regardless of legal relationship, who have demonstrated a tendency toward mental illness.
Rehabilitation care facility (substance abuse). A facility which provides residence and/or outpatient care, with supervisory personnel to persons regardless of legal relationship who have demonstrated a tendency toward alcoholism and/or drug abuse.
Religious institution. Churches and facilities for related activities including those of worship, fellowship and education that people regularly attend. A religious institution which, for a fee, provides day care and/or child care must seek a specific use permit; however, a religious institution which provides day care and/or child care services to its members during religious services without charge or fee is permitted within each designated zoning district permitting the particular religious institution.
Rental store (no outside storage). An establishment that provides equipment and goods for rent by the general public to be used off-site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.
Rental yard (commercial and heavy equipment). An establishment that provides heavy equipment for rent to contractors or the general public to be used off-site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.
Rental yard (domestic goods with outside storage). An establishment that provides domestic equipment and goods for rent to the general public to be used off-site. The storage of rental equipment or goods may occur either within the limits of the primary structure or displayed and stored on an improved surface outside the primary structure, not to include backhoes, front end loaders and tractors.
Repair shop (bicycle and small appliance). A shop specializing in the repair of household appliances and/or bicycles.
Restaurant (drive-in/drive-thru). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
Restaurant (including cafe, lunch room, tea room). A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
Restaurant, refreshment stand (temporary or seasonal). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building on a temporary or seasonal basis.
Restaurant with alcohol. A business establishment whose principal business is the selling of unpackaged food and alcoholic beverages for on-premises consumption, to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
Retail, retail store or retail activities. An establishment engaged in selling goods or merchandise to the general public in small quantities for personal or household consumption and the rendition of services incidental to the sale of such goods.
Rodeo grounds/fairground. An outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.
School. A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.
School, business college. A facility that provides a curriculum limited to the teaching of office and business practices and skills.
School, college or university. An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study leading to a recognized degree or advanced degree, including junior and senior colleges, universities, conservatories and seminaries.
School, commercial trade. A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.
School, home. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the housekeeping activities of a family.
School, home day. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than six unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given time.
School, institution, rehabilitation and training center (private). A facility that provides rehabilitation and training operated or sponsored by chartered educational, religious or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.
Servants' quarters. A dwelling unit located on the same lot or grounds as the main building, and used by servants employed on the premises and not rented or otherwise used as a separate domicile, and serviced through the same utility meters or connections as the principal use to which it is an accessory.
Shoe repair. An establishment offering shoe repair service to the general public.
Smoke shop. A retail outlet specializing in the selling of electronic or nonelectronic cigarette products, also known as a vape shop, which allows for on-site delivery of tobacco, tobacco accessories, electronic vaping devices and similar products to the customer.
Smoke room or lounge. A room which is specifically provided and furnished for onsite smoking, either electronic or nonelectronic cigarette products. This definition shall include establishments known as hookah bars/lounges, tobacco bars, and similar establishments.
Specialty and novelty establishment. An establishment which provides any or all of the following:
(1)
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in V.T.C.A., Health and Safety Code ch. 481.
(2)
Kits used, intended for use or designed for use in manufacturing, converting, producing, processing, or preparing controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(3)
Isomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(4)
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances, as the term "controlled substance," is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(5)
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(6)
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(7)
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
(8)
Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(9)
Capsules, balloons, envelopes, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(10)
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(11)
Hypodermic syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(12)
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f.
Miniature cocaine spoons and cocaine vials;
g.
Chamber pipes;
h.
Electric pipes;
i.
Air-driven pipes;
j.
Chillums;
k.
Bongs;
l.
Ice pipes or chillers.
(13)
Wearing apparel containing obscene pictures or words; such apparel being t-shirts, belt buckles, jewelry or any other wearing apparel.
(14)
Salves, ointments, gels, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus.
(15)
Magazines, books, records, cassettes, pictures, drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption.
(16)
Incense.
Stable, private. A building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale; for not more than one horse or mule for each 36,000 square feet of lot area.
Stable, riding. A building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire including a riding track.
Stockyard. An area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.
Studio. A facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, dance, but not including commercial gymnasium or dance hall.
Swimming pool, commercial. A swimming pool accessory facility, 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.
Swimming pool, private residential. A swimming pool accessory facility constructed for the exclusive use of the proprietor, when located in other than the minimum front yard, subject to the regulations of section 115-85(b), Conditions and regulations for listed uses.
Tattoo parlor. An establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin. Not including establishments that provide permanent cosmetic make-up application.
Telephone exchange, switching or relay facility. A facility for the exchange, switching, relaying, or transmission of telephone services. Not including public business facilities, storage, or repair facilities.
Theater, indoor motion picture. An establishment offering motion pictures for viewing by the public.
Trailer, manufactured or industrialized home sales or rental. An area devoted to outside sales or rental of travel trailers, HUD-code manufactured homes, or industrialized housing. Rental for off-premises use only.
Trailer park for travel trailers. A lot of land upon which two or more travel trailers or recreational vehicle sites are located, established, or maintained for occupancy by travel trailers or recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
Travel bureau or consultant. An office that serves as a broker for airlines, trains or other transportation and lodging organizations and provides these services to the patron.
Utility buildings and structures. Power substations, water tanks or reservoirs, water or sewage treatment plant, including supportive structures such as pump and lift stations.
Veterinarian hospital (with outside pens). The office and clinic of a doctor of veterinary medicine, including outside treatment pens, and the boarding of animals on a temporary basis.
