For the purpose of this Ordinance, certain terms and words are
hereby defined.
(a)
Word
interpretations.
Interpretations of certain words used
in this Ordinance shall be as follows:
(1)
All
words used in the present tense shall include the future.
(2)
All
words in the singular number include the plural number, and all words
in the plural number include the singular number.
(3)
The
term “structure” includes the word “building,”
and the term “dwelling” includes the terms “residence”
and “place of habitation.” The term “lot”
includes the word “plot.”
(4)
The
term “person” includes corporation, co-partnership, association,
and individual.
(5)
The
term “shall” is mandatory and not discretionary.
(b)
Undefined
terms.
Terms not defined in this section shall have the
meanings assigned to them in the City building codes. Terms not defined
in this section or in the building codes shall have the customary
meaning assigned to them.
(c)
Accessory Apartment:
Accessory Use:
(a)
(b)
(c)
Accessory Use (Residential):
Agriculture:
All-weather Surface:
(a)
(b)
(1)
(2)
Alley:
Amusement, Commercial (Indoor):
Amusement, Commercial (Outdoor):
Animal Control Facility:
Animal Hospital or Clinic:
Antique Shop:
Apartment:
Apartment House:
Applicant:
Area of Lot:
Arts School or Studio:
Asphalt or Concrete Batching Plant (Temporary):
Assembly Hall:
Auto Repair Garage:
Automobile Repair, Major:
Automobile Service Station or Filling Station:
Automobile Wash or Automatic Carwash:
Banks and Financial Institutions:
Bed and Breakfast Establishment:
Billiard Parlor or Pool Hall:
Block:
Board:
Boardinghouse or Rooming House:
Brewery/Winery/Distillery:
Building:
Building Accessory:
Building and Landscape Materials and Lumber Sales (Outside Sales):
Building Height:
Building Line:
Cabinet and Woodwork Shop (Custom):
Carnival or Circus (Temporary):
Carwash:
Cemetery:
Chemical and Allied Products:
Child Care Center:
Church or Place of Worship:
City Council:
City Limits:
City Manager:
Cleaning/Laundry Shop, Pickup Station Only:
Cleaning/Laundry Shop With On-site Plant:
Cleaning/Laundry Shop With Pickup Station:
Clinic:
Club, Nonprofit:
Club, Private:
Common Areas:
Community Center (Private):
(a)
(b)
Community Center (Public):
Comprehensive Plan:
Concession:
Conditional Permitted Use:
Contractor or Maintenance Yard:
Convenience Store:
Convent or Monastery:
Country Club (Private Membership):
Coverage:
Crop Agriculture:
Custom Personal Service:
Custom Sewing and Millinery:
Dancehall:
Day Camp for Children:
Day Care:
Density:
(a)
(b)
District:
Dwelling:
Dwelling, Multifamily:
Dwelling, Single-Family:
Dwelling, Two-Family:
Dwelling Unit:
Eating Place with Drive-In or Curb Service:
Eating Place without Drive-In or Curb Service:
Emergency Ambulance Service:
Escort:
Escort Agency:
Essential Services:
Fabricated Metal Products:
Fairground:
Family:
Family or Group Home:
Farm, Ranch, Garden or Orchard:
Farmers’ Market:
Feed Store, Retail (Livestock, No Mill):
Filling Station or Service Station:
Flag:
Flag Pole:
Flea Market:
Floor Area:
Floor Area Ratio (FAR):
Foster Home:
Fraternity/Sorority House:
Front Yard Building Line:
Frontage:
Garage, Parking:
Garage, Private:
Garage, Public:
Garage, Repair:
Garage or Estate Sale:
Garden Shop and Plant Sales (Display or Greenhouse):
General Contractor:
Golf Course (Public or Private):
Golf Driving Range:
Government Facility:
Grade:
(a)
(b)
(c)
Grain Mill Products:
Group Home:
Guesthouse (Detached):
Halfway House (Criminal):
Hardware Store:
Health Club or Studio:
Height:
High Voltage Electrical Transmission Line:
Home Occupation:
Hospice:
Hospital (Chronic Care):
Hospital (General Acute Care):
Hotel or Motel:
Household Appliance and Equipment Repair:
Ice or Roller Skating Rink:
Industrialized Housing:
Industry:
Inflatable Promotion/Advertising:
Institution, Drug or Psychiatric Treatment:
Junk or Salvage Yard:
Keeping of Livestock or Poultry:
Kennel:
Laundry or Dry Cleaning, Self-service:
Library, Art Gallery or Museum (public):
Livestock Auction Pens or Sheds:
Lot:
Lot, Corner:
Lot, Depth:
Lot, Double Frontage:
Lot Lines:
Lot Line, Front:
Lot Line, Interior:
Lot Line, Rear:
Lot Line, Side:
Lot of Record:
Lot, Wedge Shaped:
Lot Width:
Lumber and Wood Products Manufacturing:
Luminaire:
Main Building:
Main Use:
Maintenance Services:
Manufactured Home:
Manufactured Home Park:
Manufacturing, General:
Manufacturing, Hazardous or Objectionable:
Manufacturing, Light:
Masonry Materials:
(a)
(b)
(c)
(d)
Maximum (%) Coverage:
Mean Lot Elevation:
Meat Products Processing or Manufacturing:
Medical Facilities:
(a)
(b)
(c)
(d)
Microbrewery:
(a)
(b)
(c)
(d)
Mining and Quarrying:
Mini-Warehouse:
Mixed Use Development:
Mobile Food Vendor:
Mobile Home:
Model Home:
Mortuary or Funeral Home:
Motor Vehicle Fuel Service Station:
Multifamily (Apartments):
Museum, Library or Art Gallery (Public):
Nightclub or Dancehall:
(a)
(b)
(c)
Nonconforming:
Nursing and Convalescent Homes:
Office, General and Professional:
Office, Medical or Dental:
Office, Showroom/Warehouse:
Open Space:
Open Storage (No Enclosure):
Open Storage with Visual Screen:
Orphanage:
Outdoor Lighting Nuisance:
Owner:
Paper and Allied Products Manufacturing:
Parcel:
Park or Playground, Public:
Parking Lot, Commercial:
Parking Space:
Parking Structure, Commercial:
Pawnshop:
Personal Improvement Services:
Pet Shop:
Petroleum Refining and Related Industries:
Piercing Studio:
Planning and Zoning Commission:
Plant Nursery or Garden Shop:
Pool House (Detached):
Poultry Hatchery:
Primary Metal Products Manufacturing:
Principal Use:
Professional, Scientific and Controlling Instruments; Photographic
and Optical Goods; Watches and Clocks Manufacturing:
Psychiatric Hospital or Institution:
Public Building, Shop or Yard:
Public Health Center:
Racetrack:
Radio or Television Transmission Station (Commercial):
Radio, Television, Microwave or Cellular Communication Tower
(Commercial):
Radio Tower (Noncommercial):
Railroad Team Track:
Railroad Track:
Recreation Club or Area (Private):
Recreation Facility (Public):
Recycling Drop-off Center:
Refreshment Stand:
Repair Services, General:
Repair Services, Limited:
Residential:
Restaurant, Drive-Thru:
Restaurant, Fast Food:
Restaurant, General:
(a)
(b)
(c)
Retail, General (Indoors):
Retail, General (Outdoors):
Retail, Single Tenant:
Retirement Home:
Rubber and Miscellaneous Plastics Manufacturing:
Sales, Temporary or Seasonal:
Sales Trailer, Temporary:
Satellite Dish:
School, K-12, Public or Private:
School, Vocational:
Secondhand Store:
Service Station:
Sexually Oriented Business:
Sign:
Sign, Display Surface Area:
Sign, Illuminated:
Sign, Projecting:
Sign, Temporary:
Single-Family Dwelling (Attached):
Single-Family Dwelling (Detached):
Single-Family Dwelling (Zero Lot Line):
Special Event:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Special Use:
Stable, Commercial:
Stable, Private:
Stadium or Playfield, Public:
Stone, Clay, Glass and Concrete Products Manufacturing:
Story:
Street (Private):
Street (Public):
Structural Alterations:
Structure:
Stucco, conventional 3-step hard-coat (3-step hard-coat stucco):
Studio (Art, Drama, Speech, or Dance):
Supermarket:
Swimming Pool, Private:
Tattoo Salon:
Telephone Equipment Station:
Tennis Court (Lighted):
Tennis Court (No Lights):
Textile Mill Products Manufacturing:
Theater, Movie or Live (Enclosed):
Thoroughfare Plan:
Tobacco Products Manufacturing:
Tourist Court (Auto Courts, Motels, or Motor Lodge):
Townhouse:
Townhouse Group:
Townhouse Project:
Townhouse Subdivision:
Trailer:
Transmission Pipeline:
Travel Trailer/RV Park:
Truck or Heavy Equipment Driving School:
Two-Family Dwelling:
Use, Nonresidential:
Use, Residential:
Utility Facilities (Major):
Utility Lines and Transmission:
Vehicle and Equipment Sales or Rental:
Veterinary Office (No Hospital or Clinic):
Warehouse/Storage (Inside):
Wine Retail Establishment:
Wrecking Yard, Junkyard, Salvage Yard or Reclamation Yard:
Yard:
Yard, Front, Required:
Yard, Rear, Required:
Yard, Side, Required:
Zoning Board of Adjustment:
Zoning District Map:
Words
and terms defined.
