Westworth Village City Zoning Code
ARTICLE 1
IN GENERAL
§ 14.1.1 Title and Purpose.
This Chapter shall be known and may be cited as the City of Westworth Village “Comprehensive Zoning Ordinance” or “Zoning Ordinance.” For purposes of clarity, the term “Ordinance” as used herein shall include any and all amendments to the original Ordinance No. 167. As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made for the purpose of promoting the public health, safety, morals and general welfare within the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.
(Ordinance 398 adopted 8/9/16; Ordinance 449, sec. 1, adopted 8/13/19)
§ 14.1.2 Zoning District Map.
A.
The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the “Zoning Map,” said map being adopted as a part of this Chapter as fully as if the same were set forth herein in detail.
B.
One original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as “Official Zoning Map of the City of Westworth Village, Texas - Ordinance No. 398.” This copy shall be the official Zoning District Map and shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 14.1.2 of the Zoning Ordinance, Ordinance No. 398 of the City of Westworth Village, Texas.” This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.
C.
A copy of the official Zoning District Map shall be placed in the office of the City Administrator or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official Zoning District Map or this copy.
(Ordinance 398 adopted 8/9/16; Ordinance 449, sec. 1, adopted 8/13/19)
§ 14.1.3 Zoning District Boundaries.
A.
The zoning district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules shall apply:
1.
Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
2.
Boundaries shown as approximately following platted lot/tract lines shall be construed as following such lot/tract lines.
3.
Boundaries shown as approximately following City limits shall be construed as following such City limits.
4.
Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines.
5.
Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainageways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines.
6.
Boundaries shown as parallel to, or extensions of, features described in Subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map.
7.
Whenever any street, alley or other public way is vacated by official action of the City Council, or whenever such area is used for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
8.
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
9.
Where physical features on the ground are at variance with information shown on the Zoning District Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections (1) through (8) above, then the Planning and Zoning Commission shall interpret and recommend to the City Council the appropriate zoning district boundaries.
10.
Zoning changes which are still valid and which were made between the effective date of the previous Zoning Ordinance and the effective date of this Chapter are indicated in approximate locations on the Zoning District Map. For exact legal descriptions, refer to the adopting ordinances for each particular zoning change.
(Ordinance 398 adopted 8/9/16; Ordinance 449, sec. 1, adopted 8/13/19)
§ 14.1.4 Compliance Required and Application of Regulations.
A.
All land, buildings, structures or appurtenances thereon located within the City of Westworth Village, Texas, which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties as per Section 14.5.3 of this Chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.
B.
No uses shall be allowed which are prohibited by State or Federal law or which operate in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), U.S. Army Corps of Engineers, or any other applicable State or Federal agency, as the case may be.
C.
The City of Westworth Village shall consider the appropriateness of all uses, construction standards and dimensional standards (including height) of any property which may be included within the Naval Air Station, Fort Worth, Joint Reserve Base Air Installation Compatible Use Zones (AICUZ).
D.
No lot/tract upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Chapter, nor shall a part of a yard or other open space required by this Chapter for any building/lot/tract be included as a part of a yard or other open space similarly required for another building/lot/tract.
E.
No building shall hereafter be erected or altered:
1.
To have more narrow or smaller front, side or rear yards than those required by this Chapter;
2.
To exceed the maximum height allowed by this Chapter;
3.
To occupy a greater percentage of lot/tract area than allowed by this Chapter; or
4.
To accommodate or house a greater number of families than is specified within this Chapter for the zoning district in which such building is located.
(Ordinance 398 adopted 8/9/16; Ordinance 449, sec. 1, adopted 8/13/19)
§ 14.1.5 Definitions.
For the purpose of this Chapter, certain terms and words are to be used and interpreted as defined in this section. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word “shall” is mandatory and not directory. For any term or use not defined herein, Webster’s Dictionary (latest edition) shall be used.
means, in nonresidential districts, a subordinate building used for purposes incidental to and in conjunction with the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building.
means, in a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse, home workshop, children’s playhouse, storage building, garden shelter, etc.
means a use that is customarily incidental, appropriate and subordinate to the principal use of land or buildings and that is located upon the same lot/tract therewith.
means a place where aircraft can land and take off that is usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
means a minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may also be used for public utility purposes.
means the provision of private emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.
means any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent (10%) of the public floor area is devoted to three or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffleboards, pool tables or other similar amusement devices. However, the term “amusement device,” as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.
