7.01. Standard Zoning Definitions.
Words and terms not expressly defined in this section are to be construed according to the normally accepted meaning of such words or terms or, where no definition appears, according to their customary usage in the practice of municipal planning and engineering.
ABANDONMENT. To cease or discontinue a use or activity other than short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
ABUTTING. Adjacent, adjoining, and contiguous to. It may also mean having a lot line in common with a right-of-way or easement, or with a physical improvement such as a street, waterline, park, or open space.
ACCESS. A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase "pedestrian access easement").
ACCESSORY BUILDING. A subordinate building incidental to the main structure.
ACCESSORY USE. A use that is clearly and customarily incidental and secondary to the principal use of land or building(s), and that is located upon the same lot, and that does not change the character thereof. The land/building area that is used for the accessory use is significantly less than that used for the principal use.
ADULT DAY-CARE SERVICES. A facility that provides services on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.
AGRICULTURAL USE. Land where the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including, forages and sod crops, grains and seed crops, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses and ponies.
AIRPORT or AIRPORT FACILITY. A complex of runways and buildings for the takeoff, landing, and maintenance of aircrafts, with facilities for passengers.
ALCOHOLIC BEVERAGE SALES AND SERVICE (ON-SITE CONSUMPTION). An establishment operated within a restaurant, stadium, or other facility that offers alcoholic beverages, either mixed or unmixed, consisting of distilled spirits, wine, beer, or other alcoholic beverages for sale and consumption on the premises.
ALCOHOL SALES (OFF-PREMISES CONSUMPTION). An establishment principally for the retail sale of sealed containers of beer and wine for consumption off-premises. For this definition, alcoholic beverage as defined by the Tex. Alcoholic Beverage Code means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
ALLEY. A public right-of-way, not intended to provide the primary means of access to abutting lots, that is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
ALTERNATIVE FINANCIAL ESTABLISHMENT. A check cashing business, money transfer business, payday advance or loan business, or title loan business, or any business that provides capital at a high rate of interest with a short repayment period measured most accurately measured in days or weeks to leveraged consumers having no other source of capital. An ALTERNATIVE FINANCIAL ESTABLISHMENT does not include state or federally chartered banks, community development financial institutions, savings and loans, and credit unions.
AMBULANCE SERVICE. A facility for the dispatch, storage and maintenance of emergency medical care vehicles.
AMORTIZATION. Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be recovered within a definite period of time and the property or use can be made to conform to the regulations of this Zoning Ordinance.
AMUSEMENT, COMMERCIAL (INDOORS). An amusement enterprise wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a climbing wall center, laser tag, video arcade, trampoline park, go-kart track, or billiard parlor.
AMUSEMENT, COMMERCIAL (OUTDOORS). An 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, miniature golf course, carnival, riding stables, or race tracks.
ANIMAL SHELTER or PET BOARDING (WITH OUTSIDE YARD/KENNELS). Facility with a fenced yard or outside kennels in which three or more dogs, cats, or other domestic animals are held for adoption or accepted for boarding for which payment is received. Sometimes referred to as "doggy day care" or a "pet hotel".
ANIMAL SHELTER or PET BOARDING (WITHOUT OUTSIDE YARD/KENNELS). Facility entirely indoors in which three or more dogs, cats, or other domestic animals are held for adoption or accepted for boarding for which payment is received. Sometimes referred to as "doggy day care" or a "pet hotel".
ANTENNA SUPPORT STRUCTURES.
a. MONOPOLE ANTENNA STRUCTURE. A self-supporting pole type structure with no guy wire support, tapering from base to top and so designed to support fixtures that hold one or more antennas and related equipment for wireless telecommunication transmission.
b. LATTICE ANTENNA STRUCTURE. A steel lattice, self-supporting structure with no guy wire support, so designed to support fixtures that hold one or more antennas and related equipment for wireless communication transmission.
c. GUYED LATTICE ANTENNA STRUCTURE. A steel lattice, guy wire supported structure, so designed to support fixtures that hold one or more antennas and related equipment for wireless communication transmission.
ANTIQUE SHOP. An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishing and decorations that have value and significance due to age, design, and sentiment.
APARTMENT. A building, or portion of a building, designed for occupancy by three or more households living independently of each other where each household occupies one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit not owned in fee simple.
APPLICANT. The person or entity responsible for the submission of an application. The APPLICANT must be the actual owner of the property for which an application is submitted, or a duly authorized representative of the property owner. Also see DEVELOPER.
APPLICATION. The package of materials, including but not limited to an application form, completed checklist, tax certificate, drawings or studies, and other informational materials, that is required by the city to initiate city review and approval of a development project.
APPLICATION FORM. The written form (as provided by and as may be amended by the Zoning Administrator) that is filled out and executed by the applicant and submitted to the city along with other required materials as a part of an application.
APPROVAL.
a. Approval constitutes a determination by the official, board, commission or City Council responsible for such determination that the application is in compliance with the minimum provisions of this Zoning Ordinance.
b. Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.
ART GALLERY or MUSEUM. An institution for the collection, display, or distribution of objects of art that is open to the general public, and may be sponsored by a public or quasi-public agency or a private agency.
ARTERIAL.
a. A street designated within the Master Thoroughfare Plan.
b. A principal traffic way more or less continuous across the city or areas adjacent thereto, intended primarily to provide for the movement of through traffic, and that shall act as a principal connecting street with highways as indicated in the Master Thoroughfare Plan.
ARTISAN'S WORKSHOP. An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.
ASSISTED LIVING. A residential facility that restricts occupancy to residents 55 and older and that may provide additional accommodations such as transportation, meals, facilities for on-site medical care or examination, and hospice care.
AUCTION HOUSE. A facility that receives and stores any item(s), including, but not limited to, motorized vehicles and heavy equipment, for auction.
AUTOMOBILE BODY SHOP. A facility that provides collision repair services, including body frame straightening, replacement of damaged parts, and paint repair or repainting but not including repair of mechanical components.
AUTOMOBILE OR OTHER MOTORIZED VEHICLE SALES AND SERVICE. A business providing sales, display, and service of new and used motorized vehicles, including automobiles and light trucks under 16,000 pounds gross vehicle weight rating (GVWR), motorcycles, RVs, and boats, not including semi-truck or heavy truck sales.
AUTOMOBILE PARTS STORE. Stores selling automobile parts, tires, and accessories.
AUTOMOBILE RENTAL. A business that rents automobiles and light trucks under 16,000 pounds gross vehicle weight for personal use at a daily rate.
AUTOMOBILE SALVAGE. A facility that derives some or all of its income from storage of inoperable or salvaged vehicles for the purpose of resale (including heavy load vehicles). A salvaged vehicle includes vehicles that have been declared a total loss due to damage or mechanical deficiencies, qualify as "non-repairable" as that term is defined by the Texas Department of Motor Vehicles, are partially or totally dismantled, or vehicles that otherwise derive the majority of their value from the scrap value of their materials or parts. An AUTOMOBILE SALVAGE operation may include the retail sales of salvaged parts and complete or disassembled vehicles or chassis, such as a "pick n' pull".
