(A) General definitions. The following definitions do not include the definition of uses. Uses are defined in division (B) of this section. For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING PROPERTY. Property abutting upon a street shall also be understood as not abutting property on the other side of the street.
ACCESSORY BUILDING. A subordinate building located on the same lot as the main building, or a portion of the main building, the use is clearly incidental to and customarily found in connection with the main building or principal use of the land.
ACCESSORY USE. A use subordinate to and incidental to the primary use of the main building or the primary use of the premises.
ADJACENT. Shall mean “next to” or “closest to” but shall not necessarily mean “touching.”
ADMINISTRATIVE OFFICIAL. The individual charged with the administration and enforcement of this chapter, or his or her duly authorized representative.
ALLEY. A public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
AMENDMENTS. Changes made in text or map of the zoning ordinance.
AWNING. An awning is a roof-like cover that projects from the wall of a building.
BACKGROUND NOISE. Noise from sources other than that under specific consideration including traffic operating on public thoroughfares.
BASEMENT. A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
BASEMENT, CELLAR. A cellar is a story wholly or partly (at least 50% measured from ceiling) below the average level of the ground surrounding the building. A cellar is not counted when measuring height of a building.
BLOCK. An area enclosed by streets and occupied by or intended for buildings; or if used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side.
BOARD. The Zoning Board of Adjustment.
BREEZEWAY. A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.
BUILD. To erect, convert, enlarge, reconstruct, or alter a building or structure.
BUILDABLE WIDTH. The buildable width of a building is the width of the building site left to be built upon after the required side yards are provided.
BUILDING. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building.
BUILDING, PRINCIPAL. A building in which the principal use of the lot on which it is located, is conducted. All residential uses, except bona fide servants quarters, are principal uses.
BUILDING LINE. A line parallel or approximately parallel to the street line at a specific distance there from marking the minimum distance from the street line that a building may be erected.
BUILDING OFFICIAL. The Building Inspector or administrative official charged with the responsibility for issuing permits and enforcing the Building Code.
CARPORT. A roofed structure open on up to three sides when attached to a dwelling and open on up to four sides when detached from a dwelling, covered with a roof supported by structural steel or wood columns or masonry piers of minimum size for structural safety.
CELLAR. A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
CERTIFICATE OF OCCUPANCY. An official certificate issued by the town through the administrative official which indicates conformance with or approved conditional waiver from the building or zoning regulations and authorizes legal use and occupancy of the premises for which it is issued.
COUNCIL. See TOWN COUNCIL.
COMMISSION. The Planning and Zoning Commission of the Town of Lakeside.
COMPREHENSIVE PLAN. Policies in graphic and textual form which guide the future development of the town.
COURT. An open, unoccupied space bounded on three or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.
DENSITY. The number of dwelling units permitted per net acre of land. A net acre of land does not include portions of streets or alleys.
DISTRICT. A section of the Town of Lakeside for which the regulations governing the area, height, or use of the land and buildings are uniform.
DWELLING UNIT. A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping.
EASEMENT. A grant of one or more property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.
FAMILY.
(a) Any number of persons living together as a single non-profit housekeeping unit in which not more than four individuals are unrelated by blood, marriage, or adoption.
(b) Notwithstanding the definition in the preceding division, a FAMILY shall be deemed to include five or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in the division (a) of this definition.
FENCE. An open or solid enclosure designed to contain or prevent intrusion. An open fence is one in which the vertical surface thereof is not less than 70% open. A solid fence is one in which the vertical surface thereof is not greater than 30% open, and may be considered as a screening element. See also SCREENING ELEMENT/DEVICE.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source, as defined by FEMA.
FLOODWAY. The channel, river, or other watercourse and the adjacent land area, as defined by FEMA, that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.
FLOOR AREA. The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, carports, or garages.
FLOOR AREA RATIO (FAR). An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.
GLARE. A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.
GRADE. The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
HEIGHT.
(a) The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:
1. The highest point of the roofs surface if a flat surface;
2. To the deck line of mansard roofs; or
3. To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height.
(b) If the street grade has not been officially established, the average front yard grade shall be used for a base level.
IMPERVIOUS COVERAGE. Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land.
INFRASTRUCTURE. The essential facilities such as water, sewers, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the protection of the health, safety, and general welfare.
LANDSCAPING. Live plant material including grass, shrubs, trees, and flowering planted for the aesthetic benefit of the site.
LIVING AREA. The portion of a building or structure devoted to the occupants use and benefit and shall not include garages, carports, or outside areas.
LIVING UNIT. A room or rooms occupied by a family and which must include cooking facilities.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LOT. A parcel of land which is shown on an approved plat recorded in the Tarrant County plat records.
LOT, CORNER. A lot abutting upon two more streets at their intersection.
LOT, FLAG. A lot with access provided to the bulk of the lot by means of a narrow corridor.
LOT, INTERIOR. A lot that is other than a corner lot.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lot(s) shall provide a front yard on each street.
LOT AREA. The area of the horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
LOT COVERAGE. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
LOT DEPTH. The horizontal mean distance between the midpoint of the front and the midpoint of the rear lot lines.
LOT LINES. The property lines bounding a lot as defined herein.
LOT LINES, FRONT. The boundary between a lot and the street on which it fronts.
LOT LINES, REAR. The boundary line not intersecting a front lot line which is most distant and most closely parallel to the front lot line.