Veterinarian hospital (without outside pens). The office and clinic of a doctor of veterinary medicine for small domestic animal practice, which may include facilities for the temporary treatment or boarding of small animals but does not include outside treatment pens.
Veterinarian office only. The offices of a doctor of veterinary medicine with limited on-site treatment of small domestic animals.
Video/game rental store. A commercial establishment that provides as a service a library of video movies and video games which may be rented on a short-term basis and returned for reuse.
Warehouse showroom with retail sales. A sales and office facility for a product that by nature of the bulk dimensions of the product requires a larger than normal storage area ratio of sales to office area to maintain a normal operating product inventory. All activities and storage shall be totally within an enclosed building, and no manufacturing, fabrication, or assembly operation shall be conducted in any part of the unit except for articles to be sold at retail on the premises.
Warehousing and freight offices and storage. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
Watch and/or jewelry sales and repair. An establishment offering repair services for jewelry, watches and other similar items.
Welding or machine shop. A facility for the machining or welding of metals, not including forging.
Wholesale club with membership sales. An establishment engaged in the warehousing, storage, and wholesaling of a general line of goods, which sells memberships in order for consumers to purchase items at wholesale prices.
(Code 2001, § 14.106; Code 2010, § 14.01.006; Ord. No. 1565, § I, 7-28-2014; Ord. No. 1599, §§ I, II(Exh. A), 8-17-2015; Ord. No. 1600, § I(Exh. A), 8-17-2015; Ord. No. 1648, § I(Exh. A), 10-16-2017; Ord. No. 2021-046, § II, 10-11-2021; Ord. No. 2023-009, § II, 5-8-2023)
- IN GENERAL
This chapter shall be known and may be cited as the "Zoning Chapter of the City of Watauga, Texas."
(Code 2001, § 14.101; Code 2010, § 14.01.001)
For the purpose of this chapter, certain terms and words are herewith defined as follows: Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "structure" includes the word "building"; the word "shall" is mandatory, and not directory. The words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied." The word "lot" includes the words "plot," "parcel," or "tract" as used in their common meanings. Technical words not defined herein shall have meanings ascribed to them by definition of such words in the building code of the city unless other meanings are clear from their context of use.
(Code 2001, § 14.104; Code 2010, § 14.01.004)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building means a subordinate building located on the same lot as a principal building, the activity of which is clearly integral with or incidental to the permitted use of the principal building. The term "accessory" shall have the same meaning as accessory use. The term "subordinate" shall mean that the use or building shall comprise 20 percent or less of the area, extent, or purpose of the principal use of the property.
Accessory use means any use of the building or premises which exists in conjunction with and which is customarily incidental to the permitted principal use, provided that such use shall not be hazardous to or impair the use or enjoyment of nearby property by reason of noise, odors, dust, or other pollutants.
Alley means a public right-of-way which affords only a secondary means of access to abutting property.
Antenna facility. See section 115-116, Antenna facilities.
Basement means a building story which is partly underground but may have up to one-half of the basement height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.
Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where platting is incomplete or disconnected, the building official shall determine the outline of the block.
Board means the board of adjustment of the city.
Buildable area means the portion of a lot remaining after required yards have been provided.
Building means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels.
Building, height of, means the vertical distance measured at a point five feet from the midpoint of the structure on the wall having the greatest fall in grade:
(1)
To the highest point of the roof surface, if a flat roof;
(2)
To the deck line of a mansard roof; or
(3)
To the mean height level between eaves and ridge for a gable, hip, or gambrel roof;
provided, however, that where buildings are set on the street right-of-way line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.
Business means and includes service, retail, commercial, industrial, and manufacturing uses and districts as defined in section 115-85, Permitted use table.
Commission means the planning and zoning commission of the city.
Council means the city council.
Court means an open unoccupied space bounded on three or more sides by the walls of a building.
Curb level means the elevation of the established curb in front of a building measured at the center of such front.
Dwelling, attached, means a separate building containing only one dwelling unit which building is connected to, but is structurally independent of any other building.
Dwelling, detached, means a building containing a dwelling unit and not connected to any other building containing a dwelling unit.
Dwelling unit means one or more rooms connected together but structurally divided from all other rooms in the same structure and constituting a separate, independent housekeeping unit for permanent residential occupancy by one family, with all necessary facilities contained therein for sleeping, eating, cooking, and sanitation.
Easement means the right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
Family means:
(1)
One or more persons occupying a single dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.
(2)
Notwithstanding subsection (1) of this definition, a family shall be deemed to include five or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in subsection (1) of this definition.
Fence means a structure, other than a building, which is a barrier and used as a boundary or means for protection or confinement.
Floor space per dwelling unit means the total number of square feet of habitable floor space contained within a dwelling unit exclusive of porches, breezeways, carports, garages, and storage areas not directly accessible from within the dwelling unit.
Frontage means all the property abutting on one side of the street between two intersecting streets, measured along the street line.
Grade means the average of the finished ground level at the center of all walls of a building. In the case that walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
Gross leasable area means the total floor area of a building which is designed for tenant occupancy and exclusive use, including basements and mezzanines, and measured to centerlines of joint partitions and to outside of exterior walls; the term does not include auditorium or theater space within such building.
Height of building means the vertical distance of a building measured five feet from the average natural front yard ground level to:
(1)
The highest point of a roof's surface;
(2)
The deck line of mansard roofs; or
(3)
The mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height.
Interpretation means a determination of the meaning of zoning regulations or their application, or a determination of the location of zoning district boundaries.
Junk means any scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, scrap zinc, and all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tin foil, used bottles, used paper, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile, truck or airplane tires and other used manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition.
