This chapter shall be known, cited and referred to as the "Zoning Ordinance of the City of White Settlement."

(Code 2004, ch. 14, § 1; Code 2008, § 54-1)

The zoning regulations and districts provided herein have been established in accordance with a comprehensive plan, for the purpose of promoting the health, safety, morals, and general welfare of the citizens of the city. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.

(Code 2004, ch. 14, § 2; Code 2008, § 54-2)

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)

Conflict with other laws. Nothing in this chapter shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses that are now prohibited by law.

(2)

District boundaries. When definite distances in feet are not shown on the zoning district map, the district boundaries on the map are intended to be along existing streets, alleys or property lines or extensions of or from the same. When the location of a district boundary line is not otherwise specified, it shall be determined by scaling on the official zoning map and measuring from a given line.

(3)

Discrepancies in map. Where the street layout on the ground varies from the street layout as shown on the zoning district map, the board of adjustments and appeals may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question.

(4)

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

(Code 2004, ch. 14, § 3; Code 2008, § 54-3)

It is hereby declared to be the intention of the city council that the provisions of this chapter are severable. 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 the chapter not specifically included in said judgment. 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.

(Code 2004, ch. 14, § 4; Code 2008, § 54-4)

(a)

General interpretation. For the purpose of this chapter, certain terms and words are defined and shall have the meanings ascribed in this chapter unless it is apparent from the context that different meanings are intended.

(b)

Tense and number. Words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number;

(c)

Interpretation of certain words. The term "shall" is mandatory not directory; the term "may" is permissive; the term "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the term "used" means designed and intended or arranged to be used; the term "building" includes the word "structure;" the term "lot" includes "building lot" or "parcel." The term "occupied" means "occupied or intended to be occupied, or arranged or designed for occupancy." The term "including" means "including but not limited to." Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.

(Code 2004, ch. 14, § 5; Code 2008, § 54-5)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

General definitions.

Administrative official means the city manager or other designated authority charged with the administration and enforcement of this chapter, or his duly authorized representative.

Alley means a public minor way that is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Appraised value means the current appraised building value as established by Tarrant Appraisal District (TAD).

Basement means a building story which is partly underground but may have at least one-half of its height above the average level of the adjoining ground.

Block means property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.

Board means the board of adjustments and appeals.

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

Building ends means those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.

Building line means a line parallel or approximately parallel to the property line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Building official. See Administrative official.

Carport means a structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on three sides from roof to adjacent ground level in residential districts.

Certificate of occupancy and compliance means an official certificate issued by the city through the enforcing official that indicates conformance with or approved conditional waiver from the zoning regulations and building codes and authorizes legal use of the premises for which it is issued.

Commission means the planning and zoning commission of the city.

Council means the governing body of the city.

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 walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Coverage means the percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of two feet from the walls of a building shall be excluded from coverage computations.

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 necessary to the enjoyment of the premises for any of the principal uses permitted within a zoning district. A customarily incidental use may include a customary home occupation.

Development site means the tract of land on which a developer constructs physical improvements, as for example, a residential subdivision, a townhouse community, or a shopping village. In most cases, this involves subdividing one larger tract into a number of smaller parcels and constructing at least the infrastructure associated with the entire project.

District means a zoning district; a section of the city for which the regulations governing the area, height, and use of buildings and land are uniform.

DU means the abbreviation for dwelling unit.

DU/A means the abbreviation for dwelling unit per acre.

Dwelling unit means a room or a group of rooms including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.

Essential services means the erection, construction, alteration, or maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streetlights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including buildings or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the term "building" does not include structures for essential services.

Family means any number of persons living together as a single, nonprofit housekeeping unit in which not more than four individuals are unrelated by blood, marriage or adoption, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.

Fence means a structure that functions as a barrier or boundary, usually constructed of posts, boards, wires, rails, or masonry.

Flood means a temporary rise in stream flow or stage that results in water overtopping its bank and inundating areas adjacent to the channel.

Floodplain means the area outside the floodway that is still subject to inundation by the regulatory flood.

Floodway means the channel of a stream and adjacent land areas which are required to carry and discharge the floodwater of flood flows of any stream associated with the regulatory flood with an allowable maximum increase in water surface elevation above the regulatory flood of one foot.

Floor area means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports and garages. Floor area is also called living area.

Floor area ratio (FAR) means the ratio between the total square feet of floor area in a structure and the total square feet of land within the lot or tract on which the structure is located.

Grade, when used as a reference point in measuring height of building, means the average elevation of the finished ground at the exterior walls of the main building.

Ground floor area means the living area of a building including the walls thereof, but excluding all porches, open breezeways, and garages.

Hard, all-weather surface means cement, asphalt, brick and other commonly accepted pavement which may be approved by the building official.

Height of building means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, for gable, hip, and gambrel roofs.

BUILDING HEIGHT

Impervious coverage means any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

Improved surface means surfaces constructed of concrete or asphalt in accordance with the city's standards as set forth in this Code.

Infrastructure means structures built below, on, or approximately on the surface of the ground which provide the foundations for superstructures, or which provide services for building structures or for other utility purposes, for example, streets, water and sewer lines and their appurtenances, and storm drain systems.

