Agricultural use, commercial.
A tract of land for which the primary purpose is the growing
of farm products, vegetables, fruit, trees, or grain for wholesale
or retail distribution, and may include facilities to process, store,
wrap, and ship such items for market for commercial gain. An office
or residence may be sited on the tract, but its use is secondary to
the raising, growing, production, and distribution of the product
or products for which the farm or ranch is engaged.
Agricultural use, private.
An area of land for which the growing of farm products, vegetables,
fruit, trees, and grain and for the raising thereon of poultry or
farm animals such as horses, chicken, cattle, goats, and sheep is
a secondary or incidental use to the residence. This definition excludes
the commercial feeding of offal or garbage to swine or other animals
and excludes any type of agriculture or husbandry specifically prohibited
by ordinance or law. This definition also excludes any corporate farm
or production facility, professional ranch, stable, garden, or orchard,
as defined above.
Airport, heliport, or landing field.
A facility designed for the landing and take-off of fixed wing or rotary aircraft usually equipped with hangars, facilities for refueling and repair, and various accommodations for pilots and passengers. (See section
14.03.301(1), airport/helipad/heliport for regulations)
Alcohol sales.
All of the following land uses with the sale (both on-premises and off-premises) and/or consumption of alcoholic beverages. All businesses and entities must adhere to the requirements of the Texas Alcoholic Beverage Code, as it exists or may be amended and any local option elections. See section
14.03.401, permanent land uses with specific conditions prior to issuance of a building permit, alcohol sales for additional regulations.
(1)
Alcoholic beverage sales.
Any establishment, place of business, or person engaged in
the selling of alcoholic beverages, as defined in the Texas Alcoholic
Beverage Code, as amended, to the general public for off-premises
personal or household consumption.
(2)
Bar.
Any establishment that derives seventy-five (75) percent
or more of its gross revenue on a quarterly basis from the sale or
service of alcoholic beverages, as defined in the Texas Alcoholic
Beverage Code, as amended, for on-premises consumption.
(3)
Brewery.
An establishment holding a "brewer's license" or a "brewer's
self distribution license" issued by the Texas Alcoholic Beverage
Commission in accordance with the Texas Alcoholic Beverage Code, as
amended.
(4)
Brewpub.
An establishment holding a "brewpub license" issued by the
Texas Alcoholic Beverage Commission in accordance with the Texas Alcoholic
Beverage Code, as amended, permitting the license holder to manufacture,
brew, bottle, can, package, and label malt liquor, ale and beer; sell
or offer without charge, on the premises of the brewpub, to ultimate
consumers for consumption on or off those premises, malt liquor, ale
or beer produced by the license holder, in or from a lawful container,
to the extent the sales or offers are allowed under the license holder’s
other permits or licenses; which license holder must also hold with
another TABC permit or license authorizing on-premises consumption.
Total production of malt liquor, ale and beer cannot exceed 10,000
barrels for each licensed brewpub.
(5)
Distillery.
An establishment holding a "distiller's and rectifiers permit"
issued by the Texas Alcoholic Beverage Commission in accordance with
the Texas Alcoholic Beverage Code, as amended.
(6)
Winery.
An establishment holding a "winery permit" issued by the
Texas Alcoholic Beverage Commission in accordance with the Texas Alcoholic
Beverage Code, as amended.
Alternative energy systems.
(1)
Solar devices and systems.
A solar panel or device is a structure that is intended to capture the light from the sun and transfer that energy to electricity for general use. (See section
14.03.401(2), alternative energy source - Solar for regulations)
(2)
Wind energy conversion system (WECS).
Any mechanical device, such as a wind charger, windmill, or wind turbine, which is designed to extract kinetic energy from the wind and converts or stores it for practical use or a form of usable energy. (see section
14.03.401(3), alternative energy source - wind for regulations)
Alternative financial services.
A check cashing business, payday advance or loan business, money transfer business, or car title loan business. (See section
14.03.301(3), alternative financial services for regulations)
(1)
Bank, savings and loan or credit union.
An establishment, open to the public, for the deposit, custody,
loan, exchange or issue of money, the extension of credit, and/or
facilitating the transmission of funds and that is typically licensed
by the appropriate state or federal agency as a bank, savings and
loan association, or credit union. This includes businesses’
activities listed under SIC codes 60 and 61, but excludes check cashing
businesses, payday advance/loan businesses and car title loan businesses.
(2)
Car title and loan services.
An establishment that makes small consumer loans that leverage
the equity value of a car or other vehicle as collateral where the
title to such vehicle is owned free and clear by the loan applicant
and any existing liens on the car or vehicle cancel the application.
The loan terms are often for 30 days and failure to repay the loan
or make interest payments to extend the loan allows the lender to
take possession of the car or vehicle. This excludes state or federally
chartered banks, savings and loan associations or credit unions engaged
primarily in the business of making longer term loans and which make
loans that leverage the total equity value of a car or vehicle as
collateral.
(3)
Check cashing business.
An establishment that provides to the customer an amount
of money that is equal to the face of the check or the amount specified
in the written authorization for an electronic transfer of money,
less any fee charged for the transaction, and where there is an agreement
not to cash the check or execute an electronic transfer of money for
a specified period of time, the business of cashing checks, warrants,
drafts, money orders, or other commercial paper serving the same purpose
for compensation by any person or entity other than a retail seller
engaged primarily in the business of selling consumer goods, including
consumables to retail buyers, that cashes checks or money orders or
issues money orders or money transfers for a minimum flat fee as a
service that is incidental to its main purpose or business. This definition
excludes a state or federally chartered bank, savings and loan association
or credit union, grocery store or gas station, so long as the gas
station does not handle more than 100 such transactions within any
calendar month.
(4)
Payday advance or loan business.
An establishment that makes small consumer loans, usually
backed by postdated check or authorization to make an electronic debt
against an existing financial account, where the check or debit is
held for an agreed-upon term, or until an applicant’s next payday,
and then cashed unless the customer repays the loan to reclaim such
person’s check.
Alternative retail services.
Any shop or store that sells items or services that may be considered to be not in the best interest of the public health, safety, morals, and general welfare. (See section
14.03.301(4), alternate retail services for regulations)
(1)
Body art studio.
A business establishment whose primary service includes providing
tattooing and/or body piercing. Tattooing shall mean the placing of
designs, letters, figures, symbols or other marks upon or under the
skin of any person, using ink or other substances that result in the
permanent coloration of the skin by means of the use of needles or
other instruments designed to contact or puncture the skin. Body piercing
shall mean the creation of an opening in an individual’s body,
other than ear piercing, to insert jewelry or other decoration. This
definition does not include secondary uses that are subordinate to
the primary land use, nor does it include micro-blading or permanent
make-up for cosmetic purposes, such as eyelids, eyebrows, or lips.
(2)
Cannabidiol shop (CBD shop).
A business establishment for which more than fifty percent
(50%) of sales are derived from the retail sale of products related
to or derived from CBD oil (cannabidiol) or hemp. This includes, but
is not limited to, oils, vitamins, supplements, food, personal care,
and garments.
(3)
Cigar shop.
A business establishment in which cigars are bought, stored,
and/or consumed.
(4)
Head shop.
A business establishment that sells paraphernalia that supports
the ingestion, inhalation, or consumption of illegal drug products.
(5)
Hookah shop.
A business establishment that sells devices designed for
the on-site consumption of tobacco, cigarette, and nicotine-enriched
products that may induce an altered state.
(6)
Smoke shop.
A business establishment that sells tobacco or electronic
cigarette/vaping products and their associated paraphernalia other
than cigars.
Amenity center.
A recreational facility, including, but not limited to, clubhouse,
swimming pool, play area, operated for the exclusive use of private
residents or neighborhood groups and their guests, and not the general
public.
Animal shelter.
A public or private facility for the enclosure of animals,
especially stray, abandoned or unlicensed pets, with the intention
of animal adoption.
Arcade.
An establishment or public area containing mechanical or
electronic games of chance, such as pinball, skeeball, or video games
that are appropriate to be played by a customer of any age for a fee
or token. See also “commercial amusement, indoor.”