means an amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.
means an amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.
means a retail establishment engaged in the selling of works of art, furniture and/or other artifacts of an earlier period, with all sales and storage occurring inside a building.
means an institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.
any variety of synthetic, carpetlike materials made to resemble turf/grass and used as a playing surface or in place of living plant materials.
means a congregate residence facility for ten or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single-occupancy or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis.
means leasing of automobiles, motorcycles, and light load vehicles. No outside storage is permitted.
means a structure used to wash motorcycles, automobiles and light load vehicles.
means the use of any building or other premises for the primary display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. No outside storage is permitted.
means storage of vehicles for the purpose of renting automobiles or light trucks.
means retail sales of new or used automobiles or light load vehicles and the service of new or used vehicles.
means the storage or impoundment, on a lot/tract or tract which is paved in accordance with parking lot/tract paving requirements set forth in this Chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles.
means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, light duty trucks and sport utility vehicles, vans and minivans, motor scooters and motorcycles.
means minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.
means an establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.
means general repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under “Automobile repair, minor” and other similar uses.
means minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under “Automobile repair, major” or any other similar use. Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period as determined by Section 8.05.001.
means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under “Automobile repair, minor.” Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period as determined by Section 8.05.001.
means a facility less than 1,500 square feet for the production and/or sale of baked goods.
means a manufacturing facility over 1,500 square feet for the production and distribution of baked goods and confectioneries intended for off-premises distribution.
means an establishment open to the general public for dancing.
means an establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds.
means a structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.
means a portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground prior to berming, using measurements taken at each corner of the building which meets the ground or when subdivided and used for commercial or dwelling purposes, other than a janitor employed on the premises.
means a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five rooms for transient guests for compensation.
means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Administrator or his/her designee shall determine the outline of the block.
means a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.
See “Lot/tract” definition.
means any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.
means a residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises.
means outdoor or indoor commercial amusement provided on a temporary basis.
means a structure that is open on a minimum of three (3) sides and designed or used to shelter vehicles; also referred to as “covered parking area.”
means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbarium’s crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
means the same as cemetery except only for the burial of dead animals.
means an official certificate issued by the city through the City Administrator or his/her designee which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.
means a commercial institution or place designed for the care or training of 12 or more unrelated children under 14 years of age for less than 24 hours a day.
means a building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises. For the purposes of this Chapter, religious study and other similar activities which occur in a person’s primary residence shall not apply to this definition.
means the City of Westworth Village, Texas.
means the inspector or administrative official charged with responsibility for issuing permits and enforcing this Chapter and building code of the City.
means the governing body of the City.
means a building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a government agency.
means an industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.
means a custom cleaning shop not exceeding 2,500 square feet of floor area and may include customer self-service laundry and cleaning.
means an institution established for educational purposes, accredited or recognized by the state, offering courses for study beyond the secondary education level and covering a program or series of programs of academic study.
See “Amusement, commercial (indoor).”
See “Amusement, commercial (outdoor).”
means a building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.
means a place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the state department of mental health and mental retardation (also see Chapter 123 of the Texas Human Resources Code, as amended).
means the plan adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City.
means a permanent manufacturing facility for the production of concrete.
means a temporary manufacturing facility for the production of concrete during construction of a project, and to be removed when the project is completed.
means a housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.
means a building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.
means a retail establishment selling a limited selection of prepared food or groceries for off-premises consumption, sundries and possibly gasoline, if pumps are provided. This establishment does not include or offer any automobile repair services.
means an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.
means a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.
means an open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.
means the lot/tract area covered by all buildings located thereon, including the area covered by all overhanging roofs.
means a tailor, dressmaker, shoe shop, barbershop, beauty shop or similar shop offering custom service.
means a facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.
means the total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.
means having no physical connection above the top of the floor line of the first floor with any other building or structure.
means a building or facility used for the storage and distribution of wholesale items/products.
means an establishment for the production, display and sale of draperies and soft coverings for furniture.
means any building or portion thereof, which is designed or used as living quarters for one or more families.
see "Single-family dwelling, attached."
means the term as defined Tex. Health & Safety Code § 161.081(1-a). The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia. For clarity, "e-cigarette" includes the device and its component parts described above regardless of the substance it delivers.
means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
means public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children, such as the Head Start Program.
means a subsidiary station in which electric current is transformed.