AUTOMOBILE SERVICE GARAGE (MAJOR). A facility for repairs involving removal, disassembly, and rebuilding of major engine and drivetrain components including engine, transmission, differential, drive axle, or other lubricated components, electrical, or hybrid or electric vehicle battery components, with all work being conducted inside a building and often spanning multiple days.
AUTOMOBILE SERVICE GARAGE (MINOR). A facility for routine automobile services or minor repairs, such as tire services, oil changes, brake repair, battery sales, suspension components, and other peripheral part replacement that does not involve removal or disassembly of the drivetrain, with all work being conducted inside the building and generally within a 24 hour period.
AUTOMOBILE WRECKER AND IMPOUND LOT. A business that employs a tow truck or flat-bed truck to recover vehicles for temporary storage or impound for a period not to exceed 90 days.
AVERAGE GRADE. The average elevation measured at the mid-point of all building walls where they intersect the ground.
BAIL BOND SERVICES. A bail bond service or bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court.
BAKERY (RETAIL). A place for preparing, cooking, baking, and selling of baked goods, such as pastry items and donuts on the premises.
BANK or FINANCIAL INSTITUTION. An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This includes business activities listed under SIC (Standard Industrial Classification) Codes 60 and 61, but excludes pawnshops, check cashing businesses, payday advance/loan businesses, money transfer businesses and car title loan businesses (see ALTERNATIVE FINANCIAL ESTABLISHMENT).
BANQUET HALL. A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, and to which admission is not offered to the general public, whether or not a fee is charged.
BED AND BREAKFAST INN. An owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A BED AND BREAKFAST INN may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A BED AND BREAKFAST INN shall not include restaurants, banquet facilities or similar services.
BLOCK. A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, highway, stream, or corporate boundary lines.
BOARD. See BOARD OF ADJUSTMENT.
BOARDING HOUSE. A dwelling unit where sleeping units are let, with or without meals, and the dwelling unit is not occupied as a single-family dwelling. Occupants do not have exclusive access to kitchen and/or bathroom facilities and have limited or no access to non-common areas of the dwelling unit. Each occupant has a separate agreement with the owner and may be evicted individually without affecting the other occupants.
BOARD OF ADJUSTMENT. The City's Board of Adjustment.
BOOK STORE. A retail establishment that, as its primary business, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other printed or electronically conveyed information or media.
BOWLING ALLEY. An establishment that devotes more than 50% of its gross floor area to bowling lanes, equipment, and playing area. A BOWLING ALLEY is wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.
BREWERY or DISTILLERY. An industrial use that brews ales, beers, meads, or similar beverages on site. BREWERIES and DISTILLERIES are classified as a micro and macro based on barrels brewed annually.
a. MICROBREWERY or MICRODISTILLERY. Any facility that brews fewer than 10,000 barrels annually and may include a tasting room, brewpub, and retail sale for off-premises consumption.
b. MACROBREWERY or MACRODISTILLERY. Any facility that brews 10,000 barrels or more annually and may include a tasting room.
BREWPUB. A restaurant in which the owner or operator, pursuant to a brewpub license granted by the Texas Alcoholic Beverage Commission (TABC), (i) manufactures, brews, bottles, cans, packages, and labels malt liquor, ale, and beer; and (ii) sells or offers without charge, on the premises of the restaurant, to ultimate consumers for consumption on or off those premises, malt liquor, ale, or beer produced by the owner or operator, in or from a lawful container, to the extent the sales or offers are allowed under the owner or operator's other TABC permits or licenses.
BUILDING. Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.
BUILDING FAÇADE.
a. PRIMARY FAÇADE. A façade that faces a public or private street or street right-of-way, park, courtyard, or trail.
b. SECONDARY FAÇADE. A façade that does not face a public or private street or street right-of-way, park, courtyard, or trail.
c. FRONT FAÇADE. The façade that contains a primary public entrance to a building.
BUILDING HEIGHT. The vertical distance measured from grade to the midpoint between the highest roof peak and the eave.
BUILDING OFFICIAL. The Building Official of the city or their designee.
BUILDING PERMIT. A permit issued by the city before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the city code.
BUILDING SETBACK LINE. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way/property line.
BUSINESS. Retail, commercial and manufacturing uses and districts as defined in the Zoning Ordinance.
CAR WASH, FULL SERVICE. A facility where a customer can have a motorcycle, automobile, and light load vehicle washed in exchange for financial consideration.
CAR WASH, SELF SERVICE. A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.
CARPENTRY SHOP. A shop involving woodworking and the assembly of wood products.
CARPORT. A roofed structure used for vehicle storage that is not permanently enclosed on at least three sides and which is constructed over a parking space accessible by a driveway to a public street or alley.
CATERING SERVICE. A service providing meals or refreshments for public or private entertainment for a fee.
CEMENT STORAGE. A facility for unpackaged storage of raw cement, a binding substance used in concrete, mortar, and other construction applications.
CEMETERY or MAUSOLEUM. Property used for the interring of the dead.
CERTIFICATE OF OCCUPANCY. Written authorization issued by the Building Official to conduct a use listed in subsection 3.03 Use Chart at a particular location.
CERAMIC AND POTTERY MANUFACTURER. Manufacturing site for ceramic and pottery goods, including dust, odor, and fume control.
CHILD CARE FACILITY (CHILDREN'S HOME). A business for the care of children at a location other than a caretaker's residence for more than 24 hours. See Chapter 42 of the Tex. Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.
CHILD CARE FACILITY (DAY-CARE CENTER). A business for the care of children at a location other than a caretaker's residence for less than 24 hours a day, for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week. See Chapter 42 of the Tex. Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.
CHILD CARE HOME (SEVEN OR MORE CHILDREN). A child-care facility that provides care in the caretaker's own residence for seven or more children, excluding children who are related to the caretaker, for less than 24 hours a day, but at least two hours a day, three or more days a week. See Chapter 42 of the Tex. Human Resources Code.
CHILD CARE HOME (UP TO SIX CHILDREN). A child-care facility that provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, with the total number of children not to exceed 12. Also known as a "Family Home". When the home operates as part of a network of homes, may be referred to as a "Cottage Family Home"(See Chapter 42 of the Tex. Human Resources Code).
CITY. The City of Cleburne, Texas, together with all its governing and operating bodies.
CITY ATTORNEY. The City Attorney of the city.
CITY COUNCIL. The City Council of the city.
CITY MANAGER. The City Manager of the city or their designee.
CITY SECRETARY. The person(s) so designated by the city to provide clerical and official services for the City Council. This term shall also include any designee of the CITY SECRETARY.
