Whitesboro City Zoning Code

APPENDIX 3

DESCRIPTIONS/DEFINITIONS OF USES

3.1 Residential uses

3.1.1 Apartment: A room or suite of rooms in an apartment house 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. (Also see 3.1.4, "CBRD apartments.")

3.1.2 Bed-and-breakfast facility: An owner-occupied property, other than a hotel or multiple-family dwelling, which offers lodging for paying guests and which serves meals to these guests, and which contains one or more guest bedrooms and where facilities for food preparation are not provided in the individual guest bedrooms. See also §§ 154.043(H) and 154.036(H).

3.1.3 Boarding or rooming house: A building, other than a hotel or multiple-family dwelling, where lodging or meals is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms.

3.1.4 CBRD apartments: Apartments in any building in the CBRD on the second or higher floors or, if on the ground floor is: (i) not occupying the street front of the building; and (ii) occupied by the operator of the business which also is housed in that building. (Also see 3.1.1, "Apartment.")

3.1.5 Dormitory: A building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.

3.1.6 Duplex: See "Two-family dwelling" (§ 154.027).

3.1.7 Patio home: A single-family dwelling, detached residence allowed to have little or no side yard on one side, built in accordance with standards set out in § 154.036(E), where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.

3.1.8 Guest house: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

3.1.9 Hotel: See "Motel, motor hotel, or motor lodge."

3.1.10 Manufactured housing, HUD-code: 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. All references in this chapter to manufactured housing or manufactured home(s) shall be references to HUD-code manufactured housing, unless otherwise specified.

3.1.12 Manufactured home park: Any tract of land under single ownership of not less than two acres and not more than ten acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the city relating to the location, use, construction, operation, or maintenance of manufactured housing.

3.1.13 Manufactured home subdivision: A tract of land of not less than ten acres which has been final platted of record in its entirety in accordance with the subdivision regulations of the city for occupancy primarily by HUD-code manufactured housing and industrialized housing.

3.1.14 Mobile home: A structure 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. Mobile homes shall not be used as dwelling units within the corporate limits of the city.

3.1.15 Modular home: A dwelling that is constructed in one or more modules at a location other than the homesite, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence when the modular unit components or modules are transported to the homesite and are joined together or are erected and installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems. The term "modular home" shall not mean nor apply to:

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

(2) Any ready-built 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; or

(3) Any dwelling constructed in modules incorporating concrete as the basic and predominant structural component.

3.1.16 Motel, motor hotel, or motor lodge: A building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, or motor lodge may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.

3.1.17 Multiple-family residence: Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

3.1.18 Residence hotel: A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting room, club house and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in this chapter.

3.1.19 Retirement housing: A development providing dwelling units specifically designed for the needs of ambulatory retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

(1) Cafeteria and/or dining room;

(2) Library;

(3) Game room;

(4) Swimming pool and/or Jacuzzi;

(5) Exercise room;

(6) Arts and crafts facilities;

(7) Greenhouse;

(8) Housekeeping service;

(9) Transportation service;

(10) Snack bar with a maximum of 350 square feet per 100 dwelling units;

(11) Beauty/barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units; and/or

(12) Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, non-prescription drugs, small household items, and gifts.

3.1.20 Rooming house: See "Boarding or rooming house."

3.1.21 Servant's, caretaker's, or guard's residence: An accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person or persons employed on the premises for not less than 50% of his/her actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed 600 square feet.

3.1.22 Single-family dwelling, attached: A dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of 20 feet, in which each dwelling is located on a separate platted lot.

3.1.23 Single-family dwelling, detached: A detached building designed exclusively for occupancy by one family, excluding manufactured housing, located on a lot or separate building tract and having no physical connection to a building on any other lot.

3.1.24 Townhouse or row dwelling: One of a series of not less than three nor more than ten attached one-family dwellings under common roof with common exterior wall and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

3.1.25 Tourist home: A building or part thereof, other than hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in home for compensation, mainly for transients.

