This chapter shall be known as the "Zoning Ordinance of the City of Webster, Texas." It is adopted in accordance with the authority granted by the V.T.C.A., Local Government Code, ch. 211, as amended. It may be cited as the "zoning ordinance."

(Ord. No. 98-03, § 1(Exh. A, § 1(1.01)), 3-17-98)

The zoning regulations and districts as established in this chapter have been made in accordance with the city's comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare throughout the corporate limits of the City of Webster, Texas. They have been designed to:

(1)

Lessen congestion in the streets,

(2)

To secure safety from fire and panic, and other dangers,

(3)

To provide adequate light and air,

(4)

To prevent overcrowding of land,

(5)

To avoid undue concentration of population, and

(6)

To facilitate access to parks and public facilities.

They have been made with reasonable consideration, among other things, for the character of the district, its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. No. 98-03, § 1(Exh. A, § 1(1.02)), 3-17-98)

When interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare.

(1)

Words used in the present tense shall include the future, words used in the singular shall include the plural, and words used in the plural shall include the singular.

(2)

The word "shall" is mandatory and not discretionary. The word "may" is permissive.

(3)

The word "lot" shall include the words piece, premises, tract, and parcel, and except when specifically stated otherwise, and shall mean the lot on which a building or other improvement may be constructed, and which has been legally platted as required by the subdivision ordinance of the City of Webster and has been recorded in the deed records of Harris County, Texas.

(4)

The word "building" shall include any structure designed or built for the support, enclosure, shelter, or protection of persons or property of any kind.

(5)

The phrase "used for" shall include the phrases arranged for, designed for, intended for, maintained for, and occupied for.

(Ord. No. 98-03, § 1(Exh. A, § 1(1.03)), 3-17-98)

Definitions not expressly prescribed herein shall have the meanings customarily attributed to common English language usage and definitions contained in the specific regulations of other adopted ordinances of the City of Webster.

Accessory living quarters means an accessory building used solely as the temporary dwelling of quests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

Accessory building or use means a subordinate use or building incidental to and located on the lot occupied by the main use or building. A building or use which contributes to the comfort, convenience, and necessity of the occupants of the principal building or principal use. "Accessory," when used in this text, shall have the same meaning as accessory use.

Adult amusement establishment means an establishment which provides amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas:

An establishment which feature topless dancers, exotic dancers, strippers, male or female impersonators, comedy club, or similar entertainment; or

An establishment, which, upon payment of a fee provides an escort or a dance partner to its patrons.

Adult book store means an establishment having a substantial or significant portion of its stock in trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult photo studio means an establishment, which, upon payment of a fee, provides photographic equipment or models for the purpose of photographing, specified anatomical areas.

Adult theater means a theater, including a drive-in theater, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Agriculture means the tilling of the soil, raising of crops, animals, horticulture, gardening, beekeeping and agriculture.

Alley means a minor public right-of-way which provides a secondary means of vehicular access to property at the rear or side of the property which has primary access on a public street.

Alteration means any change, addition or modification in construction, occupancy or use.

Amusement center means an establishment offering amusement devices as its primary business, including, but not limited to, coin-operated electronic games, shooting gallery, and similar recreational diversions within an enclosed building.

Apartment means a dwelling unit in any building, or portion thereof, which is designed, built, rented, leased, or hired out to be occupied as three or more dwelling units not for transient use.

Apartment house means any building, or portion thereof, designed, built, or occupied as three or more dwelling units not for transient use. For purposes of this chapter condominium is considered an apartment house.

Assisted living center means any facility required to be licensed by the Texas Department of Human Services as a personal care facility.

Automobile/car wash means a building or portion thereof containing facilities for washing automobiles, using production-line methods such as a conveyor, blower, steam-cleaning device or other mechanical device.

Automobile and trailer sales area means an area other than a street, used for the display, sale or rental of new or used automobiles, trucks, or trailers, where no repair work is done, except minor reconditioning of motor vehicles or trailers to be displayed, sold or rented on the premises. Such area shall not include automobile wrecking or dismantling or the sale of salvaged parts, nor shall it include the storage of either new or used motor vehicles or trailers.

Automotive full-service station means that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service and food sales.

Automotive repair, major means an establishment primarily engaged in the repair or maintenance of motor vehicles and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, which is conducted within a completely enclosed building. Outdoor storage would be permitted.

Automotive repair, minor means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, which is conducted within a completely enclosed building. Outdoor storage would not be permitted.

Automotive self-service station means that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include, car wash service and food sales.

Automobile storage means a surface of asphalt, concrete or approved stabilized material built in accordance with city parking lot standards, and used for vehicular storage and not as a street.

Automobile wrecking means the collecting and dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles, trailers, or their parts.

Awning means a roof-like cover of temporary nature which projects from the wall of a building.

Bail bond service means an establishment that makes available to the public undertakings of bail in connection with judicial proceedings.

Bed and breakfast establishment means a house with a permanent resident and a subordinate use of up to eight guest rooms which may be rented for short-term overnight lodging with breakfast served to overnight guests only; some or all guest rooms may be in accessory living quarters.