means a dedicated, marked space that is to be used exclusively for the charging of electric vehicles and containing equipment that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device located onboard an electric vehicle. Vehicles that are inoperative or are being repaired may not remain parked in these spaces for a period as determined by section 8.05.001.
means a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.
means an area or space either outside or within a building for the display of topic-specific goods or information.
means individuals living together as a single housekeeping unit in which not more than four individuals are unrelated to the head of the household by blood, marriage, or adoption.
means a facility that regularly provides care in the caretaker’s own residence for not more than six children under 14 years of age, excluding the caretaker’s own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker’s own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Texas Human Resources Code, as amended, and in accordance with such standards as may be promulgated by the State Department of Human Resources.
means an area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
means an establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.
means any public service building of the municipal government including a library or city hall, but excluding storage yards, utility shops and equipment centers.
means an area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM, Flood Insurance Rate Map of the city.
means the total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.
means the floor area of a main building or buildings on a lot/tract, divided by the lot/tract area.
means an establishment for the display and retail sale of flowers, small plants and accessories.
means a manufacturing or light industrial use that primarily deals with the processing and packaging of food products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products created and packaged on the premises may be allowed as an accessory use.
means a retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food for off-premises consumption may be sold only as a secondary or accessory use.
means a utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the city.
means an organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.
See “Yard, front.”
means a place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
means a retail store selling goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.
means a residential dwelling unit attached to or over a garage but not attached to the main residential structure.
means an accessory building, or a part of a main building, that is enclosed on at least three sides, used for storage of automobiles and used solely by the occupants and their guests. Also called “enclosed parking space.”
means a facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.
See “Automotive gasoline or motor fuel service station.”
means establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.
See “Industrial, manufacturing.”
means this major group includes retail stores which sell a number of lines of merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (also see “Retail shop”).
means an area improved with trees, greens, fairways, hazards, and which may include clubhouses.
means a building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.
See “Motor freight company.”
means a self-propelled vehicle having a manufacturer’s recommended gross vehicle weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term “truck” shall be construed to mean “heavy load vehicle” unless specifically stated otherwise.
means a building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.
means an area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.
means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.
means a home where elderly people are provided with lodging and meals without nursing care being a primary function.
means any activity carried out for gain in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes as described within Section 14.4.39.
means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities. Hospitals can be limited purpose establishments, such as:
Acute care
means an institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the state.
Chronic care
means an institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the state.
means the maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.
means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Chapter 247 of the Texas Health and Safety Code, as amended (Personal Care Facility Licensing Act), and Chapter 123 of the Texas Human Resources Code, as amended (Community Homes for Disabled Persons Location Act), as they presently exist or may be amended in the future.
means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.
means establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power-driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.
means:
A residential structure that is:
Designed for the occupancy of one or more families;
Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
Industrialized housing includes the structure’s plumbing, heating, air conditioning, and electrical systems.
Industrialized housing does not include:
A residential structure that exceeds three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;
Housing constructed of a sectional or panelized system that does not use a modular component; or
A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
means an institution offering outpatient treatment to alcoholic, narcotic or psychiatric patients.
means an establishment with indoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.
means an establishment with outdoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.
means an establishment where more than three children are housed for care and/or training during the day or portion thereof.
means a small, freestanding, one-story structure having a maximum floor area of one hundred (100) square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of fifty (50) square feet.
means, generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this Chapter, generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a “kitchenette” which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).
means a facility that makes or produces equipment or products used for research or testing.
means an establishment that engages in research, testing or evaluation of materials or products, but not medically-related (see “Medical facilities” and “Medical laboratory”).
means material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.
means a facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.
means a self-propelled vehicle having a manufacturer’s recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pickup trucks, sport utility vehicles, vans and minivans, recreational vehicles (less than thirty-two (32') feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.
means an off-street space or berth used for the delivery and loading/unloading of vehicles.
means the facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad-mounted and pole-mounted transformers.
means a platted (as specified in Chapter 212 of the Texas Local Government Code, as amended) parcel of land that is occupied or intended to be occupied by one main building or a group of main buildings and any accessory building, which includes such parking, landscaping and open space as are required by this Chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street.
means the total area, measured on a horizontal plane, included within lot/tract lines.
means a lot/tract which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
means the mean horizontal distance between the front and rear lot/tract lines which create an area that meets the zoning district’s minimum width and depth requirements.
means a lot/tract having frontage upon two non-intersecting streets, as distinguished from a corner lot/tract.