Assembly uses, churches and houses of worship.
A building or structure for the gathering together of persons
for purposes religious functions, including but not limited to churches,
synagogues, and mosques. For the purpose of this zoning ordinance,
Bible study and other similar educational or day care activities that
occur in a person’s primary residence shall be excluded from
this definition.
Assembly uses, other.
A building or structure for the gathering together of persons
for purposes of civic, social, or educational functions, including
but not limited to event centers, convention centers, fraternal lodges,
Elks, Masons, labor unions, and other meeting places of like-minded
people for a particular function.
Athletic stadium or field.
A field and/or structure owned and operated by the city and/or
a local independent school district used for sporting events with
associated spectator seating. The stadium may include other accessory
buildings such as offices, food service or catering facility, and
dressing rooms/showers.
Automobile uses.
For the purposes of this ordinance, the word “automobile”
shall encompass autos, pick-up or “light load” trucks,
passenger vans, or any other vehicle that is self-propelled, other
than boats and motorcycles.
(1)
Automobile repair, major.
A building or portion thereof whose principal use is for
the repair, servicing, equipping, or maintenance of motor vehicles
or motor vehicle components, including engines, radiators, starters,
transmissions, brakes, tires and wheels, seats and similar components
that may require overnight outdoor storage of vehicles awaiting or
under repair, if screened in compliance with all applicable regulations.
General repair or reconditioning of engines, air-conditioning systems,
and transmissions for automobiles; wrecker or towing service with
on-site storage of vehicles; collision services including body, frame,
or fender straightening or repair; customizing; painting; vehicle
steam cleaning; tire retreading; insurance estimations with on-site
storage; undercoating and rust proofing, and other similar uses.
(2)
Automobile repair, minor.
A daytime retail operation wherein the sale, installation,
and/or inspection of tires, batteries, brakes, and other related minor
parts or accessories is carried on; specifically intended to exclude
major automotive repair and overnight outdoor storage of vehicles
awaiting or under repair.
(4)
Automobile sales, new.
Retail sales or leasing of new automobiles, light load vehicles,
or boats and may include used automobile sales, repair, and storage
as a secondary use within this definition.
(6)
Automobile and RV storage.
The storage on a lot or tract of operable motor vehicles
for holding such vehicles for sale, distribution, or storage.
(8)
Automobile parking lot.
An off-street, ground level area paved in accordance with
the city parking lot standards, for the short- or long-term storage
of motor vehicles.
(9)
Automobile wash, full service.
A facility where a customer may have vehicles washed in exchange
for financial remuneration. This definition generally includes detailing
of the vehicle and may include other services, such as leather or
upholstery cleaning.
(10)
Automobile wash, secondary use.
A facility for the washing of motor vehicles, including a
self-service operation, operated in conjunction with another primary
use, such as a fueling station or convenience store.
Bank, savings and loan, or credit union.
An establishment for the custody, loan, exchange, or issue
of money, the extension of credit, or facilitating the transmission
of funds and not to be considered the same as “alternate financial
services.”
Batch plant, permanent.
A permanent manufacturing facility for the production of
concrete or asphalt and includes the storage of those elements that
make up concrete and asphalt.
Batch plant, temporary.
A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and which is removed when the project is completed. Following removal, the tract shall be returned to its previous condition. (see section
14.03.501(1), batch plants, temporary for regulations)
Building material and hardware sales, major.
An establishment for the sale of materials customarily used
in the construction of buildings and other structures, including outside
storage or display of materials or merchandise and may include the
rental of construction tools, vehicles, or heavy equipment.
Building material and hardware sales, minor.
An establishment for the sale of materials customarily used
in the construction of buildings and other structures, without any
outside storage or display of materials or merchandise.
Campground or RV park.
Any area that is designed for occupancy by transients using
tents, mobile trailers, or recreational vehicles for temporary sleeping
purposes. A tract of land on which two (2) or more campsites are located,
established, or maintained as temporary living quarters for recreation,
education or vacation purposes.
Caretaker’s or guard’s residence.
A residence located on premises with a main nonresidential
use and occupied only by a caretaker or guard, and his/her family,
employed on the premises.
Carnival or circus.
A traveling show or exhibition, sometimes housed in tents
that has no permanent structure or installation and may include restaurants
and retail shops incidental to the use.
Catering, commissary.
A facility that is the home-base for restaurant-equipped
vehicles that serve as mobile food vendors. The commissary also is
also used for the storage and partial production of food items that
are delivered to customers by the mobile food vendor away from the
commissary location itself.
Cemetery.
A cemetery is a place designed for the burial of the dead.
Child care.
The following land uses refer to childcare uses and are subject
to the regulations of the State of Texas Department of Family and
Protective Services (DFPS). For the purposes of this zoning ordinance,
“child care” also includes adult day care.
(1)
Child care center, primary use.
A facility that is licensed to care for children at a location
other than the permit holder’s primary residence and includes
pre-school educational centers, such as Montessori or other educational
childcare.
(2)
Child care center, secondary use.
A place designed for the care of children belonging to employees
and/or patrons of the primary use, whether it be commercial, religious,
or not-for-profit. The center or space shall be completely contained
within the primary use, such as a fitness center, office complex,
or other facility that provides childcare for its employees or patrons.
Clinic, animal (no outside runs).
An animal medical facility designed for immediate and short
term care (i.e. not requiring the animal to be boarded or kept within
the facility overnight), for diagnosis and treatment of household
pets including, but not limited to, dogs, cats, and birds.
Clinic, emergency care facility.
A public or private, profit or nonprofit facility for the
reception and treatment of outpatients who are physically or mentally
ill, injured, handicapped, or otherwise in need of diagnosis, treatment,
and care.
Clinic, medical lab.
Offices for one or more physicians, surgeons, or dentists
engaged in conduct the testing of blood and other tissue samples for
the purpose of diagnosis of diseases or creating medical-related devices/equipment.
Collection site.
A collection site is a weatherproof structure, including,
but not limited to, an empty semi-trailer container, that is manned
at specific hours for the collection of used items.
College, university, or trade school.
An institution established for educational purposes offering
courses for study beyond the secondary education level, including
trade schools and commercial schools offering training or instruction
in a trade, art, or occupation.
Commercial amusement, indoor.
A facility providing for indoor recreational activities,
services, amusements, and instruction, usually for an admission fee.
Uses may include, but are not limited to, bowling alleys, ice or roller-skating
rinks, bingo parlors, amusement arcades, or practice areas.
Commercial amusement, outdoor.
A facility providing for outdoor recreational activities,
services, amusements, and instruction for an admission fee, including,
but not limited to, batting cages, miniature golf, go-kart tracks,
and carnivals.
Communications antenna.
An instrument or device designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. (See sections
14.03.301(5), communications antenna towers - residential and 14.03.401(4), communications antenna towers - non-residential for regulations)
Communications antenna support structure.
Any tower, mast, pole, tripod, box frame, or other structure
utilized for the purpose of transmission, retransmission, and/or reception
of electromagnetic, radio, television, or microwave signals and used
for commercial broadcasting or telecommunication purposes. This definition
shall also include a satellite dish exceeding twelve (12) feet in
diameter and a microwave-transmitting tower. All radiating equipment
must comply with Federal Communications Commission (FCC), Environmental
Protection Agency (EPA), Occupational Health and Safety Administration
(OSHA), and all other applicable State and Federal regulatory agency
requirements and guidelines for human safety, as they exist or may
be amended. Definition includes ancillary ground equipment.
Construction yard, field office, temporary.
A building, structure, or storage/assembly yard used in conjunction with a development project for housing temporary supervisory or administrative functions related to development, construction, or the sale of real estate properties within the development and subject to removal at completion of construction. A facility used for the temporary office and material storage in connection with a project under construction or remodel. (See section
14.03.501(2), construction yard and field office, temporary for regulations)
Donation bin/collection site.
An unmanned, freestanding structure that is designed to receive certain goods that include, but are not limited to, recycling items, clothing and household items, library books and donations, that may be located outside of or separate from the primary structure. (see section
14.03.401(5), donation bins/collection sites for regulations)
Dwelling.
