For the purpose of this Ordinance, certain terms and words are
to be used and interpreted as defined in this section. Words used
in the present tense shall also include the future tense; words used
in the masculine gender shall also include the feminine gender; words
used in the singular number shall also include the plural number;
and words in the plural number shall also include the singular number,
except where the natural construction of the writing indicates otherwise.
The word “shall” is mandatory and not directory.
Accessory use
means a use that is customarily incidental, appropriate and
subordinate to the principal use of land or buildings and that is
located upon the same lot therewith.
Agricultural farming and livestock
means uses such as dairy, livestock, swine, poultry and hatcheries,
horse raising and breeding, field and truck crop, horticulture, hydroponic
raising.
Alley
means a minor right-of-way that is dedicated to public use
and which affords a secondary means of vehicular access to the back
or side of properties otherwise abutting a street, and which may also
be used for public utility purposes.
Amusement arcade (also video arcade)
means any building, room, place or establishment of any nature
or kind, and by whatever name called, where more than ten percent
(10%) of the public floor area is devoted to three or more amusement
devices that are operated for a profit, whether the same is operated
in conjunction with any other business or not, including but not limited
to such amusement devices as coin-operated pinball machines, video
games, electronic games, shuffleboards, pool tables or other similar
amusement devices. However, the term “amusement device,”
as used herein, shall not include musical devices, billiard tables
which are not coin-operated, machines that are designed exclusively
for small children, and devices designed to train persons in athletic
skills or golf, tennis, baseball, archery or other similar sports.
Amusement, commercial (indoor),
means an amusement enterprise that is wholly enclosed within
a building which is treated acoustically so that noise generated by
the enterprise is not perceptible at the bounding property line, and
that provides activities, services and/or instruction for the entertainment
of customers or members, but not including amusement arcades. Uses
may include, but are not limited to, the following: bowling alley,
ice skating rink, martial arts club, racquetball/handball club, indoor
tennis courts/club, indoor swimming pool or scuba diving facility,
and other similar types of uses.
Amusement, commercial (outdoor),
means an amusement enterprise offering entertainment and/or
games of skill to the general public for a fee wherein any portion
of the activity takes place outdoors and including, but not limited
to, a golf driving range, archery range, miniature golf course, batting
cages, go-cart tracks, amusement parks, and other similar types of
uses.
Antique shop
means a retail establishment engaged in the selling of works
of art, furniture and/or other artifacts of an earlier period, with
all sales and storage occurring inside a building.
Arcade
means an establishment in which is located six or more coin-operated
games, online gaming, noncoin-operated gaming and sweepstakes.
Art gallery or museum
means an institution for the collection, display and/or distribution
of objects of art or science, and which is typically sponsored by
a public or quasi-public agency and generally open to the public.
Assisted living facility
means residential care facilities that provide housing, meals,
personal care and supportive services to older persons and disabled
adults and are able to live independently. Units include limited or
full kitchen facilities. Full-time medical or nursing care is not
typically provided by the facility, but may be privately arranged
for by individual residents on a part-time or temporary basis.
Auto parts and accessory sales
means the use of any building or other premises for the primary
display and sale of new or used parts for automobiles, panel trucks
or vans, trailers, or recreation vehicles. No outside storage is permitted.
Auto rental
means storage of vehicles for the purpose of renting automobiles
or light trucks.
Auto sales
means retail sales of new or used automobiles or light load
vehicles and the service of new or used vehicles.
Auto storage or auto auction
means the storage or impoundment, on a lot or tract which
is paved in accordance with parking lot paving requirements set forth
in this Ordinance, of operable automobiles for the purpose of holding
such vehicles for sale, distribution and/or storage. This definition
shall not include the storage of wrecked or inoperable vehicles.
Automobile
means a self-propelled mechanical vehicle designed for use
on streets and highways for the conveyance of goods and people including
but not limited to the following: passenger cars, light duty trucks
and sport utility vehicles, vans and minivans, motor scooters and
motorcycles.