LOT LINES, SIDE. Any lot boundary line not a front or rear line thereof.
LOT WIDTH. The width of a lot at the front building line.
MAIN (PRINCIPAL) BUILDING. The building or buildings on a lot which are occupied by the primary use.
MASONRY. That form of construction composed of brick, stone, concrete, hollow-clay tile, glass block, fiber cement board, stucco or similar building units or materials or combination of these materials laid up unit by unit and set in mortar. Cementous fiber material (such as Hardi-board/Hardi-plank) shall qualify as masonry material. (MASONRY does not include exterior insulated finish systems [EIFS]).
NON-CONFORMING BUILDING. A building which legally existed prior to the adoption, revision, or amendment of this chapter but that does not meet the limitations on building size or location on a lot for the district in which the building is located, or for the use being made of the building.
NON-CONFORMING LOT. A lot which was in compliance with applicable regulations prior to the adoption, revision, or amendment of this chapter, but which fails by reason of adoption, revision, or amendment to conform to the lot requirements for the district in which it is located.
NON-CONFORMING USE. A use of land which legally existed at the time of the effective date of this chapter, or subsequent amendments thereto, which does not conform to the use regulations of the district in which it is situated.
OCCUPANCY. The use or intended use of the land or buildings by proprietors or tenants.
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 projections of cornices, eaves or porches.
PARKING SPACE, OFF-STREET. For the purposes of this chapter, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be within any public street, or alley, right-of-way, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room shall be estimated at 300 square feet for residential uses and 400 square
feet for nonresidential uses, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements in this chapter are provided, maintained and improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the town. All required off-street parking spaces shall be provided and maintained wholly within private property lines and not within any public highway, street or alley right-of-way.
PLAT. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the town and subject to approval by the Town Council. Reference to a final plat in this chapter means an official plat of record which has been approved by the Town Council and filed in the plat records of Tarrant County.
PREMISES. Land together with any buildings or structures occupying all or any portion of the land.
PRIVATE DRIVE, STREET, OR PLACE. An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.
PROPERTY LINE. See LOT LINE.
RESIDENCE. Same as a dwelling; also when used with the word district, an area of residential regulations.
ROOM. A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.
SCREENING ELEMENT/DEVICE. Screening element (device) or suitably screened as herein referred, shall mean any of the following:
(a) Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent type material, the vertical surface of which is not more than 30% open; or
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition;
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge or other dense planting material.
SEMITRAILER. A vehicle designee or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.
SETBACK, BUILDING. The minimum horizontal distance between the front wall of any projection of the building (excluding steps) and the street line. (Same as BUILDING LINE.)
SMOKE/TOBACCO SHOP. An establishment which sells tobacco products such as cigarettes, cigars, chewing tobacco, snuff, pipe tobacco, and tobacco paraphernalia and which prohibits minors to enter or remain upon the premises, unless the minor is accompanied by the minor’s parent.
SPECIAL EXCEPTION. A use that would not be generally appropriate without restriction throughout the zoning district but which, if controlled as to number, area, location, intensity or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted as special exceptions by the Zoning Board of Adjustment, after public hearing thereon. See § 151.035 for provisions on the Zoning Board of Adjustment.
SPECIFIC USE. The use of any building, structure, or land not specifically allowed by district regulations, but permitted as a specific use in accordance with § 151.022.
STORY. That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level.
STREET. A public way between two right-of-way lines (other than an alley or private drive) which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.
STREET LINE. The right-of-way line of a street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the town Building Code.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings and mobile homes.
THOROUGHFARE. Those public streets designated on the Town of Lakeside Thoroughfare Plan as thoroughfares.
TOWN COUNCIL (COUNCIL). The governing body of the Town of Lakeside, Texas.
TRAILER. A vehicle that is designed or used to carry a load wholly on its own structure; and is drawn or designed to be drawn by a motor vehicle.
VARIANCE. A variance is a relaxation by the Board of Adjustment of the dimensional regulations of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship. See § 151.035(D)(3).
VEHICLE. As used herein shall include motor vehicle, motorcycle, trailer and semitrailer.
YARD, FRONT. A yard across the full width of the lot extending from the building line to the front line of the lot abutting a street. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.
YARD, REAR. A yard between the rear lot line and the rear line of the main building and the side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.
YARD, SIDE. A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.
ZONING DISTRICT MAP. The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.
(B) Land use definitions and explanations. The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the uses listed in § 151.012.
ACCESSORY BUILDING SALES WITH DISPLAY. An area devoted to the display and outdoor sales to the public of accessory buildings such as storage sheds with no onsite construction.
ACCESSORY USE. A use customarily incidental to the main use of the property.
AGRICULTURAL USE. The use of a parcel of land for farming or ranching and shall include the structures that are normally associated with agricultural uses. However, this use shall not include commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, rat, or other fur bearing animal farms, or the farming of swine or exotic animals.
AMBULANCE SERVICE. An establishment which provides ambulatory transport of persons, to or from a medical facility, for a fee.
AMUSEMENT CENTER, INDOOR. A facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffle board, darts, and batting cages. Any combination of these games may be used in the facility. Games of wagering and chance, including 8-liners, categorized as gambling are prohibited and not included in this use.