Any building or portion thereof, which is designed or used
as living quarters for one or more families, including single-family
and multifamily buildings, but not including motels, inns, or hotels.
(3)
Dwelling, duplex.
A building containing two (2) single-family dwelling units
on a single platted lot that are totally separated from each other
by an unpierced firewall from basement to roof. A detached building
arranged, intended or designed for occupancy by two families. Currently
classified as “single-family attached.”
(4)
Dwelling, factory-built home.
Any manufactured single-family mobile home constructed prior
to June 15, 1976. (See also dwelling, HUD-code manufactured home)
(5)
Dwelling, HUD-code manufactured home.
A HUD-code compliant single-family structure constructed
after June 15, 1976, designed for long-term residential use that is
constructed elsewhere and is moved from the factory or sales location
to its permanent site. (See also dwelling, factory-built home)
(6)
Dwelling, live-work.
A dwelling unit that contains, to a limited extent, a separate
commercial component with residential quarters above or behind the
commercial use.
(7)
Dwelling, mobile home.
Any manufactured single-family mobile home constructed prior to June 15, 1976. (see section
14.03.401(9), manufactured home replacement for replacement regulations.)
(8)
Dwelling, model home.
A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision. (see section
14.03.501(3), model home, temporary for regulations)
(9)
Dwelling, multifamily.
Any building or portion thereof, which is designed, built,
rented, leased, or let to be occupied as three or more dwelling units
or apartments or which is occupied as a home or place of residence
by three or more families living in independent dwelling units. Though
residential in use, it is considered a commercial development in regards
to and application of development standards and regulations. A building
containing three (3) or more dwelling units on a single lot or tract
designed to be occupied by three (3) or more families living independent
of one another.
(10)
Dwelling, patio home.
A dwelling on a separate lot with open space setbacks on
at least three sides. Currently classified as “single-family
attached.”
(12)
Dwelling, single-family, detached.
A building containing one (1) dwelling unit, not attached
to any other dwelling by any means and is surrounded by open space
or yards. A dwelling designed and constructed for occupancy by one
family and located on a lot or separate building tract and have no
physical connection to a building located on any other separate lot
or tract.
Dwelling, senior living.
The following definitions relate to those residences and
businesses that are designed to provide housing for adults primarily
over the age of 55.
(2)
Dwelling, senior living, assisted living facility.
A private facility that provides care for chronically ill,
aged, or disabled persons who need health supervision and related
care not including hospital care. Such facility is designed for older
adults who need some assistance with daily living, including but not
limited to the production and serving of meals, assistance with shopping,
management of medications, and personal grooming. Typically, the resident
occupies a room or suite of rooms and eats the majority of meals communally.
(3)
Dwelling, senior living, advanced care.
A facility that provides advanced nursing care, memory care,
dementia care, hospice care, or any level of care that clearly exceeds
those provided in an “assisted living” facility.
Electrical power generating plant.
All equipment, fixtures, and property operated or maintained
in connection with the production of electricity and transmission
of electricity produced.
Electrical substation.
A location for transforming electricity prior to the distribution
of electricity to individual customers.
Entertainment venue.
A location in which concerts, rodeos, sports events, or other
large-scale entertainment types can be housed (e.g. auditorium, arena,
natatorium, football stadium, etc.)
Farmers market.
An area containing individual vendors who offer fruits, vegetables,
herbs, spices, edible seeds, nuts, live plants, flowers, and honey
for sale. This definition does include the sale of meat, fish, poultry,
eggs, refrigerated dairy products, or home canned or packaged items
when the proper health rules and regulations are followed and/or health
permit obtained.
Funeral home/mortuary.
A place for the storage of human bodies prior to their burial,
or a building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial, but does not allow the cremation of human remains.
Funeral home/mortuary with crematorium.
A place for the storage of human bodies prior to their burial
or cremation, or a building used for the preparation of the deceased
for burial or cremation, where cremation occurs within the building,
with or without space for ceremonies connected therewith before burial
or cremation.
Gas pumps/fuel sales.
A retail fuel sales facility selling fuel for motor vehicles
including, but not limited to, automobiles, motorcycles, buses, or
recreational vehicles with no ancillary services such as vehicle service,
vehicle repair, or sale of items other than fuel. The fueling or gasoline
station may be attended or automated.
Golf, tennis, or country club (private).
An area containing a golf course, polo facilities, tennis
facilities, and a clubhouse and available only to private members;
such a club may contain adjunct facilities such as private club, dining
room, swimming pool, retail sales, and similar recreational or service
facilities.
Greenhouse or nursery, wholesale.
A large-scale facility or farm used for the growing of plants,
trees, shrubs, flowers, or other natural products for the wholesale
market and may include an indoor component.
Group home.
The following land uses relate to the overall category of
“group home” where several unrelated individuals live
together in a single-family residence or multifamily facility, is
licensed by the state, and is designed to provide resident services
to individuals who are physically handicapped, mentally ill, mentally
retarded, or developmentally disabled. For the purposes of this section,
mental illness and developmental disability shall not include illegal
use of or addiction to a controlled substance or other criminal behavior.
(1)
Foster family home.
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, a foster family home is
a residence whereby designated foster parents are licensed to provide
long-term care for children.
(2)
Group home.
An adult and/or child care facility, licensed by the state,
designed to provide resident services to individuals who are physically
handicapped, mentally retarded, or developmentally disabled, but does
not provide services to individuals with psychiatric, addiction, substance
abuse or who exhibit criminal behavior.
(3)
Group home, senior assisted living.
A facility located in a private residential home designed
for older adults who need or desire moderate assistance with daily
living, including but not limited to the production of meals, assistance
with shopping, management of medications, and personal grooming.
(4)
Halfway house.
A residential facility providing shelter, supervision and
residential rehabilitative services for persons who have been inmates
of any county, state or federal correctional institution and released
and require a group setting to facilitate the transition to a functional
member of society.
Gun or archery range, indoor.
Any indoor facility open to the public and occupying all
or a portion of a building where firearms are discharged or arrows
are shot for either testing or recreation purposes. Such business
shall be constructed to limit noise by installing adequate acoustic
barriers.
Gunsmith.
A retail establishment for the sale and service of firearms
and related items.
Gymnastics/dance studio/martial arts studio.
A building or portion of a building used as a place of work
for a gymnast, dancer, or martial artist or for instructional classes
in gymnastics, dance, martial arts, or similar activity.
Health/fitness center.
A facility that promotes physical fitness, weight control,
exercise, and personal improvement that may also include massage or
swimming.
Heavy machinery sales, service, and storage.
A retail or wholesale facility that sells, services, and
stores heavy machinery such as farm equipment, construction vehicles
or equipment, dredging equipment, paving equipment, etc.
Helipad.
A place, typically on the roof of a hospital or a small ground area, where helicopters may land and take off, but without any service or fueling capabilities. (See section
14.03.301(1), airport/helipad/heliport regulations for regulations)
Home occupation.
An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in section
14.03.401(6), home occupation regulations. Any activity carried out for personal gain in a dwelling unit by a resident of the premises, which occupation is secondary to the residential purpose of the premises.
Hospital.
An institution or place where sick or injured patients are
provided medical or surgical care.
Hotel.
The following land uses refer to a building or group of buildings
designed as a temporary abiding place where customary services are
provided for a fee.
(1)
Hotel, bed and breakfast.
An owner-occupied private home that offers lodging for paying guests not to exceed one week in duration, and which serves breakfast to these guests and which contains one or more guest bedrooms. (See section
14.03.401(7), hotel regulations, bed and breakfast/short term rentals for regulations)
(2)
Hotel, extended stay (also called “residence hotel”).
A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone access are provided. Residence hotel room units are designed to be suitable for long-term occupancy, with financial consideration typically being calculated on a weekly and/or monthly basis. Typical residence hotel attributes include, but are not limited to, kitchen facilities, and external doorways into room units. (See section
14.03.301(6), hotel regulations, extended stay for regulations)
(3)
Hotel, full-service.
A full service hotel is defined as a top tier hotel in terms of amenities and service provided to its clientele. (See section
14.03.401(8), hotel regulations, full-service for regulations)
(4)
Hotel, limited service.