CIVIC/CONVENTION CENTER. A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes and rentable by large groups such as professional organizations, orchestras, plays, stage productions, debates, and recitals.
CODE OF ORDINANCES. The Cleburne Code of Ordinances, as amended.
COLLECTOR. A street that is continuous through several residential districts and is intended as a connecting street between residential districts and nonresidential districts, highways, or business districts, and that may serve both through-traffic and local access functions.
COMMISSION. See PLANNING AND ZONING COMMISSION.
COMMON ACCESS EASEMENT. See EASEMENT, COMMON ACCESS.
COMMUNITY CENTER, PRIVATE or CLUBHOUSE. A building or facility designed for the recreational use or other common use by a neighborhood or community other than the general public, and that is typically owned, operated, or maintained by an entity such as a homeowners' or property owners' association, neighborhood organization, or management company.
COMMUNITY HOME I. A licensed residential facility that provides food and shelter, personal guidance, care, habilitation services, and supervision for no more than six persons with a disability as defined by Chapter 123 of the Tex. Human Resources Code, the Americans with Disabilities Act or the Fair Housing Act.
COMMUNITY HOME II. A licensed residential facility that provides food and shelter, personal guidance, care, habilitation services, and supervision for seven or more persons with a disability as defined by Chapter 123 of the Tex. Human Resources Code, the Americans with Disabilities Act or the Fair Housing Act.
COMPREHENSIVE PLAN. The plan adopted by City Council under the authority of Tex. Local Gov’t Code Chapter 213 for the purpose of promoting sound development and the public health, safety, and welfare and that is used to coordinate and guide the establishment of development regulations, including this Zoning Ordinance.
CONCEPT PLAN. A generalized plan that depicts how future development may occur on a property. An approved concept plan forms the basis for reviewing future submittals of plans, plats, and permits, along with the requirements of the zoning code and other city codes. Concept plans contain information regarding planned or proposed uses, buildings, streets, utilities, and open space, but do not contain final design or engineering of improvements that are necessary for final review and approval of a project or permit.
CONCRETE OR ASPHALT BATCHING PLANT, PERMANENT. A permanent manufacturing facility for the production of concrete or asphalt.
CONCRETE OR ASPHALT BATCHING PLANT, TEMPORARY. A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.
CONSIGNMENT STORE. A store that receives merchandise on consignment from individuals and places for resale.
CONTRACTOR'S SHOP or STORAGE YARD. A building, part of a building, or land area for the construction or outdoor or indoor storage of materials, tools, products, and vehicle fleets.
CONVENIENCE STORE. A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, that has less than 20,000 gross square feet of floor area. For purposes of this definition, “convenience” goods mean food, beverage, household, personal care and pharmaceutical items. A gasoline pump is not considered a drive-in or drive-through service.
COUNCIL. See CITY COUNCIL.
COUNTRY CLUB. An area containing a golf course and club house that may include as adjunct facilities a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.
COUNTY. Johnson County, Texas and any of its agencies or officers, unless otherwise specified.
DANCE, MUSIC, OR DRAMA STUDIO. Studio for performing arts education or similar activities.
DEVELOPER.
a. A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, development, or improvement of land and other activities covered by this Zoning Ordinance.
b. The word DEVELOPER is intended to include the terms subdivider, property owner, and, when submitting platting documents, applicant.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, paving, drainage, utilities, storage, and agricultural activities.
DEVELOPMENT DIRECTOR. The person designated by the City Manager to provide oversight for and have responsibility of the city's planning and development related duties. This term shall also include any designee of the Development Director. Also, this term shall be inclusive of any future variations of the term (see Zoning Administrator).
DONATION OR RECYCLING COLLECTION POINT. An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations and recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in a public/quasi-public area such as in a church and school.
DRIVE-THRU OR DRIVE-IN USES. A commercial use that allows patrons to purchase and receive goods or services without leaving a vehicle by utilizing one or more drive-through lanes, drive-in spaces, order boards, or pick-up windows. Does not include a restaurant, car wash, full service or parking spaces reserved for take-out, carside, or curbside service where goods or services are purchased within a building or prior to entering the site.
DUPLEX. See DWELLING, SINGLE-FAMILY (ATTACHED - DUPLEX).
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING, MULTI-FAMILY. Any building, or portion thereof, that is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments.
DWELLING, SINGLE-FAMILY (ATTACHED - DUPLEX). A building designed for occupancy for two families living independently of each other. A two-family attached unit (also known as a duplex) consists of two units on a single lot or has a lot line dividing the building and separating the building's two dwellings units onto two separate lots.
DWELLING, SINGLE-FAMILY (ATTACHED - TOWNHOUSE). A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.
DWELLING, SINGLE-FAMILY (DETACHED). A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.
EASEMENT. A grant by a property owner of the use of land by the public, a corporation, entity, or persons for specific purposes.
EASEMENT, COMMON ACCESS. An easement created for the purpose of providing vehicular or pedestrian access to a property.
EFFECTIVE DATE. The date this Zoning Ordinance, or a subsequent amendment thereto, shall become effective.
ELECTRICAL ENERGY GENERATING PLANT. A facility or structure where electrical (high voltage) energy is generated.
ELECTRICAL POWER SUBSTATIONS. A part of the electrical distribution system with the primary function to transform electrical voltage, and includes transformer stations and switching stations.
ELECTRICAL TRANSMISSION. Distribution components of the electrical system including, but not limited to, lines, wires, conduit, transformers, and support poles.
ENCLOSED BUILDING. A building that must be enclosed on four or more sides, with customary openings for windows and doors.
ENGINEER. Per Tex. Occupations Code § 1001.002, as may be amended, a person licensed to engage in the practice of engineering in the State of Texas.
EQUESTRIAN CENTER. An improved area, lighted and generally fenced, of at least 30 feet in width or length within which equestrian activities involving horse riding or driving occurs. Also includes boarding stables.
EQUIPMENT RENTAL (HEAVY). An establishment that rents large equipment and machinery such as compressors, backhoes, front-end loaders, roller compactors, generators, tree coppers, trailers, bulldozers, trenching machines, sky lifts, tractors, and dump trucks. The equipment is generally stored outside. This use may involve the starting and running of machinery.
EQUIPMENT REPAIR SHOP. Business providing basic repair services for mechanical equipment.
ESTABLISHED BUILD LINE. Where a building line has been established along the same side of the street within an existing block and the building line creates a front yard setback lesser in depth than that required by the zoning district (applies in the SF-7, Single-Family Dwelling District).
ETJ. See EXTRATERRITORIAL JURISDICTION.
EXTERMINATOR. A business providing services for the extermination of rodents and insects.