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

Living area means the floor area of the enclosed parts of a dwelling unit, exclusive of garages, measured by the exterior dimensions.

Local utility line means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power, telephone or television service.

Lot area means the entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefor by this chapter and other applicable law.

Lot, corner, means a lot abutting on two intercepting or intersecting streets where the interior angle of intersection or interception does not exceed 135 degrees.

LOT TYPES

Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot depth means the average depth from the front line of the lot to the rear line of the lot.

Lot, double frontage, means a lot, other than a corner lot, which is contiguous to two streets, and which, therefore, has two front yards (same as a through lot).

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

Lot line means a boundary of a building lot.

Lot line, front, means the boundary between a lot and the street on which it fronts.

Lot of record means a lot which has been recorded in the office of the county clerk.

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

Lot, through, means a lot having its front and rear lines on different streets (same as a double frontage lot).

Lot width means the horizontal distance between the side lot lines of a lot, measured at right angles to the depth at the front building line.

Main building means a building in which the principal use of the lot on which the building is located is conducted.

Masonry and glass pane includes brick, stone, concrete block, concrete tilt wall, lath and stucco, or other such masonry products approved for exterior use and installed under the specifications contained under the city building code. In order to qualify as a masonry product in meeting any exterior wall surface construction requirement, the finished wall shall have a minimum thickness of seven-eighths inch of masonry; this does not include "Hardiplank," "Hardipanel" or other similar sheet masonry products. Glass pane shall include any glass product that is approved for exterior use and installed under the city's building code.

Mobile home lot means that part of a parcel of land (mobile home site) in a mobile home park which has been reserved for the placement of one unit of manufactured housing to be used as a single dwelling unit, whether the housing arrived in one or more sections.

Moved building means a previously constructed building that has been fitted for transportation or relocation. This shall include all finished buildings or sections thereof to be transported either to a storage site or a temporary location.

Nonconforming use means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

Open space means that land area that is relatively free of manmade structures, where water bodies, land forms, and vegetation predominate.

Open space, common, means that open space which is owned, used, or operated and maintained for the common benefit of the inhabitants of a development.

Open space, permanent, means that open space land which is legally restricted to park, floodplain, or other open space usage; or which is publicly-owned and utilized as open space.

Parking lot space means a hard, all-weather surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with the surfaced driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile. A parking lot space shall not occupy any public land or right-of-way.

Parkway area means that portion of the public right-of-way lying primarily between the edge of the pavement or curb and the private property line, often corresponding with an easement.

Particular matter means any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.

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

Recreational vehicle means a vehicle which is:

a.

Built on a single chassis;

b.

Self-propelled or permanently towable by a light-duty truck;

c.

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreation, camping, travel, or seasonal use.

Repackaging means a commercial establishment engaged in the receipt, short-term storage, repackaging and distribution of goods, products, cargo, produce or materials.

Screening device means a structure such as a fence or wall not less than six feet high nor greater than eight feet high which serves as a visual screen. A structure in excess of eight feet in height shall be deemed a wall and shall be subject to the provisions of the building code of the city.

Special use means the use of any building, structure, or land not specifically allowed by district regulations, but permitted as a special use in accordance with section 111-331.

Story means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet.

Story, half, means the topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a public or private thoroughfare that affords the principal means of access to abutting property.

Structural alteration means any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.

Structure means anything constructed or erected having location on or under the ground or attached to something having location on or under the ground.

Use means the purpose for which land or a building or structure thereon is designed, arranged, intended or maintained, or for which it is or may be used or occupied.

Use, accessory, means a subordinate use on the same lot with the principal use, and incidental and accessory thereto.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular piece of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property owners from being deprived of rights and privileges enjoyed by other property owners in the same vicinity and zoning district.

Yard means the portion of a building lot that lies essentially between the exterior wall surfaces of the principal building and the lot boundary lines.

Yard, front, means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.

Yard, rear, means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.

YARDS

Yard, side, means a yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.

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

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

(2)

Definitions for uses.

Accessory building means a subordinate building attached or detached and used for a purpose customarily incidental to the main structure, located on the same lot, such as a private garage for automobile storage, tool house, greenhouse, hobby shop (no business), home workshop, children's playhouse, storage house, garden shelter, but not involving the conduct of a business or used as living quarters.

Aircraft, aircraft hardware or parts manufacture means a facility used for manufacturing or assembling of aircraft hardware or parts including the storage and assembling of integral components or the completed final product.

Airfield means an area prepared for the accommodation (including any buildings, installations, and equipment), landing and takeoff of aircraft.

Ambulance stations means an office housing emergency and administration personnel involved in the dispatching and operations of an ambulance service. Such facilities can include sleeping, bathing, and food preparation areas for on-call personnel.

Amusement center, teen club, means a nightclub which caters primarily to patrons who are minors and in which no alcoholic beverages are sold or permitted and all activities occur indoors.

Amusement, commercial (indoors), means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding line of the property, including, but not limited to, a bowling alley or billiard parlor.

Amusement, commercial (outdoors), means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to, a golf driving range, archery range and miniature golf course.

Amusement park means an amusement enterprise offering rides such as roller coasters and games to the general public for a fee or charge wherein the majority of the activity takes place in the open.

Animal grooming means an establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.

Antique shop means an establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design and treatment.