A limited service hotel provides travelers an economical choice with fewer amenities than a full service hotel. (See section
14.03.301(7), hotel regulations, limited service for regulations)
(5)
Hotel, short-term rentals.
An owner-occupied home or unit that is listed on a web-based service for the temporary rental of the entire home/unit or certain rooms within the home/unit. (See section
14.03.401(7), hotel regulations, bed and breakfast/short term rentals for regulations)
(6)
Motel.
A facility offering short-term overnight lodging accommodations
on a daily rate to the general public and defined as having direct
access to individual guest rooms from the parking area or outside
balconies.
Kennel, indoor.
A fully air-conditioned establishment where domesticated
animals are housed, groomed, bred, boarded, trained, or sold for commercial
purposes that does not include outside pens or runs.
Kennel, outdoor.
A fully air-conditioned establishment where domesticated
animals are housed, groomed, bred, boarded, trained, or sold for commercial
purposes that includes outdoor pens or runs.
Landfill.
A place where trash and garbage may be taken to be worked
into the earth for recycling or decomposition.
Laundry/dry cleaning.
The following definitions relate to the cleaning of garments,
fabrics, rugs, uniforms, draperies or other similar items by persons
other than the owner.
(2)
Laundry/dry cleaning, pickup station.
A facility that only receives and dispenses laundry and dry
cleaning that has been processed in bulk by a commercial laundry or
dry cleaning facility located elsewhere.
(3)
Laundry/dry cleaning, self-service.
A facility for washing and/or dry cleaning garments and similar
items where typically the customer supervises and handles the cleaning
of his/her garments and items, such as a laundromat, but located at
a separate facility for a fee.
Machine/welding shop.
A facility in which materials are processed by machining,
cutting, grinding, welding, etc.
Manufactured/mobile home display and sales.
The offering for sale, storage, or display of trailers, HUD-Code
manufactured homes, or mobile homes on a parcel of land but excluding
the use of such facilities as dwellings either on a temporary or permanent
basis.
Manufacturing and industrial uses, heavy.
A facility that involves assembly and fabrication activities
with the use of machines, tools, and labor to make items for use or
sale and typically requires access to major highways and/or other
means of transporting goods such as railroad lines. May also include
warehousing, research and development, wholesaling operations with
relatively infrequent customer or client visits, and may include related
office and shipping areas. Heavy industry involves one or more characteristics
such as large and heavy products; large and heavy equipment and facilities
(such as heavy equipment, large machine tools, and spacious buildings);
or complex and numerous processes. The labor for heavy industry is
generally highly skilled. Examples of heavy industry include, but
are not limited to, steel manufacturing, automotive assembly, machine
tool design and construction, boat or aircraft manufacturing, and
power plants.
Manufacturing and industrial uses, high risk.
Any manufacturing or industrial use which is determined to
be of special health or safety hazard due to excessive and/or toxic
fumes, smoke, gas, dust, odors, noise, vibration, or danger from fire,
explosion, or radiation and involves materials meeting the “degree
of hazard-4” criteria of the International Fire Code in quantities
deemed to be hazardous by the fire chief.
Manufacturing and industrial uses, light.
A facility that involves assembly and fabrication activities
and the use of machines, tools, and labor to make items for use or
sale. May also include warehousing, research and development, and
wholesaling operations with relatively infrequent customer or client
visits, and may include related office and shipping areas. Light Industry
is often assembly-based and is typically consumer-oriented (i.e.,
most light industrial products are sold to retail stores or end users
rather than as intermediate parts for use by other industries). Light
industry will have fewer environmental impact than those associated
with heavy industry. Light industry may employ lower skilled employees
with only moderate training and often employ large numbers of people.
Light industries require a relatively low amount of raw materials,
space for assembly, and power. Examples of light industry include,
but are not limited to, plastic items, clothing, shoes, foods, beverages,
personal care products, home care products, cosmetics, drugs, furniture,
consumer electronics, and home appliances.
Mausoleum.
A mausoleum is a building with places for the entombment
of the dead that may or may not be above ground.
Media studio.
A facility where the production, editing, storage, and/or
transmittal of audio/visual media occurs, including, but not limited
to, a TV studio, a radio studio, and a production or editing facility.
Mini-warehouse/self storage.
A building containing separate, individual self-storage units
for rent or lease. The conduct of sales, business, or any activity
other than storage shall be prohibited within any individual storage
unit.
Mobile food vendor, temporary.
Any person or person who operates and sells food from a stationary cart or trailer mounted on a chassis, for a period of fifteen (15) calendar days or more per year. Stationary mobile food vendors include, but are not limited to, sno-cone stands, hot-dog carts, and ice-cream carts. Any similar facility that operates for fourteen (14) calendar days or less shall be considered a “temporary food establishment” as defined by the city health ordinance, as it exists or may be amended. (See section
14.03.501(7), seasonal sale regulations)
Motorcycle sales and service.
A facility that sells, leases, and services motorcycles,
usually defined as two-wheeled, self-propelled vehicle having one
or two saddles or seats, and may have a sidecar attached. For purposes
of this chapter, motorbikes, motor scooters, mopeds and similar vehicles
are classified as motorcycles.
Municipal uses operated by the City of Celina.
Any structure, park, open space, or roadway owned and/or
operated by the City of Celina, including but not limited to city
hall, police stations, fire stations, service centers, sanitation
plats, libraries, recreation centers, parks, and roadways.
Museum/art gallery.
A building serving as a repository for a collection of natural,
scientific, artistic, or literary objects of interest, and designed
to be used for viewing, with or without an admission charge, and which
may include as an accessory use the sale of goods.
Office, administrative, medical, or professional.
A building used for the provision of executive, management,
or administrative services. Typical uses include, but are not limited
to, administrative offices and services including real estate, property
management, investment, medical, architect, engineer, travel, secretarial
services, accounting organizations and associations, and vehicle rental
office without on-site storage of fleet vehicles.
Office, with showroom.
A building that primarily consists of sales offices and sample
display areas for products and/or services delivered or performed
off-premises. Catalog and telephone sales facilities are appropriate.
Incidental retail sales of products associated with the primary products
and/or services are included in this definition. Warehousing facilities
shall not exceed fifty percent (50%) of the total floor area. This
definition does not include contractor’s shop and storage yard.
Office, with warehouse, distribution center.
A building primarily devoted to storage, warehousing, and
distribution of goods, merchandise, supplies, and equipment. Accessory
uses may include retail and wholesale sales areas, sales offices,
and display areas for products sold and distributed from the storage
and warehousing areas. Also referred to as “flex space.”
Open storage and display, permanent.
A secondary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of automobiles, motorcycles, recreational vehicles, boats, or other watercrafts. This definition does not include temporary outside merchandise display, such as a sidewalk sale or “under eave” storage and display. (See section
14.03.301(8), open storage regulations, permanent or ongoing)
Park or playground.
An open recreation facility or park owned and operated by
a public agency such as the municipal park department or school board
and available to the general public.
Personal service.
A shop, such as tailoring, shoe repair, barbershop, therapeutic
massage facility, beauty shop, health studio, spa/salon, or travel
consultant that provides a service, but not necessarily a product,
to the customer.
Portable building sales.
A retail establishment that sells portable buildings meant
to be used as accessory uses only and not for habitation, but not
including manufactured homes.
Printing service uses.
The following definitions relate to the various businesses
that reproduce, copy, or print items on paper or other materials for
sale.
(1)
Printing, major industrial plant.
An establishment specializing in long-run printing operations
including, but not limited to, book, magazine, and newspaper publishing
using engraving, die cutting, lithography, and thermography processes.
(2)
Printing, minor retail shop.
An establishment specializing in short-run operations to
produce newsletters, flyers, resumes, maps, construction documents
and plans, and similar materials using photocopying, duplicating,
and blue printing processes. This definition shall include mailing
and shipping services, but excludes the on-site storage of heavy load
fleet vehicles.
Recycling center.