3.1.26 Townhouse or row house: Means three or more dwelling units with common vertical walls.

3.1.27 Travel trailer park: Any tract of land under single ownership, not less than two acres nor more than ten acres, where accommodation is provided for travel trailer or Recreational Vehicle use.

3.1.28 Two-family dwelling: A building designed for occupancy by two individuals or families living independently of each other within separate units which have a common wall and are under one roof.

3.1.29 Zero lot line house: See 3.1.7 Patio home.

3.2 Educational, institutional, and special uses

3.2.1 Cemetery: Is land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

3.2.2 Child-care center: An establishment where four or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child-care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. (Also see "Registered family home.")

3.2.3 Church, Rectory, or Place of Worship: A building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises. The place of residence may be a separate building.

3.2.34 Civic center: A building or complex of buildings that houses municipal offices and services, and which may include cultural, recreational, athletic, convention and/or entertainment facilities owned and/or operated by a governmental agency.

3.2.45 College or university: An institution established for educational purposes offering courses of study beyond the secondary education level but excluding trade and commercial schools.

3.2.6 Community center, public: A building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood 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.

3.2.7 Community center, private: A building or buildings dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit; not to be a commercial, for profit, business.

3.2.8 Continuing care facility: A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board and lodging, together with personal care services and nursing services, medical services, or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. (Also see "Household care facility," "Household care institution," "Personal care home," and "Family home.")

3.2.9 Country club (private): Land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

3.2.10 Convalescent home: See "Rest home or nursing home."

3.2.11 Exhibition area: An area or space either outside or within a building for the display of topic-specific goods or information.

3.2.12 Fairgrounds: An area where outdoor fairs, circuses or exhibitions are held.

3.2.13 Family home: A community-based residential home operated by either the State of Texas, a nonprofit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet the following requirements:

(1) Not more than six disabled persons and two supervisory personnel may reside in a family home at the same time.

(2) The home must provide food and shelter, personal guidance, care, rehabilitation services, or supervision.

(3) All applicable licensing requirements must be met.

(Also see "Continuing care facility," "Household care facility," "Household care institution," and "Personal care home.")

3.2.14 Farm, ranch, or orchard: An area of five acres or more which is used for growing of usual farm products and/or raising of usual farm products and animals 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. Farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise, or vibrations or be otherwise detrimental to the public welfare.

3.2.15 Fraternal organization, lodge, or civic club: An organized group having a restricted membership and specific purpose related to the welfare of the members.

3.2.16 Golf course: An area of 20 acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.

3.2.17a Greenhouse or plant nursery, commercial: A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, including related storage of equipment for landscape contracting.

3.2.17b Greenhouse, noncommercial: A building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.

3.2.18 Hospital (chronic care); long-term health care facility: An institution providing in-patient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease and which is licensed by the State of Texas.

3.2.19 Hospital (acute care): An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.

3.2.20 Household care facility: 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 adversity; living together with not more than two supervisory personnel as a single housekeeping unit. (See also "Continuing care facility," "Household care institution," "Personal care home," and "Continuing care facility.")

3.2.21.1 Household care institution: 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 rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with supervisory personnel. (See also "Continuing care facility," "Family home," "Household care facility," "Personal care home," and "Continuing care facility.")

3.2.21.2 Kennel: Any structure, lot, or premises on which four or more dogs, cats or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.

3.2.22 Library: Any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

3.2.23 Museum or art gallery: An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

3.2.24 Nursery school; kindergarten: A child-care facility offering a program seven hours or less per day for children who have passed their second birthday but who are under seven years old.

3.2.25 Nursing home: See "Rest home or nursing home."

3.2.26 Park, playground, or recreation center (public): An open recreation facility or park owned and operated by a public agency and available to the general public.

3.2.27 Park, playground, or recreation center (private): A privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owners' association, or similar organization.

3.2.28 Personal care home (custodial care): An owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three individuals not related to the provider of such care. Custodial care is that type of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel. (Also see "Continuing care facility.")

