(a) Table of standards.
The following table of standards
shall govern the height, area, yard and other special conditions of
permitted nonresidential uses in the commercial and industrial districts.
TABLE 14.02.221
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Districts
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Regulations
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B-1
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B-2
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B-3
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LI
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HEIGHT (maximum in feet)
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35
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45
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None
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None
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LOT
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Width (minimum in feet)
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80
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80
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80
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None
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Coverage, building (maximum as % of lot area)
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30
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30
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30
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None
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Coverage, impervious surface (maximum as % of lot area)
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70
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70
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80
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None
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YARDS (minimum in feet)
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Front
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25
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20
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20
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20
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Side – interior
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20
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None
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None
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None
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Side - corner lot
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25
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20
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20
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10
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Rear
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15
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10
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10
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None
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Abutting residential district:
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One-story
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20
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20
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20
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10
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Multi-story
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20
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20
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20
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20
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STORAGE
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Inside building
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No storage of merchandise
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Not more than 25% of the area of any occupancy or 1000 sq. ft.
per occupancy (whichever is less); no storage of goods for off-premises
sale
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Permitted - not more than 75% of building area
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Permitted
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Outside
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Not permitted
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Not permitted
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Auto-related uses
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Screened
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DISPLAY - outside
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Not permitted
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Not permitted
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Behind required yard
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(b) Special standards.
The following standards shall be
applicable in all of the commercial and industrial districts, unless
otherwise herein limited.
(1) No building shall hereafter be erected, reconstructed, altered or
enlarged for residential use in any of the districts of this division,
unless the same is located or to be located on a lot of record, a
plat of which was recorded prior to November 12, 1973, and which is
subject to restrictive covenants limiting the use thereof to residential
purposes.
(2) For a multi-story structure on property adjacent to a residential
district, the minimum yard abutting the residential district shall
be increased five (5) feet for each story more than one.
(3) Any development in the commercial and industrial districts of more than four (4) acres in gross land area shall be developed under the conditions of section
14.02.271 hereof.
(4) The minimum yard requirements shall be subject to the minimum building separations provided in article
5.02, the fire prevention code of the city. In the event of conflict between the two, the more restrictive provision shall control.
(5)
(A) In the zoning districts in which the sale of alcoholic beverages
is otherwise permitted under the terms of this division, the sale
of alcoholic beverages is prohibited by a dealer whose place of business
is within:
(i)
300 feet of a church, public or private school, or public hospital;
(ii)
1,000 feet of a public school, if the city council receives
a request for such prohibition from the board of trustees of a school
district; or
(iii)
1,000 feet of a private school, if the city council receives
a request for such prohibition from the governing body of the private
school.
(B) The method of determining the minimum distances shall be as provided
in section 109.33 of the Texas Alcoholic Beverage Code.
(C) The city council may allow variances to the distance regulation if
the city council determines that enforcement of the regulation in
a particular instance is not in the best interest of the public, constitutes
waste or inefficient use of land or other resources, creates an undue
hardship on an applicant for a license or permit, does not serve its
intended purpose, is not effective or necessary, or for any other
reason the city council, after consideration of the health, safety
and welfare of the public and the equities of the situation, determines
is in the best interest of the community.
(2005 Code, sec. 17.6.01; Ordinance 09-13, sec. 2, adopted 11/10/09; Ordinance 2022-24 adopted 9/15/22)
(a) Permitted uses.
A building or premises in this district
shall be used only for the following purposes:
(1) Professional offices and other business office uses, excluding however:
(A) The display, storage or sale of merchandise; and
(B) The telemarketing of services or merchandise.
(2) Parks, playgrounds, community centers, fire stations or other public
safety buildings operated by or under the control of the city or other
governmental authority.
(3) Banks, savings and loan associations, and other similar state or
federally chartered financial institutions, but not including a credit
access business.
(4) Public buildings, including municipal buildings, schools and libraries.
(5) Electric transmission towers and lines, gas transmission lines and
metering stations, other local utility distribution lines, sewage
pump stations, water reservoirs, wells and transmission facilities.