A facility which allows only the collection and separation
of materials such as aluminum, copper, brass, other metals, glass,
paper, cardboard and plastics for transportation to an off-site facility
for processing and remanufacturing into new products. All separation
and collection containers will be self-contained, transportable and
screened from public view either by a fence/wall or by being located
completely within a building or other structure. No stock piling or
staging of collected materials is allowed on site.
Regional mall.
A one or multi-storied structure containing shops either
with an air-conditioned court and walkways (such as Stonebriar Mall
or the Galleria Mall) or with outdoor walkable areas (such as Fire
Wheel Center and Fairview Town Center) designed to serve a regional
clientele.
Research and development center.
A facility for research including laboratories, experimental
equipment, and operations involving compounding or testing of materials
or equipment as well as data centers and call centers. Any facility
that is determined by the health, fire, and/or building official to
be a hazard or nuisance to adjacent property or the community at large,
due to the possible emission of excessive smoke, noise, gas, fumes,
dust, odor, or vibration, or the danger of fire, explosion, or radiation
is excluded from this definition.
Restaurant.
A building or portion of a building where food is served
for consumption, and where provisions may be made for serving food
on the premises or elsewhere.
(1)
Restaurant, dine-in.
An eating establishment where food and drink are prepared,
served, and consumed by the general public primarily within an indoor
dining area and may provide additional outdoor seating and also may
include alcoholic beverage service.
(2)
Restaurant, drive-in and drive-thru.
An eating establishment where food or drink is primarily
served to customers in temporarily parked motor vehicles or via a
drive-thru lane to customers who will be consuming the food off-premises.
These restaurants may also include indoor dining and outdoor seating
areas.
(3)
Restaurant, pick-up or delivery only.
An establishment preparing food to the general public in
which the food, once prepared, is either picked up for consumption
off premises, or is delivered to the end user by the restaurant staff
with little or no on-site dining.
Salvage yard, junk yard, or wrecking yard.
Any lot upon which four or more motor vehicles of any kind
which are incapable of being operated due to condition or a lack of
license or have been placed for the purpose of obtaining parts for
recycling or resale.
School.
The following definitions relate to educational facilities,
whether publicly or privately funded, for various ages and educational
levels.
(1)
School, private.
A privately funded institution that provides educational
services comparable to that provided by public schools, receives no
funding from any governmental agency, and charges fees to its attendees.
This definition also includes schools under the sponsorship of and
funding by a religious agency (e.g. parochial schools or private church
schools) that provide educational services generally equivalent to
public schools. This definition excludes trade and commercial schools
for higher education or post-high school skill training.
(2)
School, public.
An educational institution regulated by the state which is
operated by an independent school district and having a curriculum
including kindergarten, elementary, and secondary education, but not
including private, business, commercial, trade, or craft schools.
This definition also includes charter schools, which are an alternative
to the public school system but also funded by the state and charges
reduced fees or no admission fees to its attendees.
Sewage pump station.
A facility for transporting sewer including pumps, piping,
valves, and controls.
Sewage treatment plant.
A facility that treats sewage so that it may be returned
to the natural water supply without negative effects. Water from a
sewage treatment plant is considered “gray water” and
is suitable for irrigation but not consumption.
Sexually-oriented businesses.
Sexually oriented establishments and businesses as defined in chapter
4, business regulations, article
4.06, sexually-oriented businesses, as they exist or may be amended. Sexually-oriented uses include, but are not limited to, adult bookstores, adult video stores, adult theaters, adult cabarets, sexual encounter centers, and nude modeling centers. (See also section
14.03.301(11), sexually-oriented business regulations and the aforementioned city ordinances)
Stable, commercial.
A stable used for the rental of stall space or for the sale
or rental of horses or mules; such a stable shall meet all provisions
and requirements of the zoning district in which it is constructed.
(See also “agricultural use, commercial”)
Stable, private.
An area used solely for the owner’s private purposes
for the keeping of horses, mules or ponies that are not kept for remuneration,
hire or sale. (See also “agricultural use, private”)
Store.
The following definitions relate to the various entities
that sell items to the public:
(1)
Store, big box.
A retail establishment with a primary tenant that comprises
more than 50,000 square feet, such as Target or Walmart.
(2)
Store, convenience.
A retail establishment providing for the sale of a limited
assortment food items, nonprescription drugs, small household items,
snacks, and gifts. Gasoline and diesel fuel may also be offered for
sale as a secondary use.
(4)
Store, grocery.
A retail establishment that displays and sells consumable
goods and sundries and may include secondary uses such as a pharmacy,
photo shop, banking service, delicatessen, bakery, and/or prepared
foods.
(5)
Store, pawn shop.
A shop that lends money in exchange for personal property
as security deposited with it or pledged to it. This definition includes
the sale of such securities after repossession and the sale of merchandise
generally found in retail stores.
(6)
Store, secondary use.
Secondary retail uses are incidental businesses located within
an office, big box store, hotel, or employment center and such uses
include barbershop or beauty shop, smoke shop, candy counter, restaurant,
pharmacy, or other incidental activity secondary to the primary office,
hotel, or employment occupancy.
(7)
Store, shopping center.
A group of retail, service, commercial, and restaurant establishments
planned, constructed, and managed as a single entity and also known
as a “strip center” or “in line retail.”
Theater, drive-in.
An outdoor facility arranged so that patrons can view the
screen and receive the sound in the privacy of their vehicles, or
while seated outside.
Theater, indoor.
A facility for showing motion pictures to an audience inside
an enclosed structure.
Truck terminal.
An area where trucks used to transport goods are stored or
parked between trips.
Truck/trailer/heavy equipment/RV/bus repair.
An establishment providing major and minor automobile repair
services to heavy load vehicles defined as self-propelled vehicles
having a manufacturer’s recommended gross vehicle weight (GVW)
of greater than 11,000 pounds, such as large recreational vehicles,
tractor trailers, buses, and other similar vehicles. Such vehicle
repair may occur within a structure or outside the structure due to
the size of the vehicles.
Truck, trailer, heavy equipment, RV, boat, and bus sales, leasing
and repair.
A facility which sells or leases vehicles having a manufacturer’s
recommended gross vehicle weight (GVW) of greater than 11,000 pounds,
such as large recreational vehicles, tractor trailers, buses, and
other similar vehicles. The term “truck” shall be construed
to mean “heavy load vehicle” unless specifically stated
otherwise. The sales and leasing facility includes outdoor storage
and display of the vehicles listed. “Light load trucks”
are defined as “autos” for the purpose of the zoning ordinance.
Utility distribution/transmission line.
Facilities, including subsidiary stations, that serve to
distribute, transmit, transform, or reduce the pressure of gas, water,
or electric current, including, but not limited to, electrical transmission
lines, gas transmission lines, and metering stations.
Vending kiosk, commercial.
An unmanned, freestanding structure that dispenses goods for remuneration that may include, but are not limited to, water, ice, entertainment videos or CDs, newspapers, and drinks, that may be located outside of or separate from the primary structure (see section
14.03.401(11), vending kiosk regulations).
Warehouse.
A large facility used primarily for the storage of goods
and may include an office incidental to the primary use.
Water treatment plant.
A facility for the purifying, storage, and distribution of
city water including a system of reservoirs, channels, and mains.
Wholesale and distribution center.
An establishment engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials to retailers, wholesalers,
agents, brokers, or to industrial, commercial, institutional, or professional
business users and may include an office incidental to the primary
use.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2022-116 adopted 10/11/2022)
Access lane, major.
Any privately owned on-site drive or lane intended to access
the primary entrance to land parcels and parking areas, and which
accommodates autos or pedestrians. Such major access lanes may serve
as fire lanes and are the primary means of access to a shopping center.
Such lanes will likely intersect a major roadway at a median break,
subject to the director’s approval.
Access lane, minor.
Any privately owned on-site drive or lane intended for internal
access to land parcels and parking areas, and which accommodates autos
or pedestrians.
Accessory structure.
Any structure, either attached or detached from the main building, the use of which is incidental to that of the main structure and located on the same lot. Accessory structures include, but are not limited to, patio covers, arbors, gazebos, cabanas, outdoor kitchens, recreational fire enclosures, trellis, and structures/sheds or the like. A permit is required for many accessory structures. (See section
14.03.201 accessory uses, general information and regulations and section
14.03.202 accessory uses, specific accessory structures, respectively, for regulations)
Accessory structure, agricultural use.