3.2.29 Reserved for future use.

3.2.30 Race track: A facility used for the racing of motor-driven vehicles and/or animals.

3.2.31 Registered family home: A child-care 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, but the total number of children, including the caretaker's own, does not exceed 12 at any given time. (Also see "Child-care center.")

3.2.32 Rehabilitation care facility: 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.

3.2.33 Rehabilitation care institution: A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.

3.2.34 Rest home or nursing home: A place of residence or care for persons suffering from infirmities of age or illness where care is provided after leaving a clinic or hospital, often on a prolonged or even permanent basis. This term shall include a convalescent home.

3.2.35 School, private (primary or secondary): An institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

3.2.36 School, public (primary or secondary): An institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state of but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

3.2.37 School, trade or commercial: Establishments, other than public or parochial schools, private primary and secondary schools or colleges, organized to operate for a profit and offering training or instruction in a trade, service, art, or occupation.

3.2.38a Stable, commercial: A structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction or similar trading activity.

3.2.38b Stable, private: An accessory building set back from adjacent property lines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per 1.5-acre area of a farm or lot.

3.2.39 Stadium or playfield, public: An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

3.2.40 Swimming pool, commercial: A swimming pool with 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.

3.3 Transportation, utility, and communications uses

3.3.1 Airport; landing field: A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.

3.3.2 Electrical substation: A subsidiary station in which electric current is transformed.

3.3.3 Gas metering station: Facility at which natural gas flows are regulated and recorded.

3.3.4 Heliport or helistop: A landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft.

3.3.5 Reserved for future use.

3.3.6 Radio, television, or microwave communications operations, amateur: The transmission and retransmission of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. (See also 3.3.15, "Towers.")

3.3.7 Radio, television, or microwave communications operations, commercial: The transmission and retransmission, of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain. (See also 3.3.15, "Towers," and 3.3.6.)

3.3.8 Railroad station: Any premises for the transient parking of trains and the loading and unloading of passengers.

3.3.9 Railroad team track and right-of-way: A facility/place for the loading and unloading of materials on trains.

3.3.10 Reserved for future use.

3.3.11 Service yard of governmental agency: An area for the servicing and storage of vehicles or other property of a governmental agency.

3.3.12 Shops, office, and/or storage area of public or private utility: The pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

3.3.13 Solid waste transfer station: A facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.

3.3.14 Telephone exchange: A switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.

3.3.15 Towers (radio, television or microwave): Structures supporting antennae for transmitting or receiving any of the radio spectrum, but excluding noncommercial antennae installations for home, use of radio. (See also 3.3.6, "Radio, television, or microwave communications operations, amateur," and 3.3.7, "Radio, television, or microwave communications operations, commercial.")

3.4 Automobile and related service uses

3.4.1 Auto laundry: See "Car wash."

3.4.2 Auto leasing: Storage and leasing of automobiles, motorcycles, and light load vehicles.

3.4.3 Auto parts sales (inside): The use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreational vehicles.

3.4.4 Auto parts sales (outside): The use of any land area for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreation vehicles.

3.4.5 Automobile repair, major: General repair or reconditioning of engines and air conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under "Automobile repair, minor"; and other similar uses.

3.4.6 Automobile repair, minor: Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, 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 light load vehicles, but not including any operation named under "Automobile repair, major" or any other similar use.

3.4.7 Automobile and trailer sales, new: Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks, and trailers, to be displayed and sold on the premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.

3.4.8 Automobile and trailer sales, used: Building(s) and associated open area other than a street or required automobile parking space used for the display and sale of previously owned automobiles, light trucks, or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sales area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.

3.4.9 Automobile service station: A building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles, steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles, which are inoperative or are being repaired, to remain outside such service station for a period greater than seven days.

3.4.10 Auto storage: The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution, or storage.

3.4.11 Automobile wrecking yard or junkyard: Any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scraping of any other goods, articles, or merchandise.