Beer parlor means a place where beer and/or light wines are sold for consumption on the premises and the majority of the gross receipts is from the sale of beer and/or light wines.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-ways, airport boundaries, bulkhead lines (or shore lines where no bulkhead lines have been established), or corporate boundary lines of the City of Webster.

Block face means a side of a block in which lots face an abutting street.

Board means the zoning board of adjustments of the adopting jurisdiction.

Boarding or lodging house means a dwelling unit containing at least one but not more than five guestrooms where lodging is provided, with or without meals, for compensation; it does not include community residential program or emergency shelter. (See Bed and Breakfast)

Boat means a vehicle for traveling in or on water, not exceeding 30 feet in body length, eight feet in width, or 11 feet in overall height. Height includes the trailer, if the boat is mounted on a trailer.

Boat dock means a structure designed and constructed to provide a secure storage and loading or unloading facility for a boat and/or recreational watercraft used for private enjoyment only and limited to an overall length of 50 feet. When classified as an accessory use in a residential zoning district such facility may be either fixed to a shore or walkway or floating and may include an enclosed building or unenclosed lift or hoist that provides storage space for one boat not exceeding 50 feet in length. Such storage building may contain hoist and lifts for one boat and up to three personal watercraft not exceeding seven feet in length, and may have electrical and other utility services. No boat dock or boat house may contain living, sleeping, kitchen or sanitary facilities when used as an accessory use in a residential zoning district. Boat docks, buildings and storage facilities that are used in any commercial nature, including charter or for hire shall never be permitted to be an accessory use in a residential zoning district.

Build means to erect, convert, enlarge, reconstruct, restore or alter a building or structure.

Buildable width means when applied to a building site, the width of the site exclusive of required yards.

Building means any structure which is built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building, completely enclosed means a building which is separated on all sides from the adjacent open space, or other buildings and structures by a permanent roof and exterior walls pierced only by windows and normal entrance and exit doors.

Building, detached means a building surrounded by yards or open space on its own building lot, or buildings in a building group which are physically separated from each other.

Building face means that portion of a building completely enclosed.

Building height means the vertical distance from curb level opposite the center of the front of the building to the elevation of the highest point of the roof. For the purpose of this section, the measurement of a building height shall not include chimneys, roof gables, vents, steeples, spires, ornamental towers, antennae, monuments, cooling towers, tanks, water towers, fire towers, necessary mechanical appurtenances, stage towers or scenery lofts, or similar appurtenances.

Building line means a line which is the rear line of a required front yard. This line is generally parallel to the adjacent street right-of-way line and no building shall project beyond this line toward the street.

Building, principal means a building in which a principal use of the lot on which it is located is conducted. All residential uses, except bona fide servants' quarters, are principal uses.

Building, residential means a building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families.

Building, temporary construction means a building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

Business means legal entities operating an enterprise in a space separate from any other enterprise.

Canopy means a roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.

Carport means a roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.

Carnival means a traveling enterprise offering a variety of amusements, which are predominantly comprised of three mechanical rides, side shows, or games of chance.

Church means a place of worship or an establishment primarily engaged in operating religious organizations, administering an organized religion, or promoting religious activities.

Circus means a traveling enterprise that features feats of physical skill and daring, wild animal acts and performances by clowns.

City means the City of Webster, Texas.

Clinical massage/therapy office means a place of business where people holding professional licenses issued by the State of Texas to individuals trained in the art of massage for medical and therapeutic purposes provide such services. Excludes any and all massage services provided for sexual gratification, erotic activity or any other activity customarily considered related to, or part of, a sexually oriented businesses.

Club, private means quarters for a private organization, a principal purpose of which is the preparation and service of food and/or drink for members and their guests only.

Club or lodge means an association of persons for the promotion of a nonprofit common objective, such as literature, science, politics, good fellowship and similar objectives, which meets periodically and which is limited to members.

Community residential corrections program means a community residential program for persons currently in the custody of, or recently released by, correctional authorities which is designed to offer an alternate to imprisonment and/or to facilitate ex-offender reintegration into community life.

Commercial, heavy means an established business, which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts, considered incompatible with less-intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.

Commercial, light means an establishment or business, which generally has retail or wholesale sales, office uses or services that do not generate noise, or other impacts considered incompatible with less-intense uses. Typical businesses in these definitions are retail stores, offices, catering services or restaurants.

Commercial center, community means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.

Commercial center, convenience means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.

Commercial center, neighborhood means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services with a supermarket as the principal tenant.

Commercial center, regional means a completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.

Commercial retail sales and services means establishments, which engage in the sale of general retail goods and accessory services. Businesses within this definition include those, which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor sidewalk promotions); businesses specializing in sale of either general merchandise or convenience goods.

Commercial vehicle as used in this chapter, a commercial vehicle shall be construed to be any truck, trailer, tractor, tractor trailer, goose-neck trailer, trailer of more than two axles, dump truck, or machinery which is customarily transported or driven on or across public roadways that exceeds the size of a standard pickup truck and whose carrying capacity exceeds one ton. Vehicles licensed by the Federal Interstate Commerce Commission or Texas Railroad Commission are commercial vehicles at all times and for all purposes.

Commission means the city planning and zoning commission in the City of Webster, Texas.