(6) Lodges, fraternal organizations and civic clubs.
(7) Pharmacies, specialty shops, personal service shops and convenience
retail sales, provided that no single such use shall occupy more than
3000 square feet of floor area and the total of all such uses on any
lot shall not occupy more than 30% of the floor area of all buildings
on the lot.
(8) Uses as part of a planned development as described in subsection
(c) hereof.
(9)
Mobile food units, upon certification by the zoning administrator
(provided through permit approval) that the following conditions are
met:
(A) Mobile food units may not park or operate on a
public roadway;
(B) Mobile food units must have written permission
from property owner to use the property where the mobile food unit
will be located;
(C) Mobile food units may not stay on any one property
longer than twenty-four (24) hours without a special exception obtained
by the property owner;
(D) Mobile food units must be parked on improved surfaces
and may not occupy required parking spaces, obstruct traffic movement,
or impair visibility or safety to the site. Required parking spaces
are those spaces needed to service the property where the mobile food
unit is located as determined by the zoning administrator. In determining
required parking spaces, the following will not be considered: the
space used by the mobile food unit and a customer service area plus
two additional parking spaces. The zoning administrator must be notified
of exactly where on the property the mobile food unit will park.
(E) Mobile food units must have valid health permit
and comply with chapter 228 of the Texas Administrative Code related
to mobile food unit operations.
(F) Nothing related to the mobile food unit may be
left at the location when the mobile food unit is not present.
(G) All signage must be on or attached to the mobile
food unit.
(H) The zoning administrator's written confirmation
of compliance with the above conditions shall be kept in the mobile
food unit at all times of operation within the city.
(b) Restrictions on use.
The uses in this district described in subsection
(a) above shall be permitted, however, only upon the following conditions:
(1) There shall be no sales of alcoholic beverages in this district.
(2) No outdoor activities or uses shall be permitted in this district
other than: vehicular parking; solid waste disposal containers; and,
outdoor recreation as part of a planned development.
(3) All buildings shall:
(A) Have exterior walls of not less than 75% masonry surface;
(B) Be residential in architectural character;
(C) Have exterior walls containing window and door openings which do
not exceed 60% of the surface area of any such wall; and
(D) Have mansard, hip or gable roof type.
(4) No non-public use within this district shall be open for operation
except between the hours of 6:00 a.m. and 11:00 p.m. Central Time.
(5) In addition to complying with the requirements of division 11 of
this article, each lot in this district shall have not less than 20%
landscaped open space.
(6) Any use shall comply with the applicable special conditions contained
in table 14.02.221.
(c) Planned development regulations.
When land within this
district is made part of a planned development:
(1) Child care facilities may be included in a PD plan.
(2) Yards abutting adjacent non-PD property shall be not less than 25
feet.
(3) All SF uses shall be permitted, but not to exceed the maximum densities
allowed therefor in the SF district.
(2005 Code, sec. 17.6.02; Ordinance 2020-12 adopted 12/17/20; Ordinance 2022-31 adopted 12/15/2022)
(a) Permitted uses.
A building or premises in this district
shall be used only for the following purposes:
(1) Any use permitted in the “B-1” district.
(2) Food service:
(A) Retail sale of food products;
(B) Bakery or confectionery, including preparation for on-premises retail
sale only;
(D) Restaurant or café, without drive-in service.
(3) Personal service shops, including:
(B) Dry cleaning pickup station;
(C) Cleaning or laundry (self-service) using fully automatic equipment,
the number of machines of all types not to exceed twenty-five (25),
as follows:
(i)
Washers, capacity of not more than 20 pounds;
(ii)
Dryers or extractors, capacity of not more than 60 pounds;
(D) Pet grooming and small animal veterinary services (soundproof; no
outside runs).
(E) Massage establishments licensed pursuant to article 4512k, V.T.C.S
[V.T.C.A., Occupations Code, chapter 455].