3.4.12 Bus terminal: Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

3.4.13 Car wash: A building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.

3.4.14 Garage, public: Means a building or portion of a building except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

3.4.15 Junkyard: See 3.4.11, "Automobile wrecking yard or junkyard."

3.4.16 Parking lot or parking garage, automobile: Area for parking light load vehicles.

3.4.17 Parking lot or parking garage, truck: Area for parking heavy load vehicles.

3.4.18 Quick oil change facility: A business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks.

3.4.19 Quick tune-up facility: A business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PCV valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.

3.4.20 Truck and bus leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done.

3.4.21 Truck and bus repair: An establishment providing major and minor automobile repair services to heavy load vehicles.

3.4.22 Truck or motor freight terminal: A building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.

3.4.23 Truck sales: Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles (for definition, see 3.4.24), to be displayed and sold on the premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.

3.4.24 Truck stop: Any premises where heavy load vehicles are serviced, repaired, and/or where maintenance on such vehicles is undertaken, and which includes facilities for dispensing fuels and other petroleum products directly into motor vehicles. Such premises may include the incidental sale of accessories or equipment for heavy load vehicles and similar commercial vehicles, overnight lodging accommodations, and/or restaurant facilities.

3.4.25 Vehicle service center: A center for the repair of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, body work, or spray painting.

3.4.26 Wrecking yard: See 3.4.11, "Automobile wrecking yard or junkyard."

3.5 Retail and service type uses

3.5.1a Adult entertainment establishment: Amusement enterprises offering activities and services distinguished or characterized by the depiction or describing of "specified anatomical areas" or "specified sexual activities," as defined in this chapter. Such uses shall include but not be limited to the following:

(1) Adult arcade: Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified anatomical areas" or "specified sexual activities" as defined in this section [§ 154.004].

(2) Adult bookstore: A commercial establishment which has devoted a substantial or significant portion of its business to the sale, rental, or any form of consideration of any one or more of the following:

(A) Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videocassettes, video tapes, or other video reproductions, slides, or other visual representations which depict or describe "specified anatomical areas" or "specified sexual activities," as defined in this section [§ 154.004]; or

(B) Instruments, devices or paraphernalia which depict "specified anatomical areas" or "specified sexual activities," or are designed for use in connection with "specified sexual activities."

(3) Adult cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(A) Person or persons who appear in a state of nudity; or

(B) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," including topless or bottomless dancers, exotic dancers, or strippers; or

(C) Films, motion pictures, videocassettes, videotapes, or other video reproductions, slides, or other photographic or visual representations, which are characterized by the depiction of "specified anatomical areas" or "specified sexual activities" as defined in this section [§ 154.004].

(4) Adult motion picture theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes or tapes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined in this section [§ 154.004].

(5) Adult theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined in this section [§ 154.004].

(6) Massage parlor: Any place where, for any form of consideration, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any "specified sexual activity," or where any person providing such treatment, manipulation, or service related thereto exposes any "specified anatomical area."

(7) Nude modeling studio: Any place where a person who appears in a state of nudity or displays any "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

3.5.1b Air conditioning and refrigeration contractor: A place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Vernon's Ann. Civ. St., art. 8861.

3.5.2 Alcoholic beverage store: An establishment engaged in the sale of beer, wine, and/or liquor to the general public, not for on-premises consumption.

3.5.3a Amusement, commercial (indoor): An establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, escape rooms, ice or roller skating rinks.

3.5.3b Amusement, commercial (outdoor): An outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-cart tracks and carnivals.

3.5.4 Antique shop: A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.

3.5.5 Arcade: Any place to which the public is permitted or invited wherein six or more coin-operated, slug- or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or skill machines, are located.

3.5.6a Bakery and confectionery, retail sales: A place for preparing, cooking, baking and selling of products on the premises.

3.5.6b Bakery and confectionery, commercial: A place for preparing, cooking or baking of products primarily intended for off-premises distribution.