EXTRATERRITORIAL JURISDICTION. The unincorporated area, not a part of any other municipality, that is contiguous to the corporate limits of the city, the outer limits of which are measured from the extremities of the corporate limits of the city outward up to the distance stipulated in Tex. Local Gov’t Code Chapter 42, as may be amended, according to the population of the city, and in which area the city may apply its subdivision regulations and other ordinances and regulations specifically provided by state law to be applied within the EXTRATERRITORIAL JURISDICTION.
FABRICATION, METAL OR PLASTIC. The creation of parts, components, molds, or other objects for use or display from metal or plastic base materials.
FAMILY. A person living alone, or one of the following groups of people living as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:
a. Any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship;
b. Up to four unrelated people; or
c. Up to two unrelated people and any children (including adopted children) related to either of them.
FARMER'S MARKET. An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.
FEE SCHEDULE. A separate document listing fees for various city applications, prepared by the City Manager or designee and approved by City Council and which may be amended periodically.
FEED STORE. An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.
FLEA MARKET. A retail market, customarily outdoors, with booths from which vendors generally sell secondhand goods.
FLOODPLAIN. An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the Flood Insurance Rate Map (FIRM) of the city.
FLOOR AREA.
a. GROSS FLOOR AREA. The floor area within the inside perimeter of the exterior walls of a building exclusive of vent shafts and courts, but including corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
b. NET FLOOR AREA. The floor area within the inside perimeter of the exterior walls of a building exclusive of all non-habitable space such as garages, stairways, closets, and utility rooms.
FLORIST. Retail business whose principal activity is the selling of plants that are not grown on the site and whose business is conducted within an enclosed building.
FOOD PROCESSING PLANT. A building or plant that uses special processes, treatments or blending of foods to achieve a specified result. Not a distribution center.
FRATERNAL ORGANIZATION. A facility or building, other than an office, professional, medical, or business used by a private organization and limited to use by its members and that may include one or more accessory uses such as alcoholic beverage sales and service (on-site consumption) or special event center.
FREEWAY. State Highway 121/Chisholm Trail Parkway and U.S. 67, including frontage roads.
FRONT YARD. See YARD, FRONT.
FRONTAGE. All the property abutting on one side of the street, or between two intersecting streets, measured along the street line.
FUNERAL HOME or MORTUARY. Establishment engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals.
FURNITURE REPAIR AND UPHOLSTERING SHOP. A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair.
GASOLINE OR DIESEL PASSENGER VEHICLE FILLING OR SERVICE STATION. Property used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of passenger motor vehicles, including any associated use.
GASOLINE OR DIESEL PASSENGER VEHICLE SELF-SERVICE PUMPS ONLY. Property used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of passenger motor vehicles. This use addresses the presence of self-service pumps only and does not include any related buildings, such as an associated convenience store or service station.
GASOLINE OR DIESEL TRUCK FILLING OR SERVICE STATION. Property used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of commercial motor vehicles, such as semi-trailer truck, including any associated convenience store or service station.
GASOLINE OR DIESEL TRUCK FILLING OR SERVICE STATION WITH OVERNIGHT PARKING. A gasoline or diesel truck filling or service station with accommodation for sleeping, showering, dining, and overnight parking.
GOLF COURSE. A private or public tract of land laid out with at least nine holes for playing a game of golf or a derivation of golf such as frisbee golf and improved with tees, greens, fairways, and hazards. A GOLF COURSE may include a clubhouse and shelters as accessory uses.
GREENHOUSE (COMMERCIAL NON-HOBBY). A building or enclosed facility used or designed to grow plants for commercial use.
GROCERY STORE (LESS THAN 20,000 SQUARE FEET). See CONVENIENCE STORE.
GROCERY STORE (EQUAL TO OR GREATER THAN 20,000 SQUARE FEET). A retail establishment that sells fresh meat, produce, dairy, and bread as well as prepackaged foods and other household goods and may include other ancillary uses such as restaurant or cafeteria, without drive-thru, pharmacy, and medical clinic.
GUEST HOUSE/IN-LAW QUARTERS. Living quarters operated as an incidental/accessory use that is either attached or detached from the principal residence and used without renting or leasing as a residence by either guests or persons employed to provide domestic services to the occupants of the principal residence.
GUN CLUB, SKEET OR TARGET RANGE (INDOOR). The use of a structure for archery or the discharging of firearms indoors for the purpose of target practice or competition.
GUN CLUB, SKEET OR TARGET RANGE (OUTDOOR). The use of land for archery or the discharging of firearms outdoors for the purpose of target practice or competition.
GYM or HEALTH/FITNESS CENTER. A facility where individuals use equipment or facilities for the purpose of physical exercise.
GYMNASTIC STUDIO. A building or portion of a building used as a place of work for a gymnast or for instructional classes in gymnastics.
HALFWAY HOUSE. A facility for the housing, rehabilitation and training of persons on probation, parole or early release from correctional institutions, or other persons found guilty of criminal offense as regulated by Tex. Gov’t Code Chapter 508.
HANDICRAFT SHOP. A shop where handcrafted art objects are made and displayed for sale.
HAZARDOUS WASTE DISPOSAL. A facility for the disposal of hazardous materials (see subsection 3.06).
HEAVY LOAD VEHICLE. A self-propelled vehicle having a manufacturer's recommended gross vehicle weight rating (GVWR) equal to or greater than 16,000 pounds, such as large recreational vehicles exceeding 32 feet, semi-trucks or tractor-trailers, buses, farm or construction equipment, and other similar vehicles.
HEAVY LOAD VEHICLE SALES AND SERVICE. Retail sale and minor service (oil change, tire change, brake service, and other services similar to those authorized for automobile service garage (minor)) of heavy load vehicles, including recreational vehicles, trailers, and industrialized housing regardless of weight rating from a lot where vehicles are offered for sale in an operable condition, are parked on an improved surface, and where sales are conducted from an office in a permanent building.
HEAVY LOAD VEHICLE SERVICE GARAGE. A facility for repair of heavy load vehicles involving functions included under automobile service garage (minor) and also involving the removal, disassembly, and rebuilding of major engine and drivetrain components including engine, transmission, differential, drive axle, or other lubricated components, electrical, or hybrid or electric vehicle battery components, with all work being conducted inside a building and often spanning multiple days.
HEIGHT (BUILDING). See BUILDING HEIGHT.
HELIPORT or HELISTOP. An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
HOBBY SHOP. A retail shop that sells materials and supplies to persons for the making of arts and crafts, including models.
HOME-BASED BUSINESS. A business, occupation, or profession conducted within a residential dwelling unit by one or more permanent occupants of the dwelling.
HOMEOWNERS' OR PROPERTY OWNERS' ASSOCIATION. A formal non- profit organization operating under recorded land agreements through which:
a. Each lot or property owner in a specific area is automatically a member;
b. Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and
c. The charge if unpaid, becomes a lien against the nonpaying member's property.
HOSPITAL, ACUTE CARE. An institution where sick or injured patients are given medical or surgical treatment on an out-patient basis, and that is licensed by the State of Texas.