Automobile accessory installation
means minor installation of minor automobile accessories
such as car alarms, radio and stereo equipment, window tinting, pin
striping, cellular telephones and similar accessories.
Automobile repair garage
means an establishment providing major or minor automobile
repair services to all motor vehicles except heavy load vehicles.
Automobile repair, major,
means general repair or reconditioning of engines, air conditioning
systems and transmissions for motor vehicles; wrecker service; collision
repair services including body, frame or fender straightening or repair;
customizing; painting; vehicle steam cleaning; undercoating and rustproofing;
those uses listed under “Automobile repair, minor” and
other similar uses.
Automobile repair, minor,
means minor repair or replacement of parts, tires, tubes
and batteries; diagnostic services; minor maintenance services such
as grease, oil, spark plug and filter changing; tune-ups; emergency
road service; replacement of starters, alternators, hoses and brake
parts; automobile washing and polishing; performing state inspections
and making minor repairs necessary to pass said inspection; normal
servicing of air conditioning systems; and other similar minor services
for motor vehicles except heavy load vehicles, but not including any
operation named under “Automobile repair, major” or any
other similar use. Vehicles which are inoperative or are being repaired
may not remain parked outside these facilities overnight[.]
Bakery or confectionery (industrial)
means a manufacturing facility over 1,500 square feet for
the production and distribution of baked goods and confectioneries
intended for off-premises distribution.
Bar, Lounge or Tavern:
An establishment principally for the sale and consumption
of alcoholic beverages on the premises that derives 75 percent or
more of its gross revenue on an annual basis from the sale or service
of alcoholic beverages, as defined in the Texas Alcoholic Beverage
Code, for on-premises consumption.
Barn
means a structure intended for the purpose of storing farming
and ranching related equipment and/or housing livestock.
Basement (or cellar)
means a portion of a building that is at least one-half (1/2)
of its height underground. A basement shall not be counted as a story
in computing building height.
Block
means a piece or parcel of land entirely surrounded by public
highways or streets, other than alleys. In cases where the platting
is incomplete or disconnected, the City Manager or his/her designee
shall determine the outline of the block.
Board
means the Board of Adjustment of the City of Sansom Park,
Texas. If a Board of Adjustment is not appointed by the City of Sansom
Park, then any reference to a Board of Adjustment shall refer to the
City Council as defined by Section 211.008(g) of the Texas Local Government
Code.
Boardinghouse or roominghouse
means a dwelling other than a hotel, where for compensation
and by prearrangement for definite periods, lodging and/or meals are
provided.
Bus station or terminal
means any premises for the transient housing and/or parking
of motor-driven buses and the loading and unloading of passengers.
Car title loan business:
An establishment that makes small consumer loans that leverage
the equity 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. Failure
to repay the loan or make interest payments to extend the loan allows
the lender to take possession of the car or vehicle.
Caretakers’ or guards’ residence
means a residence located on a premises with a main residential
or nonresidential use and occupied only by a caretaker or guard employed
on the premises.
Carport
means a structure that is open on a minimum of three (3)
sides and designed or used to shelter vehicles. Also called “covered
parking area.”
Carwash, Automated:
A facility where a customer can have a motorcycle, automobile
and light load vehicle washed in exchange for financial consideration.
Carwash, Self-Serve:
A facility, typically coin-operated, used by the customer
to wash motorcycles, automobiles and light load vehicles.
Cemetery or mausoleum
means land used or intended to be used for the burial of
the human dead and dedicated for cemetery purposes, including columbariums[,]
crematories, mausoleums, and mortuaries when operated in conjunction
with and within the boundaries of such cemetery.
Cemetery, animal,
means the same as cemetery except only for the burial of
dead animals.
Certificate of occupancy
means an official certificate issued by the city through
the Building Official or his/her designee which indicates conformance
with the zoning regulations and building codes and which authorizes
legal use of the premises for which it is issued.
Check cashing business.
An establishment that provides one or more of the following:
A.
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;
B.