3.5.7 Bank, savings and loan, credit union: An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

3.5.8a Barber shop: A place where barbering, as defined in the Texas Barber Act, Vernon's Annotated Civil Statutes (Vernon's Ann. Civ. St.), art. 8407, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

3.5.8b Barber school or college: A place of training for practice of barbering, as defined in the Texas Barber Act, Vernon's Ann. Civ. St., art. 8407, meeting standards established in section 9 of said Texas Barber Act.

3.5.9a Beauty culture school; cosmetology specialty shop: A specialized place of training, as defined in the Cosmetology Regulatory Act, Vernon's Ann. Civ. St., art. 8451.

3.5.9b Beauty shop: A place where cosmetology, as defined in the Cosmetology Regulatory Act, Vernon's Ann. Civ. St., art. 8451, is practiced.

3.5.9c Brewpub or Winery: A restaurant or other facility that manufactures alcoholic beverages including but not limited to beer, wine or liquor for either on-premises or off-premises retail and wholesale and consumption in quantities not considered industrial or large-scale production as determined by the City Manager or designee. The business must hold one of the following licenses or permits from the Texas Alcoholic Beverage Commission: Winery Permit (G) or Brewpub License (BP); See § 154.040 Special Uses, (L) Sale of Alcoholic Beverages.

3.5.10 Building materials, hardware sales: The sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.

3.5.11 Business service: Establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee or contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment rental or leasing.

3.5.12 Cabinet and upholstering shop: An establishment used for the production, display and sale of furniture and soft coverings for furniture.

3.5.13 Cleaning and dyeing, small plant or shop: A custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. (Also see "Cleaning and dyeing; dry cleaning plant.")

3.5.14 Clinic, medical or dental: A public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.

3.5.15 Convenience store: A retail establishment providing for the sale of food items, non-prescription drugs, small household items, and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.

3.5.16 [Reserved.]

3.5.17 Discount, variety, or department store: A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.

3.5.18 Feed and farm supply store: An establishment for the selling of foodstuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.

3.5.19 Flea market: A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects or equipment in small quantities. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

3.5.20 Florist: An establishment displaying plants, flowers, floral supplies, and similar items.

3.5.21 Food store; grocery store: An establishment that displays and sells consumable goods that are not to be eaten on the premises.

3.5.22 [Reserved.]

3.5.23 Furniture and appliance repair or storage: The storage, maintenance, or rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners, and hair dryers.

3.5.24 Furniture, appliance store: Retail stores selling goods used 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.

3.5.25 Garden center (retail sales): Location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.

3.5.26 General merchandise store: 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, hardware, and food. The stores included in this group are known as department stores, variety stores, general stores, and other similar stores.

3.5.26a Gymnastic/dance studio and health club: An establishment that provides exercise facilities such as running, jogging, aerobics, weightlifting, indoor/outdoor sports courts, and swimming, as well as locker rooms, showers, and saunas. Uses would typically include racquetball and handball courts, tennis courts, weightlifting and exercise equipment facilities, exercise areas, swimming pools and spas, martial arts, classrooms and/or practice areas, gymnasiums and running or jogging tracks. This shall not include municipal or privately owned, access-only recreation buildings.

3.5.26b Intradermal Studio (Body Piercing, Permanent Cosmetics, and Tattooing): The practice of producing an indelible mark or figure on the human body by scarring or inserting pigment under the skin using needles, scalpels, or other related equipment.

3.5.27 Laboratory, scientific or research: Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

3.5.28 Laundry and cleaning, self-service: An establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.

3.5.29 Massage therapy facility: A place wherein a registered physical therapist or certified massage therapist treats patients.

3.5.30a Metal dealer, secondhand: A place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered.

3.5.30b Metal dealer, crafted precious: A place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or their alloys, excluding coins and commemorative medallions, under terms and conditions found in Vernon's Ann. Civ. St., art. 9009a.