AMUSEMENT CENTER, OUTDOOR. 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 golf driving ranges, archery range, and miniature golf courses.
ANIMAL GROOMING. An establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.
ANIMAL POUND, SHELTER. A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
ANTIQUE SHOP. An establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations which have value and significance as a result of age, design, or sentiment.
APARTMENT. One or more rooms with private bath and kitchen facilities, comprising an independent, self-contained dwelling unit dedicated to single-family use in a building containing three or more such dwelling units.
APPAREL ALTERATION AND REPAIR or TAILOR SHOP. An establishment offering individual alteration, repair, or creation of clothing apparel to the public.
APPLIANCE REPAIR, HOUSEHOLD. A shop specializing in repair of household appliances.
ART GALLERY. An establishment offering works of art for viewing and sale to the general public.
ARTS, CRAFTS, AND HOBBY SHOP. An establishment offering for sale those items commonly associated with hobbies, including display areas for hobbies.
ASSEMBLY HALL. A building and associated facilities dedicated to social or recreational activities serving the town or a neighborhood.
ASSEMBLY PLANT. A facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.
ATHLETIC FIELD AND PLAY FIELD, COMMERCIAL. An athletic field or stadium owned and operated privately, including a baseball field, golf course, football field, or stadium which may be lighted for nighttime play.
ATHLETIC FIELD AND PLAY FIELD, 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 night-time play.
AUCTION HOUSE. A place where objects of art, furniture, or other goods are offered for sale to persons who bid on the object in competition with each other, where all objects are stored and/or displayed indoors.
AUDITORIUM. A large building and associated facilities for gathering an audience for speeches and performances.
AUTO AUCTION. An enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.
AUTO CAR WASH. An area and/or structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.
AUTO IMPOUND LOT/WRECKER BUSINESS. An establishment offering the service of towing, impounding, and temporary storage of vehicles either which have been in an accident or are illegally parked.
AUTO PAINT AND BODY SHOP. An automotive shop with a primary purpose of repairing and painting the outside surfaces of automobiles, trucks, and vans, and repairing and replacing the upholstery of such vehicles.
AUTO PARTS AND ACCESSORY SALES. An automotive shop with a primary purpose of selling new parts and accessories for automobiles, trucks, and vans.
AUTO RENTAL (CAR AND TRUCK). An establishment primarily engaged in the short-term rental or extended term leasing of automobiles and trucks, not including truck tractors or semi-trailers.
AUTO REPAIR GARAGE. An enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage allowed but no outside repair or maintenance conducted.
AUTO SALES, NEW AND USED. An open area or lot used for the display or sale of automobiles, trucks, and vans, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises.
AUTO SERVICE STATION. An establishment for the retail sales of petroleum products, automobile accessories, auto tune-up, muffler installation incidental to the primary use, tire installation or repair, oil change or other lubricate services in which all services provided and all storage, supplies, parts, equipment, and accessories are indoors, with the exception of fuel-dispensing operations.
AUTO SERVICE STATION, LIGHT MAINTENANCE. A premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall include automobile inspection services, but shall not include areas where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.
AUTOMOTIVE OIL CHANGE AND LUBRICATION SHOPS. An establishment primarily engaged in changing motor oil and lubricating the chassis of automotive vehicles and performance of automotive maintenance and minor repairs of automotive vehicles such as passenger cars, trucks and vans.
BAKERY, RETAIL CONFECTIONERY. A shop offering for sale on premises those baked goods or candies made on premises or off premises. No production for off premise sale is allowed.
BAKERY, WHOLESALE CANDY. A manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.
BANK, SAVINGS AND LOAN ASSOCIATION, FINANCIAL INSTITUTION. A building or premise offering banking, savings and loan, and other financial services, not including pawn shops as herein defined.
BARBER SHOP, BEAUTY SALON, OTHER PERSONAL SHOP. An establishment which provides personal services including hair cuts, perms, color treatments, manicures, pedicures, and other personal beauty services.
BED AND BREAKFAST FACILITY. A dwelling unit located in a nonresidential zoning district which is used for transient lodging with no more than seven bedrooms, located in the principal building and rented for compensation. The length of stay is limited to not more than 30 consecutive days. Meal service may be offered on or off site and is for overnight paying guests only at no additional compensation. Cooking and cooking facilities are prohibited in guestrooms, but are permitted in an area dedicated to kitchen uses.
BICYCLE SALES AND REPAIRS. A retail establishment offering for sale to the public bicycles and associated products and also performing maintenance and repairs.
BOARDING HOUSE. A building other than a hotel, where lodging and meals for five or more persons, not members of the principal family therein, are served for compensation.
BOAT AND MARINE SALES AND SERVICE. An establishment offering for sale to the public boats and other marine equipment and also providing repair and maintenance service.
BOTTLING WORKS. A facility for the bottling of products for off-site retail sales.
BUILDING MATERIALS, MANUFACTURING. A facility for the production of building materials which include fiberglass, wallboard, shingles, etc.
BUILDING MATERIALS, SALES. A distribution and sales center for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.
BUS, TRAIN, AND TAXI STATION OR TERMINAL. A facility that provides for regularly scheduled transit services, passenger lounges, ticketing, and customer parking.
CABINET AND UPHOLSTERY SHOP. A shop for the assembly of cabinetry for domestic use and furniture repairing, refinishing, and upholstery.