The definitions in this section supplement, restrict,
and define the meaning and intent of the Use Regulations as set forth
in this Ordinance. The following words, terms and phrases, when used
in this Ordinance, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
an accessory dwelling for the use and occupancy by any person
employed on the premises on a full-time basis for domestic or medical
help or family members to the second degree of consanguinity and affinity.
Such dwelling shall not have separate utility services or meters.
This may also include an accessory dwelling located in a commercial
or industrial district for the use of any person employed by the business
or property owner to provide management, maintenance or security for
the property.
a structure or use that:
Is clearly incidental to and customarily found in connection
with a principal building or use.
Is subordinate to and serves a principal building or a principal
use; is subordinate in area, extent, or purpose to the principal building
or principal use served.
Is located on the same lot as the principal building or use
served.
a subordinate use which is detached from the main building
and used for purposes customarily incidental to the residential occupancy
of the main building and not involving the conduct of a business or
the sale of a service. Accessory buildings include but are not limited
to an automobile storage garage, laundry room, garden shelter, hobby
room and mechanical room.
the use of land for agricultural purposes including farming,
dairying, pasturing, horticulture, animal and poultry husbandry, and
the necessary accessory uses for packing, treating, or storing the
produce; provided, however that the operation of any such accessory
[use] shall be secondary to that of normal agricultural activities,
and provided further that the above uses shall not include commercial
feeding of swine or other animals, stockyards, commercial feed lots
for cattle.
a hard smooth paved surface of either hot-mixed asphaltic
concrete (HMAC) or Portland cement concrete (PCC) and the appropriate
base material, meeting the following minimum specifications:
Portland cement concrete:
WWF 6 x 6, W 2.9s of class A, 3,000 psi concrete, reinforced with WWF 6 x 6, W 2.9 - 2.9.
Base: four inches of compacted granular material.
|
Material shall conform to City and State department of transportation
specifications. Other possible types of paved surfaces will be considered
on a case-by-case basis by the City’s planning and engineering
departments.
|
a minor right-of-way dedicated to public use not more than
twenty (20) feet wide affording a secondary means of access to abutting
property and not intended for general traffic circulation.
an amusement enterprise wholly enclosed in a building, including
but not limited to a bowling alley, bingo parlor or amusement arcade,
but not including a billiard parlor or pool hall.
any amusement enterprise offering entertainment or games
of skill to the general public for a fee or charge wherein any portion
of the activity takes place in the open, including but not limited
to a golf driving range, archery range, and miniature golf course.
an establishment that is operated, controlled or contracted
with/by the City for the confinement, safekeeping, control and/or
destruction of animals that come into the custody of the City.
a facility for the treatment or care of domestic animals,
which includes a veterinarian’s office, and may include overnight
stays, but does not include outside pens.
an establishment offering for sale articles such as glass,
china, furniture or similar furnishing and decorations which have
value and significance as result of age, design or sentiment; and
when all such items displayed or offered for sale are housed within
a building and there is no exterior display except the usual sign
or advertising.
a room or suite of rooms in a multiple dwelling, or in a
building in which more than one living unit is established above or
on the same floor as nonresidential uses, which room or suite is intended,
or designed for use as a residence by one family and which includes
culinary accommodations.
a building or portion thereof used or designed as a residence
for three (3) or more families living independently of each other
and doing their own cooking in said building, including apartments
and apartment hotels.
a person seeking a municipal approval under this Ordinance.
An Applicant must be the property owner, or a duly authorized agent
of the property owner.
the square-foot area of a lot within the bounding property
lines and exclusive of dedicated streets or alleys.
a school for instruction and practice of the performing,
visual or martial arts.
a temporary facility for producing asphalt or concrete products
used in construction activities on the same or nearby sites.
a building, or part of a building, in which facilities are
provided and used for such purposes as a meeting, gathering, or assembly
of persons for civic, educational, political, religious, or social
events, including weddings and receptions, and may include a banquet
hall, private club, or fraternal organization.
a building or place arranged, designed, used or intended
to be used for the primary purpose of providing general repair and
servicing of motor vehicles. Such repair or servicing may include
reconditioning of engines, air conditioning systems and transmissions;
wrecker service; replacement or repair of brakes, shock absorbers,
tires, batteries, mufflers or upholstery; and other similar services,
but excluding body work, painting, undercoating or rustproofing, and
tire retreading or recapping.
general repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service including body, frame,
or fender straightening or repair; overall painting or paint shop;
vehicle steam cleaning.
any area used for retail sale of gasoline or oil fuels or
automobile accessories, and incidental service including facilities
for lubricating, and washing and cleaning, but not including painting,
major repair, or the sale of butane or propane fuels.
a building or structure or chain conveyor, blowers, steam
cleaners, and other mechanical devices used primarily for the purpose
of washing motor vehicles.
activities and institutions for the extension of credit and
the custody, loan or exchange of money.
a private single-family residence in which lodging for one
or more nights and breakfast is provided by the resident owner for
compensation.
a facility for the playing of billiards and pool. Food service
may be allowed as an ancillary use.
an area enclosed by streets, or if such word is used as a
term of measurement, it shall mean the distance along a side of a
street between two intersecting streets, or if the street is of a
dead-end type, a block shall be considered to be measured between
the nearest street and the end of such dead-end street.
the Zoning Board of Adjustment as provided for in DIVISION
4, ARTICLE VII of this Ordinance.
a building, other than a hotel or multiple-family dwelling,
where lodging is provided for five or more persons for compensation,
where meals may or may not be served and where facilities for food
preparation are not provided in the individual rooms. Where meals
are served, they shall be served only to the residents of the boardinghouse.
means an establishment where beer, liquor, or wine is produced
on the premises and may include in-house consumption and sale. Food
sales or a restaurant may also be included, as well as associated
retail sales.
any structure designed, built or intended for the shelter
or enclosure of persons, animals, chattels or movable property of
any kind or for an accessory use. When separated by an absolute fire
separation, each portion of such structure so separated shall be deemed
a separate building. This definition includes structures wholly or
partly enclosed with an exterior wall.
see “Accessory Use or Structure.”
a facility for the sale of home, lawn and garden supplies
and construction materials such as brick, lumber and other similar
materials. The facility may include outside sales.
the vertical distance from the average line of the highest
and lowest points of that portion of the lot covered by the building
to the highest point of coping of a flat roof, or the deck line of
a mansard roof or the average height of the highest gable of a pitch
or hip roof.