3.5.31 Neighborhood convenience center: Means centers that carry convenience goods, such as groceries, and some variety items, and also service stores. The neighborhood convenience center may contain one or two small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called "spot necessity" items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.

3.5.32 Office center: A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.

3.5.33 Office, professional or general administrative: A room or group of rooms used for the provision of executive, management, 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.

3.5.34 Office - showroom/warehouse: An establishment with a minimum of 75% of its total floor area devoted to storage and warehousing not accessible to the 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.

3.5.35 Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).

3.5.36 Personal service shop: An establishment primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and laundry pickup stations, intradermal cosmetics, shoe repair, tanning salon, or tailor. Intradermal Studio services may be offered as an accessory service.

3.5.37 Pet shop: A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.

3.5.38 Plumbing, heating, refrigeration, or air conditioning business: An establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning. (Also see "Air conditioning and refrigeration contractor.")

3.5.39 Plumbing service: The operation of a business that involves only retail sales and off-premises service, installation, and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration, or air conditioning contractor or similar type wholesale operation.

3.5.40 Portable building sales: An establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.

3.5.41 Post office, government or private: Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

3.5.42 Print shop: An establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, platemaking, microform, type casting, presswork, and printmaking.

3.5.43 Private Club: 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 the Texas Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs. See § 154.040 Special Uses, (I) private clubs.

3.5.44 Restaurant or cafeteria: An establishment where food and drink are prepared and may be consumed on the premises. See § 154.040 for additional requirements pertaining to drive throughs.

3.5.45a Retail stores and shops: Establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.

3.5.45b Retail ice and dispensed water sales: Establishment offering automated retail sale of bagged or bulk ice, and dispensed water through a coin-operated machine enclosed in a structure; ice is frozen and bagged on-site.

3.5.46 Secondhand store, furniture or clothing: An establishment offering for sale used contemporary merchandise, with the storage and display of such items wholly contained inside a building or structure.

3.5.47 Service, retail: An establishment engaged in the selling and/or servicing of goods where a minimum of 80% of the floor area is devoted to service, repair or fabrication of such goods with the storage and display of such goods wholly contained inside a building or structure. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.

3.5.48a Sexually oriented business: An adult entertainment establishment (see 3.5.1a).

3.5.48b Shopping center: A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements. A site plan is to be submitted to and is to be approved by the Planning and Zoning Commission and the City Council on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of various buildings, parking area, streets and type of zoning desired. The installation of all facilities, drainage structures, paving of streets, parking areas, alleys, and installation of sidewalks shall be in accordance with city specifications for each type of improvement.

3.5.48c Short-term loan agency: A business that makes short-term cash loans (also known as payday loans) most commonly based on a borrower's personal check held for future deposit or on electronic access to the borrower's bank account.

3.5.48d Tasting room: A retail establishment associated with a brewery, brewpub, distillery, or winery for the sale of beer, wine or liquors. See § 154.040 Special Uses, (L) sale of alcoholic beverages.

3.5.49 Theater (outdoor): An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.

3.5.50 Trailer, manufactured housing, or mobile home display and sales: The offering for sale, storage, or display of trailers, manufactured housing, or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

3.5.51 Trailer rental: The display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.

3.5.51a Veterinarian clinic (no outside pens): An establishment with indoor pens in which dogs and/or other domesticated animals are housed during the day or overnight, groomed, bred, boarded, exercised, trained, or sold for commercial purposes as well as examination and medical treatment. Animal transportation service may be provided. Fenced outdoor space may be provided with appropriate screening. The Planning and Zoning Commission may recommend, and the City Council may require wing walls, landscape screens, changes in building orientation, and/or other design elements to screen and provide noise abatement in order to minimize the impact of noise and odor on surrounding uses.

3.5.51b Veterinarian clinic (outside pens): An establishment with outdoor pens in which dogs and/or other domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes as well as examination and medical treatment. The Planning and Zoning Commission may recommend, and the City Council may require wing walls, landscape screens, changes in building orientation, and/or other design elements to screen and provide noise abatement in order to minimize the impact of noise and odor on surrounding uses.