CAMP GROUND AND RELATED FACILITIES. An area that is occupied or intended or designed for occupancy by transients using recreational vehicles, tents, or other temporary dwellings for dwelling, lodging, or sleeping purposes. The use may also include cooking facilities, bath houses, and recreation areas. This does not include a manufactured housing community.
CARETAKER’S RESIDENCE, GUARD’S RESIDENCE, SERVANT’S QUARTERS, AND GARAGE APARTMENT. A residence located on a premises with a main non-residential or residential use occupied only by an employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is accessory, and not receiving rent or payment for use as a resident. Manufactured homes are not permitted for this use.
CARPORT. A structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on three sides from roof to adjacent ground level.
CATERING SERVICE. A facility where food is prepared in large quantities to be transported to, served, and consumed at an off-site location.
CEMETERY, MAUSOLEUM, CREMATORIUM. An area or structure designed to contain the remains of humans or animals for permanent interment.
CLINIC. A public or private, profit or non-profit 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.
COIN AND STAMP SHOP. A retail establishment offering coins and stamps for sale and trade and associated products for sale.
COLLECTIBLES SHOP. A retail establishment offering such collectible items as sports trading cards, comic books, and stuffed animals for sale to the general public.
COMMERCIAL ASSEMBLY FACILITY. An assembly or community facility utilized for gathering and/meeting purposes which may be ancillary to a principle commercial use or serve as a principal commercial use. Does not include meeting or community spaces utilized by hotels, motels, convention centers, churches, or other public or quasi-public uses.
COMMUNITY CENTER. A building dedicated to social or recreational activities, serving the town or a neighborhood and owned and operated by the town, or by a non-profit organization dedicated to promoting the health, safety, morals, or general welfare of the town.
CONTRACTOR, NO OUTSIDE STORAGE PERMITTED. A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems, which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage permitted.
CONTRACTOR, OUTSIDE STORAGE PERMITTED. A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems, which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. Outside storage permitted.
CONTRACTORS STORAGE OR EQUIPMENT YARD. An area located on the same lot or separate lot as a principal use, used for outside storage of construction equipment, including vehicles and construction material.
CONVENIENCE STORE, WITH OR WITHOUT FUEL SALES. A premise where gasoline and/or other petroleum products are sold as a principal use, and in connection with the principal use, a convenience store offering for sale prepackaged food products, household items, and other goods commonly associated with the same.
CONVENT, RECTORY, MONASTERY. The building, buildings, or premises occupied by a religious community or association as a residence and a place of work and worship.
COPY SHOP. A small commercial printing shop which sells on-site most of the items printed along with associated items.
COSMETIC TATTOO ESTABLISHMENT. An establishment where trained personnel apply microinjections of pigment to the dermal layer of skin such that facial cosmetics are applies on a permanent basis. This does not include a tattoo parlor.
COUNTRY CLUB. An area containing a clubhouse and available only to private specific membership. Such a club may contain adjunct facilities such as a private club (only in conformance with these regulations and applicable state statutes), dining room, swimming pool, tennis courts, and similar recreational or service activities.
DAIRY PROCESSING. A commercial plant for the storage and processing of milk and milk products.
DAY CARE CENTER, ADULT. An agency at which six or more disabled or elderly adults not related to the proprietor, are left for care for a part of the 24 hours of the day.
DAY CARE CENTER, CHILD. An agency at which six or more children, under the age of 16 and not related to the proprietor, are left for care for a part of the 24 hours of the day.
DAY CARE, IN THE HOME. A private residence where care, protection, and supervision are provided on a regular schedule, at least twice a week to no more than six children, including children of the adult provider.
DEPARTMENT STORE. A store offering a variety of comparison and consumptive goods at retail price to the general public.
DWELLING, ASSISTED LIVING FACILITY. A facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the State of Texas as “supervised living”.
DWELLING, GUESTHOUSE. A residential dwelling, which may include living, sleeping, bathing, and kitchen facilities but is secondary to the main dwelling structure and is used solely for habitation of guests on a temporary basis and at no compensation to the owner. May be utilized by a relative of the owner on a permanent basis.
DWELLING, INDUSTRIALIZED HOUSING. A detached residential building that is designed for the use and occupancy of one family, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to:
(a) Housing constructed of sectional or panelized systems not utilizing modular components; or
(b) Any ready made home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
DWELLING, MANUFACTURED HOUSING or MOBILE HOME. Defined and differentiated by the following:
(a) MOBILE HOME. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
(b) HUD CODE MANUFACTURED HOME. A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
DWELLING, MULTIFAMILY. A residential building containing three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY ATTACHED. An attached residential building, not including a mobile home or HUD Code manufactured home, which contains not more than one dwelling unit per lot of record.
DWELLING, SINGLE-FAMILY DETACHED. A detached residential building, not including a mobile home or a HUD Code manufactured home, which contains not more than one dwelling unit per lot of record.
DWELLING, TWO-FAMILY. A residential building containing two dwelling units.
ELECTRICAL GENERATING STATION. A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.
ELECTRICAL SUB-STATION. A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.
ELECTRICAL TRANSMISSION LINE. A high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.
ELECTRONICS MANUFACTURING. A facility for the production of printed circuit boards, microchips, and other electronic parts which may be assembled on site into end products such as computers, televisions, radios, and communication equipment.