An agreement not to cash a check or execute an electronic transfer
of money for a specified period of time; or
C.
The cashing of checks, warrants, drafts, money orders, or other
commercial paper for compensation by any person or entity for a fee.
Child care center (or day care center)
means the care, supervision, training, or education of an
unrelated child or children (13 years old or younger) for less than
24 hours per day in a place other than the child’s own home.
City
means the City of Sansom Park, Texas.
City Manager or his/her designee
means the City Administrator, inspector or administrative
official charged with responsibility for issuing permits and enforcing
this Ordinance and building codes of the City.
Civic center
means a building or complex of buildings that house municipal
offices and services, and which may include cultural, recreational,
athletic, food service, convention and/or entertainment facilities
owned and/or operated by a government agency.
College or university
means an institution established for educational purposes,
accredited or recognized by the state, offering courses for study
beyond the secondary education level and covering a program or series
of programs of academic study.
Community home
means community-based residential home as defined and regulated
by Chapter 123, Human Resources Code, of the Texas state statutes.
Comprehensive plan
means the plan adopted by the City that consists of graphic
and textual policies which govern the future development of the City
and which consists of various components governing specific geographic
areas and functions and services of the City.
Concrete batching plant (temporary)
means a temporary manufacturing facility for the production
of concrete or asphalt during construction of a project, and to be
removed when the project is completed.
Convenience Store
with or without gasoline sales means a retail establishment
that sells food and other consumable and nonconsumable products for
off-premise use or consumption. This definition shall also include
the dispensing or sale of motor vehicle fuels, lubricants, and accessories,
but shall not include automotive repair or the sale of replacement
parts.
Copy shop or printing shop
means an establishment which reproduces, in printed form,
individual orders from a business, profession, service, industry or
government organization and occupies less than 4,000 square feet.
Country club (private)
means a land area and buildings which may include a golf
course, clubhouse, dining room, swimming pool, tennis courts and similar
recreational or service uses available only to members and their guests.
Court
means an open, unobstructed space, bounded on more than two
sides by the walls of a building. An inner court is entirely surrounded
by the exterior walls of a building. An outer court has one side open
to a street, alley, yard, or other permanent open space.
Density
means the total number of residential buildings allowed upon
a given tract of land usually expressed in total number of units per
gross acres or net acre.
Detached
means having no physical connection above the top of the
floor line of the first floor with any other building or structure.
Distribution center
means a building or facility used for the storage and distribution
of wholesale items/products.
Fairgrounds or exhibition area
means an area or space either outside or within a building
for the display of promoting agricultural, horticultural, mechanical,
and domestic arts, fine arts, and allied sciences including but not
limited to temporary and seasonal educational, exhibition and entertainment
events.
Family
means one or more individuals occupying a dwelling unit and
living together as a single household unit with common access to,
and common use of, all facilities comprising the dwelling unit.
Family home (residential child care)
means a child-care facility that provides care for not more
than six children for 24 hours a day, as defined and regulated by
Chapter 42, Human Resources Code, of the Texas state statutes.
Farm, ranch, garden, crops or orchard
means an area used for growing usual farm products, vegetables,
fruits, trees, and grain and for the raising thereon of the usual
farm animals such as horses, cattle, and sheep and including the necessary
accessory uses for raising, treating, and storing products raised
on the premises, but not including the commercial feeding of offal
or garbage to swine or other animals and not including any type of
agriculture or husbandry specifically prohibited by ordinance or law.
Feed and grain store
means an establishment for the selling of corn, grain and
other foodstuffs for animals and livestock, and including implements
and goods related to agricultural processes, but not including farm
machinery.
Financial Institution
means an establishment for the custody, loan exchange, and/or
issue of money, the extension of credit, and/or facilitating the transmission
of funds.
Fire, police or municipal building
means any public service building of the municipal government
including a library or city hall, but excluding storage yards, utility
shops and equipment centers.