Landscaping planting means a combination of live plant material. Landscape planting shall not include the use of smooth concrete or asphalt, except when used as a minor portion of the total area and in conjunction with the overall design.
Lot means a parcel of land surveyed or apportioned for sale or other purposes, as shown on a plat of a recorded subdivision of which it is a part, or any tract of land the use of which is controlled or managed by any person or group of persons under a unified and specific plan.
Lot, corner, means a lot abutting two or more streets at their intersection.
Lot coverage means the percentage of the total area of the lot, excluding streets, alleys, and dedicated drainage ways, covered by all buildings located thereon.
Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, from which yards shall be provided as indicated under the definition for "yard" in this section.
Lot, interior, means a lot whose side lines do not abut upon any street.
Lot line, front, means the boundary between a lot and the street on which it fronts.
Lot line, rear, means the boundary line which is opposite and most distant from the front street line. In cases of uncertainty, the building official shall determine the rear lot line.
Lot line, side, means lot boundary, not a front or rear line thereof.
Lot lines means the lines bounding a lot as defined herein.
Lot of record means a lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Lot, through, means an interior lot having frontage on two streets.
Lot types means the designation of lots according to "Figure 1, Lot Types," illustrating corner
lots, interior lots, reversed frontage lots and through lots.
Figure 1 Lot Types
LEGEND
Lot width means the distance between the straight lines, measured at the front setback line, connecting front and rear lot, lines at each side of the lot, measured across the rear of the minimum front yard.
Nonconforming lot means a parcel, site, or tract of land which does not meet the minimum lot regulations for the district in which it is located, which lot was legally created prior to the effective date of the applicable zoning regulations.
Nonconforming structure means a building, wall, fence, tower, sign, or other similarly created object which does not meet the type, size, height, or location limitations of the district in which it is located, which structure was legally existing prior to the effective date of the applicable zoning regulations.
Nonconforming use means a use of land or structure which is not authorized in the district in which such use or activity is conducted, which use was legally existing or in operation under other laws of the state or codes of the city prior to the effective date of the applicable zoning regulations.
Parking space, off-street, means an area adequate for parking an automobile with room for opening doors on both sides, together with maneuvering room and with properly related access to a public street or alley.
Planned development or PD means a development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces and other site features and improvements.
Portable means a structure that is mounted on wheels or skids and can be moved as a unit without disassembly for transportation.
Portable storage container means any portable box-like container transported by truck or trailer to a location for drop off.
Premises means any combination of lots or parcels of land which combined together constitute a single building site.
Recreational vehicles, major, means boats, trailers, boat trailers, travel trailers, pickup campers, motor homes or coaches (designed to be mounted on automotive vehicles or chassis, but excluding pickup shells, utility trailers, and the like, and cases or boxes used for transporting major recreational vehicles, whether occupied by such vehicles or not).
Retaining wall means a structure, other than a building, which is constructed as a barrier and used as a means of retaining areas of different grades.
Right-of-way means the same as in V.T.C.A., Local Government Code § 283.002(6), the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
Screening means a device or material used to conceal one element of a development from other elements or from adjacent or contiguous development. Screening may include one or a combination of walls, fences, beams or plantings of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition.
Special exception means a privileged use or development of property which would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, size, location, or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare of the community.
Story means that part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof.
Street means a public or private right-of-way which affords the principal means of access to abutting property.
Street line means the dividing line between the street and the abutting property, normally to the lot property line.
Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
Temporary and portable accessory type building means a detached building or structure without any foundation or footing and which is intended to be removed at some point in the future and is located upon the same lot as the principal building or structure to which it is related, which is incidental to and customarily found in connection with such principal building or structure.
Tenant means a person who does not own a building but to whom the landlord grants temporary use of part of the building, usually in exchange for the payment of rent (although, in some situations, no compensation may be exchanged).
Travel trailer means a vehicular, portable structure built on a chassis designed to be used as a temporary living facility for travel and recreational purposes, having a body width not exceeding eight feet in the transporting mode.
Variance means a privileged relaxation of the development controls provisions of this chapter where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship and would prevent the substantial enjoyment of property rights as shared by nearby properties which conform to the development controls.
Wall means a barrier composed of native stone, brick, precast concrete panels with decorative finish or decorative masonry unit.
Yard means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level and of the graded lot upward; provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, roof overhangs, bay windows and chimneys not exceeding 36 inches, may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a public street.
Yard, rear, means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
Yard, side, means a yard extending from the rear line of the required front yard to the rear lot line, or, in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required.
Yard, special, means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies.
Zoning official means the person designated to administer and enforce the regulations of this chapter.
(Code 2001, § 14.105; Code 2010, § 14.01.005; Ord. No. 1476, 10-24-2011; Ord. No. 1712, § I, 6-10-2019)
In their interpretation and applications, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, and the general welfare of the city. They have been designed, among other things, to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to provide adequate light and pure air, to avoid undue concentration of population, and to facilitate adequate provisions for transportation, water, sewerage, schools, parking areas, and other public requirements.
(Code 2001, § 14.102; Code 2010, § 14.01.002)
It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except as the same may be specifically repealed by the terms of this chapter, or with private restrictions placed upon property by covenant, deed, easement, or other private agreement. Where this chapter imposes a greater restriction upon land, buildings, or structures than is imposed or required by other laws, ordinances, covenants, or agreements, the provisions of this chapter shall govern.
(Code 2001, § 14.103; Code 2010, § 14.01.003)
The following uses are permitted as provided in this chapter:
Accessory building (business). In a commercial district, a subordinate building attached or detached, and used for a purpose customarily incidental to the main structure.