Apartment (multifamily) means a room or suite of rooms arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.

Apartment hotel means any building larger than a boardinghouse designed or built to be occupied as a series of separate apartments or rooms by persons living independently of each other. It is distinguished from an apartment house by the relative short-term obligation for occupancy by a tenant, usually week-to-week or month-to-month, as opposed to longer-term leases.

Apartment house means any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as three or more apartments or dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

Apartment, garage, means an apartment, as herein defined, which is located above a residential garage.

Appliance sales and repair, household, means a shop specializing in the retail sales and repair of household appliances.

Art gallery or museum means an establishment offering works of art to the general public for viewing and/or sale.

Art supply store means an establishment offering for sale those materials used by conventional artists for the preparation of their art form.

Assembly hall, gymnasium, or auditorium means a large building and associated facilities for gathering an audience for speeches and performances.

Assembly plant means a facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.

Assisted living facility means a facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the state as "supervised living."

Athletic field, play field means an athletic field or stadium for general use including a baseball field, golf course or football field which may be lighted for night-time play.

Auction house means a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.

Auto auction means an enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.

Auto car wash means an area of land and/or structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

Auto impound lot/wrecker business means an establishment offering the service of towing, impounding, and temporary storage of vehicles either which have been in an accident or are illegally parked.

Auto paint and body shop means an automotive shop with the primary purpose of repairing and painting the outside surfaces of automobiles, trucks, and vans.

Auto parts and accessory sales means a fully enclosed automotive shop with the primary purpose of selling new parts and accessories for automobiles, trucks, and vans.

Auto parts sales with outdoor storage means an automotive shop with the primary purpose of selling parts and accessories for automobiles, trucks and vans.

Auto rental (car and truck) means an establishment primarily engaged in the short-term rental or extended term leasing of automobiles and trucks, not including truck tractors or semitrailers. No rental trucks shall be located in any multiuse shopping center.

Auto repair garage means repair or replacement of major engine, drive train, and other components requiring the use of hoists, jacks or jack stands. Tire repairs, changes, and minor wheel repairs utilizing jacks or jack stands shall be exempt from this definition.

Auto sales, new and used, means an open area or lot used for the storage and display for sale of operable automobiles, trucks, and vans, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises. The term "new and used auto sales" may include a building or showroom and parking for customer vehicles.

Auto service specialty shop means an establishment for the retail sale of automobile accessories, automobile tune up services, brake and muffler installation or repairs, tire installation or repair, oil or other lubricant services and associated products or services where single or limited use repairs are made, and including vehicle inspection service and licensing establishments, where all services provided and all storage, supplies, parts, equipment and accessories are indoors.

Auto service station/light maintenance means an establishment for the retail sale of petroleum products, automobile accessories, auto tune-up, muffler installation incidental to the primary use, tire installation or repair, oil change or other lubricate services in which all services provided and all storage, supplies, parts, equipment and accessories are indoors, with the exception of fuel-dispensing operations.

Auto service station/restaurant or convenience store means any premises where gasoline and other petroleum products are sold as a principal use, and in connection with the primary use a secondary use of a restaurant or convenience store is provided.

Bakery and confectionery, preparation sales means a shop offering for sale on-premises those baked goods or candies made on-premises or off-premises. No production for off-premises sales is allowed.

Bakery and confectionery, wholesale, means a manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.

Bank, savings and loan association, financial institution means a building or premises offering banking, savings and loan, and other financial services, not including pawn shops.

Bar or tavern means an establishment licensed by the state for the sale of alcoholic beverages that derives 75 percent of the daily gross sales from the sale of alcoholic beverages and is excluded from any other category or definition of this section. For purposes of this definition, daily gross sales shall be calculated using the normal selling price of all items of food and alcoholic beverages served in the establishment and shall reflect the price normally charged for such items in the particular establishment for which the daily gross sales figure is calculated whether such item is actually sold at normal selling price, below normal selling price, or in exchange for a cover charge, entrance fee or other consideration paid. Reduced prices charged during promotion, happy hours, and other occasions when drinks are sold at reduced prices or served at no charge, shall not be considered normal selling price for calculation of daily gross sales.

Beauty/barber or other personal service shop means an establishment which provides personal services including haircuts, perms, color treatments, manicures, pedicures, tanning salons, and other personal beauty services.

Bed and breakfast means a tourist lodging service within the rooms of a single-family residence occupied by the owner or resident manager and located on a property served by a single utility meter and single water and wastewater service within a residential district of the city.

Bingo facility means a facility eligible to conduct bingo operations and licensed to do so as provided in the Bingo Enabling Act (Texas Occupations Code § 2001.001 et seq.).

Boat and accessory sales, rental and service means rental, sales and service for boats and other marine supplies.

Bottling works means a facility for the bottling of products for off-site retail sales.

Bowling alley means an establishment offering facilities for bowling to the public.

Brick kiln or tile plant means a manufacturing facility for making brick or tile products, with product and raw material storage.

Building materials sales means a distribution and sales center with outdoor sales and storage areas for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.

Bus, train and taxi station or terminal means a facility that provides for regularly scheduled transit services, passenger lounges, ticketing, and customer parking.

Cabinet and upholstery shop means a shop for the assembly of cabinetry for domestic use and furniture repairing and upholstery.