(4) Retail sales (other than listed), offering all types of personal
consumer goods for retail sale (new goods only; repair activities
only incidental to sales and to be conducted indoors only).
(6) Churches; and, public and parochial schools (without student housing).
(7) Resale boutique: Retail sale of used clothing, accepted only on an
individual consignment basis.
(8) Brewpub, but only pursuant to a special exception as provided in
division 8 of this article.
(9) Winery, but only pursuant to a special exception as provided in division
8 of this article.
(10) Customarily incidental uses.
(b) Restrictions on use.
The uses in this district described in subsection
(a) above shall be permitted, however, only upon the following conditions:
(1) There shall be no alcoholic beverage sales for on-premises consumption
except pursuant to a special exception as provided in division 8 of
this article.
(2) The impervious surface percentage in this district shall not exceed
70%.
(3) Any use shall comply with the applicable special conditions contained
in table 14.02.221.
(4) Any use that involves a mobile food unit is allowed only pursuant
to a special exception.
(c) Planned development regulations.
When land within this
district is made part of a planned development, yards abutting adjacent
non-PD property shall be not less than 20 feet.
(2005 Code, sec. 17.6.03; Ordinance 14-04, sec. 2, adopted 5/21/14; Ordinance 2018-01, sec. 5, adopted 2/15/18; Ordinance 2019-05, sec. 2, adopted 7/18/19; Ordinance 2022-31 adopted 12/15/2022)
(a) Permitted uses.
A building or premises in this district
shall be used only for the following purposes:
(1) Any use permitted in the “B-2” district.
(2) Auto-related uses:
(A) Auto repair and service, under the following conditions:
(i)
Areas used for the repair of vehicles shall not occupy a required
yard.
(ii)
No salvage, dismantling or wrecking on premises.
(iii)
No vehicle sales permitted.
(B) Sale of automotive accessories.
(3) Food service:
(A) Bakery or confectionery, wholesale.
(B) Restaurant or cafe, with drive-in or pickup service.
(4) Antique shop or secondhand goods store.
(5) Cold storage plant (locker rental).
(6) Cleaning, pressing and dyeing, under the following conditions:
(A) No direct exterior exhaust from cleaning plant.
(B) Dust must be controlled by either bag or filter and separator or
precipitator so as to eliminate the exhausting of dust, odor, fumes
or noise outside the plant.
(8) Philanthropic institutions.
(9) Custom cabinet making, upholstery and woodworking shops of craftsmen.
(10) Plumbing, electrical, air conditioning sales and/or service shop.
(11) Building material or lumber sales.
(12) Business park: office, retail and warehouse, not to exceed 10,000
square feet per building; not less than 25% of building area to be
used for office or retail. Type I fire resistant construction required.
(13) Schools, clubs or centers for gymnastics, exercise, or physical fitness.
(14) Pet hotel: Kennels for dogs, cats and other common household pets,
providing temporary overnight housing. Facilities must be soundproof,
air-conditioned, with no outdoor housing of animals. Fenced and screened
outdoor area allowed for daytime exercise of animals while in the
control of human attendants. Must be under direct supervision of licensed
veterinarian.
(15) Motor vehicle sales - Indoor: Showroom wholly within a building;
no vehicle display visible from outside the building; detailing for
sale but no mechanical work allowed: no outside storage. Motor vehicle
sales as provided herein are only permitted pursuant to a special
exception as provided in division 8 of this article.
(16) Sale of alcoholic beverages for off-premises consumption (package
sales).
(17) Smoking establishments in accordance with the standards as provided in subsection
(b)(7) below.
(18) Brewpub, but only pursuant to a special exception as provided in
division 8 of this article.
(19) Winery, but only pursuant to a special exception as provided in division
8 of this article.
(20) Customarily incidental uses.
(b) Restrictions on use.
The uses in this district described in subsection
(a) above shall be permitted, however, only upon the following conditions:
(1) There shall be no outside storage of merchandise, except as provided in subsection
(b)(6) of this section.