a line established, in general, parallel to the front property
line, over which no part of a building shall project, except as otherwise
provided in this Ordinance.
a shop for the repair or creation of individual items of
furniture and wooden home furnishings on a custom basis, not a factory,
planning mill or similar woodworking plant.
a temporary traveling show or exhibition usually housed in
tents, and which has no permanent structure or installation; a temporary
event that is characterized by mechanical rides, games of skill or
chance, entertainment, or food, performance of acrobats, trained or
exotic animals, or clowns, which has no permanent structure or installation.
a facility or area for the cleaning or steam cleaning, washing,
polishing or waxing of passenger vehicles by machine or hand-operated
facilities. A carwash may be a single unit, multiple single washing
units, or a tunnel type which can wash several vehicles in tandem.
a land use intended to be used for the burial of the human
dead and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums, and mortuaries when operated in conjunction
with and within the boundaries of such cemetery.
includes the manufacturing of industrial inorganic and organic
chemicals, plastics materials, and synthetic resins, synthetic rubber,
synthetic and other man-made fibers; drugs; soap, detergents, cleaning
preparations, perfumes, and other toilet preparations; paints, varnishes,
lacquers, enamels, and allied products; gum and wood products; agricultural
chemicals; and other chemical and allied products.
any place, home or institution which receives three or more
children under the age of sixteen years for care apart from their
natural parents, legal guardians or custodians, and received for regular
periods of time for compensation; provided, however, this definition
shall not include public and private schools organized, operated or
approved under the laws of this State, custody of children fixed by
a court, children related by blood or marriage within the third degree
to the custodial person or to the churches or other religious or public
institutions caring for children within their institutional building
while their parents or legal guardians are attending service or meetings
or classes and other church activities.
a facility or area for people to gather together for public
worship, religious training, or other religious activities including
a temple, mosque, synagogue or other structure, together with its
customary accessory structures and uses, including a parsonage or
rectory. This does not include home meetings or other religious activities
conducted in a privately occupied residence.
the official governing body of the City of Nolanville.
the incorporated municipal boundary.
the chief administrative officer of the City, or the City
Manager’s designee.
a pickup station for cleaning or laundry where the work is
performed other than on the premises.
a custom cleaning, laundry or pressing shop with a pickup
station not exceeding 4,000 square feet in floor area where work is
performed on-site utilizing an approved chemical process for cleaning
or laundry.
a custom cleaning, laundry or pressing shop with a pickup
station where work is performed on-site utilizing a nonchemical process
for cleaning or laundry.
a place used for the care, diagnosis and treatment of sick,
ailing, infirm and injured persons and those in need of surgical or
medical attention but who are not customarily provided with board
and room or kept overnight on the premises.
an association of persons who are bona fide members, paying
regular dues, and organized for some common purpose, but not including
a group organized solely or primarily to render a service customarily
carried on a commercial enterprise.
a clubroom or suite of rooms or a building available to restricted
membership for meetings, dining and entertainment. Such facilities
may include a private tennis court, swimming pool or similar recreation
facilities, none of which are available to the general public.
private property owned in common by, and designated for the
private use of the owners or occupants of dwellings in a particular
project or subdivision. Common Area uses include, but are not limited
to, recreation areas, parks and plazas, ornamental areas open to the
general view within the project or subdivision, and buildings setbacks
not otherwise required by Ordinance. The Common Area does not include
public streets, alleys, required building setbacks or utility easements.
A building or group of rooms designed and used as an integral
part of a residential or apartment project by the tenants of such
a project for a place of meeting, recreation or social activity and
under the management and unified control of the operators of the project.
A private nonprofit community center operated as a boys’
or girls’ club or similar use. A private community center shall
not be operated as a place of public meetings, or as a business.
a building and grounds owned and operated by a governmental
body for the social, recreational, health or welfare of the surrounding
community.
the official City plan of the City of Nolanville, Texas[;]
also refers to the specific document, “General Plan, Nolanveille,
Texas.”
a temporary food establishment where food is offered to the
public that operates for a period of no more than 14 consecutive days
in conjunction with a single circus, carnival, special event, or celebration.
a land use that, because of its unique nature, is compatible
with the permitted land uses in a given zoning district only under
certain conditions. Such conditions include the imposition of additional
standards and conditions.
an open storage yard for supplies and operational equipment,
including buildings, but not constituting a junkyard, wrecking yard
or salvage yard.
any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
such and having a gross floor area of less than 7,500 square feet.
the living quarters or dwelling units for a religious order
or for the congregation of persons under religious vows.
an area of 20 acres or more containing a golf course and
a clubhouse and available only to a private specific membership. Such
a club may contain as adjunct facilities a private club and dining
room, swimming pool, tennis courts and similar recreation facilities.
the percent of a lot area which is covered by a roof, floor
or other structure and is not open to the sky. Roof eaves to the extent
of two feet, and ordinary projections from the building not exceeding
12 inches shall not be counted in computing coverage.
the use of land for the primary purpose of raising and harvesting
row, field or tree crops on a commercial basis.
barber shop, beauty shop, tailor, dressmaker, shoe shop or
similar shop offering custom service.
custom making of items of apparel and millinery, by a seamstress,
but not involving a factory.
an establishment open to the public for entertainment primarily
dancing, but excluding any entertainment characterized or distinguished
by specified anatomical areas or specified sexual activities and excluding
the sale or consumption of alcoholic beverages.
a facility arranged and conducted for the organized recreation
and instruction of children, including outdoor activities, on a daytime
basis only.
a facility or area used regularly to provide daytime care,
training, education, custody, treatment or supervision to more than
four children, adults or elderly in other than a family setting for
less than 24 hours a day, whether for compensation or not. This definition
includes preschools, private kindergartens, nurseries and other similar
uses not listed elsewhere in this Ordinance.
as follows:
Residential Density:
the relationship of dwelling units or rooms to the area of
the lot or tract upon which a residential structure is located or
erected, and is expressed in “units per acre.”
Nonresidential Density:
the ratio of the area of the building to the area of the
site. See Floor area ratio (FAR).
a section or sections of the City of Nolanville, Texas for
which regulations governing the use of buildings and premises, the
height of buildings, the size of yards, and the intensity of use are
uniform.
any building or portion thereof designed or used as a residence
of one or more persons, but not including a tent, cabin, trailer coach,
manufactured home, mobile home, boarding or rooming house, hotel or
motel.
a building or portion thereof containing three (3) or more
dwelling units and designed [for] or used by three (3) or more families;
also includes the word “apartments.”
a building containing one (1) dwelling unit and designed
for or used exclusively by one (1) family.
a building contacting [containing] two (2) dwelling units
and designed for or used exclusively by two (2) families; also includes
the word “duplex.”
a building or portion of a building which is arranged, occupied
or intended to be occupied as a single living quarters and includes
facilities for food preparation and sleeping.
an establishment offering food for sale to customers in automobiles
and wherein the food for sale is to customers in automobiles and wherein
the food service is to the automobile.
any eating establishment, cafeteria, restaurant or inn where
food service is offered to the customers not in automobiles.
a facility for the operation and dispatch of emergency medical
vehicles. Typically this operation is ancillary to a hospital or a
fire station, but it may also be a primary use on a property.
a person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
a person or business association that furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for fee, tip or other consideration.
the erection, construction, alteration, or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, steam, or water transmission or distribution
systems, including poles, wires, mains, drains, sewer, pipes, conduits,
and other similar equipment and accessories thereof, reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies or for the public health
or safety or general welfare, but not including buildings.
includes the manufacturing of ordnance and accessories; machinery,
equipment and supplies; transportation equipment; and other fabricated
metal products.
a specific facility that hosts special indoor and outdoor
events including exhibits or competitions of agricultural products,
livestock, machinery, etc.; a large exhibition or show of products
from various countries; an exhibition or sale of fancywork or other
items for the benefit of some cause; or a gathering of buyers or sellers
of some product or service.