Accessory building (industrial). In an industrial district, a subordinate building attached or detached, and used for a purpose customarily incidental to the main structure.
Accessory building (residential). In a residential district, a subordinate building attached or detached and used for a purpose customarily incidental to the main structure, located on the same lot, such as a private garage for automobile storage, tool house, greenhouse, hobby shop (no business), home workshop, children's play house, storage house, garden shelter, but not involving the conduct of a business.
Amusement center, indoor. A facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin-operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffleboard, darts, and batting cages. Any combination of these games may be used in the facility. However, the combination of any four coin-operated game machines shall constitute an amusement center.
Amusement center, outdoor. Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.
Amusement center, teen club. A nightclub which caters primarily to patrons who are minors and in which no alcoholic beverages are sold or permitted and all activities occur indoors.
Amusement center (with alcohol). A facility which includes bowling alleys, pool halls, billiard halls or arcades, that provides entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place indoors or outdoors and which permits alcoholic beverages to be sold, served, or consumed on-site.
Amusement park. An amusement enterprise offering rides such as roller coasters and games to the general public for a fee or charge wherein the majority of the activity takes place in the open.
Animal grooming. An establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.
Animal hospitals and clinics (for the care and temporary boarding of domestic household pets). The office and clinic of a doctor of veterinary medicine, not including outside treatment pens or outside boarding.
Antique shop. An establishment offering for sale articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.
Apartment. A room or a suite of rooms within an apartment house arranged, intended, or designed for a place of residence of a single family, individual, or a group of individuals.
Apartment house. Same as Dwelling, multifamily.
Apparel alteration and repair shop. An establishment offering alteration and repair of clothing apparel to the public.
Appliance repair, household. A shop specializing in the repair of household appliances, including televisions, radios and other small electronic devices.
Art gallery. An establishment offering for viewing and sale works of art to the general public.
Asphalt or concrete batching plant (permanent). A permanent installation of facilities and materials required to manufacture hot mix asphaltic concrete or Portland cement concrete.
Asphalt or concrete batching plant (temporary). A temporary installation of facilities and materials required to manufacture hot mix asphaltic concrete or Portland cement concrete. See section 115-63, Supplemental regulations.
Assembly hall. A building and grounds owned and operated by a public or private nonprofit organization which serves as a meeting facility for groups, and may provide social, educational, recreational, and developmental training programs.
Assembly plant. A facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.
Auto, auction. An enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.
Auto, carwash. A facility or area for the cleaning or steam cleaning, washing, polishing, or waxing of passenger vehicles by machine or hand-operated facilities. A car wash may be:
(1)
A single unit type that has a single bay or a group of single bays with each bay to accommodate one vehicle only; or
(2)
A tunnel type that allows washing multiple vehicles in a tandem arrangement while moving through the structure.
Auto, gasoline or motor fuel sales with or without a convenience store. A facility or area designed for the retail sale of motor vehicle fuel dispensed from pumps with or without a convenience store offering for sale prepackaged food products, household items and other goods commonly associated with the same are sold.
Auto, impound lot/wrecker business. An accessory use where vehicles owned by someone other than the property owner are temporarily stored.
Auto, paint and body shop. An automobile related use where vehicles are repainted, the exterior repaired and replaced, frames straightened, damaged panels repaired and replaced, and window glass is repaired and replaced.
Auto, parts and accessory stores. An automotive store with the primary purpose of selling new auto parts and accessories for automobiles, trucks, and vans.
Auto, rental (car and truck). Establishments primarily engaged in the short-term rental or extended-term leasing of automobiles and trucks, not including truck tractors or semitrailers. No rental trucks shall be located in any multi-use shopping center.
Auto, repair garage. An enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage of vehicles if screened by the facility and located in the rear yard out of view from the public right-of-way. No repair or maintenance conducted outside of the garage on any vehicle including truck trailers and semitrailers. This definition includes any businesses that conducts automotive maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning.
Auto, sales, new (outdoor). A motor vehicle retail establishment operated by a franchised dealer. A "franchised dealer" means a person who holds a franchised motor vehicle dealer's license issued under the Texas Transportation Code, and is engaged in the business of buying, selling, or exchanging new motor vehicles and servicing or repairing motor vehicles under a manufacturer's warranty at an established and permanent place of business under a franchise in effect with a manufacturer or distributor. For purposes of this definition, motor vehicles are not considered outside storage. Accessory uses may include the sale of used motor vehicles, auto service, and auto repair activities, as defined elsewhere in this Code.
Auto service station/convenience store. Reserved.
Auto service station/light maintenance. Reserved.
Auto, service station/restaurant. Any premises where gasoline and other petroleum products are sold as a principal use and in connection with the primary use, and a secondary use of a restaurant is provided.
Aviation field. An area improved for the landing or takeoff of aircraft, approved by the Federal Aviation Administration for operation as an airport.
Bakery or industrial confectionery. A facility which primarily produces large quantities of baked goods for distribution off of the premises.
Bakery or wholesale candy. A manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.
Bank, savings and loan association, financial institution. A building or premise offering banking, savings and loan, and other financial services. (Not including pawnshops as herein defined.)
Bar, tavern, or nightclub. Any establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where the sale of food for consumption on the premises is secondary. In addition, a dance floor or entertainment may be provided. (Does not include sexually oriented businesses.)
Beauty/barber or other personal shop. An establishment which provides personal services including haircuts, perms, color treatments, manicures, pedicures and other personal beauty services.
Bed and breakfast (nonresidential district). A tourist lodging service within the rooms of a dwelling located on a property served by a single utility meter and single water meter and wastewater service, occupied by a resident manager and located in a district zoned other than residential.