Floodplain
means an area of land subject to inundation by a 100-year
frequency flood as determined using standard engineering practices
and generally as shown on the FIRM, Flood Insurance Rate Map of the
city.
Floor area
means the total gross square feet of floor space within the
outside dimensions of a building including each floor level, but excluding
carports, residential garages, and breezeways.
Floor area ratio (FAR)
means the floor area of a main building or buildings on a
lot, divided by the lot area.
Florist shop
means an establishment for the display and retail sale of
flowers, small plants and accessories.
Food processing
means a manufacturing or light industrial use that primarily
deals with the processing and packaging of food products that are
intended for human consumption, but which are not typically sold in
volume to end users on the premises. Incidental retail sales of food
products created and packaged on the premises may be allowed as an
accessory use.
Food Truck Park:
The stationary operation of three (3) or more “mobile
food vendors” clustered together on a single private property
site, public property site, or within a specific section of public
right-of-way.
Funeral home or mortuary
means 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 and the display of the deceased and ceremonies
connected therewith before burial or cremation.
Furniture, home furnishings or appliance store
means a retail store selling goods for furnishing the home
including, but not limited to furniture, floor coverings, draperies,
glass and chinaware, domestic stoves, refrigerators, and other household
electrical and gas appliances.
Garage, private,
means an accessory building, or a part of a main building,
that is enclosed on at least three sides, used for storage of automobiles
and used solely by the occupants and their guests. Also called “enclosed
parking space.”
Garage, Storage (Parking).
A building or portion thereof, other than a private garage,
used exclusively for parking or storage of self-propelled vehicles,
but with no other services provided except facilities for washing.
Garden shop
means a facility which is engaged in the selling of flowers,
ornamental plants, shrubs, trees, seeds, garden and lawn supplies,
and other materials used in planting and landscaping, but not including
cultivation and propagation activities outside a building.
Golf course
means an area improved with trees, greens, fairways, hazards,
and which may include clubhouses.
Gymnastic or dance studio
means a building or portion of a building used as a place
of work for a gymnast or dancer or for instructional classes in gymnastics
or dance.
Heavy load vehicle
means a self-propelled vehicle having a manufacturer’s
recommended gross vehicle weight (GVW) of greater than 16,000 pounds
(including trailers), such as large recreational vehicles, tractor-trailers,
buses, vans, and other similar vehicles. The term “truck”
shall be construed to mean “heavy load vehicle” unless
specifically stated otherwise.
Heavy machinery sales and storage
means a building or open area used for the display, sale,
rental or storage of heavy machinery, tractors or similar machines,
or a group of machines which function together as a unit.
Height of buildings:
The vertical distance of a building measured from the average
established grade at the street line or from the average natural front
yard ground level, whichever is higher, to:
A.
the highest point of the roof’s surface if a flat surface,
B.
to the deck line of mansard roofs, or,
C.
to the average height of the highest roof surface.
Home occupation
means an occupation commonly carried on within a home by
a member of the occupant’s family occupying the dwelling. The
use of the home as an occupation shall be incidental and subordinate
to the use of the home as a dwelling.
Hospital
means an institution providing health services primarily
for human inpatient medical or surgical care for the sick or injured
and including related facilities such as laboratories, outpatient
departments, training facilities, central services facilities, and
staff offices which are an integral part of the facilities. Hospitals
can be limited purpose establishments, such as:
A.
Acute care
means an institution where sick or injured patients are given
medical and/or surgical treatment intended to restore them to health
and an active life, and which is licensed by the state.
B.
Chronic care
means an institution where those persons suffering from illness,
injury, deformity and/or deficiencies pertaining to age are given
care and treatment on a prolonged or permanent basis and which is
licensed by the state.
Hotel
means a facility offering temporary lodging accommodations
or guestrooms on a daily rate to the general public and providing
additional services, such as restaurants, meeting rooms, housekeeping
service and recreational facilities. A “guestroom” shall
be defined as a room designed for the overnight lodging of hotel guests
for an established rate or fee. Guestrooms shall be accessed internally
from the structure.