HOSPITAL, CHRONIC CARE. An institution where persons suffering from serious illness or injury are given care and treatment on an in-patient or prolonged basis, and that is licensed by the State of Texas.
HOTEL. A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Hotel room units are assessed through doorways into an internal hallway, courtyard or lobby. Financial consideration for hotel room units is generally calculated on a nightly basis.
HOTEL, EXTENDED STAY. A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Residence hotel room units are designed to be suitable for long-term occupancy with financial consideration being calculated on a nightly, weekly, or monthly basis. A HOTEL, EXTENDED STAY is not considered a dwelling unit or residential use.
IMPROVED SURFACE. Concrete or asphalt surface meeting the city's standard detail requirements or as specified in this Zoning Ordinance.
IMPROVEMENT. Any man-made fixed item that becomes part of or placed upon real property. See also PUBLIC IMPROVEMENT.
INDUSTRIALIZED (COMMERCIAL) BUILDING. Per Tex. Occupations Code § 1202.003, as may be amended:
a. A commercial structure that is:
i. Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site; and
ii. Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed.
b. An INDUSTRIALIZED BUILDING includes the structure's plumbing, heating, air conditioning, and electrical systems.
i. An INDUSTRIALIZED BUILDING includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site but does not include commercial building or structure that is:
1. Installed in a manner other than on a permanent foundation; and
2. Either:
a. Not open to the public; or
b. Less than 1,500 square feet in total area and used other than as a school or a place of religious worship.
INDUSTRIALIZED HOUSING. Per Tex. Occupations Code § 1202.002, as may be amended:
a. A residential structure that is:
i. Designed for the occupancy of one or more families;
ii. Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
iii. Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
b. INDUSTRIALIZED HOUSING includes the structure's plumbing, heating, air conditioning, and electrical systems.
c. INDUSTRIALIZED HOUSING does not include:
i. Housing constructed of a sectional or panelized system that does not use a modular component; or
ii. A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
d. See subsection 3.04.B.16) for industrialized housing regulations.
e. For mobile homes and manufactured homes, see MANUFACTURED HOUSING.
INFRASTRUCTURE. All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the city.
INSTITUTION FOR THE CARE OF ALCOHOLIC, PSYCHIATRIC OR NARCOTIC PATIENTS. An institution offering resident treatment to alcoholic, psychiatric or narcotic patients.
JEWELRY MANUFACTURING OR ASSEMBLY. A facility for manufacturing or assembling jewelry.
LANDFILL. A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive.
LAUNDRY, COMMERCIAL. An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.
LAUNDRY, DRY CLEANING DROP-OFF/PICK-UP. A launderer that cleans fabrics, clothes, and linens with facilities for on-site drop-off and pick-up by the patron.
LAUNDRY, SELF-SERVICE. A laundromat facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.
LEATHER PRODUCT AND SADDLE MANUFACTURING. A facility that uses animal hides to produce products for sale, including saddles.
LIBRARY. A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.
LIGHT ASSEMBLY AND MANUFACTURING PROCESSES.
a. The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials.
b. Light fabrication, assembly, manufacturing, and packaging processes are those that do not emit detectable dust, odor, smoke, gas or fumes beyond the property lines of the lot or tract upon which the use is located and that do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.
LIGHT LOAD VEHICLE. A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
LIVE WORK UNIT. A dwelling unit such as an apartment in which a significant portion of the space includes a nonresidential use that is operated by the tenant where all uses, including the live work unit itself and the associated nonresidential use are permissible under subsection 3.03.
LOCAL STREET. A street used primarily for access to the abutting properties.
LOT. Land occupied, or to be occupied, by a building and its accessory buildings and including such open spaces as are required under this chapter and having its principal frontage on a public street or officially approved place.
LOT DEPTH. The mean horizontal distance from the front property line or right-of-way to the rear property line or the line that is most nearly parallel to the front property line.
LOT LINES. Means the lines bounding a lot.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk, or a parcel of land, the deed for which has been recorded in the office of the County Clerk prior to adoption of the Zoning Ordinance.
LOT WIDTH. The mean horizontal distance between side lines measured at right angles to the depth.
MANUFACTURED HOUSING. Prefabricated housing products that are typically manufactured or assembled at a location other than the end user's permanent site, and that are regulated by the Texas Manufactured Housing Standards Act (Tex. Occupations Code Chapter 1201) and Tex. Occupations Code Chapter 1202, Industrialized Housing and Buildings. For the purpose of this ordinance, the following constitute the types of manufactured homes:
a. MOBILE HOME.
i. Any manufactured home that was constructed prior to June 15, 1976.
ii. As governed by the definition within the Texas Manufactured Housing Standards Act (Tex. Occupations Code § 1201.003), a movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, that is constructed with a base section so as to be independently self-supporting, and that does not require a permanent foundation for year-round living.
b. MANUFACTURED HOME.
i. Manufactured homes are regulated by HUD Code. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976. A HUD-Code manufactured home will display a red certification label on the exterior of each transportable section.
ii. As governed by the definition within the Texas Manufactured Housing Standards Act (Tex. Occupations Code § 1201.003), a movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, that can be used as a residential dwelling either with or without a permanent foundation.
MANUFACTURING OR INDUSTRIAL OPERATIONS. An establishment engaged in manufacturing, assembly, packaging, or other similar process where products are manipulated from raw materials or base components into a finished commodity for wholesale or retail sale. This definition also includes the bulk storage and handling of products and materials associated with the manufacturing or industrial process, or a manufacturing or industrial use having the potential to produce noise, dust, glare, odors, or vibration that will affect neighboring properties if not property attenuated.
MASTER THOROUGHFARE PLAN. The plan that guides the development of adequate roadway circulation and traffic management within the city, and includes the official map designating the ultimate cross sections of streets as local street, collector street, arterial street, or freeway.
MEAT PROCESSING PLANT. A building where live animals are killed and sold after packing and processing.
MEDICAL CLINIC. A group of offices for one or more physicians, surgeons, chiropractors, or dentists engaged in treating the sick or injured, but not including rooms for the chronic care of patients.
MOBILE HOME PARKS, TRAILER PARKS, TRAILER COURTS, or TRAILER SUBDIVISIONS. An area designated, arranged, or used for the location of mobile homes that are intended for occupancy as living quarters by individuals or families. RV parks are not included in this definition.
MODULAR HOME. See INDUSTRIALIZED HOUSING.
MOTEL. A building or group of buildings in which lodging is provided to transient guests, offered to the public for compensation, and in which access to and from each room or unit is through an exterior door allowing for direct access from a vehicle to the room or unit door.
MOVIE THEATRE. A specialized theater for showing movies or motion pictures.
MOVIE THEATRE, DRIVE IN. An establishment that allows patrons to watch movies on-site from their vehicles and where the movies are projected onto a physical screen or surface while audio is broadcast via a designated radio frequency or other means not involving sound that is amplified or otherwise capable of being heard beyond the property line of the theater.