Community residential program means a dwelling unit(s) providing to its residents a planned program of care consisting of full-time programmatic supervision, counseling and/or therapy, and assistance in the development of daily living skills; such residence and program is provided to persons who are physically disabled, developmentally disabled, psychiatrically disabled, have drug or alcohol problems, are under the legal custody of the state, are minors with social and/or behavioral problems; or are person who have disabilities associated with aging. A community residential program does not include skilled nursing care.

Comprehensive master plan means the officially adopted plan for the general improvement, development, expansion, delivery of services, scheduling of improvements, and management of the city, including any unit or part of such plan separately adopted, and any amendment to such plans or parts thereof, which is also referred to as the "master plan" of the City of Webster, Texas.

Conditional use means one of those uses enumerated as conditional uses in a given zone. Such uses require individual approval on a given lot.

Condominium means a form of real property ownership that combines separate ownership of apartments or units with common ownership of other elements. Condominiums shall be specifically defined in accordance with the Texas Condominium Act. They shall be considered as a multiple-family use for the purpose of this chapter.

Contiguous means abutting or separated by nothing more than an alley.

Convalescent center means a facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

Convent means an establishment, related to a church or school, for the housing of religious groups.

Corner lot means a lot situated at the junction of two or more streets, or of two segments of a curved street, forming an angle of not more than 135 degrees.

Council means the city council of the City of Webster, Texas.

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

Credit access business means a business that lends money through the use of cashing checks or other negotiable instruments for a fee, service charge or other consideration such as a car title or provides funds in exchange for acceptance of a check on a post-dated or deferred-deposit basis. This definition refers to any business licensed as a "credit service organization" under Section 393.001 of the Texas Finance Code. This business may lend money; cash checks or other negotiable instruments for a fee; service charge or other consideration.

Curb level means the elevation of the top of the established curb in front of a building. Where no curb exists, the mean elevation of the finished lot immediately adjacent to the front of the building shall be considered the curb level.

Customarily incidental use means a use of a building or premises, not involving the conduct of a business, which use is only secondary to the principal use and is indispensable to the enjoyment of the premises for and of the principal uses permitted within a zoning district. A customarily incidental use may include a customary home occupation.

Dance hall, discotheque means an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.

Day care, family means the keeping for part-time care and/or instruction, whether or not for compensation of six or less children at any one time within a dwelling, not including members of the family residing on the premises.

Day care, group means an establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschools and adult care facilities are intended in this definition.

Day nursery means any type of group child day care program, including nurseries for children of working mothers, nursery schools, privately conducted kindergartens, when not a part of a public or parochial school, and programs covering after school care for school children.

Density means the number of dwelling units that are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.

Department store means a retail store offering a wide variety of items for sale to the general public characterized by clothing, hardware, housewares, appliances, and similar needs for everyday living.

Development or to develop: "Development" shall mean the construction of one or more new buildings or structures on one or more building lots, the location of an existing building on another building lot, or the use of open land for a new use. "To develop" shall mean to create a development.

District, zoning means a zoning district is a part of the city as delineated on the official zoning district map wherein the regulations of this chapter are uniform.

Drive-in restaurant means a restaurant or refreshment stand, which has one or more of the following:

No inside tables or counters for customer eating, and food is served with any dishes and utensils which are customary for eating food; or

Carhop service to parked vehicles; or

Outside tables which are not completely surrounded by building or fence at least six feet high and suitable to stop blowing of papers.

Drive-up service window means a building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.

Duplex means an attached residential building consisting of two single-family dwelling units which constitute an architectural whole.

Dwelling means a building or a portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two family dwellings, and multiple-family dwellings, but not including hotels and motels.

Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by a partial wall or walls.

Dwelling, detached means a dwelling which is entirely surrounded by open space on its building lot.

Dwelling, multiple means a building used or designed as a residence for three or more families or households living independently of each other.

Dwelling, single-family means a detached dwelling having accommodations for and occupied by only one family.

Dwelling, two family means a detached building having separate accommodations for and occupied as, or to be occupied as a dwelling for only two families.

Dwelling unit means one or more rooms arranged, designed, or used as separate living quarters for an individual family. Kitchen facilities, including at least a stove or cooking device, and a permanently installed sink, plus bath facilities, shall always be included for each dwelling unit.

Easement means a right granted for the purpose of limited public or semi-public use across, over, or under private property for a specified purpose or purposes.

Educational institution means elementary, junior high, high schools, junior colleges, colleges, or universities or other schools giving general academic instruction in the several branches of learning and study required by the State of Texas.

Emergency shelter means a facility which provides sleeping accommodations to six or more persons for a period not normally exceeding 30 consecutive days, with no charge or a charge substantially less than market value; it may provide meals and social services.

Facade means any separate external face of a building, including parapet walls and omitted wall lines where separate faces are oriented in the same direction, or in directions within 45 degrees of one another, they are to be considered as part of a single facade.

Family means a single person, or two or more persons related by blood, marriage, or adoption living in a dwelling unit. Provided however, "family" shall also mean a group or community home of not more than six persons with disabilities, and two supervisors, residing in a community home at the same time as a community home for persons with disabilities, as defined by and in accordance with Chapter 123, Texas Human Resources Code.

