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 Dwelling Unit means a subordinate and complete dwelling unit that is accessory to the principal residential or nonresidential use on the same lot or parcel, whether integrated within, attached to, or detached from the principal structure. Accessory dwelling units shall not be leased or rented.

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.

Animal Hospital, Veterinarian with Outside Kennels means an establishment where animals or pets are provided medical or surgical treatment. Incidental indoor and outdoor kennel, or overnight care may be permitted only for the duration of the medical treatment of the animal.

Animal Hospital, Veterinarian without Outside Kennels means an establishment where animals or pets are provided medical or surgical treatment. Incidental kennel or overnight care may be permitted limited to the interior of the building and only for the duration of the medical treatment of the animal.

Apartments means a multiunit building, group of buildings, or portion thereof on a single parcel under single ownership, which is designed, built, rented, leased, or hired out to be occupied as three or more dwelling units not for transient use. The term does not include bed and breakfast, boarding or lodging house, or similar uses.

Arena/Stadium means an enclosed building or open structure with tiers of seats rising around a field, court or track, intended to be used primarily for the viewing of athletic events, but may also be used for entertainment and other public gathering purposes.

Assisted Living Facility means an establishment meeting the requirements of Chapter 247, Health and Safety Code, that furnishes in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment. These facilities shall provide:

(1)

Personal care services (e.g. assistance with feeding, dressing, moving, bathing, etc.), or

(2)

Administration of medication by a person licensed in this state to administer medication;

These facilities may provide:

(1)

Assistance with or supervision of the administration of medication;

(2)

Limited skilled nursing services (see Chapter 247, Health and Safety Code, for list of services); or

(3)

Health maintenance activities as defined by rule by the Texas Board of Nursing.

Auto Sales or Rental means a business that is primarily engaged in the sale or rental of passenger vehicles, light trucks, vans, motorcycles, or similar vehicles.

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.

Automotive Accessories Shop means an enclosed facility which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing (not a commercial car wash), as well as installation of aftermarket accessories such as tinting, auto alarms and radios, wheels, spoilers, sunroofs, headlight covers, and similar items.

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.

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.

Bar, Nightclub or Dance Hall means uses or establishments that are primarily engaged in the sale of alcoholic beverages for on-site consumption, and/or premises for dancing to live or recorded musical performances. These establishments may provide DJs, karaoke, or other forms of live or recorded performance, as well as incidental food service and outdoor patios.

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 dwelling units.

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 adjustment.

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.

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 and RV Storage Facility means an enclosed or partially enclosed structure containing a roof and at least two walls for the storage of boats, recreational vehicles, or similar equipment for a fee.

Boat Dock means an accessory structure constructed wholly or partially over a body of water designed primarily for the purpose of storing watercraft. 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.

Boat Sales, Rental or Service means a marine sales, rental, or service establishment in which boats are sold, rented, or serviced. The use may include a boat repair garage where boats are repaired and stored until repairs are completed.

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 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, 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, 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.

Car Wash means an establishment or portion thereof containing facilities for washing and cleaning motor vehicles using self-service, in-bay automatic, production-line methods such as a conveyor, blower, steam-cleaning device, or other methods. These facilities may include attendants who wash, dry, and/or detail the 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.

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

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.

Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except adult uses), including, but not limited to:

(1)

Bowling alleys and pool rooms;

(2)

Indoor skating rinks (ice or roller);

(4)

Internet cafes;

(5)

Local area network computer gaming centers;

(6)

Movie theaters and live performance theaters;

(7)

Museums and aquariums; and,

(8)

Video arcades and game rooms.

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except adult uses), including, but not limited to:

(1)

Amphitheaters or other outdoor concert facilities;

(2)

Amusement parks or theme parks;

(3)

Archery;

(4)

Batting cages;

(5)

Bungee jumping;

(6)

Drive-in theaters;

(7)

Fairgrounds or exhibition area;

(8)

Go cart track;

(9)

Golf driving ranges;

(10)

Miniature golf establishments;

(11)

Mock war games; and,

(12)

Water slides.

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 lumber yards, 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 Retail, Sales and Services means establishments which engage in the sale of general retail goods and 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 the sale of either general merchandise or convenience goods. The term includes uses that are comparable to the following:

(1)

Furniture and home furnishing stores;

(2)

Electronic and appliance stores;

(3)

Clothing and clothing accessory stores;

(4)

Hardware stores;

(5)

Paint and wallpaper stores;

(6)

Sporting goods, hobby, book and music stores;

(7)

Pharmacies;

(8)

Auto parts sales;

(9)

Food and beverage stores;

(10)

Department, home improvement, and general merchandise stores; and

(11)

Miscellaneous store retailers (e.g. florists, used merchandise stores, etc.).