Carpet and rug cleaning means a commercial cleaning plant primarily for carpets and rugs doing cleaning for off-premises service outlets and retail establishments.

Catering establishment means a facility where food is prepared in large quantities to be transported to, served, and consumed at an off-site location.

Cemetery or mausoleum or crematorium means an area or structure designed to contain the remains of humans or animals for permanent interment.

Ceramic products means a shop offering for retail sale to the public ceramic products and accessories.

Ceramic products with kiln means a shop offering for retail sale to the public ceramic products, accessories, and individual or small batch kiln services.

Cigar lounge means an establishment licensed by the state for the sale of alcoholic beverages that derives 75 percent of the daily gross sales from the sale of alcoholic beverages, the on-site sale of cigars and the rental of humidors, not including vending machines, and is excluded from any other category or definition of this section. For purposes of this definition, daily gross sales shall be calculated using the normal selling price of all items of food, alcoholic beverages, cigars (on-site), humidor rental, not including vending machines, served in the establishment and shall reflect the price normally charged for such items in the particular establishment for which the daily gross sales figure is calculated whether such item is actually sold at normal selling price, below normal selling price, or in exchange for a cover charge, entrance fee or other consideration paid. Reduced prices charged during promotion, happy hours, and other occasions when drinks are sold at reduced prices or served at no charge, shall not be considered normal selling price for calculation of daily gross sales.

Clinic, medical, means a building in which a group of physicians, dentists, and allied professional assistants are associated for the purpose of treating and diagnosing ill or injured outpatients. A clinic may include a dental or medical laboratory or a dispensing apothecary.

Collectibles shop means a retail establishment offering such collectible items as sports trading cards, comic books, and stuffed animals for sale to the general public.

Community center means a place or facility dedicated to social or recreational activities, serving the city or a neighborhood thereof and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.

Contractor, business (no outside storage), means a business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which may also have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage is permitted.

Contractor, business (with outside storage), means a business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which may also have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. Outside storage is permitted.

Contractors storage or equipment yard means an area, located on the same lot or separate lot as a principal use, used for outside storage of construction equipment, including vehicles and construction material.

Convenience store means a small retail establishment, usually located within or associated with another use that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods.

Convent or monastery means the building, buildings, or premises occupied by a religious community or association as a residence and a place of work and worship.

Copy shop means a business engaging in the reproduction or photographic impressions through mimeograph, electrostatic, or thermal copy process, whether wet or dry.

Correctional facility (including pre-parole centers) means a facility housing those who have been involved in the criminal justice system or related program and serving an adjudicated sentence, but not housing individuals convicted of violent or sexual crimes.

Creamery, milk and ice cream processing, means a commercial plant for the storage and processing of milk and milk products.

Customary home occupation means any occupation or activity which is clearly incidental and secondary to the use of premises for dwelling purposes, is carried on within the dwelling, and is not detrimental or injurious to the economic or aesthetic value of adjoining property. Customary home occupations shall not include barbershops, beauty shops, carpenters, electricians, or plumbers shops, radio shops, tin-painting, furniture repairing, sign painting, or any form of merchandising activity.

Day care center, adult, means an agency at which six or more disabled or elderly adults not related to the proprietor are left for care for a part of the 24 hours of the day.

Day care center, child, means an agency at which six or more children, under the age of 16 and not related to the proprietor, are left for care for a part of the 24 hours of the day.

Day care, in the home means a private residence where care, protection, and supervision are provided on a regular schedule, at least twice a week to no more than five children, including children of the adult provider.

Department store means a store offering a variety of comparison and consumptive goods at a retail price to the general public.

Domestic goods rental yard means an establishment that provides domestic equipment and goods for rent to the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure or be displayed and stored on an improved surface outside the primary structure, not to include backhoes, front-end loaders, and tractors.

Dwelling, accessory, means a residence located on a premises with a main, nonresidential or residential use and occupied, rent free, only by a relative or an employee of the principal use. Such accessory dwelling shall be serviced through the same utility meters or connections as the principal use to which it is an accessory. Manufactured homes are not permitted for this use.

Dwelling, cluster, means a group or row of dwellings, each containing one or more dwelling units and all occupying one lot or site, as defined herein, and having common open space.

Dwelling, duplex (two-family), means a building containing two dwelling units.

Dwelling, industrialized housing, means a detached residential building that is designed for the use and occupancy of one family, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term "industrialized housing dwelling" does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term "industrialized housing dwelling" shall not mean nor apply to:

a.

Housing constructed of sectional or panelized systems not utilizing modular components; or

b.

Any ready-made home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Dwelling, manufactured housing or mobile home, shall be defined and differentiated by the following:

a.

A mobile home is a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

b.

HUD-code manufactured housing is a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

Dwelling, single-family attached, means an attached residential building, not including a mobile home or a HUD-code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, single-family detached, means a detached residential structure, not including a mobile home or a HUD-code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, single-family, zero lot line, means a development approach in which at least one edge of the main structure on the lot is located on at least one lot line and having no yard requirement on that lot line.

SINGLE-FAMILY DWELLINGS

Electrical equipment assembly means a facility for the assembly of electrical equipment and motors from parts manufactured on-premises.

Electrical generating station means a facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.