Family care facility means an occupied dwelling used for care for one or two residents, not a relative of the resident family and not under court ordered guardianship of a member of the resident family; it is licensed as a family care home by the State of Texas and provides 24 hour care and services.

Family day care home means an occupied dwelling in which a person provides, for remuneration, care for at least four but not more than 12 children on a regular basis for less than 24 hours per day. The resident provider's children who are age six or more shall not be counted for this definition.

Farm animals means animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories; large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.

Floor area, gross means the sum of the horizontal areas of floors of a building measured from the exterior walls or, if appropriate, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.

Floor area, net means the gross floor area exclusive of restrooms, vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.

Floor area, ration means the numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.

Frontage means the width of a lot or parcel abutting a public right-of-way measured at the front property.

Gallery means a commercial establishment operated for the display of works of art, including the regular sale or distribution.

Garage, private means a building or a portion of a building, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.

Garage, public means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor vehicles.

Garage, storage means any premises, except those defined as a private or public garage, used exclusively for the storage of motor vehicles.

Graffiti means unauthorized painting, writing, or inscription.

Gross floor area means when applied to a building, the area in square feet determined by measuring the outside dimensions of the building at each floor excluding the floor area of the basements or attics when not occupied or used.

Greenhouse or plant nursery means an establishment offering plants grown on premises and off premises and associated products for sale.

Greenhouse or nursery, commercial means a facility for the storage, growing and care of plants and materials to be sold at an off-site location.

Group training home means a residence providing full-time supervision and training in daily living activities and homemaking skills to a small number of residents other than a family; no infant care is provided.

Gross leasable area (GLA) means the total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet as measured from the centerline of joint partitions and from outside wall faces.

Group care facility means a facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day-care centers, family day-care homes, foster homes, schools, hospitals, jails or prisons.

Guest room means any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet of superficial floor area in a dormitory shall be considered a guestroom.

Headshop means any retail establishment open to the public that presents, displays, or offers for sale paraphernalia, items, equipment, or products commonly used, intended to be used, or commonly known to be used, for the ingestion, inhalation, preparation, or injection of illegal substances, to include any device which has been fabricated, constructed, altered, adjusted, or marked especially for the use in the smoking or ingestion of marijuana, hashish, cocaine, methamphetamine, any other "controlled substance," "synthetic controlled substance," or substance or chemical that mimics the effect of THC such as synthetic cannabis or other controlled substances, or any other substance that violates local, state, or federal law, and is adapted to that purpose by virtue of a distinctive feature or combination of features associated with drug paraphernalia, not withstanding that it might also be possible to use the device for some other purpose.

Health service means a charitable or governmental operated facility offering to the public medical examination, diagnosis, and limited treatment not for profit.

Hobby means the engagement of a person in a branch of the fine arts or sciences for pleasure, conducted as spare time activity. Such activity shall not be engaged in for business profit, and any remuneration shall be secondary and incidental to the pursuit. Such activity shall be carried on within an enclosed or screened area and shall not involve any activity that requires open storage of automobiles, building materials, glassware or antiques, used furniture or other materials or goods.

Home occupations means any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on in the main dwelling unit or in a garage not exceeding two normal car bays and is not detrimental or injurious to the economic or aesthetic value of adjoining property. Customary home occupations shall not include barber shops, beauty shops, carpenter shops, electrician shops, plumber shops, radio shops, tinner shops, transfer or moving van offices, auto repairing, auto painting, furniture repairing, sign painting, food service of any kind, or any form of merchandising activity that brings customers to the home for the purpose of transacting any business.

Hospital means a legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, nursing, and the prolonged care of bed patients.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, in which provisions are not made for cooking in any individual room, and in which there is a general kitchen.

Incidental use means a building, structure, container or use of property that is directly related to the operation and function of the main or principal use. See accessory use.

Industrial or research park means a tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.

Institution means a building occupied by a nonprofit corporation; a nonprofit establishment for public use.

Junk or salvage yard means a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk or salvage yard includes an automobile wrecking yard and an automobile parts yard. A junk or salvage yard does not include such uses conducted entirely within a completely enclosed building.

Kennel means an establishment for the boarding of four or more over four months old dogs, cats or other domestic household animals, at which establishment provisions are made for the enclosures of such animals in runs, cages, yards, or pens and are kept for compensation or not.

Landscaping means the planting and maintenance of live plants including trees, shrubs, ground cover, flowers, or other low-growing plants that are native or adaptable to the climatic conditions of the Webster area. In addition, the landscape design may include some natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, works of art, screens, walls, fences, benches and other types of street furniture.

Light industrial use means the use of property for the conduct of manufacturing, assembly, testing, fabrication, servicing, maintaining, packaging, or storing of products and raw or semi-finished materials in which all activities are confined to the inside of a structure with no outside operations or storage of any kind at any time of the day or night, except that vehicles associated with the operations may be parked on the property overnight as needed.

Lot means a physically undivided tract of land or parcel of land having frontage on a public street or other approved facilities and which is, or in the future may be offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract which has been properly recorded.

