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Special Exception
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District Requiring City Council Approval
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(1)
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Construction field office and storage yard (other than on jobsite).
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All districts
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Conditions: Temporary, for time fixed by the City Council.
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(2)
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Amusement or entertainment, commercial, indoor or outdoor.
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B-2 - LI
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(3)
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Child care facilities.
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MF - LI
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(4)
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Residential recreation facilities.
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SF - MF
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(5)
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Parking, under division 9 conditions.
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All districts
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(6)
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Development sign of more than one year duration.
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SF - MF
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(7)
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Screening devices/fences, over height or in required front yard.
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All districts
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(8)
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Except for brewpubs and wineries, service of alcoholic beverages
for on-premises consumption; for brewpubs and wineries, service of
alcoholic beverages for on-premises and off-premises consumption may
be permitted
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B-2 - LI
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(9)
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Light industrial or manufacturing uses, other than storage,
to be conducted outside buildings.
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LI
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(10)
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Real estate sales office: A temporary real estate sales office.
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SF - MF
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(11)
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Retail gasoline service stations, pumps and facilities, storage
tanks underground.
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B-3 - LI
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(12)
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A private stable under the following conditions:
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SF
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(A) The use must be one that would in all respects qualify as
an incidental use under the terms of section 14.02.172(6) of this
article if located on the same property as a primary residential use;
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(B) The property on which the use is to be conducted must be
adjacent to or within 500 feet of the primary residence to which it
would be incidental if located on the same property;
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(C) The owner of the primary residence and the private stable
must be the same; and
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(D) The private stable shall not be used for commercial purposes.
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This special exception may be revoked by the City Council upon
notice and after hearing in the event of a violation of any of the
conditions described above.
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(13)
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Private school.
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B-2 - LI
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(14)
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Motor vehicle sales.
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LI
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(15)
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Retail specialty and novelty establishment.
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B-3 - LI
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Definitions: For the purpose of this subsection:
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(A) “Retail specialty and novelty establishment”
is a place of business which derives more than 50% of its monthly
revenues from the retail sale of specialty and novelty items.
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(B) “Specialty and novelty items” means any of the
following:
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(i) Drug paraphernalia, as that term is defined
in 481.002 of the Texas Health and Safety Code;
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(ii) Wearing apparel containing obscene pictures
or words, such as T-shirts, belt buckles, jewelry or any other wearing
apparel;
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(iii) Salves, ointments, gels, creams, jellies,
lotions and oils advertised and designed as a sexual stimulus;
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(iv) Magazines, books, records, videocassettes,
pictures, drawings and other similar material depicting and describing
sexual conduct in a manner that is designed for adult use and consumption;
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(v) Incense.
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(16)
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Billiard table establishment.
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B-3 - LI
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Definitions: For the purposes of this subsection:
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(A) “Billiard table establishment” means any business
containing a billiard table for commercial use and not merely for
sale.
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(B) “Billiard table” means a table surrounded by
a ledge or cushion with or without pockets on which balls are impelled
by a stick or cue, but not including a coin-operated billiard table.
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(17)
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Skill or pleasure coin-operated machines, commercial use of
eight (8) or more per occupancy.
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B-3 - LI
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Definitions: For the purposes of this subsection, the term “skill
or pleasure coin-operated machine” shall have the meaning ascribed
thereto by article 8801, V.T.C.S. [V.T.C.A., Occupations Code, chapter
2153]
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(18)
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Sexually oriented business.
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LI
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Definition: For the purpose of this subsection, “Sexually
oriented business” shall have the meaning ascribed thereto by
chapter 243 of the Texas Local Government Code.
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Condition: No such use may be permitted at a location within
one thousand (1,000) feet of a church, school, public park, boundary
of a residential district or property line of a lot devoted to residential
use.
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(19)
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Motor vehicle parking, commercial.
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B-3 - LI
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(20)
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Long-term personal care facility.
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SF - MF
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Definition: For the purposes of this subsection, a “long-term
personal care facility” is a residence used as an assisted living
residence for not more than four (4) unrelated persons.
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Conditions: No such use shall be permitted unless:
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(A) The State of Texas has issued a license for the location
under chapter 142 of the Texas Health and Safety Code; and
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(B) The owner of the facility resides in the residence.
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The special exception shall continue for so long as a valid state license, as described in subsection (A), shall be in effect, unless the special exception should otherwise be terminated for violation of its terms or applicable laws.
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(21)
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Schools, clubs or centers for gymnastics, exercise or physical
fitness.
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B-1 - B-2
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Condition: The use shall comply with all regulatory provisions
of the district in which it is located.
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(22)
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Mobile food unit: Special exception sought by property owner
required for all zoning districts if mobile food unit remains on property
longer than twenty- four (24) hours.
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All districts
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(23)
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HUD-code manufactured home as primary dwelling
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MF
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(24)
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Credit access business under the following conditions:
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L-I
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(A) No such use may be permitted at a location within one thousand
(1,000) feet of a school, designated place of worship, public park,
boundary of a residential district, or property line of a lot devoted
to residential use.
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(25)
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Tattoo Shop under the following conditions:
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L-I
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(A) No such use may be permitted within 1,000 feet of another
tattoo shop
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(B) A tattoo shop may be open for business only between the
hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. A tattoo
shop may not open for business on Sunday.
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(C) No such use may be contiguous to any residential land use,
designated place of worship, or school.
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(26)
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Short- term rental in excess of density limitation.
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SF, MF, GH Subject to section 4.09.004(p) of the code
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Use
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Districts
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(1)
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Construction office.
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All districts
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Temporary field or construction offices and building material
storage areas to be used solely in support of construction on the
property where the same is located may be permitted for specific periods
of time when approved by the zoning administrator, but such uses shall
not continue beyond completion of construction and may be terminated
sooner on the order of the zoning administrator.
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(2)
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Real estate sales office.
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SF - MF
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Temporary real estate sales offices may be authorized by the
zoning administrator when such use is located in a permanent residential
structure or “model home”; provided, that: (i) sales activities
conducted therein shall related only to the sale of property within
such subdivision; (ii) such use may be terminated on the order of
the zoning administrator; and (iii) in no event shall such use continue
after the substantial development and sale of the subdivision.
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(3)
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Holiday plant sales.
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B-3 - LI
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The temporary sales of Christmas trees and other forms of decorative
plant materials associated with the celebration of religious events
shall be permitted for a period of thirty (30) days prior to the day
of religious celebration. The zoning administrator shall issue a permit
for such sale when he finds:
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(A)
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That there is available on the property an off-street parking
area, either improved or unimproved, equal to the size of the plant
material display and sales area; and
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(B)
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That the location and layout of drives, parking areas, lighting,
and sale signs will not constitute a hazard to public travel on the
abutting public streets.
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Trees, stands, equipment, trash, signs and lighting shall be
removed from the property by the permit holder within seven (7) days
after final termination of sales activities.
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