EXTERMINATING SERVICE. A business providing extermination services for household pests, including insects and rodents.
FACTORY OUTLET, RETAIL OR WHOLESALE STORE. An establishment that offers goods and products to the public that are obtained direct from the manufacturer at prices that reflect savings due to the reduced cost of said direct distribution.
FARM MACHINERY AND IMPLEMENT SALES AND SERVICE. An enclosed area designed for sales and repair of farm machinery.
FEED AND FARM SUPPLY STORE. A retail establishment offering for sale to the public feed and supplies for animals.
FLOOR COVERING STORE. A retail establishment for the storing and sale of floor coverings such as carpet and tile and associated products.
FLORIST SHOP. A retail establishment offering flowers, flower arrangement services and associated products for sale.
FUNERAL HOME, MORTUARY. A building or part thereof used for human funeral services. Such building may contain space and facilities for cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related supplies; and the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted.
FURNITURE, FIXTURE, AND APPLIANCE STORE. A retail establishment offering home furnishings, fixtures, and appliances to the general public.
GARAGE, PRIVATE. An enclosed two-car accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles and recreational vehicles, owned and used by the owners or tenants of the premises.
GARAGE, PUBLIC. A building or portion thereof, except as 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. Facilities for washing may be provided.
GARAGE, REPAIR. A building or space for the repair or maintenance of motor vehicles, not including factory assembly of vehicles, auto wrecking establishments, or junkyards.
GAS REGULATOR STATION. A station used to regulate the flow or pressure of gas in a pipeline.
GIFT SHOP. A shop offering gifts, souvenirs, and associated products for sale.
GO CART TRACK AND OTHER MOTOR VEHICLE TRACK OR FACILITY. A private, commercial enterprise offering outdoor go-cart tracks to the general public for a fee or charge. A go-cart is a non-licensed motorized low horse power vehicle powered by either a gas or electrical motor to be used for the purpose of entertainment, generally having the capacity of one driver/operator. Does not include remote control vehicles.
GOLF COURSE, DRIVING RANGE. An establishment offering areas for driving of golf balls including “pitch and putt” facilities.
GOLF COURSE, MINIATURE. An establishment offering facilities for miniature golf.
GOLF COURSE, PRIVATE. Grounds and facilities used in the playing of the game golf, for use by private membership.
GOLF COURSE, PUBLIC. Grounds and facilities used in the playing of the game golf, privately owned but open to the public for a fee and operated as a commercial venture.
GOVERNMENTAL ADMINISTRATION FACILITY. A building or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public.
GREENHOUSE or PLANT NURSERY. An establishment operated for commercial purposes, offering plants grown on premises and off premises and associated products for sale for use in connection with home gardening activities.
GROCERY STORE. A retail store primarily engaged in the retail sales of all sorts of canned goods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.
GROUP HOME FOR THE DISABLED OR DISADVANTAGED.
(a) A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
(b) 1. As used herein, the term DISABLED shall mean having:
a. A physical or mental impairment that substantially limits one or more of the person’s major life activities so that such person is incapable of living independently;
b. A record of having such an impairment; or
c. Being regarded as having such an impairment.
2. However, DISABLED shall not include current illegal use of or addiction to controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term GROUP HOME FOR THE DISABLED shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.
GUN SHOP SALES AND SERVICE. A business of any size occupied by a firearms dealer where a majority of the floor area or dollar volume is devoted to firearms and ammunition display and sales; or a business of any size where firearms and ammunition sales is a section or subpart of a larger store, such as sporting goods and hardware stores, where a portion of the sales area is devoted to firearms and ammunition. For this definition, FIREARM shall mean any weapon from which is propelled any missile, projectile, bullet or other mass through a barrel by means of explosives or gas or air, but excluding antique firearms, children’s toys, “BB” guns, stud guns, nail guns, or similar industrial tools or medical instruments.
GYMNASIUM. A building or room used for physical education and sports, which may be equipped with gymnastic or other sports related equipment and which may have seating in which spectators may view sports activities.
HARDWARE STORE. An establishment offering hand tools, small building materials, and associated convenience items for sale to the general public.
HEALTH CLUB, RECREATION FACILITY. An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.
HEARING AID SALES AND SERVICES. A retail establishment providing hearing exams and hearing aids and associated products for sale.
HELIPORT. A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.
HELISTOP. A landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.
HOBBY STUDIO, PRIVATE. An accessory activity area, used by the occupants of the premises purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.
HOME OCCUPATION. An occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof. See §§ 150.90 through 150.99 of the Town Code.
HOSPITAL. An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff, and visitors.
HOTEL; MOTEL. A building or portion thereof in which ten or more guest rooms are provided for occupancy for compensation by transient guests.
HOUSEHOLD FURNISHING AND FIXTURES STORE. A retail establishment offering home furnishings and appliances for sale to the public.
JUNK. Defined to mean, and shall include, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, subject to being dismantled for junk.
KENNEL. A lot or premises on which four or more dogs, cats or other domestic animals at least four months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.
LABORATORY, MEDICAL AND/OR DENTAL. A facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.
LANDSCAPE SERVICE. A business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements necessary to support or sustain the landscaped surface of the ground.