means a lot/tract having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet. Flag, or panhandle, lot/tracts are typically discouraged.
means that dimension of a lot/tract or portion of a lot/tract abutting onto a street, excluding the side dimension of a corner lot/tract.
means a lot/tract other than a corner lot/tract.
means a corner lot/tract whose exterior side is adjacent to the front yard of another lot/tract.
means the narrower side of the lot/tract abutting a street. Where two lot/tract lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot/tract frontage. For a lot/tract which has a boundary line which does not abut the front street line, is not a rear lot/tract line, and lies along the same general directional orientation as the front and rear lot/tract lines, said line shall be considered a front lot/tract line in establishing minimum setback lines.
means the lot/tract line farthest from and most parallel to the front lot/tract line. For triangular lot/tracts, the point opposite the front lot/tract line shall be considered the rear lot/tract line and have a value of zero.
means any lot/tract line not the front or rear lot/tract line.
means the lines bounding a lot/tract as defined in this Section.
means a lot/tract which is part of a subdivision, the plat of which has been recorded in the office of the county clerk.
means the horizontal distance measured between side lot/tract lines parallel to the front lot/tract line, and measured from the point on the building line which is closest to the front lot/tract line.
means the building or buildings on a lot/tract which are occupied by the primary use.
means the offering for sale, storage, or display of new or previously owned moveable manufactured housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis. Manufactured housing means any one of two types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user’s permanent site, and which are regulated by the Texas Manufactured Housing Standards Act, Chapter 1201 of the Texas Occupations Code, as amended. For the purpose of this Chapter, there are two types of manufactured homes:
Mobile home
means a moveable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.
HUD-Code manufactured home
means a moveable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a moveable manufactured home that was constructed after June 15, 1976.
means a parcel of land not less than three (3) acres nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for short-term or long-term occupancy by manufactured or mobile homes, trailers and/or recreational vehicles (including travel trailers) in designated spaces. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
means a plot/tract of ground within a manufactured housing park, or manufactured housing subdivision which is designed for the accommodation of one manufactured or mobile home, trailer or RV unit.
means a parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned mobile home units or HUD-Code manufactured homes on platted lot/tracts which can be purchased outright by the owners of the mobile home units. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
means that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows.
means property used for the interring of the dead and where bodies are interred above ground in stacked vaults.
means:
Medical clinic or office
means a facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.
Dental office or doctor's office
means the same as “medical clinic.”
Massage establishment
means any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state 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, or tub, shower or cabinet baths. Equivalent terms for “massage therapy” are massage, therapeutic massage, massage technology, myotherapy or any derivation of those terms. Massage 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.
Public health center
means a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
Sanitarium
means an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.
Surgical outpatient facility
means an establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.
Medical laboratory
means an indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.
means small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.
means a person under 21 years of age.
See "Medical clinic or office."
means a dwelling in a developing subdivision, located on a legal lot/tract of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.
means a facility offering temporary lodging accommodations or guestrooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A “guestroom” shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.
means a company using trucks or other heavy load vehicles to transport goods, equipment and similar products. The term “motor freight company” includes companies that move residential or commercial belongings.
means any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.
means a usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this Chapter, motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.
means the display, sale and/or servicing, including repair work, of motorcycles.
means three or more dwelling units on a single lot/tract designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadraplex), as well as traditional apartments.
means any area, land, building, structure and/or facility which is owned, used, leased or operated by the city.
means a building, structure, or use of land lawfully occupied as of the effective date of this Chapter, which does not conform to the use regulations of the district in which it is situated.
means an establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.
See “Skilled nursing facility.”
means the use or intended use of the land or buildings by proprietors or tenants.
means off-street parking spaces provided in accordance with the requirements of this Chapter, located on the lot/tract or tract occupied by the main use or within 150 feet of such lot/tract or tract, and located within the same zoning district as the main use or in an adjacent parking district.
means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.
means an establishment with no more than twenty-five percent (25%) of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
means an establishment with more than twenty-five percent (25%) of the total floor area devoted to storage and warehousing, but not generally accessible to the public.
means a room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations; but excluding medical offices. A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations; but excluding medical offices. [sic]
means access to a property, other than from a dedicated street, which is approved by the city.
means outside temporary display of finished goods that are specifically intended for retail sale but not displayed outside overnight.
means the keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot/tract or tract for more than twenty-four (24) hours. Also referred to as open storage.
means a commercial establishment where painting services are performed, but not automotive-related painting services. (For automotive-related painting services see “Automobile repair, major.”)
means any unplatted tract of land, or any portion of an unplatted tract of land (also see “Tract”).