One (1) or more persons (but not more than six (6) unrelated
persons) living together as a single housekeeping unit; a person living
alone or two (2) or more persons living together as a single housekeeping
unit, using a single facility in a dwelling unit for culinary purposes,
as distinguished from a group occupying a boarding house, lodging
house, hotel, motel, fraternity house or sorority house as a herein
defined.
a community-based residential home providing food and shelter,
personal guidance, care, rehabilitation services, or supervision.
This classification includes foster homes, homes for the physically
and mentally impaired, homes for the developmentally disabled, congregate
living facilities for seniors, and maternity homes. Requires licensing
by the State. Family homes shall have a maximum of six (6) clients
plus two (2) staff members residing in a house. The term “group
home” does not include post-incarceration facilities or facilities
for those who are a danger to themselves or others.
an area of three acres or more which is used for growing
of usual farm products, vegetables, fruits, trees and grain for the
raising thereon of the usual farm poultry and farm animals such as
horses, cattle and sheep, including a private stable and also including
the necessary accessory uses for raising, treating, and storing products
raised on the premises, but not including the commercial feeding of
offal or garbage to swine or other animals and not including any type
of agriculture or husbandry specifically prohibited by City Ordinance
or law.
the retail sale of farm products by individual vendors either
within a building or outside. Items sold may include fruits, vegetables,
herbs, spices, edible seeds, nuts, live plants, flowers and honey.
The sale of new and used household goods, personal effects, tools,
artwork, small household appliances and similar merchandise are not
included.
an establishment for the sale of grain, prepared feed and
forage for pets, livestock and fowl, but not involving the grinding,
mixing or commercial compounding of such items.
any building or premises used for the dispensing, sale, or
offering for the dispensing, sale, or offering [sic] for sale at retail
of any automobile fuels or oils. When the dispensing, sale, or offering
for sale is incidental to the conduct of a public garage, or retail
store, the premises are classified as a public garage or retail store.
a piece of cloth type material used as a symbol for a nation,
state, county, municipality, and nationally or internationally recognized
organizations not for advertisement purpose, fastened to a structure,
pole, staff or rope.
a permanent metal pole, not to exceed 4 inches in diameter,
and 35 feet in height unless regulated by a district, which holds
the flag defined above.
a building or open area in which stalls or sales areas are
set aside and rented, or otherwise provided, and which are intended
for the sale of articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique and may include the retail selling of goods
by businesses or individuals who are generally engaged in retail trade.
This does not include garage sales.
the total square-foot area of all floors in the building
measured to the outside faces of exterior walls or to the line of
an omitted wall, whichever includes the largest area.
the ratio between the total square feet of floor area in
the building to the total square feet of land in the lot or tract;
e.g., “2:1”: that the building contains twice the amount
of area as there is in the lot.
a facility or area providing full-time parental care for
six (6) or more unrelated minor children for which compensation or
fee is received in return for such services. This must comply with
statutory licensing requirements.
any building occupied and maintained by a social association
of college students, or where organization-sponsored functions are
regularly held.
front yard setback.
all the property on one side of a street between two intersecting
streets (crossing or terminated), measured along the line of the street
or if the street is dead-ended, then all property abutting on one
side between an intersecting street and the dead-end of the street.
any building or portion thereof used for the storage of four
(4) or more automobiles in which any servicing which may be provided
in [is] incidental to the primary use for storage purposes, and where
repair facilities are not provided.
an accessory building or portion of the main use building,
designed or used for the housing of the motor-driven vehicles which
are the property of and for the private use of the occupants of the
lot on which the private garage is located. Not more than one (1)
of the vehicles may be a commercial vehicle and of not more than one
and one-half (1-1/2) tons capacity.
a building or portion thereof, other than a private garage,
designed or used for equipping, repairing[,] hiring, servicing, selling,
or storing motor-driven vehicles. The vehicles may be a commercial
vehicle and of not more than one and one-half (1-1/2) tons capacity.
a building in which are provided facilities for the care,
servicing, repair, or equipping of automobiles.
a sale for the purpose of offering clothing, household furniture
or appliances belonging to the residents may be conducted as home-based
business provided that no such sale may be held on any lot or premise
more often than four (4) times in each calendar year, and not to exceed
three (3) days during each sale.
an enclosed or open area for the retail sale of plants and
gardening products, including fertilizers, soil and gardening implements.
a person or business association that contracts to do work
or provide supplies for another.
a golf course owned or controlled publicly or privately.
This includes such uses as a clubhouse, food service, retail, and
other customary accessory uses.
a facility for the organized practice of golf techniques.
It may include a practice green for putting, a clubhouse and other
minor ancillary uses.
a facility for public purposes, owned or operated by the
City, county, state or federal government. These typically include
City hall, courthouse, police and fire stations, public library or
museum.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalk at the center of the
walls adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
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Any wall approximately parallel to and not more than five (5)
feet from the street line shall be considered as adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
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includes the manufacturing of flour and other grain mill
products, feeds for animals and fowl, cereal preparations, rice milling,
blending and preparing flour, and wet corn milling.
includes housing for persons with disabilities, children
and domestic abuse shelters, foster families, hospice, and fraternities.
Group homes do not include overnight shelters, halfway houses, or
facilities providing alcohol and drug detoxification.
a secondary structure on a lot or tract containing dwelling
accommodations but excluding kitchen facilities and separate utility
services or meters and intended for the temporary occupancy by guests
and not rented or used for permanent occupancy.
a facility for the housing, rehabilitation, and training
of persons on probation or parole from correctional institutions,
or other persons found guilty of criminal offenses.
an establishment primarily engaged in the retail sale of
a number of basic hardware lines, such as tools, builder’s hardware,
paint and glass, housewares and household appliances, and cutlery.
a wholly enclosed facility for fitness training and practice.
the vertical distance from the average grade of the finish
ground level at the center of all walls to the highest finished roof
surface for flat roofs; to the deck line of mansard roofs; and to
one-half the distance between the roof eave and the peak for gable,
hip and gambrel roofs. In measuring the height of a building, the
following structures shall be excluded if not exceeding four feet
in height: chimneys, cooling towers, elevator penthouses, tanks, water
towers, radio and television towers, ornamental cupolas, domes or
spires, and parapet walls.
Any electric service that delivers three-phase power at 60
kilovolts (kV) or greater.
an occupation carried on in the home by a member of the occupant’s
family, being incidental to the primary occupancy of the home as a
dwelling; without the display or advertising of any commodity or service
for sale on the premises; with the employment of no more than 1 person
other than members of the immediate family; without the use of any
lighting or display; without the use of other than domestic or household
equipment or appliances; and the conduct of which does not generate
noise, odor, fumes, vibration, additional vehicle traffic or any other
condition visible, obnoxious or detrimental to abutting or adjacent
properties.
a facility for the terminally ill, where patients are under
the supervision of a doctor, but undergo limited curative treatment,
and which is licensed by the State.
an institution where those persons suffering from generally
permanent types of illnesses, injury, deformity, deficiency or age
are given care and treatment on a prolonged or permanent basis and
which is licensed by the State.
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.
a building or group of buildings designed and occupied as
a temporary abiding place of individuals. To be classified as a hotel
or motel, an establishment shall contain a minimum of twenty (20)
individual guestrooms or units and shall furnish the customary hotel
services such as linen, maid service, telephone, use and upkeep of
furniture, and the accommodations shall not be designed as permanent
dwelling units.
a shop for the repair of household and home equipment, such
as electrical appliances, lawn mowers, tools, and similar items, where
all such items are stored within a building or a storage area surrounded
by a solid fence, wall or screen.
a facility for the practice of ice or roller skating. Accessory
uses may include food service and other indoor amusements, contained
entirely within the primary structure.
a residential structure that is designed for the use and
occupancy of one (1) or more families, that is constructed according
to the rules of the State department of labor and standards 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.
The term includes the plumbing, heating, air conditioning, and electrical
systems.