Lot area means that area of a horizontal plane bounded by the front, side, and rear lot lines of a building lot, including any portion of an easement which exists within such property lines and exclusive of street rights-of-way.

Lot corner means a lot situated at the intersection of two streets.

Lot, coverage means the amount of lot area covered by structures measured by the footprint of the foundation or slab.

Lot depth means the length of a line connecting midpoints of the front and rear lot lines.

Lot double frontage means a lot which is not a corner lot, which adjoins the right-of-way lines of two streets. Both right-of-way lines shall be deemed front lot lines.

Lot, interior means a lot other than a corner lot.

Lot line means a boundary of a lot.

Lot line, front means that boundary of a lot which is the right-of-way line of an existing or dedicated street.

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

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

Lot of record means an area of land designated as a lot or a plat of a subdivision recorded pursuant to statute with the county clerk of Harris County, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk of Harris County, Texas.

Lot, reverse corner means a corner lot, the rear lot line of which abuts the side lot line of the lot to its rear.

Lot width means the length of a line, drawn perpendicular to the lot depth line at its point of intersection with the building line, connecting the side lot lines.

Luminance means the brightest of an object, expressed in terms of foot-candles, determined from a point five feet above grade on an other premises or the public right-of-way, but no closer than 20 horizontal feet from the object measured.

Manufactured home (mobile home) means a structure, transportable in one or more sections, which in the traveling mode is eight feet or more in body width or 40 feet or more in body length, or when erected on site is 320 square feet or more, 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 contained therein.

Manufacturing, heavy means all other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.

Manufacturing, light means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.

Manufacturing, medium means the manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screening from neighboring properties, serviced by a modest volume of trucks or other vehicles.

Major arterial streets means a street connecting a major collector street to a freeway or state highway, having two, three, or four 12-foot wide lanes in each direction as described in the thoroughfare plan.

Major collector street means a street connecting residential areas to major arterials having two 12-foot lanes in each direction as described in the thoroughfare plan.

Marquee or canopy means a roof-like structure of a permanent nature which projects from the wall of a building.

Massage establishment means a place of business in which massage therapy is practiced by a massage therapist, as defined by Texas law. "Massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term, includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub shower, or cabinet baths. Equivalent terms for massage therapy are "massage," "therapeutic massage," "massage technology," "myotherapy," or any derivation of those terms. The terms "therapy" and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Medical office facility means a building in which a physician, dentist and/or allied medical professional or group of physicians, dentists and/or allied medical professionals are associated for the purposes of treating and diagnosing ill or injured out-patients. The medical office facility may include a medical or dental laboratory and excludes animal clinics.

Minor collector street means a street serving multiple-family residential areas usually with one 17-foot wide lane in each direction as described in the thoroughfare plan.

Minor residential street means a street serving single-family residential areas as described in the thoroughfare plan.

Mobile food truck means a food service establishment that operates as a restaurant from a catering truck or a vehicle with attached trailer that is readily mobile at all times. This type of establishment primarily prepares and sells food for patrons.

Mobile home park. See Mobile Home Ordinance.

Model home means a dwelling temporarily uses as a sales office for residential development under construction, said home being used for on-site sales and not for general real estate business.

Modular home means a factory-built home, other than a manufactured home, which meets all of the following requirements:

Is designed only for erection or installation on a site-built permanent foundation;

Is not designed to be moved once so erected or installed;

Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to a building codes for site-built housing; or

To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation.

Mortuary, funeral home means an establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conducting of funeral services and spaces for a funeral service and informal gatherings, and/or display of funeral equipment.

Motel means a building or group of buildings designed, arranged or used for transient occupancy having living or sleeping accommodations with bathroom and closet space and parking of automobiles in close proximity to the quarters occupied by the owner of such automobile. The term "motel" shall include all establishments coming under the general classification of "drive-in-hotel," "inn," "tourist court," and any other such establishment that houses visiting transient clientele. A motel furnishes customary hotel service, such as maid service, laundry, linens, telephone or desk service, and the use and upkeep of furniture. For the purposes of this chapter, a motel is a nonresidential use.

Motor freight terminal means a building or area in which freight brought by motor truck is assembled and is stored for riding in interstate and intrastate shipment by motor truck. A motor freight terminal is a truck terminal.

Museum means an establishment operated as a nonprofit, noncommercial repository for a collection of scientific, natural, or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.

Natural waterways means those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.

Nonconforming use means a building or premises occupied by a use that does not conform to the regulations of use in the zoning district in which it is located.

Northern boundary means the lot line lying generally to the north side of a lot which is the most nearly perpendicular to cardinal north.

Office means a place where consulting, record keeping, the work of a professional person, such as a lawyer, is done, or a headquarters of an enterprise or organization; the sale of on-premises goods is not included.

Off-street parking, temporary for special events means an area used for required parking of automobiles and pickup size trucks, providing four or more parking spaces, not within the public right-of-way, none of which are required off-street parking.

Open space means that part of a building lot, including courts or yards, which is open and unobstructed from its lowest level to the sky, which is accessible to all residents upon a building lot, which is not part of a roof, and which does not include court recesses.

Open storage means the storage of any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials, the storage of which is not accessory to a residential use, and which is visible from any point on the building lot when viewed from ground level. Vehicular parking is not open storage.