See “Private recreation facility.”
See “Public recreation.”
means an off-street, ground level area, paved in accordance with city parking lot/tract standards, for the short-term or long-term storage of motor vehicles.
means an area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.
means an off-street area, paved in accordance with city parking lot/tract standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.
means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily pre-owned items are also allowed, provided that the sale of such items complies with local, state and federal regulations.
means establishments less than 2,000 square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his apparel and including, but not limited to, barber/beauty shops, dressmaking, shoe shining and repair, dry cleaning and laundry pickup stations, tailor or seamstress services, and other similar types of uses. No outside storage permitted.
means a retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.
means a facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.
means planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.
means an agency appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. The planning and zoning commission is also referred to as the “commission.”
means a plan showing the subdivision of land, creating building lot/tracts or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the city, and which is approved by the city and recorded in the plat records of the county.
See “Lot/tract” and “Lot/tract of record.”
means an athletic field or stadium owned and operated by an agency other than the city or the school district.
means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.
means an establishment which displays and sells structures capable of being carried and transported to another location, but not including manufactured housing, as defined by this Chapter.
A roofed structure over a driveway, which connects to a primary or secondary building entrance, allowing a vehicle to pass through, or stop and discharge/load passengers while protected from the weather.
means land together with any buildings or structures situated thereon.
means the principal or predominant use of any lot/tract or building.
See “Main building.”
means an establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of Chapter 32 of the Texas Alcoholic Beverage Code, as amended, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
means a recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.
means a seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.
means work performed which is commonly identified as a profession, and which may be licensed by the state.
means sales of gaseous substances commonly used for household purposes such as propane and/or butane; includes the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.
means any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: the state, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the city is defined as “municipal facility or use.”
means publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in this Code.
means areas that can be seen from any public street.
See “Yard, rear.”
means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
means an establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.
means a self-propelled, mobile living unit which is typically used for temporary human occupancy away from the users’ permanent place of residence. A recreational vehicle may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also “Heavy load vehicle.”)
means an area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also “Manufactured housing park”)
means a small uninhabited structure, not to exceed one hundred twenty (120) square feet, or temporary container which provides a self-service location for the depositing of recyclable materials such as aluminum cans, glass bottles, magazines/newspapers, metal or plastic containers, etc.
Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers.
means a dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.
means the same as a dwelling; also, when used with district, an area of residential regulations.
means a multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, clubhouse, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this Chapter.
means a district where the primary purpose is residential use.
means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window.
means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which does not have a drive-through window.
means an eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
means the rendering of retailing or services incidental to the primary use. Such retail or service use shall be operated for the benefit of convenience of the employees, visitors or customers of the primary use. Incidental uses shall mean uses which occupy less than fifteen percent (15%) of the main use.
means an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Also see “General retail stores.”)
means a development providing self-contained dwelling units specifically designed for the needs of ambulatory elderly persons. Units may be rented or owner occupied. To qualify as retirement housing, a minimum of eighty percent (80%) of the total units shall have a household head fifty-five (55) years of age or greater. No long-term or permanent skilled nursing care or related services are provided.
means a building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.
See “Boardinghouse.”
means the reclamation and storage of used products or materials. (See also “Wrecking yard.”)
means the process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.
means a for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.
means a for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.
means a school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.
means a school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.
means shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.
means the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year.
means an accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.
means a group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.
See “Yard, side.”
means a dwelling that is part of a structure containing more than two dwellings, which is joined to another dwelling at one or more sides by a shared wall, which is designed for occupancy by one family, and which is located on a separate lot/tract delineated by front, side and rear lot/tract lines.
means a dwelling designed and constructed as a freestanding structure for occupancy by one family, and located on a lot/tract or separate building tract having no physical connection to a building located on any other lot/tract or tract.
means a residence providing primarily inpatient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.
means a shop for the repair of lawnmowers, chainsaws, lawn equipment, and other machines with one-cylinder engines.
means a stable used for the rental of stall space or for the sale or rental of horses or mules.
means an area used solely for the owner’s private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.
means a building used primarily for the storage of goods and materials.
means that portion of a building (above grade) that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. For the purposes of computing building height pursuant to this Chapter, the average height for a story shall be defined as twelve feet (12'). The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories of a building shall be measured from a point representing the average slope from front to back, or side to side, of the building.
means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.
means any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60').
means any street which joins another street at an angle, whether or not it crosses the other.
means the area between the building front line and the front property line.
means any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water[.]
means a building or portion of a building used as a place for radio or television broadcasting.
means, but is not limited to, an establishment which provides facilities and equipment which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only. No outside signage may be used to advertise accessory uses.
means a building or portion of a building used for selling and/or applying tattoos, permanent cosmetics, and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.
means the teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a specific use permit which may specify operating conditions and standards and which may limit the number of students and operating times.
means a swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.
means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced [sic]. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.