Storage, repair, manufacture, preparation or treatment of
any article, substance, or any commodity for commercial use.
a temporary outdoor inflatable which includes but is not
limited to balloons, banners, cartoons or any similar objects for
special sales or promotions.
any facility used or intended to be used primarily for the
treatment of alcohol or drug dependency or the housing and care of
persons with a mental illness that requires them to be confined in
an institutional facility.
a place where waste, discarded or salvage materials are bought,
sold, exchanged, baled, packed, disassembled or handled, including
all wrecking yards, house wrecking yards, used lumber and places or
yards for storage of salvaged house wrecking and structural steel
materials and equipment; but not including such places where such
uses are conducted entirely within a completely enclosed building,
and not including pawnshops and establishments for the sale, purchase,
or storage of used furniture and household equipment, used cars in
operable condition, or salvage material incidental to manufacturing
operations.
the use of land for the keeping or raising of livestock or
poultry, whether as an accessory or principal use or on a commercial
or noncommercial basis.
any business or establishment other than a veterinary hospital,
whether operated separately or in connection with another business
or establishment, that keeps, boards and/or trains dogs and/or cats
for profit. Veterinary hospitals shall not be considered a kennel,
unless such hospitals contain pens or facilities for housing, boarding,
breeding, training, harboring, or keeping dogs, cats or other domesticated
animals, swine, equine[s], or other livestock or animals other than,
or in addition to, short-term care incidental to the hospital use.
Kennels must be established, maintained and operated in compliance
with all applicable zoning and land Use Regulations of the City.
an establishment providing facilities for washing or dry
cleaning garments and similar items and where the customer may personally
supervise and handle the cleaning operation.
any institution for the loan or display of books, 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.
a facility or area for the auction of livestock. Accessory
uses may include but are not limited to feed pens, stalls, and outside
pens or runs.
a tract of land having specific boundaries or being used
for a given purpose.
a lot which has at least two adjacent sides abutting on a
street, provided that the interior angle at the intersection of such
two sides is less than one hundred thirty-five (135) degrees.
the mean horizontal distance between the front and rear lot
lines.
a lot having frontage on two (2) or more dedicated streets
other than a corner lot.
the property or lease lines bounding a lot or tract.
the boundary of a lot which abuts a public street. Where
the lot abuts more than one (1) street, the owner may select the front
lot line.
a lot line delineating the division between two (2) contiguous
lots on the interior of a block and not adjacent to a street.
the boundary of a lot which is most distant from and most
nearly parallel to the front lot line.
any boundary of a lot which is not a front lot line or a
rear lot line.
a lot which is part of a subdivision plat which has been
recorded in the office of the County Clerk or a tract of land described
by metes and bounds, the description of which is recorded in the office
of the County Clerk.
a lot situated so that the front is either wider or narrower
than the rear of the lot.
the width of a lot at the required front yard line or at
the building line if such is established at a greater distance from
the street than the required front yard line.
includes logging camps and contractors; sawmills and planing
mills; and the manufacturing of millwork, veneer, plywood, prefabricated
structural wood products, wood furniture; and other lumber and wood
products.
a complete lighting unit including a light source and all
necessary mechanical, electrical, reflective and decorative parts.
the building on a lot which is occupied by the primary use.
the dominant, main or primary use of the land.
an establishment primarily engaged in the provision of off-site
maintenance and custodial services. Typical uses include, but are
not limited to, carpet cleaning, janitorial, landscape maintenance,
pest control, septic tank and window cleaning services.
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
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. The term includes HUD-Code Manufactured Homes.
a unified development of manufactured home sites, plots,
or stands as arranged on a large tract under single ownership, meeting
the area and setback requirements of this Ordinance, and designed
to accommodate manufactured homes for a long-term duration. The term
also includes the condominium regime.
an establishment engaged in the basic processing and manufacturing
of materials or products predominantly from extracted or raw materials,
excluding uses classified as manufacturing, hazardous or objectionable.
a use engaged in storage of, or manufacturing processes utilizing,
hazardous materials as defined by the Uniform Fire Code, or storage
or manufacturing processes that potentially involve hazardous or commonly
recognized offensive conditions. Typical uses include, but are not
limited to, chemical manufacturing and warehousing, dry ice manufacturing,
fat rendering plants, fertilizer manufacturing, fireworks and explosives
manufacturing and warehousing, meat packing plants, petroleum refineries,
pulp processing and paper products manufacturing, radioactive materials
manufacture or use, steel works, slaughterhouses and tanneries.
an establishment engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment and packaging
of such products, and incidental storage, sales and distribution of
such products, but excluding activities classified in another land
use category. Typical uses include, but are not limited to, apparel
and garment factories, appliance and computer products assembly, boatbuilding
and repair, electrical and electronic equipment, fixtures, jewelry
manufacturing, leather products, meat cutting and wholesale storage,
monument and grave marker manufacturing, motion picture production
lots, musical instrument manufacturing and toy manufacturing.
shall mean and include that form of construction defined
below and composed of clay brick, stone, decorative concrete block,
rock or other materials of equal characteristics laid up unit by unit
set in mortar.
Brick - Includes kiln fired clay or shale brick manufactured
to ASTM C216 or C652, Grade SW, can include concrete brick if the
coloration is integral, shall not be painted, and it is manufactured
to ASTM C1634; minimum thickness of two and one-quarter inches when
applied as a veneer, and shall not include underfired clay or shale
brick.
Stone - Includes naturally occurring granite, marble, limestone,
slate, river rock, and other similar hard and durable all-weather
stone that is customarily used in exterior building construction;
may also include cast or manufactured stone product, provided that
such product yields a highly textured stone-like appearance, its coloration
is integral to the masonry material and shall not be painted on, and
it is demonstrated to be highly durable and maintenance free; natural
or man-made stone shall have a minimum thickness of two and five-eighths
inches when applied as a veneer.
Decorative Concrete Block - Includes highly textured finish,
such as split faced, indented, hammered, fluted, ribbed or similar
architectural finish; coloration shall be integral to the masonry
material and shall not be painted on; minimum thickness of three and
five-eighths inches when applied as a veneer; shall include light-weight
and featherweight concrete block or cinderblock units.
The following materials shall not qualify nor be defined as “masonry
construction” in meeting the minimum requirements for exterior
construction of buildings, unless specifically approved by variance:
the percent of the lot with any impervious improvements including
but not limited to building improvements, patios, drives, and parking.
the average elevation of a lot.
includes meat, poultry, and small game packing and the manufacturing
of sausages and other prepared meat products, but not including the
slaughtering of animals or poultry.
including but not limited to:
Nursing and Convalescent Home: See “Nursing and Convalescent
Homes.”
Dental or Medical Clinic: A building used for the examination
and treatment for the physically ill, provided that no facilities
are provided for patents remaining overnight except under emergency
conditions, except as provided for elsewhere.
Dental or Doctor’s Office: The same as dental or medical
clinics, including various dental and medical specialties.
Hospitals: Any institution providing physical and mental health
services primarily for human inpatient medical or surgical care of
the sick or injured [and] related facilities such as laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices which are an integral part of the facilities.
a business that:
Operates under a manufacturer’s license, as described
in V.T.C.A., Alcoholic Beverage Code, Chapter 62, issued by the Texas
Alcoholic Beverage Commission (“TABC”);
May operate, but is not required to operate under a brewer’s permit as described in V.T.C.A., Alcoholic Beverage Code, Chapter 12, issued by TABC;
Has a total maximum production per year of beer, malt liquor
and ale of not more than 15,000 barrels (or 465,000 standard gallons);
and
Does not produce or generate any generally obnoxious odors.
the extraction of metallic and nonmetallic minerals, including
rock crushing, screening and the accessory storage of explosives.
Typical uses include earth borrow pits, sand and gravel pit operations,
and rock and stone quarries.
an enclosed storage facility of a commercial nature containing
independent, fully enclosed bays that are leased to persons exclusively
for dead storage of their household goods or personal property.
means a single development that combines two or more mutually
supporting land uses on a single parcel or site or within a general
development plan, overlay district, or cohesive zoning plan. Land
uses shall be mixed vertically, integrating a 50/50 mix of residential
and retail.