LAUNDRY, DRY CLEANING AND DYEING PLANT. A facility that provides laundry service on a bulk basis at the industrial level, which may also have facilities to alter the color of fabrics. Customers are generally large volume users such as the restaurant industry, facilities using uniforms, hotel/motel industry, etc.
LAUNDRY, DRY CLEANING FULL SERVICE. A retail establishment providing full service laundry and dry cleaning services to the general public.
LAUNDRY, DRY CLEANING PICKUP AND RECEIVING STATION. A retail establishment providing a dropoff and pick-up point for customers to leave wearing apparel or other material in need of laundry and dry cleaning and pick up of items when laundered and/or dry cleaned.
LAUNDRY, DRY CLEANING SELF SERVICE. A retail establishment providing facilities for customers to launder or dry clean wearing apparel or other materials.
LIBRARY. Buildings and structures open for the general public, for which a fee may or may not be charged for the use of book and other media collections.
LITHOGRAPHY OR PRINT SHOP. A large commercial printing shop with multiple presses and capabilities.
LOCKSMITH SHOP. A shop that specializes in making, selling, and repairing keys, locks, and associated material.
LODGE, FRATERNAL, SORORITY, AND CLUBS. An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.
MACHINE SHOP. A shop that manufactures metal products through the use of presses, stamps, and dyes.
MACHINERY SALES OR REPAIR. A facility for the storage, repair, outside sales, or rental of heavy machinery or equipment.
MANUFACTURED HOUSING PARK OR SUBDIVISION. A parcel of land not less than three acres in size developed for rental or sale of lots for the installation for residential uses of HUD Code manufactured housing.
MANUFACTURED OR INDUSTRIALIZED HOUSING SALES OR RENTAL. An area devoted to outside sales or rental of HUD-Code manufactured homes or industrialized housing. For off- premise residential use only.
MANUFACTURING FACILITY (LIGHT). A facility used for sub-assembly, or assembly of sub-assemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other hazards.
MEAT MARKET. A retail facility that offers meat, fish, and poultry products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises.
MEAT PRODUCT PROCESSING. A facility for processing cuts of meat from off-site into finished products.
MEDICAL, DENTAL, AND OPTICAL RETAIL SALES. An establishment offering prescription and over the counter products for sale.
MEDICAL, DENTAL OFFICE. Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.
MEDICAL EQUIPMENT SALES, RENTAL, AND LEASING SERVICE. An establishment including offices, stores, and display rooms for the display, sale, rental, and leasing of medical equipment.
MINI-WAREHOUSE. A building or group of buildings in a controlled access and fenced compound consisting of varying sized of individual, compartmentalized, and controlled access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.
MOTOR HOME, RECREATIONAL VEHICLE AND CAMPER SALES AND SERVICE. An establishment offering for sale to the public motor homes, recreational vehicles and campers and also providing repair and maintenance service.
MOTORCYCLE SALES AND SERVICE. An enclosed area designed for sales and repair of motorcycles, with outdoor storage allowed but no outside engine testing or riding, except in street legal equipment.
MOVING TRUCK AND TRAILER RENTAL SERVICE. An establishment that offers moving trucks and trailers for rental to the public.
MUSEUM. An institution for the collection, display, and distribution of objects of art or science which is sponsored by or owned and operated by the town, a public or quasi-public agency, and which facility is open to the general public.
MUSIC STORE. An establishment offering music, musical instruments, and other related items for sale to the general public. Such establishment may offer repair services of musical instruments.
NURSING HOME. A structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.
OFFICE, BUSINESS. An office in which chattels or goods, wares, or merchandise are not commercially displayed, created, sold, or exchanged.
OFFICE MACHINE SALES AND SERVICE. A shop specializing in the sale and repair of office machinery.
OFFICE, PROFESSIONAL. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. Including but not limited to insurance broker, public stenographers, real estate broker, stock broker, doctor, dentist, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.
OFFICE, REAL ESTATE DEVELOPMENT TRACT OR FIELD OFFICE. A temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.
OFFICE SUPPLY STORE. A store that specializes in office supplies.
OPTICAL SALES AND SERVICES. A retail establishment providing eye exams, eyewear and associated products for sale.
OPTICIAN SHOP. A shop that manufactures optical devices, especially eyeglasses.
PAINT SHOP. A retail establishment for the storage, mixing and sale of a full line of retail paint supplies that may include wall coverings.
PARK. Public or private land available for recreational, educational, cultural, or aesthetic use.
PARKING AREA. An area for the driving, parking, display, or storage of motor vehicles.
PARKING LOT, COMMERCIAL (AUTO). A structure or lot devoted to the temporary parking of automobiles for a fee.
PARKING LOT, COMMERCIAL (TRUCK). A facility for temporary parking of currently commercial licensed trucks in excess of one ton, for a fee.
PAWN SHOP. A shop specializing in making small loans against personal property or buying used personal goods from individuals.
PET SHOP. A shop offering small animals for sale, with associated goods and services.
PHARMACEUTICAL PLANT. A facility for the production of drugs for medicine.
PHARMACEUTICAL PRODUCTS MANUFACTURING. A facility for the production of drugs for medicine.
PHARMACY. An establishment offering prescription and over the counter pharmaceuticals and other associated products for sale to the public.
PHILANTHROPIC AND/OR CHARITABLE USE. A nonprofit organization supported mainly by charity and whose principal function is the performance of charitable work.