Stacked parking spaces a minimum of nine (9') feet wide and thirty-eight (38') feet long that includes an enclosed parking space (garage) and the driveway approach to the garage at least eighteen (18') feet in length outside of any public right-of-way or fire lane easement. Such tandem parking spaces shall be counted as two required parking spaces, up to a maximum of 50% of the required parking (25% garage and 25% stacked driveway space).
means a place of business where customers gather to drink alcoholic beverages on the premise, licensed by TABC category where less than 75% of sales come from food or non-perishables.
means an establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.
means a line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.
means used or lasting for only a limited period of time; not permanent.
means any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, and does not require on-site installation of utilities and/or foundation.
means a structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the City Administrator or his/her designee and shall be subject to review and renewal for reasonable cause.
means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the specific use permit.
means a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.
means an open lot/tract with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
means a retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.
means a retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.
means any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
means a building or a portion of a building used for the display and rental of tools, machinery and instruments.
means a single individual parcel or lot/tract.
See “Heavy machinery sales and storage.”
See “School, commercial trade.”
means a vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.
See “Manufactured housing, mobile home.”
See “Manufactured housing space.”
See “Manufactured housing park.”
means the display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.
means a portable or mobile living unit which is used for temporary human occupancy away from the users’ permanent place of residence, which does not constitute the users’ principal place of residence, and which is designed to be towed behind another vehicle.
means permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.
means a light or heavy load vehicle (see definitions for “Light load vehicle” and “Heavy load vehicle”).
means the rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.
means an establishment providing major and minor automotive repair services to heavy load vehicles.
means the display, sale or rental of new or used heavy load vehicles in operable condition.
means a facility for the parking, refueling and/or minor repair of heavy load vehicles, such as tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurants, restroom/showers facilities, and/or temporary sleeping quarters.
means an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. The term “truck terminal” may include facilities for the temporary storage of loads prior to shipment.
means two attached dwellings in one structure, each designed to be occupied by one family.
means an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten feet (10'), and may include landscaping, walks, recreational facilities, water features and decorative objects such as artwork or fountains.
means the purpose for which land or buildings are or may be occupied in a zoning district.
means facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the city or private utility company.
means a retail store that caters to vaping (e-cigarette) products and derives more than 40 percent (40%) of its sales revenue from the sale of e-juices, CBD oil, dry hemp, CBD products like gummies, tinctures, or tablets, vaping devices (including pens and pipes) and other vaping paraphernalia.
means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Texas Health and Safety Code. Items or devices classified as vaping paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of vaping paraphernalia.
means an adjustment in the application of the specific regulations of this Chapter to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustment of the city can grant a variance.
means an establishment where animals and pets are admitted for examination and medical treatment (also see “Kennels”).
means any lot/tract upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.
means an open space at grade between a building and the adjoining lot/tract lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot/tract line and the main building shall be used.
means an open, unoccupied space located in front of the front elevation of a building and extending across a lot/tract between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
means an open, unoccupied area extending across the rear of a lot/tract measured between the lot/tract lines and being the minimum horizontal distance between the rear lot/tract line and the rear of the outside wall of the main building. On both corner lot/tracts and interior lot/tracts, the rear yard shall in all cases be at the opposite end of the lot/tract from the front yard.
means an open, unoccupied area between the building and side line of the lot/tract and extending from the front lot/tract line to the rear lot/tract line and being the minimum horizontal distance between a side lot/tract line and the outside wall of the side of the main building.
means a board which is appointed by the city council, and which is authorized to grant special exceptions or variances to this Chapter, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter. Also referred to as the “BOA.”
means a classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.
(Ordinance 398 adopted 8/9/16; Ordinance 449, sec. 1, adopted 8/13/19; Ordinance 500 adopted 11/14/2023; Ordinance 507 adopted 1/9/2024)