A vehicle-mounted food establishment that is readily moveable.
a structure that was constructed before June 15, 1976, or
one constructed after this date that does not meet 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 forty (40) body feet or more in length, or,
when erected on-site, is three hundred and twenty (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.
a single-family or duplex residential structure temporarily
used for the display and sale of new residences within the subdivision
or development in which the residential structure is located. A model
home shall not be used as a construction office.
a building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
a building or place arranged, designed, used or intended
to be used for the primary purpose of dispensing gasoline, oil, diesel
fuel, liquefied petroleum gases, greases, batteries, and other minor
automobile accessories at retail direct to the motor vehicle trade
and where other services to motor vehicles can be rendered such as
the following: sales and servicing of spark plugs and other ignition
parts; tire repair and servicing, but no recapping; replacement of
mufflers and tailpipes, water hose, fan belts, brake fluid, light
bulbs, floor mats, wiper blades and arms for windshields, radiator
cleaning and flushing; washing and polishing; greasing and lubrication;
air cleaners; adjusting brakes, tuning engines; air conditioner service;
wheel balancing and alignment; provided, however, that the above automotive
services are considered vehicle maintenance and replacement services
and shall never be construed to include any major overhaul; the removal
and/or rebuilding of an engine, cylinder head, transmission, differential,
radiator, springs, or axles; steam cleaning; body or frame work; painting;
upholstering; or replacement of glass. This use may include the incidental
sale of meats, fruits, vegetables, bakery products, dairy products,
personal care items, cleaning products and similar household items
to a localized or neighborhood market, for off-premises consumption,
provided that in no case shall the floor area devoted to such sales
exceed 2,400 square feet.
any building or portion thereof which is designed, built,
rented, leased or let to be occupied as three (3) or more dwelling
units or apartments or which is occupied as a home or residence of
three or more families.
an institution for the collection, display and distribution
of books and objects of art, or science and sponsored by a public
or quasi-public agency and open to the general public.
an establishment operated as a place of entertainment, characterized
by any of the following as a principal use of the establishment:
Live, recorded or televised entertainment, including but not
limited to performances by magicians, musicians or comedians;
Dancing; or
Any combination of subsections (a) and (b) of this definition.
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This does not include theaters, auditoriums and stadiums with
fixed row seating; private clubs; bars; teen clubs; or any establishment
defined elsewhere in this Ordinance as an adult entertainment establishment.
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any building, land, structure, or use lawfully occupied in
existence at the time of passage of this Ordinance or amendment thereto,
which does not conform after the passage of this Ordinance or amendment
there to which [sic] the regulations of the district in which it is
situated.
an establishment which furnishes, in single or multiple facilities,
food and shelter to five or more persons who are not related by blood,
marriage, or adoption to the owner or proprietor of the establishment
and, in addition, provides minor treatment under the direction and
supervision of a physician, or services which meet some need beyond
the basic provision of food, shelter and laundry.
a facility for the regular transaction of business, wherein
services are performed involving predominantly administrative, professional
or clerical operations not specifically listed elsewhere in this Ordinance.
an office or group of offices for one (1) or more physicians,
surgeons, dentists or other health care professionals to treat sick
or injured patients who do not remain overnight.
an establishment with a maximum of seventy-five percent (75%)
of its total floor area devoted to storage and warehousing not accessible
to the general public. The remaining floor area not used for storage
and warehousing shall be devoted to retail and wholesale sales areas,
sales office, and display areas for products sold and distributed
from the storage and warehousing areas.
an area on a lot that is open and unobstructed to the sky
except for the ordinary projections of cornices and eaves, and is
exclusive of driveways or parking areas.
storage in the open of vehicles, machinery or any equipment
or commodity where permitted as a primary use of land and accessory
storage in the open of commercial and industrial products where such
storage is not enclosed by a fence, wall or building.
the permitted storage of any equipment or commodity in an
open area which is enclosed by a fence or wall, as defined in this
Ordinance, or surrounded by a building so as to create an effective
visual screening of the storage from the adjacent property.
an institution for the care of orphans or other abandoned
children.
all outdoor lighting fixtures exceeding six hundred (600)
lumens per fixture, regardless of the number of bulbs, that are not
shielded so that the luminous elements of the fixture are visible
from any other property.
the holder of fee simple interest in real property.
includes the manufacture of pulp, paper, paperboard, converted
paper and paperboard products, paperboard containers and boxes, building
paper and building board.
a lot defined herein.
an open recreation facility or park owned and operated by
a public agency such as the City or school district and available
to the general public or operated by an approved homeowners’
association for the benefit of a specifically defined area of the
City.
a premises providing a paved, ground-level, open space area,
used solely for the parking of motor vehicles, and where such parking
is allowed with or without payment of a fee, contract or other form
of remuneration.
an area enclosed or unenclosed containing not less than two
hundred (200) square feet exclusive of the driveways connecting said
space with a street or alley. Said parking space and connecting driveway
shall be durably surfaced and so arranged to permit satisfactory ingress
and egress of an automobile.
a building or structure consisting of one or more levels,
above or below grade, available for the parking of motor vehicles,
with or without payment of a fee, contract or other form of remuneration.
a building or premises, other than a bank, savings and loan
or mortgage banking company, used for the business of lending money
on the security of pledged goods, or for the business of the purchase
of tangible personal property on condition that it may be redeemed
or repurchased by the seller for a certain price within a certain
period of time, and licensed by the State to conduct such a business.
an establishment primarily engaged in the provision of informational,
instructional, personal improvement and similar services of a nonprofessional
nature. Typical uses include, but are not limited to, portrait shops,
photography studios, artists’ studios, art and music schools,
driving schools, handicraft or hobby instruction and counseling and
referral services.
a place for the display and sale of small animals and birds
as pets, such as dogs, cats, parakeets or canaries, but not involving
the boarding or treating of dogs or similar pets.
includes the refining of petroleum and the manufacturing
of paving and roofing materials; lubricating oils and greases and
other petroleum and coal products.
any establishment that performs any type of body piercing.
the Nolanville City Planning and Zoning Commission also referred
to as “Planning and Zoning Commission.”
an establishment primarily engaged in selling trees, shrubs,
other plants, seeds, bulbs, mulches, soil conditioners, fertilizers,
pesticides, garden tools and other garden supplies to the general
public. These establishments primarily sell products purchased from
others, but may sell some plants that they grow themselves.
a secondary structure on a lot with a swimming pool, excluding
separate utility services or meters, and intended for temporary recreation
use and not used as a permanent occupancy.
a commercial facility for the hatching and raising of domestic
fowl, including a research facility for such activity.
includes blast furnaces, steel works and the rolling and
finishing of ferrous metals; iron and steel foundries; primary smelting
and refining of nonferrous metals and alloys, rolling, drawing and
extruding of nonferrous metals; and nonferrous foundries.
see main use.
includes the manufacturing of engineering, laboratory and
scientific and research instruments and associated equipment; instruments
for measuring, controlling, and indicating physical characteristics;
optical instruments and lenses; surgical, medical, and dental instruments
and supplies; ophthalmic goods; photographic equipment and supplies;
and watches, clocks, clockwork-operated devices and parts.
a facility or area for providing health services primarily
for inpatient medical care for alcoholic, narcotic, or psychopathic
patients, and which may include related facilities such as laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices that are an integral part of the facilities. This
includes a substance abuse and rehabilitation facility.
facilities such as office buildings, maintenance yards and
shops required by branches of local, state or federal government for
service to an area, such as a transportation department yard, City
service center or agricultural experiment station.
a facility utilized by a health unit primarily for providing
public health services, including related facilities.
an indoor or outdoor facility for the recreational or competitive
racing of horses, canines, or motor vehicles, including the necessary
accessory uses such as retail sales, automobile maintenance, veterinarian
supplies and shops, exercise areas and stables.