Commercial School means for-profit or non-profit institutions that provide instruction in a specific trade, craft, academic subject, or technical skill. The term includes colleges or universities, business or trade schools, driving schools, cosmetology, barbering, plumbing, automotive technology, welding, culinary arts, or other similar programs. The term does not include public or private schools, or fine arts instruction as defined herein.

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 Home means a community-based residential home meeting the requirements of Chapter 123, Human Resources Code, which provides food and shelter, personal guidance and care, habilitation services, and supervision to not more than six persons with disabilities. The term excludes assisted living facilities that do not meet all the requirements established in Chapter 123, Human Resources Code.

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.

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 three or more dwelling units in a multiunit building, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. 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.

Contractor's Shop means an establishment of a general or specialty contractor that is used for the indoor repair, maintenance, fabrication, packaging, or storage of a contractor's vehicles, equipment, or materials, and may include the contractor's business office.

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.

Cottage Food Production means the production and sale of cottage food products as defined and governed by state statute and exempted from municipal zoning regulations.

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.

Day Care Center means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the day care center 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.

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-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.

Dry Cleaner means an establishment providing laundering, dry cleaning and/or custom cleaning of garments and other household materials (e.g., curtains, bedspreads) but only for customer drop-off and pick-up of items as the cleaning services are performed off premises.

Duplex means an attached residential building consisting of two single-family dwelling units (side by side or one on top of the other) which constitute an architectural whole, separated by a common wall on a single lot.

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. The use of any dwelling unit, regardless of type or zoning district, as a short-term rental (Airbnb, Vrbo, or similar) is prohibited.

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.

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.

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.

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 means land with or without farm animals, used for field crops, orchards, viniculture, and/or truck farming. The keeping of animals in these facilities shall adhere to the requirements of Chapter 14, Webster Code of Ordinances. Barns, silos, and storage sheds may be permitted as accessory uses.

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.

Fine Arts Instruction means uses that involve instruction or place designed for the practice of one of the fine arts including, but not limited to, drawing, vocal or instrumental music, painting, poetry, and other similar artistic disciplines not involving academic accreditation or vocational certification. Fines Arts instruction may be conducted as a home occupation. The term does not include a commercial school.

Floor Area, Gross means the area of all floors in a building, extended to exterior walls, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features, and not including the area of voids between floors

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

Floor Area, Ratio 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.

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 freight terminal is a truck terminal or freight depot.

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.

Golf Course means a tract of land or course for playing golf consisting of a series of holes improved with tees, greens, fairways, hazards, and accessory golf support facilities. The term does not include driving ranges or miniature golf.

Greenhouse or Nursery, Retail means a retail establishment offering for sale plants grown on premises and off premises, and associated products related to the care and maintenance of landscapes (e.g., soil, planters, pruners, mulch, or rock, but not power equipment).

Greenhouse or Nursery, Wholesale means a facility for the storage, growing and care of plants and landscape materials for sale to retail nurseries, landscapers, or other commercial buyers (sales to the general public are minimal or incidental).

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 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.

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/Fitness Club means uses that involve instruction or facilities for physical fitness or related activities. Such uses include membership gymnasiums (with or without personal training instruction), and instruction in yoga, dance, boxing, weight training, aerobic exercise, martial arts, or similar uses. The term may include enclosed facilities for the training of sports including but not limited to basketball, wrestling, soccer, tennis, volleyball, racquetball, or handball. The term does not include Arena/Stadium.

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

Heavy Industry means manufacturing, processing, repair, maintenance, storage, treatment of materials, or fabrication operations that may be conducted in enclosed facilities or open areas with outside storage. Such operations often involve the use of heavy machinery, hazardous materials, and/or activities which may generate noise or dust, perceptible ground vibration, smoke, odor, glare, or other environmental effects. Heavy industry includes all other types of manufacturing, processing, repair, maintenance, storage, treatment of materials, or fabrication operations not specifically regulated herein and that exceed the intensity, scale, or impact associated with light industry uses. For illustrative purposes, heavy industry uses include, but is not limited to:

(1)

Concrete or asphalt batch plants;

(2)

Sawmills and pulp mills;

(3)

Meat and seafood processing plants;

(4)

Oil tool manufacturing;

(5)

Recycling facility or scrap metal processing;

(6)

Outdoor equipment or vehicle dismantling;

(7)

Electroplating facilities;

(8)

Hazardous or toxic waste processing;

(9)

Railroad yards; and

(10)

Drycleaner processing plants that use PERC (the chemical solvent Perchloroethylene, an alternate name for Tetrachloroethylene, that is also commonly referred to as "dry-cleaning fluid") or comparable petrochemical solvents.