Electrical substation means a facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.

Electrical transmission line means a high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.

Equipment rental yard, commercial and heavy, means an establishment that provides heavy equipment for rent to contractors or the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure on an improved surface. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.

Extermination services means a business providing extermination services for household pests, including insects and rodents.

Factory outlet or wholesale store means an establishment that offers goods and products to the public that are obtained directly from the manufacturer at prices that reflect savings due to the reduced cost of said direct distribution.

Farmers market, outdoor, means the offering for sale of fresh agricultural products directly to the consumer at an open air market.

Floor covering shop means a shop offering carpet, rugs, tile, vinyl, and associated products for sale.

Florist shop/gift shop means a shop offering flowers, flower arrangement services, and associated products for sale.

Foundry or metal fabrication means a facility used for the manufacture or fabrication of metal using raw material to forge, cast, mix, or otherwise create material used to build or assemble final products; may include the assembly and storage of integral components or the completed final product.

Fraternal, philanthropic, club, lodge and charitable uses 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.

Funeral home/mortuary or crematorium means a building or part thereof used for human funeral services or cremation of human remains. Such building may contain space and facilities for:

a.

Embalming services used in preparation of the dead for burial;

b.

The performance of autopsies and other surgical procedures;

c.

The storage of caskets, funeral urns, and other related funeral supplies;

d.

The storage of funeral vehicles; or

e.

Properly installed, certified apparatus intended for the incineration of human remains.

Where a funeral home is permitted, a funeral chapel shall also be permitted.

Furniture or appliance store means a retail establishment offering home furnishings and appliances for sale to the general public.

Furniture refinishing means a building used to repair, strip, stain, paint, sand, or upholster furniture.

Furrier shop means a retail establishment that offers fur products that are produced off site.

Gas regulator station means a station used to regulate the flow or pressure of gas in a pipeline.

General Retail: includes, among others, buildings and structures or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such purpose, and accessible to the public.

Golf club (private) means an area of 20 acres or more containing a golf course and a clubhouse and available only to private specific membership. Such a club may contain adjunct facilities such as a private club (only in conformance with these regulations and applicable state statutes), dining room, swimming pool, tennis courts, and similar recreational or service facilities.

Golf course, driving range, means an establishment offering areas for driving of golf balls including "pitch and putt" facilities.

Golf course, miniature, means an establishment offering facilities for miniature golf.

Golf course, public, means grounds and facilities used in the playing of the game golf, for a fee and operated as a commercial venture.

Greenhouse or plant nursery means an establishment operated for commercial purposes, offering plants grown on premises and off premises and associated products for sale for use in connection with home gardening activities.

Grocery store means retail stores, commonly known as supermarkets, food stores, and grocery stores, primarily engaged in the retail sale of all sorts of canned foods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.

Group home for the disabled or disadvantaged means a dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, the term "disabled" shall mean having:

a.

A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently;

b.

A record of having such an impairment; or

c.

Being regarded as having such an impairment.

However, the term "disabled" shall not include current illegal use of or addiction to controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the disabled" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. (See also Family.)

Hardware store means an establishment offering hand tools, small building materials, and associated convenience items for sale to the general public.

Health club/recreation facility means a facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health, or recreational), reducing salons, and weight control establishments. A health club/recreation facility may include outdoor game courts as an accessory use.

Health service facility (outpatient) means clinics, offices, dentist, doctors and/or other practitioners of the healing arts licensed or similarly recognized under the laws of the state. The term "health service facility (outpatient)" also includes offices for specialists in supportive health services such as physical, audio, and speech therapy, podiatry, and psychological testing and counseling, dental, medical, and optical labs and blood banks.

Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.

Hospital may be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its inpatient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm, or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors' offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial members and appliances, patient and outpatient services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wide related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or building complex; and provided further, that the floor area occupied by all accessory uses does not exceed one-third of the total floor area. Whether or not a questionable use is "similar" or an "integral" part of the total purpose shall be subject to determination by the board of adjustments and appeals. Hospital related X-ray and laboratory facilities shall not be considered accessory uses in computation of area occupancy.

Hotel means a building or portion thereof in which ten or more guestrooms are provided for occupancy for compensation by transient guests.

Interior decorating shop means an establishment that provides services that assist in the aesthetic placement, arrangement, and design of the interiors of residences and workplaces. Products and goods to accomplish the designs may be sold on site. Work efforts may include upholstering and making of draperies, slipcovers and other similar articles when conducted as part of the retail operation and secondary to the principal use.

Kennel means any lot or premises on which five or more dogs, cats or other domestic animals at least four months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.

Laboratory, medical and/or dental, means a facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.

Laundry cleaning plant, commercial, means a commercial laundry or cleaning plant doing cleaning or laundry for off-premises service outlets and retail establishments.

Laundry, dry cleaning and dyeing plant means a facility for the off-site laundering, bleaching, and dying, of bulk commercial clothing.

Laundry, dry cleaning full service, means a retail establishment providing full service laundry and dry cleaning services to the general public.

Laundry, dry cleaning pickup and receiving station, means a retail establishment providing a dropoff and pickup point for customers to leave wearing apparel or other material in need of laundry and dry cleaning and pickup of items when laundered and/or dry cleaned.