Outside storage means the storage of any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials, the storage of which is not accessory to a residential use, and which is visible from any point on the building lot when viewed from ground level. Vehicular parking is not open storage.

Park and ride joint use facilities means provision of parking lot for transit customers in an area which is required off-street parking, which dual use is agreed to be the transit operator and the person in control of the property; the joint use is utilized for more than 30 consecutive days.

Park and ride temporary facilities means the temporary provisions of parking for transit customers using service provided by the municipalities in conjunction with temporary civic activities.

Parking space means a surfaced area of concrete or asphalt that is fully weatherproof, enclosed or unenclosed, at least nine feet wide and 18 feet long and sufficient in size to store one automobile, with an all-weather surfaced driveway connecting the parking space with the street or alley, and permitting ingress and egress at all times of an automobile without moving any other vehicle adjacent to the parking space.

Patio home means a detached, single-family dwelling located on an individual lot with the slab coincident with a side lot line. The lot includes a patio or side yard oriented toward the opposite side of the dwelling entirely enclosed by the dwelling wall, lot line wall of the neighboring dwelling, or other fences and walls.

Pawnshop means a business meeting the definition of a pawnshop, as that term is defined by Section 371.003 of the Texas Finance Code, and has been licensed to transact business by the Consumer Credit Commissioner.

Person(s) means every person, firm, co-partnership, association, partnership, corporation or society, and shall include both singular and plural, and masculine shall include the feminine gender.

Pharmaceutical and medical manufacturing means the use of property for the conduct of research and development, testing, manufacturing, assembling, packaging, storing, or shipping pharmaceutical or medical products or devices as classified as a Biosafety Level 2 facility as regulated by the Center for Disease Control (CDC) and/or classified as a General License Title 25 Texas Administrative Code (TAC) Sec. 289.251(k)(2) category facility by the Texas Department of Health. Activities must be confined to the inside of a structure with no outside operations or storage of any kind, except that vehicles associated with the operations may be parked on the property overnight as needed.

Place means an open, unoccupied area, other than a street, including a court, arcade, mall, or parking area that is permanently reserved as the principal means of access to abutting properties, which area shall not be within any required yard area or building, and which shall have been first approved by the commission as to size, surface, improvements, drainage, form and location, and shall not be subject to public maintenance.

Planned development plan means a development intended by developers on one contiguous piece of property and in a planned development (PD) district.

Poker club means a private for-profit business located in a building or place that contains one or more gaming tables.

Poker club, operator means an individual who operates a cash register, cash drawer, or other depository on the premises of a poker club or of a business at which is kept the money earned, or any credit card or other transaction records generated, from the operation of and activities conducted in a poker club.

Poker club, owner means a person who:

(1)

Has ownership interest in, or receives the profits from, a poker club;

(2)

Is a partner, director, or officer of a business, including a company or corporation, that has an interest in a poker club;

(3)

Is a shareholder who holds more than ten percent of the outstanding shares of a business, including a company or corporation, that has an ownership interest in a poker club.

Poker game means a card game in which:

(1)

A member of a poker club physically present at the poker club places a bet based on the highest or lowest ranking hand of cards held by the member or on a combination of highest and lowest cards held by the member;

(2)

Each member participating in the game has an opportunity to benefit from personal winnings;

(3)

Except for the advantage of skill or luck, the risks of losing and the chances of winning are the same for all members participating in the game.

Poker gaming table means a recreational table at which members of a poker club participate in a live poker game. The term does not include a table that offers any video, mechanical, electronic, or online version of a poker game.

Pools, swimming, hot tubs and spas.

Above-ground/on-ground pool. See "Private swimming pool."

Barrier means a fence, a wall, a building wall, the wall of an aboveground swimming pool or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.

Hot tub. See "Private swimming pool."

In-ground pool. See "Private swimming pool."

Power safety cover means a pool cover, which is placed over the water area, and is opened and closed with a motorized mechanism, activated by a control switch.

Precious metal dealer means a retail establishment that primarily buys coins or secondhand items containing precious metal, including but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. This use is typically referred to as a "gold exchange" business.

Private swimming pool means any structure that contains water over 18 inches in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in residential use zones and which is available only to the family and guests of the householder. This includes inground, aboveground and on-ground swimming pools, hot tubs and spas.

Private swimming pool, indoor means any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.

Private swimming pool, outdoor means any private swimming pool that is not an indoor pool.

Public swimming pool means any swimming pool other than a private swimming pool.

Spa. See "Private swimming pool."

Professional building means any structure used solely for the housing of professional offices of recognized professions and incidental uses as provided in the district regulations.

Professions, recognized means members of a recognized profession including those persons and customary staff normally considered as professional, and shall be deemed to include lawyers, architects, certified public accountants, registered engineers, and related professions registered under the laws of the State of Texas.

Public improvement means any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.

Public right-of-way means the total area of land deeded, reserved by plat, or otherwise acquired by the city, the county, or the state, primarily for the use of the public for the movement of people, goods, and vehicles.

Public school means a school that is maintained at public expense for education of children of a community or district and constitutes a part of a system of free public education commonly including primary and secondary schools. Examples include Margaret S. McWhirter Elementary School and the Clear View High School.