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 except cottage food production as defined herein, 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/Motel means an establishment offering lodging for transient occupancy. These establishments may provide ancillary uses such as conference and meeting rooms, ballrooms, restaurants, and similar amenities. The term does not include a bed and breakfast establishment or boarding or lodging house.

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.

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.

Library means a building containing printed and electronic information, and pictorial material for the public use and purpose of study, reference, and recreation.

Light Industry 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, negligible external effects or risks, and limited outside storage screened from public view. Vehicles associated with the operations may be parked on the property overnight as needed. For illustrative purposes, light industry uses include, but is not limited to:

(1)

Assembly, disassembly, or refurbishing of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;

(2)

Manufacture of textiles or apparel;

(3)

Screen printing of apparel;

(4)

Data centers, server farms, and telephone exchange buildings;

(5)

Food and beverage production and packing such as commercial bakeries, ice plants, bottling plants, canning facilities, and similar businesses, but excludes meat and seafood processing;

(6)

Furniture making or refinishing;

(7)

Printing and publishing operations, except printing presses that require a Texas Clean Air Act Permit or a Federal Clean Air Act Permit (this is heavy industry);

(8)

Commercial cleaning, dyeing or laundry plant;

(9)

Machine Shops; and

(10)

Aerospace industry support services, except full-scale manufacturing or fabrication of aircraft, spacecraft, or propulsion systems.

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 Depth means the length of a line connecting midpoints of the front and rear lot lines. Lot depth is measured as the mean horizontal distance between 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 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, 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 Line, Side means any boundary of a lot which is not a front lot line or a rear 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 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. Lot width is measured at the front building line.

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

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

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

Lumber Yard with Outside Storage means an establishment primarily engaged in the sale, storage and distribution of finished or rough-cut lumber and lumber products, but not including the active manufacturing or fabrication of lumber, or processing raw materials on-site. Outside storage of lumber is permitted provided all materials are stored in a manner that does not create visual or environmental impacts on adjacent properties. The term does not include home improvement stores/centers, which is considered commercial retail, sales and service.

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.

Major Arterial Street means a street connecting a major collector street to a freeway or state highway, as described in the Thoroughfare Plan/Comprehensive Plan.

Major Collector Street means a street connecting residential areas to major arterial streets, as described in the Thoroughfare Plan/Comprehensive Plan.

Manufactured Home Park (mobile home). See Manufactured Home, Mobile Home Parks, and Recreational Vehicle Parks Ordinance (Chapter 50, City of Webster Code of Ordinances).

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 massage. 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.

Mini-Storage Facility means a building or group of buildings that are used for the indoor storage of personal property or records, where individual owners or tenants control individual storage spaces.

Minor Collector Street means a street serving multiple-family residential areas as described in the Thoroughfare Plan/Comprehensive Plan.

Minor Residential Street means a street serving single-family residential areas as described in the Thoroughfare Plan/Comprehensive 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.

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.

Municipal or Public Building means a building or group of buildings owned, leased, or operated by the city, county, state, or federal government. The term includes, but is not limited to, city halls, administrative buildings, courthouses, police and fire stations, and public works facilities.

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.

Nursing/Convalescent Facility means an establishment meeting the requirements of Chapter 242, Health and Safety Code, that furnishes in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment. These Facilities shall provide:

(1)

Minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter, and laundry.

Office means uses in which professional, business, information processing or financial services are provided. The term does not include bail bond service uses. The term includes uses such as:

(1)

Accounting, auditing and bookkeeping;

(2)

Administration of businesses (e.g., corporate headquarters);

(3)

Advertising and graphic design;

(4)

Architectural, engineering, urban planning and surveying services;

(5)

Attorneys and court reporters;

(6)

Banks, mortgage companies and financial services;

(7)

Call centers;

(8)

Computer programming;

(9)

Counseling services;

(10)

Data processing and word processing services;

(11)

Detective agencies;

(12)

Reserved.

(13)

Insurance sales (excluding claim centers);

(14)

Interior design;

(15)

Real estate sales and leasing;

(16)

Research and development that does not include hazardous materials handling or operations; and

(17)

Travel agencies.

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/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 means a non-commercial, not-for-profit facility designed to serve the recreation needs of the residents of a community, subdivision, or development. Such facilities include neighborhood parks, community parks, and regional parks. Such use may include play equipment for children, ball fields, court games, picnic tables, restroom facilities, open-air structures, and similar facilities.

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 and sufficient in size to store one automobile.

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, and is engaged in the business of:

(1)

Lending money on the security of pledge goods; or

(2)

Purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.

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.