Bed and breakfast (residential district). A tourist lodging service within the rooms of a single-family residence occupied by the owner or resident manager and located on a property served by a single utility meter and single water and wastewater service within a residential district of the city.
Boardinghouse or lodginghouse. A building other than a hotel, motel, or other establishment that offers short-term accommodations for transients, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements.
Brick kiln or tile plant. A manufacturing facility for making brick or tile products, with product and raw material storage.
Building materials manufacturing. A facility for the production of building materials which include fiberglass, wallboard, shingles, etc.
Building materials sales. A distribution and sales center for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.
Bus station, terminal. A facility for regularly scheduled bus services with passenger lounge and ticketing services.
Cabinet and upholstery shop. A shop for the assembly of cabinetry for domestic use and furniture repairing and upholstery.
Caretaker's or guard's residence. A residence located on a premises with a main nonresidential or residential use occupied only by an employee of the principal use. Manufactured or industrialized homes are not permitted for this use.
Carpet cleaning establishment. An establishment which provides commercial cleaning of carpeting and/or rugs as a retail service. Such service shall be performed in a consumer's home or place of business.
Cement or hydrated lime plant. A manufacturing facility and process for making cement, hydrated lime, and byproducts including storage of products and raw materials.
Cemetery or mausoleum. An area or structure designed to contain the remains of humans or animals for permanent interment.
Chemical laboratory. A facility for the on-site manufacturing processes used in chemical and associated laboratory manufacturing.
Clinic. Offices for one or more physicians, surgeons, chiropractors, or dentists engaged in the treatment of the sick or injured, but not including rooms for the abiding of patients.
Clothing store, retail/secondhand/thrift. An establishment which is engaged in retail sales of used clothing and associated materials, goods, and merchandise.
Community center. A place or facility dedicated to social or recreational activities, serving the city or a neighborhood thereof and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, or general welfare of the city.
Contractor, electrical/mechanical/plumbing (no outside storage). A business whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which may also have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage is permitted.
Contractor, electrical/mechanical/plumbing (outside storage permitted). A business whose primary use provides a service by installing electrical, mechanical, or plumbing systems which may also have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. Outside storage permitted.
Contractor's storage or equipment yard. An area located on the same lot or separate lot, used for outside storage of construction equipment, including vehicles and construction material.
Copy shop. A small commercial printing shop which sells on-site most of the items printed along with associated items.
Correctional facilities (including pre-parole centers). A facility housing those who have been involved in the criminal justice system or related program and serving an adjudicated sentence, but not housing individuals convicted of violent or sexual crimes.
Dance hall. An establishment offering a dance floor and entertainment for the general public. (Does not include sexually oriented businesses.)
Day care center, adult. A facility that provides services under an adult day-care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.
Day care center, child. A child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
Day care, in the home. A private residence that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.
Department store. A store offering a variety of comparison and consumptive goods, including lawn and garden products, at a retail price to the general public.
Dwelling, assisted living facility. A facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the state as "supervised living."
Dwelling, caretaker/guard residence. A residential use located within the building or structure of a nonresidential use where quarters are occupied by an owner or employee of a business occupying some or all of the remainder of the building or structure where living facilities are distinctly separate from and secondary to the nonresidential structure or use.
Dwelling, four-family. A detached residential building containing four dwelling units.
Dwelling, HUD-code manufactured home. 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. The term does not include a recreational vehicle as defined by 24 CFR 3282.8(g).
Dwelling, industrialized housing. A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent site and are erected or installed on a permanent foundation system. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems. The term shall not mean nor apply to:
(1)
Housing constructed of sectional or panelized systems not utilizing modular components; or
(2)
Any ready-made home which is constructed so that the entire living area is contained in a single unit or section as a temporary location for the purpose of selling it and moving it to another location.
Dwelling, mobile home. A structure that was constructed before June 5, 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.
Dwelling, multifamily. A residential building containing five or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.
Dwelling, single-family. A detached residential building, not including a mobile home or a HUD-code manufactured home, which contains not more than one dwelling unit.
Dwelling, three-family. A detached residential building containing three dwelling units.
Dwelling, two-family. A detached residential building containing two dwelling units.
Electrical generating station. A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.
Electrical substation. A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.
Electrical transmission line. A high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.
Electronics manufacturing. A facility for the production of printed circuit boards, microchips and other electronic parts which may be assembled on-site into end products such as computers, televisions, radios and communication equipment.
Equipment, tool rental. An establishment that provides equipment and tools for rent by the general public to be used off-site. All storage of rental equipment and tools shall be contained within the limits of the primary structure.
Farm, truck garden, orchard, or nursery. A parcel of land used for the growing or raising of plants, shrubs, and trees and other agricultural products, including related structures thereon provided no sales office is maintained on the premises, and provided that no obnoxious fertilizer is stored upon the premises, and that no obnoxious soil or fertilizer processing is conducted thereon.
Frozen food locker/ice locker. A facility for the storage of frozen food or ice for retail sale for individual or family use, not including food processing, except for cutting or wrapping.
Funeral home/mortuary.
(1)
A building or part thereof used for human funeral services. Such building may contain space and facilities for:
a.
Cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial;
b.
The performance of autopsies and other surgical procedures;
c.
The storage of caskets, funeral urns, and other related funeral supplies; and
d.
The storage of funeral vehicles.
(2)
Where a funeral home is permitted, a funeral chapel shall also be permitted.
Furniture or appliance store. A retail establishment offering home furnishings and appliances, including televisions, radios, and other electronic devices, for sale to the general public.