Public utility structure means a structure, owned by a unit of government or by a public utility company, which is an electric switching station; electric substation operating at voltages greater than 50 kilovolts; gas transfer station or border station; city-owned lift station, odor control station, water well or pump station, or water reservoir; or any public utility structure.

Recreation, indoor means an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or sale of equipment related to the enclosed uses. Included but not limited to this definition shall be bowling, roller-skating or ice-skating, billiards, pool, motion picture theaters, and related amusements.

Recreation, outdoor means an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures used primarily for recreational activities.

Recreational area means an area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubhouses, and other similar uses.

Recycling bin means a container located outside and used for storing and sorting metal, glass, and paper products, the materials of which will be recycled for further economic uses.

Recycling facility means any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.

Research and development means an investigation or experimentation aimed at discovery of new products and/or practical application of new products.

Residential use means single-family residential uses, two-family residential uses, and multiple-family residential apartment or townhouse uses.

Rest home or nursing home means a facility for the care of children or the aged or infirm, or a place of rest and care for those with bodily disorders, not containing equipment for surgical care or the treatment of disease or injury.

Restaurant, full service means a dining establishment at which food services are provided to patrons who order and are served while seated (e.g. waiter/waitress service) and pay after eating. These establishments may provide this type of food services to patrons in combination with selling alcoholic beverages, providing takeout services, or presenting live non-theatrical entertainment.

Restaurant, limited service or fast food means a dining establishment that provides food services where patrons generally order to select items and pay before eating. Most establishments do not have waiter/waitress service, but may provide limited service, or off-site delivery.

Restaurant, quick serve means a dining establishment with no added services and less than 1,000 square feet of gross floor area. Quick Serve establishments offer limited seating with a focus on "take away" or delivery.

School, trade or vocational means a secondary school that offers instruction in skilled trades or technologies or an educational institution offering a two-year course that is generally the equivalent of the first two years of a four-year undergraduate course.

Screening device unless stated otherwise shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, and acceptable design, at least six feet in height, where the structure is solid in preventing a view. Such screening device shall be continuously maintained.

Sexually oriented business or enterprise means businesses as regulated in chapter 12, miscellaneous business regulations, article VII, sections 12-201 through 12-232 and any amendments thereafter.

Shopping or mixed use center means a project built and intended to be used for two or more independent retail shops, department stores, offices, restaurants, cinemas and other allied businesses. The term "shopping center" also includes shopping malls and strip centers.

Sign. See appendix B, Code of Ordinances of the City of Webster for the definition of "sign."

Site development plan means an accurate plan at a scale of at least one inch to 100 feet which covers at least one lot and specifies:

For a subdivision—The site, proposed use, pedestrian and vehicular ingress and egress, any internal circulation requirements and, for each lot, maximum building height, minimum building setback, and maximum total dwelling units and/or nonresidential uses' maximum floor ratio.

For building permits—In addition to information required for a subdivision, exact structure locations, structure (including sign) elevations and dimensions, parking facilities, loading facilities, any energy conservation features of the plan (e.g., appropriate landscaping, building heights and siting for solar access, provision for non-auto transportation, or energy conservation building construction), and proposed schedule for development.

Small animal clinic means an establishment for the care and medical veterinary practice on or for domestic household animals, conducted completely within an enclosed, soundproofed and air conditioned structure and not using any yard or open space for the activities defined.

Smoke shop means any retail establishment that sells primarily tobacco related products, but does not fall under the definition of a headshop. Examples of a smoke shop include a cigar shop or a retail tobacco store.

Solid wall or fence means a continuous non-transparent vertical surface kept in good repair. Where a public right-of-way abuts up to a 28-foot opening for ingress and egress and is permitted for each 100 feet or fraction thereof, of abutting public right-of-way; provided there is at least 50 feet between openings. A chain link fence with a single layer of inserts is not a solid wall or fence unless present and expected development outside the fenced premises will not bring the public close to the fence and the development will not be residential.

Story means that part of a building between the surface of a floor and the ceiling immediately above. A basement is considered a story when more than one-half of such basement height is above the curb level.

Story, half means a space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate. Such space shall be counted as a half-story when not more than 60 percent of the floor area is used for rooms, bath, or toilets. A half-story containing an independent dwelling unit shall be counted as a full story.

Street means that portion of a public right-of-way or thoroughfare, which is primarily devoted to vehicular use. Such right-of-way or thoroughfare normally shall provide access to abutting property.

Street frontage means the boundary between a premises and a public right-of-way, whether or not direct access is allowed from the public right-of-way segment to the premises.

Structure means anything constructed, the use of which requires permanent location of the ground or attachment to something having a permanent location on the ground. See building.

Stucco means a finish coating of plaster and/or reinforcing fabric and synthetic plaster for the exterior of buildings. See the definition and standards for stucco contained in the building code of the city.

Subdivision means the division of a tract, lot or parcel of land into two or more lots, plats, sites or other division of land.

Substantial construction site means a site or location under construction project in a project of ten or more single-family residential homes or a commercial or multi-family project with a valuation of at least $200,000.00.

