TABLE 1. SCHEDULE OF PERMITTED USES

P—Permitted by right.

S—Permitted with special use permit only.

PSR—Permitted, except that a special use permit is required when the subject property is within 200 feet of a lot which is used or zoned for residential purposes.

S2+—Permitted with special use permit only. Second floor and above only.

Permitted uses in a planned development (PD) district shall be identified in the ordinance that establishes that particular district.

(1) See section 98-72 for specific distance separation requirements.

(Ord. No. 98-03, § 1(Exh. A, § 4), 3-17-98; Ord. No. 98-11, § 1, 6-16-98; Ord. No. 98-25, § 1, 10-6-98; Ord. No. 99-05, § 1, 2-16-99; Ord. No. 00-01, § 1, 1-4-00; Ord. No. 00-15, § 1, 5-2-00; Ord. No. 00-31, § 1, 9-5-00; Ord. No. 02-11, § 1, 8-6-02; Ord. No. 03-04, § 1, 2-18-03; Ord. No. 03-06, § 1, 3-18-03; Ord. No. 06-06, § 1, 4-4-06; Ord. No. 06-25, § 1, 10-17-06; Ord. No. 09-17, § 1, 11-3-09; Ord. No. 10-03, § 1, 6-1-10; Ord. No. 11-02, § 1, 6-21-11; Ord. No. 12-06, § 1, 6-19-12; Ord. No. 13-10, § 1, 8-6-13; Ord. No. 14-03, § 1, 4-1-14; Ord. No. 17-03, § 1, 4-4-17; Ord. No. 19-10, § II, 8-20-19;Ord. No. 22-04, § 1, 6-21-22; Ord. No. 23-13, § 2, 5-16-23; Ord. No. 25-08, § 2(Att. D), 9-2-25)

Location restrictions: The following distance separation requirements shall be measured in a straight line in all directions from the building; unless the existing use is located in a multi-tenant building, then a straight line measurement in all directions shall be measured from the tenant space or in the case of a public school this measurement shall be from the parcel(s) of the school (including play areas).

(1)

Apartments/Condominiums: A new apartment/condominium development shall not be located within 2,000 feet of an existing apartment/condominium development.

(2)

Bail Bond Service: A new bail bonds service shall not be located within 2,000 feet of a public school or an established bail bonds service.

(3)

Credit Access Business: A new credit access business shall not be located within 2,000 feet of a public school or an established credit access business.

(4)

Community Home: A new community home shall not be located within one-half mile of an existing community home.

(5)

Headshop: A new headshop shall not be located within 2,000 feet of a public school or an established headshop business.

(6)

Precious Metal Dealer (gold exchange): A new precious metal dealer (gold exchange) shall not be located within 2,000 feet of a public school or an established precious metal dealer.

(7)

Tattoo Shop: A new tattoo shop business shall not be located within 2,000 feet of a public school or an established tattoo shop.

(8)

Smoke Shop: A new smoke shop shall not be located within 2,000 feet of a public school or an established smoke shop.

(9)

Mini-Storage Facility: Any new mini-storage facility, shall not be located within 2,000 feet of an established mini-storage facility. The distance separation shall be calculated from nearest property line of each business measured in a direct line.

(10)

Massage Establishment: A new massage establishment described by definition contained in section 98-4, shall not be located within 2,000 feet of a public school or an established massage business:

a.

Additional services. Any existing business or establishment pursuing the addition of services to perform massages shall comply with the 2,000-foot distance separation requirement from a public school or an established massage business.

b.

Licensee. The person to whom a license has been issued to own or operate a massage establishment as defined herein.

1.

Massage therapist. An individual who holds a valid license issued by the State of Texas to practice or perform massage therapy. All massage therapists must have a valid license issued by the State of Texas.

c.

Inspection. City law enforcement personnel, fire marshal and chief building official during business hours and at other reasonable times to ensure compliance with this ordinance, may inspect the premises of each massage establishment. The refusal to permit such an inspection shall be sufficient reason for revocation of a massage establishment license by the aforementioned city representatives.

d.

Revocation. Any massage establishment which has been issued a special use permit under this article may be revoked by the city manager or his/her designee for a violation of this chapter, any ordinance of the city, or any law of the state.

e.

Nontransferable permits. No person shall operate a massage establishment under the authority of an approved special use permit by the mayor and city council at any place other than the address of the massage establishment stated in the application for the special use permit. Additionally, a special use permit to operate a massage establishment may not be transferred from person to person.

(11)

Poker Club: A new poker club described by definition contained in section 98-4, shall not be located within 2,000 feet of a public school or an established poker club:

a.

Additional restrictions. In the event an existing poker club ceases to operate, changes the name, or changes ownership, a special use permit will be required to re-establish the operations under this article.

(Ord. No. 14-03, § 1, 4-1-14; Ord. No. 17-03, § 1, 4-4-17; Ord. No. 19-10, § III, 8-20-19; Ord. No. 22-04, § 1, 6-21-22; Ord. No. 25-08, § 2(Att. D), 9-2-25)

Editor's note— Ord. No. 23-02, § 1, adopted Jan. 3, 2023, repealed § 98-73, which pertained to mobile food truck regulations and derived from Ord. No. 13-06, § 1, adopted Apr. 2, 2013; Ord. No. 14-03, § 1, adopted Apr. 1, 2014)