(2) In connection with any permitted use conducted within an enclosed
building, there shall be allowed as an accessory use the display of
merchandise out-of-doors, subject to the following limitations:
(A) All sales of such merchandise shall be consummated indoors, and no
cash register or package wrapping counter shall be located out-of-doors.
(B) The merchandise displayed out-of-doors shall not be readily identifiable
by type or product name from adjacent public streets by reason of
package labels, sales tags, markers, or otherwise. Only new merchandise
may be displayed.
(C) Merchandise displayed out-of-doors must be within the required building
setback lines of the property and shall be placed on impervious surfaces
only.
(D) Outdoor area devoted to display shall not exceed in area one-half
the floor area of the permitted use conducted in an enclosed building
on the same property.
(E) Merchandise shall not be displayed at a height of more than ten (10)
feet within ten (10) feet of the building and not more than six (6)
feet in height elsewhere.
(F) For the purpose of this section, the location of merchandise outdoors
and not taken indoors when the business is not open shall be deemed
to be the storage and not the display of merchandise.
(3) The impervious surface percentage in this district shall not exceed
80%.
(4) Drive-up windows shall be permitted when there is not less than 60
feet of driveway vehicle waiting capacity per window, exclusive of
other parking and access requirements for the property.
(5) Any use shall comply with the applicable special conditions of table
14.02.221.
(6) Notwithstanding the provisions of subsection
(b)(1) of this section, outside display and storage of merchandise shall be permitted when it is of a kind or character that is commonly stored or displayed outside of an enclosed building, such as a nursery, garden store or business otherwise offering for sale at retail merchandise that is not readily or customarily kept indoors. Any such display and storage shall be allowed, subject to the following limitations:
(A) Open storage in any portion of the premises not open to public or
customer access shall be screened from public streets, adjacent property
and other portions of the premises.
(B) Stored merchandise shall be that merchandise for which the point
of sale at retail is on the same premises.
(C) The display or storage shall comply with the provisions of subsections
(2)(A) through
(C) and with the parking provisions of this article.
(D) There shall be no storage of merchandise under this subsection
(6) in any vehicle, trailer, portable building or portable container.
(7) Smoking establishments: Subject to the following restrictions and
regulations:
(A) Any smoking establishment seeking a certificate of occupancy after
October 1, 2012 must be located at least 1,000 feet from any other
smoking establishment.
(B) The distance of 1,000 feet shall be measured in a direct line as
the crow flies from property line to property line of the smoking
establishments without regard to streets, walkways, walls or any other
obstruction.
(c) Planned development regulations.
When land within this
district is made part of a planned development, yards abutting adjacent
non-PD property shall be not less than 25 feet.
(Ordinance 2018-17 adopted 9/20/18; Ordinance 2019-05, sec. 3, adopted 7/18/19; Ordinance 2023-25 adopted 12/21/2023)
A building or premises in this district shall be used only for
the following purposes:
(1) Any use permitted in the “B-3” district.
(2) Public or private utility shop and storage.
(3) Contractor’s plant, shop and storage.
(4) Heavy machinery sales and storage.
(6) Salvage or reclamation of products (inside).
(7) Building materials and lumber storage.
(8) Kennel (outside runs permitted).
(9) Storage warehouse or distribution center.
(10) Other light industrial and manufacturing activities, provided that
the same shall be conducted inside buildings, except for storage uses,
which may be located in screened areas outside a required yard.
(11) Brewpub, but only pursuant to a special exception as provided in
division 8 of this article.
(12) Winery, but only pursuant to a special exception as provided in division
8 of this article.
(13) Customarily incidental uses.
(14) Motor vehicle sales - Indoor: Showroom wholly within a building;
no vehicle display visible from outside the building; detailing for
sale but no mechanical work allowed: no outside storage. Motor vehicle
sales as provided herein are only permitted pursuant to a special
exception as provided in division 8 of this article.
(2005 Code, sec. 17.6.05; Ordinance 2019-05, sec. 4, adopted 7/18/19; Ordinance 2023-25 adopted 12/21/2023)