Tattoo shop means a business that places designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

Theater means a building used primarily for the presentation of live stage productions, performances or motion pictures.

Townhouse means a row of single-family attached units which constitute an architectural whole, and in aggregate, shall be considered a multiple-family use for the purpose of this chapter.

Transit facilities means the following uses, if conducted off the public right-of-way; bus passenger terminal, bus maintenance facility, transit transfer center, and park-and-ride joint-use facilities.

Truck plaza means a site in excess of two acres providing specialized facilities for retail fueling services for large trucks; the site may include related facilities including but not limited to restaurants and overnight parking.

Use means the activity occurring on a lot or parcel, for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

Use, change of means the change within the classified use of a structure or premise.

Use, non-conforming means a use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations.

Use, principal means a use, which fulfills a primary function of a household, establishment, institution or other entity.

Use, temporary means a use that is authorized by this Code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractor offices and equipment sheds, carnivals, flea markets, and garage sales.

Variance means a deviation from the height, bulk, setback, parking or other dimensional requirements established by this Code.

Warehouse, wholesale or storage means a building or premises in which goods, merchandise or equipment are stored for eventual distribution.

Yard means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this chapter.

Yard, front means a yard extending along the whole length of the front lot line between the side lot lines and being a maximum horizontal distance between the front lot line and the main building or any projections thereof other than steps and unenclosed porches.

Yard, rear means a yard extending across the rear of a lot between the side lot lines and being the minimal distance between the rear lot line and the rear of the principal building and projections thereof other than steps, unenclosed balconies, or enclosed porches.

Yard, side means a yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projections except steps and the side lot line.

Zero lot line dwelling: See patio home.

Zoning board of adjustment means the zoning board of adjustment shall mean that board authorized to hear appeals and render decisions as provided for in V.T.C.A., Local Government Code § 211.008.

Zoning official means the person otherwise duly designated to administer the provisions of this chapter.

Zoning district map means the official map upon which the boundaries of the zoning districts are drawn and which is an integral part of this chapter.

(Ord. No. 98-03, § 1(Exh. A, § 11), 3-17-98; Ord. No. 03-04, § 2, 2-18-03; Ord. No. 99-59, § 1, 12-7-99; Ord. No. 07-10, § 2, 8-21-07; Ord. No. 12-06, § 1, 6-19-12; Ord. No. 13-06, § 1, 4-2-13; Ord. No. 13-10, § 1, 8-6-13; Ord. No. 14-03, § 1, 4-1-14; Ord. No. 19-10, § 1, 8-20-19; Ord. No. 22-04, § 1, 6-21-22; Ord. No. 25-01, § 1, 1-23-25)

All territory which may hereafter be annexed to the city shall be classified as R-1 residential district, unless otherwise zoned by the governing body of the city. The commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a zoning designation that is consistent with the master plan, and recommend the same to the city council, and the procedure shall be the same as is provided for by law for the adoption of original zoning regulations.

The commission shall not approve any final plat of any subdivision within the corporate limits of the city until the area contained in the proposed plat has been zoned.

In the event the council holds a hearing on proposed annexation, it may, at its discretion and in conformance with the master plan, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed.

(Ord. No. 98-03, § 1(Exh. A, § 9(9.01)), 3-17-98)

No building hereafter erected or structurally altered, and no land hereafter occupied or used shall be used, occupied, or changed in use, and no building previously erected or land occupied or used shall be changed in use, until a certificate of occupancy has been issued by the building official stating that the building or proposed use of a building or premises complies with the requirements of an inspection made pursuant to the building code.

(Ord. No. 98-03, § 1(Exh. A, § 9(9.02)), 3-17-98)

Whenever a street or alley that formed a district boundary is vacated by the city council, the more restrictive district adjacent to the vacated street or alley shall be extended to cover the area so vacated.

(Ord. No. 98-03, § 1(Exh. A, § 9(9.03)), 3-17-98)

Wherever these zoning regulations require a greater width, depth, or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of this zoning ordinance shall govern. Wherever the provisions of any other statute or local ordinance or regulation requires a greater width, depth, or size of yards, courts, or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose higher standards than are required by this zoning ordinance, the provisions of such statutes or local ordinance or regulation shall govern.

If, because of error or omission on the zoning district map, any property in the city is not shown and included in a zoning district, such property shall be classified as R-1, residential until changed by amendment in accordance with the requirements of this chapter.

No building, structure, or use which was not lawfully existing at the time of adoption of this chapter shall be, become, or be made legal solely by the adoption of this chapter.

(Ord. No. 98-03, § 1(Exh. A, § 1(1.04)), 3-17-98)

It is hereby declared to be the intention of the mayor and city council of the city that the several provisions of this chapter are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment.

(2)

If any court of competent jurisdiction shall judge invalid the application of any provision of this chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

(Ord. No. 98-03, § 1(Exh. A, § 1(1.05)), 3-17-98)

All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations, and restorations of existing buildings occurring thereafter shall be subject to the requirements and regulations of this chapter, and no land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as herein provided.

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, upon completion, may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to all applicable provisions of this chapter.

(Ord. No. 98-03, § 1(Exh. A, § 1(1.06)), 3-17-98)