3.5.52 Washateria: A building or place where clothes and linens are washed and thoroughly dried by the use of not exceeding three employees and four automatic single-family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless. (See "Laundry and cleaning, self-service" - 3.5.28.)

3.6 Manufacturing, storage, and warehousing uses

3.6.0 Brewery/distillery: The production of beer, wine and/or liquor at industrial quantities and internal large-scale commercial distribution.

3.6.1 Bottling works: A manufacturing facility designed to place a product into a bottle for distribution.

3.6.2 Cleaning and dyeing; dry cleaning plant: An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents. (Also see "Cleaning and dyeing, small plant or shop" - 3.5.13.)

3.6.3 General commercial plant: An establishment other than a personal service shop 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 plant.

3.6.4 General manufacturing: Manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this chapter.

3.6.5 Industrial park: A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

3.6.6 Junk or salvage yard: A lot or area in which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes an automobile wrecking yard and automobile parts yard. A "junkyard" does not include such uses conducted entirely within an enclosed building. (Also see "Metal dealer, secondhand" - 3.5.30a; "Automobile wrecking yard or junkyard" - 3.4.11.

3.6.7 Light manufacturing: 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.

3.6.8 Salvage yard: See "Junk or salvage yard" - 3.6.6.

3.6.9 Self-storage, mini-warehouse: A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.

3.6.10 Storage or wholesale warehouse, light: A building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

3.6.11 Storage or wholesale warehouse, heavy: A building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

3.7 Accessory uses

3.7.1 Accessory building or use: An accessory building or use is one which: (i) is subordinate to and serves a principal building or principal use; and (ii) is subordinate in area, extent, or purpose to the principal building or principal use served and is not physically connected to the principal building (if connected to the principal building, a structure becomes part of the principal building); and (iii) contributes to the comfort, convenience and of occupants of the principal building or principal use served; and (iv) is located on the same building lot as the principal use served.

3.7.2 Carport: A structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension. No tarps allowed and must be outside of all setbacks.

3.7.3 Construction yard (temporary): A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as field office. (Also see § 154.040.)

3.7.4 Field or sales office (temporary): A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for "temporary buildings" shall be issued for a period of time not to exceed 18 months. Extensions may be granted only by the City Council. Upon due notice and hearing by and before the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this chapter or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard. (Also see 3.7.3 above.)

3.7.5 Customary home occupation: An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a "residential dwelling" as hereinafter defined, subject to compliance with each of the following conditions:

(1) "Residential dwelling" shall mean a detached building designed, used and occupied exclusively by members of one family as a residence.

(2) No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.

(3) Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft, or economic enterprise shall never exceed 25% of the total of the floor area of the residential dwelling.

(4) Not more than one non-illuminated sign advertising the home occupation shall be allowed; said sign shall be not more than one square foot in area and shall be mounted on the building in which the home occupation is being conducted.

(5) The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

(6) No exterior storage of material, equipment, and/or supplies used in conjunction with such occupation, profession, domestic craft, or enterprise shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.

(7) No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.

(8) The occupation, profession, domestic craft, or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

(9) The only equipment to be used in such occupation, profession, domestic craft, or enterprise shall be that which is ordinarily used in a private home in a like amount and kind.

(10) A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents.

3.7.6 Garage, private: A detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.

3.7.7 Wind energy conversion system: Means a wind-driven turbine (whether roof or tower mounted), and associated control or conversion electronics for the purpose of providing electrical power to a privately owned lot or parcel. These systems are considered accessory uses in all zoning districts.

3.7.8 Wind turbine: The individual component of a wind energy conversion system that converts kinetic energy from the wind into electrical energy, independent of the electrical conductors, electrical storage system, electrical metering, or electrical inverters. This term shall include the shroud and the towers or supporting structures.

(Ord. 1249, passed 8- -25)