MULTI-FAMILY. See DWELLING, MULTI-FAMILY.
NEWSPAPER PRINTING. A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.
NONCONFORMING LOT. A lot that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception (see subsection 3.07).
NONCONFORMING STRUCTURE. A structure that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception (see subsection 3.07).
NONCONFORMING USE. A use of land that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception (see subsection 3.07).
NONCONFORMITIES. A general term used to refer to nonconforming uses, nonconforming structures, and nonconforming lots (see subsection 3.07).
NON-PROFIT SERVICES. A facility operated by a non-profit organization concerned with charity and provision of help or relief to people through the collection and distribution of contributed items and funds. Customary uses include storage of supplies prior to distribution, offices, and short-term over-night accommodations for displaced individuals.
NONRESIDENTIAL USE. A use other than a residential use, including residential and nonresidential uses in the same building (mixed-use).
NONRESIDENTIAL ZONING DISTRICTS. The NC, LC, RC, MU, CI, and I Zoning Districts. See Table 2: Zoning Districts.
NURSERY, NON-RETAIL. An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees and other materials used in indoor or outdoor plantings, and the contracting for installation or maintenance of landscape material as an accessory use. Outdoor display and storage is presumed with this use.
NURSERY, RETAIL. A retail business for the display and sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.
OFFICE, PROFESSIONAL, MEDICAL, OR BUSINESS. A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.
ON-PREMISE RESIDENCE. A residence located on a nonresidential premises and occupied only by an employee of the business that occupies the nonresidential premises.
OPEN SPACE. Area included in any side, rear or front yard, or any unoccupied space on the lot that is open and unobstructed to the sky, except for the ordinary projection of architectural features such as cornices, eaves, or bay windows.
OUTSIDE DISPLAY. The temporary outside display of finished goods. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., outside storage) of such finished goods. Examples of OUTSIDE DISPLAY include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing. For information regarding OUTSIDE DISPLAY regulations, see the Use Chart and subsection 3.04.B.18.
OUTSIDE SALES. The sale of goods or commodities from an open yard where no sales activity is conducted from a permanent building.
OUTSIDE STORAGE. The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than 24 hours.
PARK, PLAYGROUND, OR COMMUNITY CENTER, PUBLIC. An open recreational facility or park owned and operated by a public agency such as the city or the school district, and available to the general public.
PARKING (PRINCIPAL USE). An open area or place, other than a street or alley, used for temporary parking of vehicles with no other principal use or principal building on the same lot.
PARKING (HEAVY LOAD VEHICLES). An open area or place, other than a street or alley, used for temporary parking of vehicles 16,000 pounds GVWR or higher.
PARKING GARAGE. A multilevel structure used for temporary parking or storage of automobiles which may include other commercial uses on the ground floor.
PARKING SPACE. An area of not less than 162 square feet (measuring approximately nine feet by 18 feet), not on a public street or alley, surfaced with an all-weather surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. Such term, unless otherwise specified, does not include in any residential use district the parking of heavy load vehicles for commercial purposes or head-in parking adjacent to a public thoroughfare wherein the maneuvering is done on a public street.
PAWN SHOP. An establishment that lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or, that deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.
PENAL AND CORRECTIONAL INSTITUTIONS. Publicly or privately operated facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail, prison, and halfway house.
PERSONAL SERVICE SHOP. Establishments primarily engaged in providing services generally involving the care of the person or apparel including but not limited to barber and beauty shops, nail shops and massage shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress, and health clubs.
PET STORE. A retail sales establishment primarily involved in the sale of pet supplies or the sale or adoption of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.
PETROLEUM AND GAS STORAGE AND COLLECTION FACILITIES. An outdoor area where storage of petroleum and natural gas is allowed (tank farm).
PHARMACY. A shop or a store wherein prescription medicines are processed and compounded before retail sale to patients and where secondary medical supplies or sundries may be offered for sale.
PHOTOGRAPHER'S OR ARTIST'S STUDIO/FILM PROCESSING. Workspace for one or more photographers, artists, or artisans, including the accessory sale of art produced on the premises.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the city.
PLANNING DIRECTOR. See Development Director and Zoning Administrator.
PLASTIC PRODUCTS MANUFACTURING. The making of goods by processing plastics materials or raw rubber, with dust and fume control.
PLAT. A map or chart of the subdivision, lot or tract of land that is filed in the county plat records.
PLAY FIELD or STADIUM (NO NIGHTTIME ILLUMINATION). An athletic field or stadium including a baseball field, football field, soccer pitch, or stadium that does not include permanent nighttime illumination.
PLAY FIELD or STADIUM (WITH NIGHTTIME ILLUMINATION). An athletic field or stadium including a baseball field, football field, soccer pitch, or stadium that does include permanent nighttime illumination.
PLUMBING/ELECTRICAL/AIR CONDITIONING STORE (RETAIL SALES ONLY). Establishments primarily engaged in retail sales of plumbing, heating, and air-conditioning equipment, without warehouse facilities, includes storage for ordinary repair but no materials for contracting work.
POLICE OR FIRE STATION. Protection centers operated by a governmental agency, including administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of safety vehicles; excluding, however, correctional institutions.
PRINCIPAL BUILDING. The building that contains the primary function or activity on a lot.
PRINCIPAL USE. The primary or predominant use of any lot or building.
PRINTING/DUPLICATION SHOP or MAILING CENTER.
a. An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving; or
b. A commercial business that conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.
PRIVATE CLUB. Establishments that hold and have been issued a private club registration permit or other private club permits under the Tex. Alcoholic Beverage Code Chapters 32 and 33, as amended.
PROFESSIONAL SERVICES. Services such as support services, production of goods, or repair of items not otherwise listed or defined that are performed by a business or individual in exchange for money or other consideration and that are entirely conducted within an enclosed building and where no sound, dust, odor, or glare is emitted from the building during the operation of the use.
PUBLIC IMPROVEMENT. Any facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the city or other government authority ultimately assumes the responsibility for maintenance, operation or ownership.
PUBLIC USE OR BUILDING - MUNICIPAL. Any use or building held, used, or controlled exclusively for public purposes by the city, without reference to the ownership of the building or of the realty upon which it is situated.
RADIO OR TV STATION (NO TOWER). Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Facilities classified as major utility services or broadcasting or communication towers are excluded from this definition and must be approved by special exception consistent with subsection 3.04.B.27.
RAIL STATION OR BUS STATION, PASSENGER. A building, structure, or property used for the boarding of passengers on a train or bus and related ticketing sales and offices.
RAILROAD FACILITY. Facilities, buildings, equipment, and yards used in the operation of a railroad.
RAILWAY and RAILWAY RIGHT-OF-WAY. A public or private right-of-way on which tracks for trains are constructed for use by light or heavy rail trains, including passenger and freight trains.