A structure located on an active farm, ranch, or orchard
in which livestock, feed, equipment, vehicles, or accessories necessary
for the running of the business are kept, including but not limited
to, barns, silos, sheds, and exercise pavilions.
Accessory use.
Defined as any land use or building that by its nature is not the primary use of the tract of land upon which it is located. For example, a garage is secondary to the residence. In commercial districts, an accessory use is that which occupies less than fifty percent (50%) of the square footage of the main building. (see sections
14.03.201 and
14.03.202 for regulations)
Acts of nature.
An extraordinary interruption by a natural cause (such as
a flood or earthquake) of the usual course of events that experience,
prescience, or care cannot reasonably foresee or prevent.
Administrative official.
An officer or other designated authority charged with the
administration and enforcement of this chapter, and a duly authorized
representative.
Advertising sign or structure.
Any cloth, card, paper, metal, glass, wooden, plastic, plaster,
or stone sign or other sign, device, or structure of any character
whatsoever, including a statuary or place for outdoor advertising
purposes on the ground or any tree, wall, bush, rock, post, fence,
building, or structure. The term “placed” shall include
erecting, constructing, posting, painting, printing, tacking, mailing,
gluing, sticking, carving, or otherwise fastening, affixing, or making
visible in any manner whatsoever that is visible. Neither directional,
warning nor other signs posted by public officials in the course of
their public duties shall be construed as an “advertising sign”
for the purpose of this ordinance. See sign ordinance for further
details.
Alley.
A minor drive that is used primarily for vehicular access
to the rear or side of properties otherwise facing on a street.
Applicant.
Any person or entity that submits to the city an application
for a permit required by the city for a project. To be qualified as
an applicant under this ordinance, the person or entity must have
sufficient legal authority or proprietary interests in the land to
commence and maintain proceedings under this ordinance. The term shall
be restricted to include only the property owner(s), or a duly authorized
agent or representative of the property owner.
Application for a permit.
Any document filed with the city that clearly indicates that
the applicant is seeking consideration for a permit, the type of permit
sought, and which provides the city with fair notice of the project,
and when used in this zoning ordinance, shall include a plan for development
of real property or a plan for development; but excluding applications
to establish or amend a zoning district, including but not limited
to a request to establish or amend a planned development district
or to receive or amend a specific use permit.
Automobile.
For the purposes of this ordinance, an “automobile”
is defined as a self-propelled mechanical or electrical vehicle designed
for legal use on streets, highways, or waterways for the conveyance
of goods and people, including, but not limited to, passenger cars,
trucks, buses, and boats, but excludes motorcycles and motor scooters.
Barn.
A structure intended for storage of products, equipment and supplies related to the production of livestock and farming. (See section
14.03.202(2), barns and farm accessory structure regulations)
Basement.
A story or portion of a building located primarily below
the natural grade line of the property.
Bay.
A large opening in a wall or building, whether with or without
bay doors, which is designed to allow vehicle access. Also referred
to as docks or internal loading spaces.
Bay door.
An oversized door, typically with roll-up or swing-type doors,
commonly used in conjunction with docks, bays, and loading spaces.
Block.
An area enclosed by streets and occupied by or intended for
buildings.
Block face.
The portion of a block adjacent to the street.
Block length.
The length of the block face between two street intersections.
Buildable area.
The allowable area available to construct a building or structure
after complying with the city’s applicable set back and maximum
lot coverage requirements.
Building.
For the purpose of this ordinance, a “building”
is a structure built for the support, shelter, and enclosure of persons,
animals, chattels or movable property of any kind.
(a)
Building ends.
Those sides of a rectilinear building having the lesser dimensions.
As used herein for the building spacing regulations for multifamily
dwelling, a “building end” shall be interpreted as being
the more narrow side of a building regardless of whether it fronts
upon a street, faces the rear of the lot, or is adjacent to the side
lot line or another building.
(b)
Building height.
The vertical distance between the mean ground level of that
portion of the lot covered by the building to the mean roof line of
a structure.
(c)
Building line.
A line parallel or approximately parallel to the street line
at a specific distance there from, marking the minimum distance from
the street line that a building may be erected.
(d)
Building site.
A single tract of land located within a single block, which
(at time of filing for a building permit) is designed by its owner
or developer as a tract to be used, developed, or built upon as a
unit, under single ownership or control. It shall front upon a street
or approved place. A building site may be subsequently subdivided
into two or more building sites, and a number of building sites may
be combined into one building site, subject to the provisions of this
chapter and subdivision ordinance.
(e)
Building, main.
A building in which the principal use of the lot on which
it is situated is conducted. In a residential district, any dwelling
shall be deemed to be a main building on the lot on which it is situated.
Building official.
The building inspector or administrative official charged
with responsibility for issuing permits and enforcing the zoning ordinance
and building code.
Build-to line.
A line parallel or approximately parallel to the street line
at a specific distance there from, marking the maximum distance from
the street line that a building may be erected - generally used in
form-based zoning districts.
Candlepower.
The quantity of light required to illuminate a surface one
(1) foot distance from a light source to the intensity of one (1)
footcandle.
Carport.
A structure open on a minimum of three sides designed or
used to shelter vehicles. Also called “covered parking area.”
Certificate of occupancy or compliance.
An official certificate issued by the city through the enforcing
official which indicated conformance with or approved conditional
waiver from the zoning regulations and authorized legal use of the
premises for which it is issued.
City.
References to the “city” shall mean the City
of Celina, Texas.
Comprehensive plan.
The long-range policy adopted by the city council which govern
the future development of the city and which consist of various components
governing specific geographic areas as well as functions and services
provided by the city.
Court.
An open, unoccupied space, bounded on more than two sides
by the walls of a building. An inner court is an open space entirely
surrounded by the exterior walls of a building. An outer court is
a court having one side open to a street, alley, yard or other permanent
open space.
Decibel.
A unit of measurement of sound pressure.
Development.
Any manmade change to improved or unimproved real estate,
including but not limited to, buildings and/or other structures, paving,
drainage, utilities, storage, and agricultural activities.
Disability or handicap.
With respect to an individual:
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A physical or mental impairment which substantially limits one
or more of such person’s major life activities,
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A record of having such an impairment, or
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Being regarded as having such an impairment, but such term does
not include the illegal use of or addiction to a controlled substance
(as defined in section 102 of the Controlled Substances Act - 21 U.S.C.
802).
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Director.
The director of development services for the city or his
designee.
District.
A geographical area of the city for which the regulations
governing the area, height, or use of buildings are uniform for each
type and class of structure.
Drive-thru.
A vehicle drive aisle that is designed for the customer to
order food at a window or screen and pick up the order at an exterior
window of the retail/restaurant establishment. No through traffic
is permitted to use the drive-thru aisle.
Drive-thru, escape lane.
A vehicle drive aisle adjacent to the drive-thru lane that
allows the driver of the vehicle to exit the drive-thru lane.
Easement.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
Enclosed building.
A structure that has a floor and roof and is surrounded by
outside walls.
(a)
Fence.
For the purpose of this ordinance, a fence is any physical
structure or series of trees/bushes meant to separate one property
from another.
(b)
Fence, ornamental.
Ornamental fencing is generally constructed of wrought iron,
tubular steel, or similar materials and designed to allow for partial
visibility from one side of the fence to the other. Ornamental fences
may have solid masonry foundations, columns, or similar features.
Chainlink fences are not included in this definition.
Fence, screening wall.
Screening walls are defined as being constructed of solid masonry with masonry columns. (See section
14.04.301, screening for regulations)
Fire lane.
A fire apparatus access road according to the International
Fire Code.
Floodplain.
Any property within the limits as delineated by Federal Emergency
Management Agency (FEMA) of the 100-year floodplain or as amended
by an engineering flood study of the ultimate developed conditions
prior to any reclamation.
Floor area.
The total square feet of floor space within the interior
dimensions of a building including each floor level, generally considered
“air conditioned space,” but excluding cellars, carports,
or garages.
Floor area ratio (FAR).