Garage, parking. A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
Garage, private. A building for parking only of motor vehicles belonging to the occupant of the same premises, having an entrance door at least 16 feet in width and opening onto a paved or surfaced area used primarily as a driveway for motor vehicles.
Garage, public. A building other than a private or parking garage, used for the care or repair of self-propelled vehicles or where such vehicles are kept for remuneration, hire or sale.
Golf course, driving range. An establishment offering areas for driving of golf balls, including "pitch and putt" facilities.
Golf course, miniature. An establishment offering facilities for miniature golf.
Golf course, private. Rounds and facilities used in the playing of the game golf, for use by private membership on a site containing a total area of not less than 40 acres.
Golf course, public. Grounds and facilities used in the playing of the game golf, privately owned but open to the public for a fee and operated as a commercial venture.
Greenhouse or plant nursery. An establishment operated for commercial purposes, offering plants grown on-premises and off-premises and associated products for sale for use in connection with home gardening activities.
Grocery store. Retail grocery stores, commonly known as supermarkets, food stores, and grocery stores, primarily engaged in the retail sale of all sorts of canned foods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish and poultry.
Group home for the disabled (see also family). A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, a person is disabled if the person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:
(1)
An orthopedic, visual, speech, or hearing impairment;
(2)
Alzheimer's disease;
(3)
Pre-senile dementia;
(4)
Cerebral palsy;
(5)
Epilepsy;
(6)
Muscular dystrophy;
(7)
Multiple sclerosis;
(8)
Cancer;
(9)
Heart disease;
(10)
Diabetes;
(11)
Mental retardation;
(12)
Autism; or
(13)
Emotional illness.
Gymnasium. A building or room used for physical education and sports, which may be equipped with gymnastics or other sports-related equipment and which may have seating in which spectators may view sports activities.
Halfway house. A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the local, state, or federal department of corrections, but not including individuals convicted of violent or sexual crimes.
Health club/recreation facility. An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health or recreational), reducing salons and weight control establishment.
Health service facilities (outpatient). Clinics, offices, dentist, doctors and/or other practitioners of the healing arts licensed or similarly recognized under the laws of the state. Also including offices for specialists in supportive health services such as physical, audio, and speech therapy, podiatry, and psychological testing and counseling, dental, medical, and optical labs, and blood banks.
Heliport. A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.
Helistop. A landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.
Hobby shop. An establishment providing retail sales of items commonly associated with hobbies, including display area for hobbies.
Hobby studio, private. An accessory activity area, used by the occupants of the premises purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.
Home occupation. An occupation conducted in a dwelling unit or accessory building, provided that it is clearly "transparent" to the neighborhood and meets all of the requirements as defined in section 115-85(b), Conditions and special regulations for listed uses.
Hotel, apartment. A multifamily dwelling which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
Hotel/motel. One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services; "hotel" includes a tourist hotel, a motor hotel, and a motel, but does not include an apartment hotel.
Junkyard/vehicle salvage yard. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, selling, trading, or other disposition of wrecked, scrapped, ruined, dismantled, or partially dismantled motor vehicles or motor vehicle parts, or any establishment or place of business maintained, used, or operated for the storing, keeping, buying, selling, trading, or other disposition of junk. The operation of junkyards shall be governed by the general rules and regulations applicable to junkyard and vehicle salvage yard operations within the city.
Kennel. Any lot or premises on which four or more dogs, cats, or other domestic animals, at least four months of age, are housed or accepted for boarding, trimming, grooming, or bathing for which remuneration is received.
Laboratory, medical and/or dental. A facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.
Laundry/cleaners, full-service. A retail establishment providing full-service laundry and dry cleaning services to the general public.
Laundry/cleaners, self-service. A retail establishment providing facilities for customers to launder or dry clean wearing apparel or other materials.
Laundry cleaning plant, commercial. A commercial laundry or cleaning plant doing cleaning or laundry for off-premises service outlets and retail establishments.
Library. Buildings and structures open for the general public, for which a fee may or may not be charged for the use of book collections.
Liquor store (packaged) is an establishment licensed by the State where the primary purpose, based on floor area, is the sale of packaged alcoholic liquor directly to the consumer for consumption off the premises. This use does not include retail sales, tavern/bar, or restaurant.
Lithography or print shop. A large commercial printing shop with multiple presses and capabilities offering duplicating services including blueprinting and photostating.
Lodge, fraternity, sorority and clubs. An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.
Lumber yard. An establishment for the sales, storage and distribution of pre-cut lumber and associated materials used in the building trade.
Machinery sales or repair (heavy). A facility for the storage, repair, outside sales or rental of heavy machinery or equipment.
Manufactured home park. An area designated, arranged or used for the parking or storing of one or more HUD-code manufactured homes which are occupied or intended for occupancy as temporary living quarters by individuals or families.
Manufacturing facility (heavy). A facility that utilizes raw material to forge, cast, mix, or otherwise create material used to build or assemble final products; may include the assembly and storage of integral components or the completed final product.
Manufacturing facility (light). A facility used for subassembly, or assembly of subassemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other hazards.
Massage establishment. A place of business that advertises or offers massage therapy or other massage services. The term includes a place of business that advertises or offers any service described by a derivation of the terms "massage therapy" or "other massage services."
Massage services. Massage therapy or other massage services.
(1)
"Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."
(2)
"Other massage services" includes any services offered or performed for compensation at a massage establishment that involve physical contact with a client, and may include the use of oil, lubricant, salt glow, a heat lamp, a hot and cold pack, or a tub, shower, Jacuzzi, sauna, steam, or cabinet bath.