Laundry, dry cleaning, self-service, means a retail establishment providing facilities for customers to launder or dry clean wearing apparel or other materials.

Leather and luggage store means a retail store that provides leather goods and luggage for sale to the public.

Library means buildings and structures open for the general public, for which a fee may or may not be charged for the use of book collections.

Locksmith shop means a shop that specializes in making, selling, and repairing keys, locks, and associated material.

Machine shop means shops that manufacture metal products through the use of presses, stamps and dies.

Machinery repair, sales, storage and service means an enclosed area designed for sales and repair of machinery.

Manufactured home or pre-fab home manufacturing means a factory that manufactures housing (to the HUD-code standards) that is to be transported to another site for installation.

Manufactured housing park or subdivision means a parcel of land not less than five acres in size developed for rental or sale of lots for the installation for residential uses of HUD-code manufactured housing.

Manufactured, industrialized or pre-fab home sales or rental means an area devoted to outside sales or rental of HUD-code manufactured homes or industrialized housing. For off-premises residential use only.

Manufacturing or assembly facility (heavy) means a facility used for manufacturing or assembly using raw material to forge, cast, mix, or otherwise create material used to build or assemble final products; may include the assembly and storage of integral components or the completed final product.

Manufacturing or assembly facility (light) means the manufacture, primarily from previously manufactured materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products.

Market, meat, means a retail facility that offers meat products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises.

Meat product processing means a facility for processing cuts of meat from off-site into finished products.

Medical care facility, nursing and care home means any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.

Medical, dental, and optical sales means an establishment offering prescription and over-the-counter products for sale.

Medical equipment sales, rental, and leasing service means an establishment including offices, stores, and display rooms for the display, sale, rental, and leasing of medical equipment.

Mini-warehouse facility means a building or group of buildings in a controlled access and fenced compound consisting of varying sizes of individual, compartmentalized, and controlled access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.

Motel means a building or group of buildings designed, arranged or used for temporary occupancy having accommodations for housing, parking of automobiles in close proximity to the quarters occupied by the owner of such automobile and providing for five or more such quarters. The term "motel" shall include all establishments coming under the general classification of drive-in hotel, tourist court, and any other such establishment that houses visiting transient clientele.

Motor freight terminal means a facility with the capability of handling a large variety of goods involving various forms of transportation and providing multi-modal shipping capabilities, such as rail to truck and truck to air.

Museum, fine arts center, or art gallery means an institution for the collection, display, and distribution of objects of art or science and which is sponsored by or owned and operated by the city, a public or quasi-public agency, and which facility is open to the general public.

Music store means an establishment offering music, musical instruments, and other related items for sale to the general public.

Nightclub or dance hall means an establishment that is open to the public, primarily at night, which serves food and beverages, provides entertainment, and may provide a dance floor. The term "nightclub" or "dance hall" does not include sexually oriented businesses.

Office machine sales and service means a shop specializing in the sale and repair of office machinery.

Office, professional, means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations, including, but not limited to, insurance brokers, public stenographers, real estate brokers, stock brokers, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.

Office, real estate development tract or field office means a temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.

Office supply store means a store that specializes in office supplies.

Optical sales and service means a shop that manufactures optical devices, especially eyeglasses.

Package liquor store means a building or premises where the primary use is the retail sale of vinous (wine) or spirituous alcoholic beverages for off-premises consumption. Malt beverage sales are exempt from this definition.

Paint and wallpaper store means a shop for the storage, mixing, and sale of a full line of retail paint and wallpaper supplies.

Parish house or parsonage means a single-family dwelling that is occupied by a member of the clergy and his family as a place of residence.

Park means any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking garage means a building or portion thereof, other than a private garage, used exclusively for the parking or storage of self-propelled vehicles.

Parking lot means an off-street, open surfaced area used exclusively for the temporary parking of motor vehicles, whether for compensation, free, or as an accommodation to clients or customers.

Parking lot, truck, means a facility for temporary parking of currently commercial licensed trucks in excess of one ton.

Pawnshop means a shop specializing in making small loans against personal property or buying used personal goods from individuals.

Personal service shop means an establishment, other than that which is specifically listed in the use table, that provides a selective service relative to the personal care its customers, such as a barbershop, shoe shine shop, therapeutic massage, hearing aid shop, etc.

Pet shop means a shop offering small animals for sale, with associated goods and services.

Pharmaceutical plant means a facility for the production of drugs for medicine.

Pharmacy or drugstore means an establishment offering prescription and over-the-counter pharmaceuticals and other associated products for sale to the public.

Photographic equipment sales and service means a shop that specializes in the sale and repair of photographic equipment.

Picture framing shop means a shop that specializes in the sale and production of picture frames.

Pool or billiard hall means a business establishment containing two or more pool tables for the use of patrons.

Print shop, copy shop, orlithography shop means a small, commercial printing shop which sells on-site most of the items printed along with associated items.

Private card club means an establishment allowing private memberships to the public for the purpose of convening and participating in card games. The term does not include a "gambling place" nor does it include a place at which "gambling" is conducted, as defined by Chapter 47 of the Texas Penal Code, as amended.