An indicated ratio between the number of square feet of total
floor area in the main building on a lot and the total square footage
of land in the lot; it is the number resulting from dividing the main
building floor area by the lot area.
Footcandle.
A unit of illumination produced on a surface, all points
of which are one (1) foot from a uniform point source of one (1) candle.
When metric units are used, lux is the unit of light quantity. One
(1) lux equals one (1) lumen per square meter of area. One (1) footcandle
equals 10.76 lux.
Frequency.
The number of times per second a vibration or sound wave
oscillates.
Glare.
Direct light emitted from a light source, which is sufficient
to cause annoyance, discomfort, or temporary loss of visual performance
and visibility (see section 14.04.608 [sic], glare for more information).
Grade.
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For buildings having walls adjoining only one street, “grade”
is defined as the elevation of the sidewalk at the center of the wall
adjoining the street.
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For buildings having walls adjoining more than one street, “grade”
is defined as the average of the elevations of the sidewalks at the
center of all walls adjoining the street.
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For buildings having no wall adjoining the street, “grade”
is defined as the average level of the finished surface of the ground
adjacent to the exterior wall of the building.
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Where no sidewalk has been constructed, the building inspector
shall establish such sidewalk grade or its equivalent for the purpose
of these regulations.
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Gross floor area.
The gross floor space of an apartment house shall be measured
by taking the outside dimension of the apartment building at each
floor level, excluding, however, the floor area of basements or attics
not used for residential purposes.
Height of yard or court.
The vertical distance from the lowest level of such yard
or court to the highest of any boundary wall.
Infill development.
The development of structures on vacant lots within developed
areas which can utilize existing infrastructure.
Junk.
The term “junk” shall mean all worn out, worthless,
or discarded material, including but not limited to any of the following
materials, or parts of said materials or any combination thereof:
new or used iron, steel or nonferrous metallic scrap, brass or waste
materials; used and/or inoperative household appliances, household
electrical or plumbing fixtures, floor coverings and/or window coverings
not currently in use; used lumber, brick, cement block, wire, tubing,
and pipe, tubs, drums, barrels, and/or roofing material not currently
in use; air conditioning and heating equipment not currently in use;
used vehicle components and parts not currently in use; used furniture
other than that designed for outdoor use or that which would normally
be considered as antique furniture; used and/or inoperative residential
lawn care equipment and machinery not currently in use; used pallets,
windows or doors not currently in use; new or used sheet metal, structural
steel and/or chain not currently in use; used and/or inoperable vending
machines, radios and/or televisions, or other electronic devices not
currently in use; and any other type of used and/or inoperable machinery
or equipment not currently in use.
Landfill.
A tract of land used for the burial of farm, residential,
institutional, industrial, or commercial waste that is not hazardous,
medical, or radioactive.
Landscape architect.
A person who holds a license to practice landscape architecture
in the State of Texas.
Landscaping.
Natural materials such as, but not limited to, grass, groundcovers,
shrubs, vines, hedges, trees, and non-living durable material commonly
used in landscaping, such as rocks, pebbles, sand, walls, or fences.
Loading space.
An off-street space or berth used for the delivery and loading
or unloading of vehicles.
Lot.
A parcel of land occupied or to be occupied by one building
or group of buildings or uses customarily incident thereto, including
such open spaces as are required under this chapter, and having its
principal frontage upon a public street or an access drive. The following
definitions relate to lots dimensions and setbacks.
(a)
Lot coverage.
The percentage of the total area of a lot occupied by the
base (first story or floor) of buildings located on the lot. Structures
shall include main structures and accessory structures with or without
a permeable roof. The lot coverage percentage does not include uncovered
patios, drives, walkways, swimming pools, or swimming pool decks.
(b)
Lot depth.
The mean horizontal distance from the front street line to
the rear line. If a lot is an irregular shape, it shall be the horizontal
distance between the center of the front and the center of the rear
lot lines.
(c)
Lot of record.
A lot that has been recorded in the office of the county
clerk on a plat or through deed records.
(d)
Lot width.
The horizontal distance between side lines, measured at the
front building line, as established by the zoning district.
(e)
Lot line.
The lines bounding a lot as defined herein.
(1)
Lot line, front.
The line, defined by zoning district, behind which any structure
must be placed from the front property line.
(2)
Lot line, rear.
The line, defined by zoning district, behind which any structure
must be placed from the rear property line.
(3)
Lot line, side.
The line, defined by zoning district, behind which any structure
must be placed from the side property line.
(f)
Lot, area.
The square footage or acreage of a lot shall be the net area
of the lot and shall not include portions of public street or alley
rights-of-way.
(g)
Lot, corner.
A lot abutting upon two or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the building inspector.
(h)
Lot, flag or panhandle.
A lot having access to a street by means of a parcel of land
having a depth greater than its frontage, and having a width less
than the minimum required lot width, but not less than twenty-five
(25) feet. The maximum distance of the area less than the required
width from the front property line shall be 110 feet.
(j)
Lot, key.
A corner lot that is so designed that the lots located directly
behind it face the side street of the corner lot and are not separated
by an alley shall be considered a key lot.
(k)
Lot, reverse corner.
A corner lot abutting upon two intersecting streets where
the rear lot line of one lot is also the side lot line of an adjoining
lot.
Mews street.
A grassy, landscaped area on which houses or housing units
may face in lieu of facing a paved street. (See the subdivision ordinance
for more information.)
Mobile food vendor, food truck.
Any person who operates and sells food from a motorized vehicle
capable of moving from place to place during the course of the day
and may include some preparation of food or drink for sale.
Nonconforming use.
A building, structure, or use of land lawfully occupied as of the effective date of this chapter or amendments thereto, but which does not conform to the use regulations of the district in which it is situated. (see article
14.02, part five, [article
14.03, part six] new and nonconforming uses for regulations)
Nonresidential.
Property zoned or used for other than residential purposes.
For the purposes of this ordinance, multifamily developments are considered
to be “non-residential” land uses.
Occupancy.
The use or intended use of the land or buildings by proprietors
or tenants.
Octave band.
A portion of the audible sound spectrum. An octave band analyzer
divides the audible sound spectrum into eight octave bands.
Odor threshold.
The concentration of odorous matter in the atmosphere necessary
to be perceptible to the olfactory nerve of a normal person. Determination
of the odor threshold is prescribed by A.S.T.M.D. 1391-57, Standard
Method for Measuring Odor in Atmosphere.
Open space.
Area included in any side, rear, or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projection of cornices, eaves, or porches, but generally
excludes paved areas such as drives, sidewalks, and parking lots.
Open space, usable.
The portion of the designated open space that is designed
and intended to be used for outdoor living and/or recreation. Usable
open space would exclude land within a floodplain designation, land
that is too steep for normal recreation, landscape buffers along roadways,
detention and retention ponds, and other open areas that are unsuitable
for active enjoyment.
Outside storage and display, temporary, under eave display.
The temporary display of merchandise for sale located immediately outside the main entrance to the building and generally in the area that is adjacent to the building and between the building and the walkway/entrance. Items include, but are not limited to, firewood, plants, pumpkins, shopping carts, and other items. (See section
14.03.501(5), open storage regulations, under eave display)
Parking space.
An area of not less than 180 square feet (measuring approximately
9 X 20 feet), surfaced with concrete, enclosed or unenclosed, together
with a driveway connecting the parking space with a street or alley
permitting free ingress and egress.
Parking structure.
A multi-storied building whose primary purpose is the parking
of vehicles.
Particulate matter.
Finely divided solid or liquid matter, other than water,
which may be released into the atmosphere.
Permit.
A license, certificate, approval, registration, consent,
permit, contract, or other agreement for the construction or provision
of service from a utility owned, operated, or controlled by the city,
or other form of authorization required by law, rule, regulation,
order, or ordinance, which has been approved by the city, that a person
or entity must obtain to perform an action or initiate, continue,
or complete a project for which the permit is sought, and for which
the application for the permit or information required to be submitted
for consideration provides fair notice of the project to the city.
Notwithstanding, an ordinance establishing or changing a zoning district,
including but not limited to an ordinance establishing or amending
a planned development district or specific use permit, is not considered
a permit under this definition.