Personal Service Shop means an establishment primarily engaged in providing services directly to individuals on a one-on-one basis, not selling products. The term includes barber shops, beauty and nail salons, tailors, tanning salons, psychic reading, and other similar service uses. The term does not include a medical office facility, massage establishment, tattoo shop, sexually oriented business, or other service related uses specifically regulated herein.

Petroleum Storage Facility means the storage of petroleum products in above ground or below ground storage containers used in industrial processes designed for wholesale distribution or mass consumption, and may be distributed by closed-circuit piping.

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 of Private Assembly means a structure, or part of a structure, that can be temporarily rented for private gatherings (e.g., receptions, private parties, reunions, meetings/conferences).

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.

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 Swimming Pool means any swimming pool other than a private swimming pool.

Public Utility Facility, Major means a large-scale facility owned or operated by the city, or a utility provider franchised or authorized by the city, used for the production, treatment, storage, or transmission of public utility services to multiple neighborhoods or the entire community. The term may include water or wastewater treatment plants, power generation plants, electric substations, and similar facilities that generally produce external impacts, or have heightened environmental or safety considerations.

Public Utility Facility, Minor means a facility owned or operated by the city, or a utility provider franchised or authorized by the city, used for the local distribution of utility services to an individual neighborhood or small service area, and having minimal operational impact on surrounding properties. The term may include water pump stations, lift stations, underground vaults, small utility boxes, and similar small-scale facilities. These facilities must be fully screened from public view and designed to minimize noise and visual impact, unless the city determines that such screening is impractical due to operational or safety constraints.

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.

Recreation Facility, Public means a city-owned or city-operated facility that provides indoor or outdoor recreation opportunities for the public (open to the community). The term includes uses such as:

(1)

Community recreation centers;

(2)

Gymnasiums;

(3)

Community swimming pools; or

(4)

Tennis, racquetball and handball courts, or ball fields (not part of a park).

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

RV Park means any duly licensed plot of ground upon which space is provided for a minimum of six recreational vehicles in conformance with an approved plan as provided in the Manufactured Home, Mobile Home Parks, and Recreational Vehicle Parks Ordinance (Chapter 50, City of Webster Code of Ordinances). Spaces provided in such a park may accommodate recreational vehicles. Individual spaces are provided for the parking of one recreational vehicle per space for temporary portable housing purposes, whether or not a charge is made for such accommodation.

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.

Restaurant shall have the same meaning as Restaurant, Drive-in/Through; Restaurant, Full Service; Restaurant, Limited Service or Fast Food; and Restaurant Quick Serve.

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

No inside tables or counters for customers to eat, 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 buildings or fences at least six feet high and suitable to stop blowing of papers.

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.

Retirement Home/Senior Living Facility means a specialized facility for the elderly who are generally independent or self-sufficient, but may require minimal assistance with daily activities. These facilities may provide services and activities, fostering social interaction, and promoting a sense of community for their residents. The term does not include a community home, or a nursing/convalescent facility.

School, College or University means an institution that provides full-time or part-time education beyond high school that grants associate, bachelor, or higher degrees.

School, Private means an institution operated by a private individual, corporation, or organization for primary and secondary educational purposes, and offering a curriculum similar to the public schools of the state. The term does not include commercial schools, colleges, or universities.

School, Public means an institution 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.

School, Trade or Vocational means a 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 means, unless stated otherwise, 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.

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. 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.

Spa. See "Private swimming pool."

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.

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. The term does not include permanent or semi-permanent cosmetic procedures such as microblading and microshading, lip blushing, and similar procedures.

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/Trailer Sales or Rental means a business engaged in the sale or rental of commercial vehicles and trailers.

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 and the building official, per adopted building codes, to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractor's field offices and equipment sheds, carnivals, Christmas tree sales, and flea markets. The building official may permit other temporary uses that are similar to those described herein; however, temporary uses, as approved by the building official, may not exceed a total operating period of 180 days.

Variance means a deviation from the height, area, setback, or other dimensional yard requirements established by this Code. Dimensional yard requirements include lot width and depth, lot coverage, and other spatial characteristics of a lot or site.

Warehouse, Wholesale or Storage means a building or premises in which goods, merchandise or equipment are stored for eventual distribution. The terms does not include a mini-storage facility.

Washateria means an establishment where facilities are available for customers to complete their own laundering with limited assistance.

Wedding Chapel means an establishment that primarily provides the facilities and services for weddings on a commercial basis. The term does not include churches and similar congregations where weddings are an ancillary use.

Wireless Telecommunication Facility means any exterior apparatus, located on property other than city rights-of-way, designed for wireless radio, television, microwave, or telephonic communication through the sending and/or receiving of electromagnetic spectrum waves.

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 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.

Zoning Official means the person otherwise duly designated to administer the provisions 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; Ord. No. 25-08, § 2(Att. D), 9-2-25)

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)