Private club means an establishment providing social and dining facilities as well as alcoholic beverage service to an association of persons and otherwise falling within the definition of and permitted under the provisions of that portion of Texas Alcoholic Beverage Code ch. 32, as hereafter amended and as it pertains to the operation of private clubs.

Processing of chemicals means a facility that subjects chemicals to some special process or treatment to change the physical state or chemical composition of matter, including petroleum refining, or smelting and creation of plastics.

Public administrative buildings means a building in which the people are primarily engaged in overall management and general supervisory functions of a government agency.

Public safety facility, fire and police means a facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations, and training facilities.

Public utility facilities means a closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare which may include metering stations, transfer stations, water and sewage pump stations and water wells.

Radio, television studio means a facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or prerecorded materials for any part of the radio spectrum for commercial consumption.

Recreation facility means a dance hall, pool hall, domino parlor, carnival, amusement club, arcade, establishments for amusement purposes, establishments serving food or beverages and also providing more than an aggregate total of three mechanical, video, electronic or electromechanical games of skill or chance (including pin-ball machines, marble machines, table shuffle board or table-type nine- and ten-pin alley machines and shooting gallery machines). Any establishments providing one or more pool tables, whether also serving food or not, is defined as a place of recreation. A pool table is defined as any table surrounded by a ledge or cushion, with or without pockets, upon which balls are propelled by a stick or cue, and shall include billiard tables, pool tables and bumper pool tables whether coin-operated or not. Such facility shall include commercial amusements (indoors), as defined herein.

Recreation facility, gaming, means a place of recreation whose primary function or purpose is to provide machines or contrivances that, for a consideration, affords a player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, whether or not the prize or award is automatically paid by the machine or contrivance. The term "primary function or purpose" means that 60 percent or more of the gross revenues received by the establishment at that location arise from the playing of machines or contrivances.

Recreational vehicle park means any premises on which two or more pickup coaches or recreational vehicles are parked or situated and used for the purpose of supplying to the public a parking space for two or more such coaches or recreational vehicles that are owner-occupied.

Recreational vehicle sales and rental, new and used, and storage means an open area or lot for the storage and display for sale or rental of operable recreational vehicles, where repair work is done on the recreational vehicles to be displayed and sold on the premises, but no dismantling of recreational vehicles or keeping used recreational vehicle parts or junk is done on the premises. It may include a building or showroom and parking lot for customer vehicles. It shall also include an area or lot, whether covered or not, used for the storage and keeping of recreational vehicles owned by third parties.

Recycling collection center means a building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those materials to manufacture new products.

Recycling container means an outdoor container permitted under special use permit, open to the public for the collection of domestic recyclable material, but not to include toxic or hazardous materials. Such containers can be either manned, automated, or simply serve as a collector with or without compensation to the donor.

Recycling plant means a facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

Rehabilitation care facility (criminal-psychiatric, mental disorders, substance abuse) means a facility the primary purpose of which is to provide residence and/or outpatient care, with supervisory personnel, to persons regardless of legal relationship, who have been involved in the criminal justice system or related program including parole or probation as authorized by the criminal justice system, and have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct.

Religious institution means facilities in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or propagating a particular form of religious belief.

Rental store means an establishment that provides equipment and goods for rent by the general public to be used off site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.

Rental yard, commercial and heavy equipment, means an establishment that provides heavy equipment for rent to contractors or the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure on an improved surface. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.

Restaurant means a business establishment whose principal business is the selling of nonpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building. Such use includes cafes, lunchrooms, and tearooms.

Restaurant with alcohol means a business establishment whose principal business is the selling of nonpackaged food and alcoholic beverages for on-premises consumption, to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant, drive-in/drive-through, means any place or premises used for the sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Restaurant, refreshment stand (temporary or seasonal), means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building on a temporary or seasonal basis.

Rodeo grounds/fairgrounds means an outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens, and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.

Salvage yard means an area for the salvage of metals and/or other fabricated products, which may include a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.

Sanitarium means a hospital used for treating chronic and usually long-term illnesses.

School, business college, means a facility that provides a curriculum limited to the teaching of office and business practices and skills.

School, college or university means an academic institution of higher learning, accredited or recognized by the state, and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. The term "school," "college" or "university" includes junior and senior colleges, universities, conservatories and seminaries.

School, commercial instruction, means a facility that instructs and trains students in the arts, such as of music, dance, gymnastics, or martial arts, and is primarily operated on a commercial basis.

School, commercial trade, means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.

School, home, means educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the housekeeping activities of a family.

School, home day, means educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than six unrelated students not living in the home in which the educational activities are being conducted.

School, institution, rehabilitation, and training center (private) means a facility that provides rehabilitation and training operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.

School, nursery, means an establishment providing for the care, supervision, and protection of children.

School, primary or elementary, means a facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.

School, vocational, means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements of a vocational facility.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater or nude model studio, as more specifically defined in chapter 40.

Shoe repair means an establishment offering shoe repair service to the general public.

Shooting range, skeet, or target range, outdoor, means the use of land for archery and/or the discharging of firearms for the purpose of target practice, skeet and trap shooting.

Short-term rental means the rental for compensation, of any residence or residential structure, or a portion of a residence or residential structure, located within a residential zoning district in which such use is permitted, for the purpose of overnight lodging for a period of not more than 30 days. A short-term rental shall not include a hotel or motel. A short-term rental is further subject to the provisions of article XI of chapter 10 of the City Code.