Photometric plan.
A point-by-point plan depicting the intensity, type, height
of support structure, and location of lighting on the property.
Planned development district.
A planned development district generally integrates several
land uses such as industrial parks or industrial districts, offices,
commercial or service centers, shopping centers, residential developments
of multiple or mixed housing, including attached single-family dwellings,
or any appropriate combination of uses which may be planned, developed,
or operated or integral land use units either by a single owner or
a combination of owners under one set of development standards or
guidelines that have been approved by the city council.
Planning and zoning commission.
The agency whose members are appointed by the city council
as an advisory body to Council and which is authorized to recommend
changes in the zoning ordinance and is authorized to decide matters
relating to platting.
Plat.
A plan for land subdivision creating building lots or tracts
and showing all essential dimensions and other information essential
to comply with the subdivision standards of the city and subject to
approval by the planning and zoning commission or staff, as required
by state law.
Premises.
Land together with any buildings or structures occupying
it.
Primary use.
The principal or predominant use of any lot or building.
Private franchised utility, other than listed.
A nonpublic utility requiring special facilities in residential
areas or on public property such as heating, cooling, or communications
not customarily provided by the municipality or the normal franchised
utilities. Railroad track and right-of-way, but not including railroad
stations, sidings, team tracks, loading facilities, dockyards, or
maintenance areas.
Private street development.
A development of two (2) or more lots sharing private gated vehicular access ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be established only under the terms of both the subdivision ordinance and the zoning ordinance, sections
14.03.301(9), private street development regulations - existing subdivisions and 14.03.301(10), private street development regulations - new subdivisions. The term “private street” shall include alleys within the designated subdivision.
Riparian buffer.
An area of permanent vegetation adjacent to a water course
and actively managed to maintain the integrity of stream channels
to reduce the impact of upland sources by trapping, filtering, and
converting pollutants and supplying food, cover, and thermal protection
to fish and other wildlife.
Riparian corridor.
An ecosystem that includes three (3) major components: stream
channel, floodplain, and transitional upland fringe.
Room.
A building or portion of a building which is arranged, occupied,
or intended to be occupied as living or sleeping quarters, but not
including toilet or cooking facilities.
Seasonal sales.
Temporary display and sale of cut holiday trees with incidental
sales of holiday decorations and firewood; or the temporary display
and sale of pumpkins with the incidental sale of fall decorations;
or the temporary display and sale of firewood with incidental sale
of firewood accessories.
Screening.
Screening is defined as a solid barrier of permanent material
of sufficient height and density so that the objects being screened
are not visible from any point on the lot line when viewed from ground
level.
Secondary use.
A use included in a building or on a lot that is incidental
to the primary use and occupies less than fifty percent (50%) of the
primary use.
Shopping cart.
A shopping cart is a metal or plastic conveyance meant to move goods from the store to a vehicle. The carts are owned by the store and not to be taken off premises. (See section
14.03.501(4), open storage regulations, temporary and 14.03.501(5), open storage regulations, under eave display for regulations)
Sign.
Any device, including its structure and component parts, which conveys commercial messages for visual communication or advertising that is used for the purpose of attracting attention of the public, but not including any lawful display of merchandise. Signs are governed by article
3.07 of the Code of Ordinances.
Site plan.
A detailed set of plans including such things as building
footprints, parking, landscaping, photometrics, and building elevations.
Smoke.
The visible discharge of particulate matter from chimney,
vent, exhaust, or combustion process. (See section 14.04.603 [sic],
smoke and particulate matter for regulations)
Special exception.
A special exception may be made to the regulations of the zoning ordinance if the board of adjustment finds that the use or exception, if controlled as to number, area, or location would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. (See section
14.01.202(e), authority to grant special exceptions, for regulations)
Story.
That part of a building included between the surface of one
floor and the surface of the floor next above, or if there is no floor
above, that part of the building which is above the surface of the
highest floor thereof. A top story attic is a half-story when the
main line of the eaves is not above the middle of the interior height
of such story. The first story is the highest story having its interior
floor surface not more than four (4) feet above the curb level established
or mean street grade or average ground level, as mentioned in “height
of buildings” of this section. The standard height for a story
is eleven (11) feet, six (6) inches.
Story, half.
A single room within a dwelling unit above the second floor.
A half-story will occupy no less than two-thirds (2/3) of the area
under the roof, and shall have non-operating opaque windows for facades
that face adjacent properties. Transparent windows may face the front
yard. A half-story containing independent apartment, living quarters,
or bedroom shall be counted as a full story.
Street line.
The dividing line between the street and the abutting property.
Street.
A roadway that affords principal means of access to property
abutting thereon.
(a)
Street, private.
A thoroughfare which affords access to property abutting
thereon for residents of that property and service vehicles only via
controlled gate access. The land on which the street is constructed
is owned by a homeowners association and the street is maintained
by that entity.
(b)
Street, public.
A thoroughfare which affords principal means of access to
property abutting thereon. The land on which the street is constructed
is owned by a governmental entity and the street is maintained by
that entity.
Streetscape.
The urban element that establishes the major part of the
public realm. The streetscape is composed of thoroughfares (travel
lanes for vehicles and bicycles, parking lanes for cars, and sidewalks
or paths for pedestrians) as well as the visible private frontages
(building facades and elevations, porches, yards, fences, awnings,
etc.), and the amenities of the public frontages (street trees and
plantings, benches, streetlights, etc.).
Structure.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground,
including but not limited to advertising, signs, billboards, and poster
panels but exclusive of customary fences or boundary or retaining
walls.
Structural alterations.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
Temporary building.
An industrialized or modular building or structure without
a permanent foundation shall be considered a temporary building. Membrane
structures shall not be considered a temporary building.
Toxic and noxious matter.
Any solid, liquid, or gaseous matter which is present in
sufficient quantities to endanger health, safety or comfort of persons
in the vicinity or which may cause injury or damage to property. (See
section 14.04.606 [sic], toxic and noxious matter for regulations)
Tri-partite design.
The technique of dividing the architectural elements of a
building into three (3) horizontal planes, with a distinctive base,
middle, and top. The top plane is typically smaller in size and considered
an architectural accent feature.
Unipole.
A wireless transmission facility that has one freestanding
vertical structure, fixed into the ground and/or attached to a foundation
with no guy wires, containing one or more antennas and associated
equipment, no larger than seventy-two (72) inches in diameter at any
given point, with no externally mounted or visible racks antennas,
that tapers from the ground to the sky.
Unsustainable structure.
Any building that does not meet the City of Celina Architectural
Design Standards, Fire, or Building Code.
Urban mixed use.
A development or portion of a development that includes a
mixture of residential and nonresidential uses in a configuration
where a majority of the buildings are two or more stories tall and
pedestrian oriented.
Variance.
An adjustment in the application of the specific regulations of the zoning ordinance or subdivision ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustment may grant a variance. (See section
14.01.202(e), authority to grant variances for regulations)
Vehicle.
Any motorized car, truck, or van designed to transport people
and/or goods.
Vested rights.
The specific land use rights that are granted upon receipt of certain applications (see section
14.01.310, vested rights for regulations)
Vibration.
A periodic displacement of the earth measured in inches (related
to sound). (See section 14.04.607 [sic], vibration for regulations)
Water reservoir or well.
An artesian well or artificial underground reservoir where
water is collected and kept in quantity for use by a water system.
Wing wall.
A solid, constructed extension of a building, without a roof,
that may be used to screen outdoor placed equipment.
Yard.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. 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 year, the smallest horizontal
distance between the lot line and the main building shall be used.
(a)
Yard, front.
The space across the full width of the lot contained between
the front property line of the lot and any portion of the main building.
(b)
Yard, rear.
The space between the rear lot line and the rear line of
the main building and the side lot lines.
(c)
Yard, side.
The space between the building and the side line of the lot
and extending from the front yard to the required minimum rear yard.
(d)
Yard, size.
The space between the main building and the adjacent side
line of the lot, and extending entirely from the front yard to the
rear yard thereof.
(Ordinance 2019-42 adopted 10/8/19)