PHOTOGRAPHIC EQUIPMENT SALES AND SERVICE. A shop that specializes in the sale and repair of photographic equipment.
PHOTOGRAPHIC SERVICE. An establishment offering drop off of film for processing and pickup of developed photographs and related services.
PLASTIC PRODUCTS MANUFACTURING. A facility for the production of molded products constructed out of plastic, fiberglass, or other composite material.
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 that portion of Tex. Alcoholic Beverage Code, Title 3, Ch. 32, as hereafter amended and as it pertains to the operation of private clubs.
PUBLIC MAINTENANCE BUILDING, STORAGE YARD. A structure or yard that is used for storage of equipment, materials, or other property and that is owned and maintained by a governmental entity.
PUBLIC SAFETY FACILITY, POLICE AND FIRE. A facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations, and training facilities.
PUBLIC UTILITY. A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.
RADIO, TELEVISION STUDIO. A facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or pre-recorded materials for any part of the radio spectrum for commercial consumption.
RAILROAD FREIGHT TERMINAL. A facility for the assembly or storage of freight to or from rail cars.
RECREATION VEHICLE (RV) PARK (SHORT TERM). A parcel of land reserved for the location of recreational vehicles, used for habitation, consisting of pop-out units, fifth-wheel units, campers on pickups, and motor homes but does not include pop-up trailers and or tents. Docking sites on which RV units are located shall have appropriate utilities provided for individual units. Lodging in the recreation vehicles shall be on a transient basis and the park shall include associated buildings and facilities set aside exclusively for the use of patrons of the RV park.
RECREATIONAL RANCH OR FARM. An establishment incorporating a variety of rural uses, including sports arenas, rodeo grounds, pavilions, animal stables, and facilities which may be rented for private parties.
RECREATIONAL VEHICLE STORAGE (COMMERCIAL). A facility or location which, upon payment of a fee, provides for the parking and storage of recreational vehicles.
RECYCLING COLLECTION CENTER. A building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those materials to manufacture new products.
RELIGIOUS INSTITUTION. Facilities in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or propagating a particular form of religious belief.
RENTAL SERVICE WITH INSIDE STORAGE. An establishment that offers items for short term rental to the public which may include hand tools, small equipment such as lawn equipment, tables, linens and other items that do not require outside storage.
RENTAL SERVICE WITH OUTSIDE STORAGE. An establishment that offers items for short term rental to the public which may include construction equipment such as tractors and other items that require outside storage.
RENTAL STORE. An establishment that provides equipment and goods for rent by the general public to be used off site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.
RENTAL YARD, COMMERCIAL AND HEAVY EQUIPMENT. An establishment that provides heavy equipment for rent to contractors or the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.
RESTAURANT. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building. Such use includes cafes, lunch rooms, and tea rooms.
RESTAURANT, DRIVE-IN/DRIVE-THRU. Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
RESTAURANT, REFRESHMENT STAND (TEMPORARY OR SEASONAL). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building on a temporary or seasonal basis.
RODEO GROUND/FAIR GROUND. An outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens, and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.
ROOMING HOUSE. A building other than a hotel where lodging for three but not more than 12 persons is provided for definite periods for compensation pursuant to previous arrangement.
SALVAGE YARD. An area for salvage of metals, and/or other fabricated products, which may include a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.
SCHOOL, BUSINESS COLLEGE. A facility that provides a curriculum limited to the teaching of office and business practices and skills.
SCHOOL, COLLEGE OR UNIVERSITY. An academic institution of higher learning, accredited or recognized by the state, and offering a program or series of programs of academic study leading to a recognized degree or advanced degree, including junior and senior colleges, universities, conservatories and seminaries.
SCHOOL, COMMERCIAL INSTRUCTION. A facility that instructs and trains students in the arts, such as of music, dance, gymnastics, or martial arts, and is primarily operated on a commercial basis.
SCHOOL, COMMERCIAL TRADE. A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.
SCHOOL, HOME. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the housekeeping activities of a family.
SCHOOL, HOME DAY. Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than six unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given time.
SCHOOL, INSTITUTION, REHABILITATION, AND TRAINING CENTER. A facility that provides rehabilitation and training operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.
SCHOOL, PRIMARY OR SECONDARY. A public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.
SCHOOL, VOCATIONAL. A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements of a vocational facility.
SECONDHAND MERCHANDISE, DEALERS OR STORAGE (SCREENED). An establishment that keeps, handles, stores or uses furniture, appliances and/or other merchandise or goods for sale to the public or display; or an item which has previously been sold at the wholesale or retail level or previously used by an individual or business.
SHOE REPAIR. An establishment offering shoe repair service to the general public.
SIGN SHOP, PAINTED OR SILKSCREENED. A retail business offering signs and banners for sale.
SKATING RINK. An establishment that provides facilities for participant ice or roller skating.
SMOKE AND TOBACCO SHOP. An establishment which sells tobacco products such as cigarettes, cigars, chewing tobacco, snuff, pipe tobacco, and tobacco paraphernalia and which prohibits minors to enter or remain upon the premises, unless the minor is accompanied by the minor’s parent.
SPORTING GOODS, UNIFORMS, AND TROPHY SALES. A retail establishment offering for sale to the public sporting goods, uniforms, trophies and associated products.
STABLE, COMMERCIAL. A building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire, including a riding track.