Skating rink means an organized commercial enterprise featuring either roller or ice skating with locations either indoors or outdoors.

Spray painting and paint mixing means commercial spray painting of automobiles or other manufactured products for final coating of said products and/or the mixing of paints and other chemicals for this type of manufacturing painting process.

Stable, commercial, means a building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire, including a riding track.

Stable, private, means a building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale.

Stadium, arena amphitheater, means a large open or closed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators.

Stockyard means an area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.

Stone monument works means the manufacture of stone monuments for sale off site.

Stone monuments retail sales means a retail establishment offering the sale of stone monuments produced off premises.

Storage yard means facilities to store any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials outside at ground level.

Studio means a facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, and dance, but does not include commercial gymnasiums or dance halls.

Swimming pool, commercial, means a swimming pool and accessory facilities, not part of the municipal or public recreational system, and not a private swim club, but where the facilities are available to the general public for a fee.

Tailor/seamstress or alteration shop means an establishment offering individual alteration, repair, or creation of clothing apparel to the public.

Tattoo establishment, cosmetic, means an establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that facial cosmetics are applied on a permanent basis. The term "cosmetic tattoo establishment" does not include a tattoo parlor.

Tattoo parlor means an establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin, not including establishments that provide permanent cosmetic makeup application.

Taxidermist shop means a retail establishment offering for sale to the public the products produced by a taxidermist.

Telephone exchange means a facility for the exchange, switching, relaying, or transmission of telephone services, but not including public office facilities, storage, or repair facilities.

Television, radio, microwave, telecommunication towers or facilities means structures supporting antenna and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television.

Terminal, passenger, means a facility or location where the principal use is the handling, receiving, and transfer of passenger traffic. Accessory uses may include loading and unloading of freight and equipment and facilities to accomplish these activities.

Terminal, railroad or motor freight, means a facility for the receipt, transfer, short-term storage and dispatching of goods transported by rail or truck.

Theater, indoor motion picture, means an establishment offering motion pictures for viewing by the public.

Ticket agency means an establishment offering for sale or distribution tickets for sporting or performance events.

Tire processing facility, scrap, means a registered scrap tire facility where used or scrap tires or tire pieces are collected and shredded or bailed for delivery to a scrap tire storage site, landfill site, or to a facility that recycles, reuses, or recovers the energy from the tire pieces. This shall include facilities with not more than 500 used or scrap tires (or weight equivalent tire pieces or any combination thereof) on the ground or more than 2,000 used or scrap tires (or weight equivalent tire pieces or any combination thereof) in enclosed or lockable containers at any time. Such facility must be licensed by the state natural resources conservation commission (TNRCC).

Tire recycling center or storage means a facility in which recycling material only is collected, processed and/or baled in preparation for shipment to others who will use those materials to manufacture new products.

Tobacco shop means a retail establishment offering for sale to the public tobacco products and accessories, but excluding "cigar lounges" as defined in this chapter.

Trailer rental or sales means an establishment primarily concerned with the sales and short-term rental or leasing of trailers.

Travel bureau or consultant means an office that serves as a broker for airlines, trains, or other transportation and lodging organizations and provides these services to the patron.

Vehicle storage, recreational (commercial), means a facility or location on which, upon payment of a fee, provides for the parking and storage of recreational vehicles.

Veterinarian hospital (with outside pens) means the office and clinic of a doctor of veterinary medicine including outside treatment pens.

Veterinarian hospital (without outside pens) means the office and clinic of a doctor of veterinary medicine not including outside treatment pens.

Video and video game rental store means a commercial establishment that provides as a service a library of video movies and video games which may be rented on a short-term basis and returned for reuse.

Warehousing and freight office and storage means a use engaged in the storage, wholesale sales, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Warehousing and storage establishment means a facility that is constructed such that large quantities of products or goods may be stored for extended periods of time. Said facility may be equipped with loading ramps and docks that facilitate the loading and off-loading of semitrailer vehicles.

Watch and/or jewelry repair means an establishment offering repair services for jewelry, watches and other similar items.

Welding or machine shop means a facility for the machining or welding of metals, not including forging.

Wholesale establishments means the display, storage and sale of goods to other firms for resale, as well as activities involving the movement and storage of products or equipment, including truck terminal facilities, moving and storage facilities, warehousing facilities.

Window covering store means a retail establishment offering for sale to the public window covering products.

(Code 2004, ch. 14, § 6; Code 2008, § 54-6; Ord. No. 2171-01, 7-24-2001; Ord. No. 2198-02, 4-23-2002; Ord. No. 2223-03, § 1, 3-11-2003; Ord. No. 2225-03, § II, 5-27-2003; Ord. No. 2171-01, § I, 6-8-2004; Ord. No. 2252-04, 6-8-2004; Ord. No. 2261-04, § I, 11-23-2004; Ord. No. 2266-05, §§ I, II, 5-10-2005; Ord. No. 2013-2462, § I, 12-10-2013; Ord. No. 2015-2504, § I, 8-11-2015; Ord. No. 2021-11-025, § 1, 11-2-2021; Ord. No. 2023-06-007-08, § 3, 6-6-2023)