REAR YARD. See YARD, REAR.
RECYCLING CENTER. A facility in which recoverable resources, including but not limited to, paper, glassware, and metals, are collected, stored, flattened, crushed, or bundled for shipping to a recycling facility.
RECYCLING FACILITY. A facility where damaged, inoperable, obsolete, or used, secondhand materials are bought, sold, exchanged, temporarily stored, processed, or broken down into raw materials. Recycled materials include, but are not limited to, scrap iron and other metals, glass, demolished building materials, automobiles, and machinery.
RELIGIOUS USE. A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, imams, and similar staff personnel.
RENEWABLE ENERGY SYSTEM. See SOLAR PANEL, ARRAY or WIND TURBINE.
RESEARCH OR SCIENTIFIC LABORATORY. An establishment that engages in research, testing or evaluation of materials or products, but not necessarily medical related.
RESIDENCE HOTEL (EXTENDED STAY HOTEL). See HOTEL, EXTENDED STAY.
RESIDENTIAL USE. Residential use means use of a structure as a dwelling unit designed to be occupied by at least one family but not including boarding house, hotel, hotel, extended stay, or motel.
RESIDENTIAL ZONING DISTRICTS. See Table 2: Zoning Districts for a list of districts.
RESOURCE EXTRACTION (OIL AND GAS). Drilling, production, or distribution activity related to oil and gas extraction as regulated under the Tex. Natural Resources Code.
RESTAURANT OR CAFETERIA, WITH DRIVE-THRU. An establishment, with drive-up window where food and drink are prepared and consumed primarily off-premises.
RESTAURANT OR CAFETERIA, WITHOUT DRIVE-THRU. An establishment where food and drink are prepared and consumed primarily on the premises, but which may include takeout or curbside service for consumption off-premises.
RETAIL STORES AND SHOPS. An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETIREMENT HOUSING. Any age restricted housing development that may be in any housing form, including detached and attached dwelling units and apartments, offering private and semiprivate rooms and designed to provide meals and nursing care to persons aged 55 or over.
RIGHT-OF-WAY.
a. A parcel of land occupied or intended to be occupied by a street or alley or other transportation infrastructure.
b. A RIGHT-OF-WAY may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.
c. The use of RIGHT-OF-WAY shall also include parkways and medians outside of pavement.
RV PARK. A designated and defined parcel of land within a recreational vehicle park intended for occupation by a recreational vehicle for no longer than 30 consecutive days.
SCHOOL, CAREER. An organization offering a curriculum or course of study leading to credentialing in a recognized profession such as trade school, information technology, dental assistant, pharmacy technician, nurse aide, veterinary assistant, etc.
SCHOOL, COLLEGE OR UNIVERSITY. Includes colleges or universities providing a post-secondary education and issuing a degree for a course of study in the arts, humanities, sciences, or other advanced field of study other than school, career.
SCHOOL, K-12. Includes school facilities providing primary and post-secondary education to students in kindergarten to 12th grade.
SEAMSTRESS OR TAILOR SHOP. Establishments primarily engaged in manufacturing or modifying clothing.
SECONDHAND STORE. The sale of used items or goods not principally donated to the seller by the previous owner (see THRIFT STORE).
SELF-STORAGE (MINI WAREHOUSE FACILITIES). A building(s) containing separate, individual self-storage units for rent or lease and generally used for storing household or personal items or vehicles, including boats and recreational vehicles (RVs) but not for bulk storage, storage of hazardous materials, or occupation by humans or animals.
SETBACK LINE. A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot.
SEXUALLY ORIENTED BUSINESS. A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
SHOE REPAIR SHOP. An establishment with the principal business of repairing shoes.
SIDE YARD. See YARD, SIDE.
SIGHT VISIBILITY TRIANGLE. A space left open and unobstructed by fences, structures, shrubs, trees, or other plant life along streets at the corner in front of the building line of lots contiguous to intersecting streets. Also called "intersection sight triangle."
SINGLE-FAMILY DETACHED RESIDENTIAL. See DWELLING, SINGLE-FAMILY (DETACHED).
SITE PLAN. A site plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is associated with the zoning ordinance.
SKETCH PLAN. An informal plan drawn to approximate scale by hand or using basic non-technical software that depicts the general layout of a development site. SKETCH PLANS are generally for the purpose of discussion only, such as a pre-application conference, and are not suitable for detailed technical review.
SLAUGHTERHOUSE. A commercial facility used for the slaughtering and processing of animals and the refining and distribution of byproducts from slaughtering.
SMALL ENGINE REPAIR SHOP. A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery than can be conveyed by hand by a single person of average strength.
SMELTER, REFINERY, or CHEMICAL PLANT. A building or facility for refining or processing oil or a chemical plant for producing chemical products or processing of those products.
SOLAR PANEL OR ARRAY (MOUNTED ON BUILDING OR STRUCTURE). A solar collector or other device not exceeding the maximum height of a building or structure (if mounted on a building or structure) that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing the sun's radiant energy for a beneficial use such as electrical power.
SOLAR PANEL OR ARRAY (GROUND INSTALLATION). A solar collector or other device not exceeding the maximum height, setback, or lot coverage for an accessory structure (if installed on the ground) that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing the sun's radiant energy for a beneficial use such as electrical power.
SPECIAL ZONING DISTRICTS. A zoning district as listed a special zoning district within Table 2: Zoning Districts.
SPECIFIC USE PERMIT (SUP).
a. A zoning procedure to allow a specific use on a property.
b. See subsection 5.09 for procedures.
c. See Use Chart for which zoning districts allow a SPECIFIC USE PERMIT (SUP).
STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. Also the vertical distance between two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
STABLE.
a. COMMERCIAL OR BOARDING STABLE. A building or shelter where animals or livestock such as horses, sheep, goats, and pigs are kept either for compensation by a person other than the owner of the animals or for the purpose of making the animals available to the general public for a commercial purpose such as riding.
b. PRIVATE STABLE. A building or shelter where animals or livestock such as horses, sheep, goats, and pigs are kept by the owner of the animals.
STREET. A public right-of-way that provides vehicular traffic access to adjacent lands or for the movement of through traffic.
STRUCTURE. Anything constructed or erected that requires location on the ground or attached to something having a location on the ground, including, but not limited to freestanding canopies, pergolas, gazebos, carports, advertising signs, billboards, and poster panels, but not including fences, retaining walls, sidewalks, or curbs. For STRUCTURES designed for habitation, see BUILDING.
SUBDIVIDER.
a. Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision.
b. In any event, the term SUBDIVIDER shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land to be subdivided.
SUBDIVISION.
a. The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include re-subdivision.
b. Any other subdivision or re-subdivision of land contemplated by the provisions of Tex. Local Gov’t Code Chapter 212.
