(a) ADULT DAY CARE CENTER. An establishment that provides counseling, recreation, supervision or food, or any combination of these 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 establishment. Clients of an adult day care center shall not require institutionalization in a hospital; nursing or convalescent home; respite, personal care or custodial care home; or similar specialized facility. Hours of operation shall not exceed the period between 8:00 a.m. and 12:00 midnight. Such establishment shall not accommodate individuals who pose a direct threat to the health, safety or welfare of themselves or others, and shall not constitute a halfway house, rehabilitation facility or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities. Medical treatment or rehabilitative services shall not be provided in an adult day care center. An ADULT DAY CARE CENTER shall be licensed and operated in a manner consistent with such standards as may be promulgated by the State Department of Health and the State Department of Human Services.
(b) ADULT DAY CARE HOME. An establishment that provides counseling, recreation, supervision, or food/ or any combination of these services on a daily or regular basis, but not overnight, to three or fewer elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the establishment. Clients of an adult day care center shall not require institutionalization in a hospital; nursing or convalescent home; respite, personal care or custodial care home; or similar specialized facility.
(c) AGENCY GROUP HOME. A child care facility that provides care for seven to 12 children for 24 hours a day and is used only by a licensed child-placing agency.
(d) AGENCY HOME. A private home that provides care for not more than six children for 24 hours a day and is used only by a licensed child-placing agency.
(h) CHILD CARE FACILITIES. Facilities that provide care, training, education, custody, treatment or supervision for a child who is not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. CHILD CARE FACILITIES include “agency group homes”, “agency homes”, “child-care institutions”, “daycare centers”, “foster family homes”, “foster group homes”, “family homes” and “group daycare homes”.
(i) CHILD CARE INSTITUTION. A child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children’s homes, halfway houses, residential treatment camps, emergency shelters and training or correctional schools for children.
(j) CHURCH, SYNAGOGUE, TEMPLE OR PLACE OF WORSHIP.
(1) A structure used primarily for the purpose of engaging in religious worship or promoting the spiritual development or well-being of individuals; and
(2) A structure used by an organization operated in a way that does not result in accrual of distributable profits, realization of private gain resulting from payment or, compensation in excess of a reasonable allowance for salary or other compensation for serviced rendered, or realization of any other form of private gain; and
(3) A structure used by an organization whose charter, bylaws or other regulation adopted by the organization to govern its affairs:
(a) Pledges: Its assets for use in performing the organization’s religious functions; and
(b) Directs that on discontinuance of the organization by dissolution or otherwise, the assets are to be transferred to the state of or to a charitable, educational, religious or other similar organization that is qualified as a charitable organization under I.R.C. § 501(c)(3), as amended.
(4) Use of a structure for occasional secular purposes other than religious worship, does not result in loss of the status as a church if the primary use of the structure is for religious worship, and all income from the other use is devoted, exclusively to the maintenance and development, of the structure as a place of religious worship. See § 155.217 for additional regulations.
(k) CIVIC CENTER; CIVIC FACILITY. Any place or facility owned or operated by the school district, municipal, county, state or federal government, which is open for use by the general public. CIVIC FACILITIES shall include amphitheaters, auditoriums, cemeteries, libraries, museums, post offices, public office and administrative buildings (including City Hall), public plazas and open space, recreation centers and facilities, stadiums/arenas, convention or civic centers; but excluding storage and maintenance facilities, facilities for public utilities, including substations, treatment, generation or pump facilities, police or fire stations, or landfills or disposal facilities.
(l) 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 beyond the secondary education level, but excluding trade and/or commercial schools.
(m) COMMUNITY CENTER, PUBLIC. A building, or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a non-profit organization dedicated to promoting the health, safety, morals or general, welfare of the city.
(n) COMMUNITY CENTER, PRIVATE. A building or buildings dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit; not to be a commercial, for-profit business.
(o) COMMUNITY HOME FOR DISABLED PERSONS. A residential home operated by the State Department of Mental Health and Mental Retardation, a community center organized under § 3.01 of the Texas Mental Health and Mental Retardation Act, a non-profit corporation, or an entity certified by the State Department of Human Resources as a provider under the intermediate care facilities for mentally retarded program, which provide services to disabled persons.
(p) CONTINUING CARE FACILITY. A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act (Tex. Health and Safety Code, Ch. 246) in which a person provides a living unity together with personal care services and nursing services, medical services or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. Also see HOUSEHOLD CARE FACILITY, Appendix B, § 3ll, HOUSEHOLD CARE INSTITUTION, Appendix B, § 3mm, PERSONAL CARE FACILITY, Appendix B, § 3yy and PERSONAL CARE HOME, Appendix B, § 3zz.