Medical care facility, hospital. An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors.
Medical care facility, nursing and care homes. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.
Medical equipment sales, rental, and leasing services. An establishment including offices, stores, and display rooms for the display, sale, rental and leasing of medical equipment.
Mini-warehouse facility. A building or group of buildings in a controlled-access and fenced compound consisting of varying sizes of individual, compartmentalized, controlled-access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.
Mobile food vendor court. A primary land use located on one or more platted lots where two or more mobile food vendor units are located to offer food or beverages for sale to the public, functioning as a single business and authorized to provide, tables, play areas, a permanent structure for alcohol sales, and other outdoor entertainment open to all customers of all vendors.
Museum, fine arts center, or art gallery. An institution for the collection, display, and distribution of objects of art or science and which is sponsored by or owned and operated by the city, a public or quasi-public agency and which facility is open to the general public.
Office, business. Any office in which chattels or goods, wares or merchandise are not commercially displayed, created, sold or exchanged.
Office, professional. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations, including, but not limited to: insurance broker, public stenographers, real estate broker, stockbroker, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.
Office, real estate development tract or field office. A temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.
Oil field service business. An establishment offering sales, maintenance, and outside storage of oil field business equipment including rigs, machinery, servicing vehicles, pipe, drill stem, and devices used on or attached to oil wells.
Park, public. Any public or private land available for recreational, educational, cultural, or aesthetic use.
Pawnshop. A shop specializing in making small loans against personal property or buying used personal goods from individuals.
Payday loan business. Any business which provides loans typically known as "payday loans," "payday advances," or "deferred deposit loans" in which a cash advance in whole or part is made in exchange for a personal check or authorization to debit a deposit account; the amount of the check or authorized debit equals the amount of the advance plus a fee, and the person making the advance agrees that the check will not be cashed or deposited or the authorized debit will not be made until a designated future date.
Person. Every natural person, firm, partnership, association, corporation, or society. The term "person" shall include both the singular and plural, and the masculine shall include the feminine gender.
Pet shop. A shop offering small animals for sale, with associated goods and services.
Pharmaceutical plant. A facility for the production of drugs for medicine.
Pharmacy. An establishment offering prescription and over-the-counter pharmaceuticals and other associated products for sale to the public.
Photographic print shop. An establishment engaged in film editing, developing, and processing of photographs. May also provide for retail sale of cameras, film, and other photographic supplies and equipment to the general public.
Plastic products manufacturing. A facility for the production of molded products constructed out of plastic, fiberglass or other composite material.
Printing/publishing plant. An establishment offering reproduction services for the production of books, magazines, newspapers, and other published materials.
Private club. An association of members meeting regularly for their mutual benefit or for the promotion of some common purpose supported jointly through payment of membership dues, and regulated by the Texas Alcoholic Beverage Code in such instances where alcoholic beverages are sold to members.
Public safety facility, fire and police. A facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations and training facilities.
Radio, television, microwave broadcast, relay or receiving towers, transmission or retransmission facilities. Structures supporting antennae and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.
Radio, television studio. A facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or prerecorded materials for any part of the radio spectrum for commercial consumption.
Recreational vehicle storage (commercial). A facility or location, which upon payment of a fee, provides for the parking and storage of recreational vehicles.
Recycling collection center. A building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those materials to manufacture new products.
Recycling plant. A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books and other paper products, glass, metal cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
Rehabilitation care facility (criminal-psychiatric, mental disorders and substance abuse). A facility whose primary purpose is to provide residence and/or outpatient care, with supervisory personnel, to persons regardless of legal relationship, who have been involved in the criminal justice system or related program including parole or probation as authorized by the criminal justice system, and have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct.
Rehabilitation care facility (psychiatric and mental disorders). A facility which provides residence and/or outpatient care, with supervisory personnel, to persons regardless of legal relationship, who have demonstrated a tendency toward mental illness.
Rehabilitation care facility (substance abuse). A facility which provides residence and/or outpatient care, with supervisory personnel to persons regardless of legal relationship who have demonstrated a tendency toward alcoholism and/or drug abuse.
Religious institution. Churches and facilities for related activities including those of worship, fellowship and education that people regularly attend. A religious institution which, for a fee, provides day care and/or child care must seek a specific use permit; however, a religious institution which provides day care and/or child care services to its members during religious services without charge or fee is permitted within each designated zoning district permitting the particular religious institution.
Rental store (no outside storage). An establishment that provides equipment and goods for rent by the general public to be used off-site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.
Rental yard (commercial and heavy equipment). An establishment that provides heavy equipment for rent to contractors or the general public to be used off-site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.
Rental yard (domestic goods with outside storage). An establishment that provides domestic equipment and goods for rent to the general public to be used off-site. The storage of rental equipment or goods may occur either within the limits of the primary structure or displayed and stored on an improved surface outside the primary structure, not to include backhoes, front end loaders and tractors.
Repair shop (bicycle and small appliance). A shop specializing in the repair of household appliances and/or bicycles.
Restaurant (drive-in/drive-thru). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
Restaurant (including cafe, lunch room, tea room). A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
Restaurant, refreshment stand (temporary or seasonal). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building on a temporary or seasonal basis.
Restaurant with alcohol. A business establishment whose principal business is the selling of unpackaged food and alcoholic beverages for on-premises consumption, to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
Retail, retail store or retail activities. An establishment engaged in selling goods or merchandise to the general public in small quantities for personal or household consumption and the rendition of services incidental to the sale of such goods.
Rodeo grounds/fairground. An outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.