a facility used for the production and transmission of programming
by radio or television to the general public. Included are commercial,
religious, educational and other stations.
structures supporting antennae for transmitting or receiving
any portion of the radio spectrum, but excluding noncommercial antennae
installations for home use of radio or television.
a radio tower located on a residential property which is
for home use, only, and which is not taller than fifteen (15) feet
above the maximum building height allowed in the district.
a siding for spotting and unloading or loading boxcars or
other railroad cars, and which area is connected to a public street
by a drive for access.
railroad track or track right-of-way, but not including railroad
stations, sidings, team tracks, loading facilities, docks, yards or
maintenance areas.
a building, park or recreation area, the use of which is
restricted to private membership such as by a church, neighborhood
association, fraternal or social organization, and which may contain
the normal active and passive facilities as provided in a park or
playground, or public recreation facility.
a facility or area sponsored by a public entity and devoted
to sports, entertainment, games of skill or recreations to the general
public. This may include swimming pools, tennis courts, playgrounds,
community clubhouses, park facilities and other similar uses.
a small collection facility where presorted, nonbiodegradable
and nonhazardous recyclable materials are purchased or accepted from
the public. Typical uses include, but are not limited to, neighborhood
recycling stations and thrift or charitable store collection trucks.
the use of a portable building or other temporary facilities
for the retail sale of food and beverages in a ready-to-consume state.
This use may be a principal use or an accessory use to a principal
use located on the premises.
an establishment engaged in the repair of trucks, buses,
agricultural equipment, construction equipment or other heavy equipment.
an establishment engaged in the repair of personal apparel
and household appliances, furniture, and similar items, excluding
repair of motor vehicles. Typical uses include, but are not limited
to, apparel repair and alterations, small appliance repair, bicycle
repair, lawn mower repair, clock and watch repair, and shoe repair
shops.
a land use for living quarters for one of [or] more families.
an establishment where the principal business is the sale
of food and beverages in a ready-to-consume state and that provides
service exclusively to customers in motor vehicles.
an establishment where the principal business is the sale
of food and beverages in a ready-to-consume state and where the design
or method of operation includes any service to a customer in a motor
vehicle, other than an establishment classified as a drive-in restaurant.
an establishment where the principal business is the sale
of food and beverages in a ready-to-consume state and where the design
or principal method of operation includes one or more of the following:
A sit-down restaurant where customers, normally provided with
an individual menu, are generally served in non-disposable containers
by a restaurant employee at the same table or counter at which such
items are consumed.
A cafeteria or cafeteria type operation where foods and beverages
generally are served in non-disposable containers and consumed within
the restaurant building.
A small specialty restaurant having floor area exclusively within
a shopping center, sharing common parking facilities with other businesses
within the center, and having access to a common interior pedestrian
accessway within the center.
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This use may include takeout service, but includes [excludes]
any service to a customer in a motor vehicle.
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a retail establishment that does not fit the definition of
any other land use classification and that does not entail any outdoors
sales, service, display, storage or other activity. Typical uses include,
but are not limited to, apparel and accessory stores, camera and photographic
supply stores, clothing rental stores, consumer electronics stores,
gift, novelty and souvenir shops, luggage and leather goods stores,
jewelry stores, music stores and videotape rental stores.
a retail establishment that does not fit the definition of
any other land use classification and that entails some outdoors sales,
service, display, storage or other activity. Typical uses include,
but are not limited to, boat dealers, hot tub dealers, recreational
vehicle dealers and monument sales.
an establishment primarily occupied by a single tenant retail
use that may include secondary accessory uses enclosed in a single
building. Primary retail uses may include, but are not limited to,
supermarkets, department stores, home improvement centers, discount
centers and automotive sales and service. Secondary accessory uses
may include, but are not limited to, banks, video rental, restaurant,
fast food, garden centers and automotive service uses.
a residential facility principally designed for persons fifty-five
(55) years of age or older. Dwelling units may include full kitchen
facilities, and recreational, social, nursing or other services may
be available. This does not include a nursing or convalescent home.
includes the reclaiming of rubber and the manufacture of
tires and inner tubes; rubber footwear; plastic products; and other
fabricated rubber products.
a retail sales operation limited to Christmas tree sales
from Thanksgiving Day through the day after Christmas Day and pumpkin
sales during the months of October and November.
a mobile office trailer used while model homes are being
constructed.
the dish and its structural elements that is commonly used
in the reception of television signals from orbiting satellites.
a school and customary accessory uses under the sponsorship
of a public or religious agency having a curriculum generally equivalent
to public, elementary or secondary schools, but not including private,
trade or commercial schools.
a business operating for profit and offering instruction
and training in a service or art, such as a secretarial school, barber
college, commercial art school; or offering instruction and training
in a trade such as welding, bricklaying, machinery operation and other
similar manual trades. This does not include truck or heavy equipment
driving schools.
an establishment primarily engaged in the retail sale of
previously owned merchandise. Typical uses include, but are not limited
to, consignment shops and pawnshops.
any facility 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 not include facilities where heavy automobile
maintenance activities such as engine overhauls, automobile painting,
and body or fender work are conducted.
the establishment of an adult arcade, adult bookstore or
adult video store, adult cabaret, adult motel, adult motion picture
theater, adult theater, escort agency, nude model studio or sexual
encounter center, as such terms are defined in SECTION 610.4, Special
Use Conditions, Sexually Oriented Business.
any word, lettering, part of letters, figures, numeral[,]
phrases, sentences, emblems, devices, designs, pictures, trade names
or trademarks be [by] which anything is made known, such as are used
to designate an individual, a firm, an association, a corporation,
a profession, a business, a service, a commodity or product, which
are visible from any public street or right-of-way and designed to
attract attention. “For Sale,” and “For Rent”
shall be deemed signs within the meaning of this definition, but the
term “sign” shall not include the flag, pennant, or insignia
of any nation, State, City, or other political, educational, charitable,
philanthropic, civic, professional, religious, or like campaign, drive,
movement, or event use [used] for a public purpose in the public interest.
the net geometric area of the surface of the sign upon, against,
or through which the message is displayed or illustrated, including
the outward extremities of all letters, figures, characters, and delineations,
provided that only one face of a double-faced sign shall be included
in the computation of display surface area.
a sign designed to give forth any artificial light, or designed
to reflect light from one or more sources, natural or artificial.
a sign erected of [on] the face or outside wall of a building
which projects out at an angle therefrom.
signs of temporary nature used to advertise the premises
for sale, rent, or lease.
a dwelling unit on a separately owned lot which is joined
to another dwelling unit on one or more sides by a party wall or abutting
separate walls and occupied by not more than one family.
a detached building having a single dwelling unit and occupied
by not more than one family.
a dwelling unit on a separately owned lot on which one wall
of the principal dwelling is located within one foot of the side property
line of an adjacent residential lot, and the other side yard meets
or exceeds the minimum required side yard for the district.
an event or gathering open to the public in areas or venues
not specifically designated for that purpose and which requires a
temporary exception to otherwise applicable rules or requirements
specifically including, but not limited to:
Carnival;
Festival;
Circus;
Race or Rally;
Parade;
Seasonal sales;
Fairgrounds;
Exhibition Area;
Concert; and
Any event or gathering that requires:
The temporary complete or partial closure of a public street;
The temporary closure or restriction of access to public property;
The temporary offer of merchandise, food, or beverages on public
property or on private property where not otherwise permitted by the
Code or the applicable certificate of occupancy;
The temporary erection of a tent on public property or on private
property where not otherwise permitted by the Code or the applicable
certificate of occupancy;
The temporary erection of a stage, band shell, portable building,
grandstand, or bleachers on public property or on private property
where not otherwise permitted by the Code or the applicable certificate
of occupancy;
The temporary use, for other than storage, of a trailer or van
on public property or on private property where not otherwise permitted
by the Code or the applicable certificate of occupancy;
The temporary use of equipment to amplify and transmit sound,
which exceeds ambient (background) sound pressure levels at the property
lines; or
The placement of portable toilets on public property or on private
property where not otherwise permitted by the Code or the applicable
certificate of occupancy.
a land use that, because of its unique nature, is compatible
with the permitted land uses in a given zoning district only under
certain conditions. Such conditions include a determination that the
external effects of the special use in relation to the existing and
planned uses of adjoin [adjoining] property and the neighborhood can
be mitigated through imposition of additional standards and conditions.