STABLE, PRIVATE. A building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale.
STOCKYARD. An area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.
STONE MONUMENT SALES. A retail establishment offering for sale stone monuments produced off-premises, excluding cutting of slabs.
STORAGE AND WAREHOUSING ESTABLISHMENT. A facility that is constructed such that large quantities of products or goods may be stored for extended periods of time. Said facility may be equipped with loading ramps and docks that facilitate the loading and off-loading of semi-trailer vehicles.
STORAGE YARD. Facilities to store any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials outside at ground level.
STUDIO. A facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, dance, but not including commercial gymnasium or dance hall.
SWIMMING POOL, PRIVATE. A swimming pool and accessory facilities constructed for the exclusive use of the property owner and guests, when located in other than the minimum front yard.
SWIMMING POOL, WATER PARK, COMMERCIAL. A swimming pool and accessory facilities, not part of the municipal or public recreation system, and not a private swim club, but where the facilities are available to the general public for a fee.
TANNING SALON. A retail establishment providing tanning services and associated products to the public.
TATTOO PARLOR/BODY PIERCING STUDIO. An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
(a) Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;
(b) Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TAXIDERMIST STUDIO. A retail establishment offering for sale to the public the products produced by a taxidermist at a separate location.
TAXIDERMIST SHOP. An establishment offering the services of taxidermy.
TELEPHONE EXCHANGE, SWITCHING, OR RELAY. A facility for the exchange, switching, relaying, or transmission of telephone services, not including public office facilities, storage, or repair facilities.
TEXTILE MANUFACTURING. Includes knitting, weaving, printing, and finishing of textiles and fibers into fabric goods.
THEATER, INDOOR MOTION PICTURE. An establishment offering motion pictures for viewing by the public.
TIRE SALES AND SERVICE. An enclosed retail establishment that stores, repairs and sells tires and associated products.
UPHOLSTERY SHOP. A shop for the upholstery of furniture and automotive interiors.
UTILITY BUILDING AND STRUCTURES. Operations such as power substations, water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as pump and lift stations.
VETERINARIAN OFFICE, LARGE ANIMAL PRACTICE. The offices of a doctor of veterinary medicine with on site treatment of large domestic animals, which may consist of livestock and/or other farm animals and may include outside treatment pens, shelters, or barns.
VETERINARIAN OFFICE, SMALL ANIMAL PRACTICE. The offices of a doctor of veterinary medicine with on site treatment of small domestic animals, which consist primarily of household pets and animals that are not sheltered in pens or barns (excluding dog runs and pens).
VETERINARY HOSPITAL WITH OUTSIDE PENS. An office and clinic of a doctor of veterinary medicine for small domestic animal practice including outside treatment pens.
VETERINARY HOSPITAL WITHOUT OUTSIDE PENS. An office and clinic of a doctor of veterinary medicine for small domestic animal practice, without outside treatment pens.
VIDEO/GAME RENTAL. A commercial establishment that provides as a service a library of video movies and video games which may be rented on a short term basis and returned for reuse.
WATCH AND/OR JEWELRY SALES AND REPAIR. An establishment offering watches and jewelry for sale to the public, and offering repair services for jewelry, watches, and similar items.
WAREHOUSING AND FREIGHT OFFICE AND STORAGE. A use engaged in storage, wholesale sales, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
WEDDING OR SPECIAL EVENT VENUE. A facility that is available for rental to the public to host weddings, receptions, banquets, or other special events.
WELDING OR MACHINE SHOP. A facility for the machining and welding of metals, not including forging or structural welding.
WIRELESS TRANSMISSION OR RECEIVING FACILITY. A structure or structures supporting antennas and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum including wireless communication facilities, but excluding non-commercial antenna installations for home use of radio or television. See § 151.029 and division (C) below.
(C) Wireless communications facilities definitions. The following definitions shall apply.
ANTENNA. A device used in communications which transmits or receives radio signals.
ANTENNA, BUILDING ATTACHED.
(a) Antenna attached to existing structures in two general forms:
1. Roof-mounted, in which antennas are placed on the roofs of buildings, or
2. Building-mounted, in which antennas are mounted to the sides of buildings.
(b) These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.
ANTENNA FACILITY. A building or independent support structure and the antennas mounted thereon, along with an associated and necessary equipment building.
ANTENNA, MICROWAVE (also known as DISH ANTENNA). A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.
ANTENNA, PANEL (also known as DIRECTIONAL ANTENNA). An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antenna are typically flat, rectangular devices approximately six square feet in size.
ANTENNA, WHIP (also known as OMNIDIRECTIONAL ANTENNA). Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and 18 feet in height. They are used to emit signals in a 360 degree horizontal plane and a compressed vertical plane.
CO-LOCATION. The act of locating wireless communications equipment from more than one provider on a single antenna facility.
EQUIPMENT STORAGE. A small unmanned, single story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.
LATTICE TOWER. A tower having three or four support steel legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.
MONOPOLE. An antenna facility composed of a single spire used to support communications equipment. No guy wires are used or permitted.
SATELLITE RECEIVE-ONLY ANTENNA. An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite earth station antenna.
STEALTH FACILITY. An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities that are constructed to blend into the surrounding environment.
(Ord. 312, passed 6-22-2010; Ord. 319, passed 12-9-2010; Ord. 341, passed 7-12-2012)