(A) Permitted uses.
(1) Any use permitted in the B -2 District that is permitted by right.
(2) Bakery or confectionery: Engages in preparation, baking, cooking, and selling of products at retail on the premises, with six or less employees.
(3) Bank, savings and loan or other financial institutions.
(4) Cleaning, pressing and drying plants not employing more than six persons.
(5) Florist, garden shop, greenhouse or nursery office (retail): No growing of plants, shrubs or trees out of doors on premises; no outside display or storage unless behind the required front yard fine or the actual setback of the principal building, whichever is greater.
(6) General food products, retail sales, such as supermarkets, butcher shops, dairy stores, sea food sales, or health food sales.
(7) Cafeteria or catering service.
(8) Hospital, home o r center for the acute or chronically ill.
(9) Mortuary or funeral chapel.
(10) Job printing, provided total mechanical power used in operation of such printing plant shall not exceed five horsepower.
(11) Lodge halls and private clubs.
(12) Hotels.
(13) Restaurants or cafes with drive-in or pick-up service.
(14) Restaurants serving alcoholic beverages (in wet areas only) subject to TABC regulations and the following:
(a) A restaurant which desires to sell alcohol for on premises consumption, under the Texas Alcoholic Beverage Code, and the rules and regulations promulgated by the Texas Alcoholic Beverage Commission, all of which are adopted hereby and made apart hereof as if fully set out herein.
(b) During any consecutive four-month period, a restaurant serving alcoholic beverages must produce at least 51% of its total revenues, exclusive of tips and gratuities, from the provision of food service. Documentation of this requirement may be by affidavit of a certified public accountant or by examination of the books by the city at the city's option. No more than two requests for such documentation shall be made of any restaurant serving alcohol during any calendar year by the city, unless good cause is shown as determined by the City Council in a hearing before the Council requested by the City Manager asking that a restaurant provide the city with the documentation request on more than two occasions during one calendar year. The restaurant must be given 14 days notice of such hearing.
(c) The failure of any such restaurant to allow its books to be inspected by the city or provide an affidavit of compliance from a certified public accountant within 14 days of a request being made by the city to verify that the provisions of this section are being complied with, as well as the failure to obey any other provision of the Code of the city or the laws of the state concerning the sale of beer, wine and/or alcoholic beverages, or the operation of a private club, shall result in the following:
1. Notification in writing mailed to the owner/operator that a violation exists, and what such violation is.
2. The notification shall give the owner/operator 15 days in which to correct the violation.
3. If the violation is not corrected within 15 days, a fine of up to $250 shall be assessed for each violation. Each day the violation shall exist shall be considered as a separate violation.
(15) Moving picture house or theater.
(16) Tennis or swim club.
(17) Auto laundry or car wash.
(18) Auto parts sales, new, at retail.
(19) Any retail business and typical accessory uses not included in the neighborhood retail district, provided that such use is not noxious or offensive by reason of vibration, smoke, odor, dust, gas, light or noise.
(20) Radio studios, repair and sales shops (only).
(21) Low impact telecommunication tower (as defined in Chapter 157).
(22) Filling station, service station, convenience store, subject to the following requirements:
(a) All service must take place in the interior (service bays) of the building. No tents may be used for repair or service, except during times of urgent public necessity as declared by the Mayor or the Planning and Development Director and posted as such at the main entrance to the City Hall.
(b) Oil storage facilities and refuse containers shall be screened from the view of travelers along public streets.
(c) There shall be no vehicle storage longer than 30 days, or auto sales including vehicles belonging to the owner.
(d) There shall be no dismantling or wrecking on premises.
(e) The use shall be operated in accordance with all applicable regulations including licensing from all government agencies that have jurisdiction.
(f) Gasoline storage tanks must be underground.
(23) Beer and wine sales for off premises consumption (in wet areas only) subject to TABC and city regulations.
(B) Conditional uses. Any use permitted in a more restricted district that is permitted by a conditional use permit.
(C) Height regulations. No building shall exceed three and one-half stories or 45 feet in height.
(D) Area regulations. The same as prescribed for B-2 District.
(E) Intensity of use. There are no minimum lot area or lot width requirements.
(G) Signage. As per Chapter 151.
(H) Screening requirements. As per § 155.050.
(I) Building facade. As per § 155.040.
(J) Landscaping requirements. As per § 155.051.
(Ord. 2001-36, passed 11-13-01; Am. Ord. 2006-40, passed 10-24-06)