A Special Use requires a Special Use Permit.
a facility housing horses or mules which are boarded or rented
to the public or any stable other than a private stable; but not including
a sales barn, auction, or similar trading activity.
a facility or area for keeping horses, mules or other domestic
animals for the private use of the property owner.
an athletic field or stadium owned and operated by a public
agency for the general public including a baseball field, football
field or stadium.
includes the manufacturing of glass; flat glass and glassware;
cement; structural clay products; pottery and related products; concrete,
gypsum and plaster products; cut stone and stone products; and abrasive,
asbestos and other nonmetallic mineral products.
that portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it; or it there is no floor above it, then the space between
the floor and the ceiling next above it.
privately owned and maintained right-of-way which provides
the primary public access point to abutting property and is used primarily
for vehicular circulation.
a public right-of-way more than thirty (30) feet in width
which provides the primary public: of access to abutting property
and used primarily for vehicular circulation.
any change in the supporting members of building, such as
bearing walls or partitions, columns, beams or girders, or any complete
rebuilding of the roof or the exterior walls.
a building or anything constructed or erected, the use of
which requires permanent location on the ground or attachment to something
having a permanent location on the ground, including, but without
limiting the general inclusiveness of the foregoing, advertising signs,
billboards, poster boards, large vending machines employees walk inside
to restock, and pergolas.
A material made of portland cement, sand, and water; three
coats for 7/8" thickness applied by hand or machine to a solid base
such as masonry, concrete walls, or metal lath attached to frame construction,
solid masonry, or concrete construction; a vapor-permeable, water-resistant
building paper separates the plaster and lath from water-sensitive
sheathing or framing; coloration shall be integral to the masonry
material and shall not be painted on.
a building or rooms in a building used for the instructing,
coaching or counseling in drama, speech, dance or similar personal
skills or arts.
a retail establishment with 6,000 square feet of floor area
or more that primarily offers for sale: meats, fruits, vegetables,
bakery products, dairy products, personal care items, cleaning products
and similar household items for off-premises consumption.
a swimming pool constructed and maintained for the exclusive
use of residents and their nonpaying guests.
an establishment or facility in which tattooing is performed.
a site used for telephone exchange, switching, relay and
transmitting equipment, but not including public business facility,
storage or repair facilities.
an outside tennis court with elevated lighting for nighttime
play.
an outside tennis court without elevated lighting for nighttime
play.
includes the manufacturing of woven fabrics, knit goods,
rugs, carpets, yarns, and threads, and other textile goods; and the
dyeing and finishing of textiles.
a facility with fixed seats for the viewing of movies or
live presentations of musicians or other performing artists.
the part of the Comprehensive Plan referring to transportation
development goals, principles, and standards; also includes use of
the words “Major Street Plan” and “Trafficways Plan”
or “Circulation Plan.”
includes the manufacturing of cigarettes, cigars, chewing
and smoking tobacco, snuff; tobacco stemming and redrying.
a group of attached, semi-detached, or detached buildings
containing individuals [individual] sleeping or living units, designed
for or used temporarily by automobile tourist[s], or transients, with
garage attached or parking space conveniently located to each unit,
and offering to the public daily as well as for other long-term rental
rates, and maintaining a register of guest[s] and/or their vehicles.
one of a series of single-family dwelling units which are
either structurally connected, or which are constructed immediately
adjacent to each other without side yards between the dwelling units.
The terms “Townhome” and “Row House” are similarly
defined and may be used interchangeably.
two or more Townhouses constructed as an integral part of
a Townhouse project.
one or more Townhouse groups, together with commonly owned
structures or areas.
one or more Townhouse Projects.
any structure used for living, sleeping, business, or storage
purposes, having no foundation other than wheels, blocks, skids, jacks,
horses, or skirting and which is, has been, or reasonably may be equipped
with wheels or other devices for transporting the structure from place
to place, whether by motive power or other means. The term “trailer”
shall include recreational vehicle, when used for any purpose stated
above. For the purposes of this Ordinance a trailer is a single-family
dwelling and shall conform to all regulations therefor when not located
in a trailer camp as herein defined.
the use of land, including easements on property primarily
used for other purposes, for the conveyance of hazardous material
through transmission pipelines, but specifically excluding the distribution
lines of a local natural gas utility.
any lot upon which two or more travel trailer or other recreational
vehicle sites are located[,] established or maintained for occupancy
by recreational vehicles of the general public as temporary living
quarters for recreation or vacation purposes. The area is intended
for use on a short-term basis by campers, vacationers, and travelers.
a type of vocational school where education is provided behind
the wheel of trucks or heavy equipment.
a detached building having two dwelling units and occupied
by not more than two families.
any use other than a one- or two-family residence, or a rooming
house or boardinghouse, and their bona fide accessory uses.
a one- or two-family residence, or a rooming house or boardinghouse,
together with bona fide accessory uses.
includes such uses as electrical substations, wastewater
treatment plants, elevated water storage and water treatment plants.
includes local utilities such as electric power, telephone,
gas, water, sewer, and air monitoring stations. It also includes in-line
facilities such as gas regulating stations and water wells or pumping
stations; sewage pumping stations; telephone exchange, switching and
transmitting equipment; and electrical transmission lines operated
by a municipality or a franchised utility company. It does not include
major utility facilities.
an establishment, not classified in any other land use category,
engaged in the retail or wholesale sale or rental, from the premises,
of motorized vehicles, other than automobiles, or equipment. Typical
uses include, but are not limited to, boat and motorcycle dealers,
construction equipment rental yards, farm equipment and machinery
sales and rental, mobile homes sales, manufactured home sales, moving
trailer rental, recreational vehicle and travel trailer sales or rental,
and truck or bus sales or rental.
a facility for the diagnosis and treatment of animals, without
an overnight stay.
a building or group of buildings providing enclosed shelter
and protection for commodities stored therein. No open or unenclosed
storage shall be classified as a warehouse.
any establishment which derives the majority of its gross
revenue from the sale of wine to the general public for off-premises
personal or household consumption and rendering services incidental
to the sale of such goods.
a yard or building where automobiles, machinery, appliances
or other used commodities and equipment are stored, dismantled, and/or
offered for sale as whole units or as salvaged parts.
an open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the grown [ground]
upward, except as otherwise provided herein. In measuring a yard for
the purpose of determining the width of a side yard, the depth of
a front yard, or the depth of a rear yard, the horizontal distance
between the lot line and the main building shall be used.
a yard facing and abutting a street and extending across
the front of the lot between the side lot lines and having a minimum
horizontal depth measured from the street equal to the depth of the
minimum front yard specified for the district in which the lot is
located. The required front yard line represents the line in front
of which no building or structure may be erected.
a yard extending across the rear of the lot between side
lot lines and having a minimum depth measured from the rear lot line
as specified for the district in which the lot is located.
a yard located on a lot and extending from the required front
yard to the required rear yard and having a minimum width measured
from the side lot line as specified for the district in which the
lot is located. Any lot line which is not a rear or front line shall
be deemed a side lot line.
the Nolanville City Zoning Board of Adjustment, also referred
to as “Zoning Board of Adjustment.”
the official, certified map upon which the boundaries of
the various zoning districts are shown and which are an integral part
of this Ordinance and, together with the zoning text in this Ordinance,
make up the Zoning Ordinance for the City.
(Ordinance 6051-12 adopted 5/17/12; Ordinance Z19-08 #1 adopted 8/18/19)