(q) COUNTRY CLUB (PRIVATE). Land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club nay contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
(r) COUNTRY CLUB WITH GOLF COURSE. An area of 25 acres or more containing a golf course and clubhouse which is available to a specific recorded membership. Such a club may include as adjunct facilities, a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.
(s) DAY CAMP. A facility arranged and conducted for the instruction and organized outdoor recreation of children on a daytime basis.
(t) DAY CARE CENTER. A facility that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age for less than 24 hours a day who are not related by blood, marriage or adoption to the owner or operator of the facility. The terms “child care center” and “nursery school” shall not include overnight lodging, medical treatment, counseling or rehabilitative services, and does not apply to any school. Such facility shall be operated as required by Tex. Human Resources Code, Ch. 42, as amended, and in accordance with such standards as may be promulgated by the State Department of Human Resources. Also see AGENCY GROUP HOME, Appendix B, § 3c, AGENCY HOME, Appendix B, § 3d, FAMILY HOME, Appendix B, § 3x, FAMILY CARE HOME, Appendix B, § 3y and GROUP DAY CARE HOME, Appendix B, § 3gg. See § 155.216 for special regulations for DAYCARE (CHILD CARE) CENTERS.
(u) EXHIBITION AREA. An area or space, either outside or within a building for the display of topic-specific goods or information.
(v) FAIRGROUNDS. An area where outdoor fairs, circuses or exhibitions are held.
(w) FAMILY CARE HOME. A community-based residential home operated, by either the state, a non-profit corporation, a community center organized pursuant to state statute, or an entity which is certified by the state as a provider for a program for the mentally retarded. FAMILY HOMES provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a FAMILY HOME, a home must meet the following requirements:
a. Not more than six disabled persons and two supervisory personnel may reside in the residence at the same time;
b. The home must provide food and shelter, personal guidance, care, rehabilitation services or supervision; and
c. All applicable local and state licensing requirements must be met.
(x) FAMILY HOME. A child care facility that regularly provides care in the caretaker’s own residence for not more than six children under 14 years of age, excluding the caretaker’s own children, and that provides care after school hours, for not more than six additional elementary school siblings of the other children given care. The total number of children, including the caretaker’s own, shall not exceed 12 at any given time. Also see DAY CARE CENTER, Appendix B, § 3t.
(y) FARM, RANCH OR ORCHARD. An area of five acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain, and for the raising of the usual farm poultry and usual farm animals such as horses, cattle and sheep, and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals, including feed lots, and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. The processing and storage of raw agricultural products, such as cotton gins and grain elevators, shall not be considered a farm, ranch or orchard if such constitute the main or principal use on the lot or parcel. FARM, RANCH OR ORCHARD use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise or vibrations or be otherwise detrimental to the public welfare or any type of agriculture or husbandry specifically prohibited by ordinance or law.
(z) FOSTER FAMILY HOME. A facility that provides care for not more than six children for 24 hours a day.
(aa) FOSTER GROUP HOME. A facility that provides care for seven to 12 children for 24 hours a day.
(bb) FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB. An organized group having a restricted membership and specific purpose related to the welfare of the members.
(cc) GOLF COURSE, COMMERCIAL. A golf course owned and operated by a private individual or group and operated as a commercial enterprise, but not including a driving range, miniature golf or similar commercial amusement.
(dd) GOLF COURSE, PUBLIC. A golf course owned and operated by a governmental entity for the use, benefit and enjoyment of the general citizenry.
(ee) GREENHOUSE OR PLANT NURSERY, COMMERCIAL. A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, including related storage of equipment for landscape contracting.
(ff) GREENHOUSE, NON-COMMERCIAL. A building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.
(gg) GROUP DAYCARE CENTER. A facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day.
(hh) Reserved for future use.
(ii) HOSPICE (IN-PATIENT). An institution or facility where those persons suffering from generally permanent types of infirmity, illness, injury or deformity are given care and treatment on a prolonged or permanent basis, and which is licensed by the state.
(jj) HOSPITAL (CHRONIC CARE); LONG TERM HEALTH CARE FACILITY. An institution providing in-patient health, personal care or rehabilitative services over a long period of time to persons chronically ill, aged or disabled due to injury or disease and which is licensed by the state. See § 155.220 for additional regulations.
(kk) HOSPITAL (ACUTE CARE). An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the state. See § 155.220 for additional regulations.
(ll) HOUSEHOLD CARE FACILITY. A dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial adversity; living together with not more than two supervisory personnel as a single housekeeping unit. See also HOUSEHOLD CARE INSTITUTION, § 3mm, PERSONAL CARE HOME, § 3yy and CONTINUING CARE FACILITY, § 3p.