School. A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.
School, business college. A facility that provides a curriculum limited to the teaching of office and business practices and skills.
School, college or university. An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study leading to a recognized degree or advanced degree, including junior and senior colleges, universities, conservatories and seminaries.
School, commercial trade. A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.
School, home. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the housekeeping activities of a family.
School, home day. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than six unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given time.
School, institution, rehabilitation and training center (private). A facility that provides rehabilitation and training operated or sponsored by chartered educational, religious or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.
Servants' quarters. A dwelling unit located on the same lot or grounds as the main building, and used by servants employed on the premises and not rented or otherwise used as a separate domicile, and serviced through the same utility meters or connections as the principal use to which it is an accessory.
Shoe repair. An establishment offering shoe repair service to the general public.
Smoke shop. A retail outlet specializing in the selling of electronic or nonelectronic cigarette products, also known as a vape shop, which allows for on-site delivery of tobacco, tobacco accessories, electronic vaping devices and similar products to the customer.
Smoke room or lounge. A room which is specifically provided and furnished for onsite smoking, either electronic or nonelectronic cigarette products. This definition shall include establishments known as hookah bars/lounges, tobacco bars, and similar establishments.
Specialty and novelty establishment. An establishment which provides any or all of the following:
(1)
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term "controlled substance" is defined in V.T.C.A., Health and Safety Code ch. 481.
(2)
Kits used, intended for use or designed for use in manufacturing, converting, producing, processing, or preparing controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(3)
Isomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is a controlled substance, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(4)
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances, as the term "controlled substance," is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(5)
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(6)
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(7)
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
(8)
Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(9)
Capsules, balloons, envelopes, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(10)
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(11)
Hypodermic syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body, as the term "controlled substance" is defined in the Texas Controlled Substances Act (V.T.C.A., Health and Safety Code ch. 481).
(12)
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as:
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f.
Miniature cocaine spoons and cocaine vials;
g.
Chamber pipes;
h.
Electric pipes;
i.
Air-driven pipes;
j.
Chillums;
k.
Bongs;
l.
Ice pipes or chillers.
(13)
Wearing apparel containing obscene pictures or words; such apparel being t-shirts, belt buckles, jewelry or any other wearing apparel.
(14)
Salves, ointments, gels, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus.
(15)
Magazines, books, records, cassettes, pictures, drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption.
(16)
Incense.
Stable, private. A building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale; for not more than one horse or mule for each 36,000 square feet of lot area.
Stable, riding. A building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire including a riding track.
Stockyard. An area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.
Studio. A facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, dance, but not including commercial gymnasium or dance hall.
Swimming pool, commercial. A swimming pool accessory facility, 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.
Swimming pool, private residential. A swimming pool accessory facility constructed for the exclusive use of the proprietor, when located in other than the minimum front yard, subject to the regulations of section 115-85(b), Conditions and regulations for listed uses.
Tattoo parlor. An establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin. Not including establishments that provide permanent cosmetic make-up application.
Telephone exchange, switching or relay facility. A facility for the exchange, switching, relaying, or transmission of telephone services. Not including public business facilities, storage, or repair facilities.
Theater, indoor motion picture. An establishment offering motion pictures for viewing by the public.
Trailer, manufactured or industrialized home sales or rental. An area devoted to outside sales or rental of travel trailers, HUD-code manufactured homes, or industrialized housing. Rental for off-premises use only.
Trailer park for travel trailers. A lot of land upon which two or more travel trailers or recreational vehicle sites are located, established, or maintained for occupancy by travel trailers or recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
Travel bureau or consultant. An office that serves as a broker for airlines, trains or other transportation and lodging organizations and provides these services to the patron.
Utility buildings and structures. Power substations, water tanks or reservoirs, water or sewage treatment plant, including supportive structures such as pump and lift stations.
Veterinarian hospital (with outside pens). The office and clinic of a doctor of veterinary medicine, including outside treatment pens, and the boarding of animals on a temporary basis.
Veterinarian hospital (without outside pens). The office and clinic of a doctor of veterinary medicine for small domestic animal practice, which may include facilities for the temporary treatment or boarding of small animals but does not include outside treatment pens.
Veterinarian office only. The offices of a doctor of veterinary medicine with limited on-site treatment of small domestic animals.
Video/game rental store. A commercial establishment that provides as a service a library of video movies and video games which may be rented on a short-term basis and returned for reuse.
Warehouse showroom with retail sales. A sales and office facility for a product that by nature of the bulk dimensions of the product requires a larger than normal storage area ratio of sales to office area to maintain a normal operating product inventory. All activities and storage shall be totally within an enclosed building, and no manufacturing, fabrication, or assembly operation shall be conducted in any part of the unit except for articles to be sold at retail on the premises.
Warehousing and freight offices and storage. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
Watch and/or jewelry sales and repair. An establishment offering repair services for jewelry, watches and other similar items.
Welding or machine shop. A facility for the machining or welding of metals, not including forging.
Wholesale club with membership sales. An establishment engaged in the warehousing, storage, and wholesaling of a general line of goods, which sells memberships in order for consumers to purchase items at wholesale prices.
(Code 2001, § 14.106; Code 2010, § 14.01.006; Ord. No. 1565, § I, 7-28-2014; Ord. No. 1599, §§ I, II(Exh. A), 8-17-2015; Ord. No. 1600, § I(Exh. A), 8-17-2015; Ord. No. 1648, § I(Exh. A), 10-16-2017; Ord. No. 2021-046, § II, 10-11-2021; Ord. No. 2023-009, § II, 5-8-2023)