SUBDIVISION REGULATIONS. The adopted subdivision regulations of the city.
SUNDRY STORE. A retail store, also commonly referred to and promoted and advertised as a dime or dollar store, selling various small items such as dry goods, toiletries, household supplies, frozen food, and other perishable and nonperishable food.
SUP. See SPECIFIC USE PERMIT (SUP).
SURVEYOR. A licensed state land surveyor or a registered public surveyor, as authorized by the state to practice the profession of surveying.
SWIMMING POOL. An outdoor pool designed for one or more persons to immerse themselves for recreational or exercise use. A SWIMMING POOL contains at least 24 inches of average depth and 150 square feet of surface area constructed either in-ground, above ground, or a combination and includes a system of pumps and filters to recirculate and chemically sanitize the pool water for human occupation.
TATTOO OR PIERCING STUDIO.
a. TATTOO OR TATTOOING. The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or related equipment. The term includes the application of permanent cosmetics.
b. PIERCING. The creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration.
TAXI GARAGE or DISPATCHER. A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or vans.
TAXIDERMIST. An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.
TEMPORARY BUILDING FOR NEW CONSTRUCTION.
a. A structure or shelter used in connection with the construction of a development or building project for housing on the site of temporary administration and supervisory functions and for sheltering employees and equipment.
b. Buildings are permitted for a specific period of time in accordance with a permit issued by the city.
TEMPORARY ON-SITE STORAGE UNIT OR CONTAINER. A transportable structure or container no more than 20 feet in length used primarily for temporary storage of building materials, household goods, personal items, or other materials (see subsection 3.04.B.25 Temporary On-Site Storage Unit or Container Standards).
TEXTILE MANUFACTURING. Establishments primarily engaged in finishing of textiles, fabrics, and apparel, with dust and odor controls.
THEATER, DRIVE-IN. See MOVIE THEATRE, DRIVE IN.
THEATER, LIVE PERFORMANCE (INDOOR). An indoor facility or establishment where theater, recitals, orchestra, or similar productions are performed live for patrons or attendees.
THEATER, LIVE PERFORMANCE (OUTDOOR). An outdoor or open-air facility or establishment where theater, recitals, orchestra, or similar productions are performed live for patrons or attendees.
THRIFT STORE. A business or organization that engages in or specializes in the sale or resale of previously owned or used goods that are primarily donated to the seller. A specialty retail store that sells used merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a THRIFT STORE for the purpose of this ordinance.
TOBACCO, VAPOR, E-CIGARETTE STORE. An establishment principally for the retail sale of sealed containers of tobacco or nicotine products or similar devices, including e-cigarettes. Tobacco product means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption.
TOWNHOME. See DWELLING, SINGLE-FAMILY (ATTACHED - TOWNHOUSE).
TRAILER. A portable unit designed to move on wheels from location to location by automobile or truck (for dwelling units commonly moved as a trailer or moved using a trailer, see MANUFACTURED HOUSING and MOBILE HOME PARKS, TRAILER PARKS, TRAILER COURTS, or TRAILER SUBDIVISIONS).
TRANSITIONAL HOME FACILITY. See HALFWAY HOUSE.
TRUCK. See HEAVY LOAD VEHICLE.
TRUCK TERMINAL. An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.
UTILITY DISTRIBUTION/TRANSMISSION LINE. Facilities, including subsidiary stations that serve to distribute, transmit, transform, or reduce the pressure of gas, water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and metering stations.
UTILITY EASEMENT. See EASEMENT.
VETERINARIAN CLINIC (NO OUTDOOR KENNELS). An establishment where animals and pets are admitted for examination and medical treatment that contains outdoor kennels on site.
VETERINARIAN CLINIC (WITH OUTDOOR KENNELS). An establishment where animals and pets are admitted for examination and medical treatment that does not contain outdoor kennels on site.
WAREHOUSE/DISTRIBUTION. Facilities characterized by enclosed storage areas accessed by loading bays designed to accommodate large trucks or semi-trucks, using ceilings with sufficient clear height according to applicable standards within the building code and fire code for the stacking of goods and commodities that are loaded or unloaded using trucks or forklifts.
WATER STORAGE. Facility for the storage of water, either elevated or ground level.
WATER OR WASTEWATER TREATMENT FACILITY. The facility or facilities within the water supply system that can alter the physical, chemical, or bacteriological quality of the water, including associated facilities such as pumping stations and lift stations.
WEDDING CHAPEL, RECEPTION FACILITY, or SPECIAL EVENTS CENTER. See BANQUET HALL.
WHOLESALE CENTER (NO OUTSIDE SALES OR STORAGE). An establishment or place of business primarily engaged in selling or distributing merchandise to the general public, to retailers, to industrial, commercial, institutional, or professional business users, and to other wholesalers.
WIND TURBINE. A wind energy conversion device that produces electricity and does not exceed the maximum allowed height of a building in the zoning district; typically three blades rotating about a horizontal axis and positioned up-wind of the supporting tower.
WIRELESS COMMUNICATION SYSTEM.
a. A system of equipment for communication purpose by cable, telegraph, telephone, or wireless broadcast and includes antenna support structures for mobile and land based telecommunications.
b. Systems include whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell enhancers and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile or cellular telephones, mobile radio systems facilities, commercial mobile radio service and radio or television (commercial only) broadcasting towers and transmitting stations.
c. This definition is inclusive of the placement of the above-referenced equipment on a monopole tower, a steel lattice tower, guyed steel lattice tower and any communication tower which does or does not utilize guy wire support in addition to existing buildings or other independent support structures. This system shall also allow as one of its components an unmanned equipment shelter.
WOODWORKING AND PLANING MILL. Establishments with dust and noise control and primarily engaged in one or more of the following:
a. Manufacturing dimension lumber from purchased lumber;
b. Manufacturing dimension stock (i.e., shapes) or cut stock;
c. Re-sawing the output of sawmills; and
d. Planing or levelling the face of purchased lumber.
These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.
YARD. An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.
YARD, FRONT. A yard across the full width of a lot extending from the front line of the main building to the front property line of the lot.
YARD, REAR. A yard extending across the full width of the lot and measured between the rear property line of the lot and rear line of the main building, except that area included in the side yard as defined below.
YARD, SIDE. A yard between the building and the side property line of the lot and extending from the front yard to the required minimum rear yard.
ZONING ADMINISTRATOR. The city official designated by the City Manager or Development Director to administer the Zoning Ordinance.
ZONING DISTRICT MAP. The official map upon which the boundaries of the various zoning districts are drawn and that is an integral part of the Zoning Ordinance.
ZONING ORDINANCE. The adopted Zoning Ordinance of the city, as may be amended in the future, and may be referred as "the Zoning Ordinance."
(Ord. 04-2022-34, passed 4-12-22; Am. Ord. 02-2023-09, passed 2-28-23)