(mm) HOUSEHOLD CARE INSTITUTION. A facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; convalescing from illness; or rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with supervisory personnel. See also HOUSEHOLD CARE FACILITY, § 3ll, PERSONAL CARE HOME, § 3kk and CONTINUING CARE FACILITY, § 3p.
(nn) KENNEL. Any lot or premises on which dogs, cats or other domesticated animals are housed, groomed, bred, boarded, trained, harbored, kept, or sold for commercial purposes, excluding pet stores and municipal animal shelters. Veterinary clinics, animal hospitals and animal clinics shall not be considered a KENNEL, unless such uses contain pens or facilities for housing, boarding, breeding, training, harboring or keeping dogs, cats or other domesticated animals, swine, equine or other livestock or animals.
(oo) KINDERGARTEN SCHOOL. A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
(pp) LIBRARY. Any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.
(qq) MOBILE COLLECTION CENTER FOR SECONDHAND GOODS. A truck, van, trailer or other vehicle used solely for the collection, sorting and/or temporary storage of used clothing, furniture and appliances which will be distributed to persons or other processing centers for secondhand goods.
(ss) MUSEUM OR ART GALLERY. An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
(uu) NURSING HOME. See REST HOME OR NURSING HOME, § 3ggg.
(vv) PARK, PLAYGROUND OR RECREATION CENTER (COMMERCIAL). Any park, playground or other similar outdoor recreation or park facility, including batting cages softball, soccer or other recreation sports fields, and outdoor tennis, racquet or swimming, facilities, which are open to the general public for a fee or charge.
(ww) PARK, PLAYGROUND OR RECREATION CENTER (PUBLIC). An open recreation facility or park owned and operated by a governmental entity and available to the general public.
(xx) PARK, PLAYGROUND OR RECREATION CENTER (PRIVATE). A privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner’s association or similar organization.
(yy) PERSONAL CARE FACILITY. An establishment, including a board and care home, that furnishes in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment and provides personal care services, as defined in Tex. Health and Safety Code, § 247.002.
(zz) PERSONAL CARE HOME (CUSTODIAL CARE). An owner-occupied, home-operated non-licensed facility for the elderly providing, custodial care to not more than three individuals not related to the provider of such care. CUSTODIAL CARE is that type of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine- daily activities and which do not require the continuing attention of trained medical or paramedical personnel. Also see CONTINUING CARE FACILITY, Appendix B, § 3p, and PERSONAL CARE FACILITY, Appendix B, § 3yy.
(ccc) RACE TRACK. A facility used for the racing of motor-driven vehicles and/or animals.
(ddd) REHABILITATION CARE FACILITY. A dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
(eee) REHABILITATION CARE INSTITUTION. A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.
(fff) RESPITE CARE FACILITY. An establishment that provides room, board and care to five or more elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the establishment; and provides minor treatment under the direction or supervision of a physician licensed by the State Board of Medical Examiners, or services which meet some need beyond the basic provision of food, shelter and laundry. The maximum duration of stay for any individual shall be two weeks. Clients of a RESPITE CARE FACILITY shall not require institutionalization in a hospital; nursing or convalescent home; custodial care home; or similar specialized facility.
(ggg) REST HOME OR NURSING HOME. A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home. See § 155.228 for additional regulations.
(hhh) Reserved for future use.
(iii) SCHOOL (PRIMARY OR SECONDARY). An institution under the sponsorship of a public or private agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state, but not including specialty schools such as dancing, music, beauty, mechanical, trade or commercial schools.
(jjj) Reserved for future use.
(kkk) SCHOOL, TRADE OR COMMERCIAL. An establishment, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction in a trade, art or occupation. Such schools do not offer general courses of study and are not licensed as general educational institutions by the state.
(lll) STABLE, PRIVATE. An accessory building set back from adjacent property lines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per one and one-half acre area of a farm or lot.
(mmm) STABLE, PUBLIC. A stable and related open pasture where horses are quartered for owners on a fee basis.
(nnn) STADIUM OR PLAYFLELD, PUBLIC. An athletic field or stadium, owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium, which may be lighted for nighttime play.
(ooo) SWIM OR TENNIS CLUB. A private, recreational club with restricted membership; usually less area than a country club but not including, a clubhouse and/or a swimming pool, tennis courts, and similar recreational facilities, none of which, is available to the general public. Service uses such as restaurants or private clubs are permitted in conjunction with this use under the terms and conditions of the zoning district in which the use is located. This definition includes court centers such as racquetball clubs.
(ppp) SWIMMING POOL, COMMERCIAL. A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee. See § 155.229 for additional regulations.