Household appliance service and repair
means the maintenance and rehabilitation of appliances that
are customarily used in the home including, but not limited to, washing
and drying machines, refrigerators, dishwashers, trash compactors,
ovens and ranges, countertop kitchen appliances, vacuum cleaners,
etc., but not including appliances/equipment which have internal combustion
engines.
Independent Senior Living Facility.
A facility containing dwelling units, accessory uses, and
support services specifically designed for occupancy by persons 60
years of age or older. Such facilities may include accommodations
for people who are fully ambulatory or who require no medical or personal
assistance or supervision, as well as accommodations for people who
require only limited or intermittent medical or personal assistance.
Industrial, manufacturing and assembly
means establishments engaged in the manufacturing or transformation
of materials into new products. These establishments are usually described
as plants and factories, and characteristically use power-driven machines
and materials handling equipment. Manufacturing production is usually
carried on for the wholesale market, rather than for direct sale to
the domestic consumer.
Kennels (indoor pens)
means an establishment with indoor pens in which more than
four dogs or domesticated animals more than one year old are housed,
groomed, bred, boarded, trained and/or sold for commercial purposes.
Kennels (outdoor pens)
means an establishment with outdoor pens in which more than
four dogs or domesticated animals more than one year old are housed,
groomed, bred, boarded, trained and/or sold for commercial purposes.
Laboratory, scientific or research,
means an establishment that engages in research, testing
or evaluation of materials or products, but not medically related
(see “Medical facilities” and “Medical laboratory”).
Landscaping
means material such as, but not limited to, grass, ground
covers, shrubs, vines, hedges, trees or palms, and nonliving durable
materials that are commonly used in landscaping such as, but not limited
to, rocks, pebbles, sand, walls or fences, but excluding paving.
Light load vehicle
means a self-propelled vehicle having a manufacturer’s
recommended gross vehicle weight (GVW) not greater than 16,000 pounds
and having no more than two axles, such as pickup trucks, sport utility
vehicles, vans and minivans, recreational vehicles (less than thirty-two
(32') feet in length), campers and other similar vehicles but not
including automobiles and motorcycles.
Loading space
means an off-street space or berth used for the delivery
and loading/unloading of vehicles.
Local utility line
means the facilities provided by a municipality or a franchised
utility company for distribution or collection of gas, water, surface
drainage water, sewage, electric power or telephone service, including
pad-mounted and pole-mounted transformers.
Lot
means a platted (as specified in Chapter 212 of the Texas
Local Government Code, as amended) parcel of land that is occupied
or intended to be occupied by one main building or a group of main
buildings and any accessory building, which includes such parking,
landscaping and open space as are required by this Ordinance or other
laws and/or ordinances, and also which has its principal frontage
upon a public street.
Lot area
means the total area, measured on a horizontal plane, included
within lot lines.
Lot, corner,
means a lot which has at least two adjacent sides abutting
for their full lengths upon a street, provided that the interior angle
at the intersection of such two sides is less than 135 degrees.
Lot coverage
means the percentage of a lot covered by primary and accessory
buildings.
Lot depth
means the mean horizontal distance between the front and
rear lot lines which create an area that meets the zoning district’s
minimum width and depth requirements.
Lot, double frontage,
means a lot having frontage upon two nonintersecting streets,
as distinguished from a corner lot.
Lot frontage
means that dimension of a lot or portion of a lot abutting
onto a street, excluding the side dimension of a corner lot.
Lot, key,
means a corner lot whose exterior side is adjacent to the
front yard of another lot.
Lot of record
means a lot which is part of a subdivision, the plat of which
has been recorded in the office of the county clerk.
Lot width
means the horizontal distance measured between side lot lines
parallel to the front lot line, and measured from the point on the
building line which is closest to the front lot line.
Main building
means the building or buildings on a lot which are occupied
by the primary use.
Manufactured housing
means any one of two types of prefabricated housing products
which are typically manufactured/assembled at a location other than
the end user’s permanent site, and which are regulated by the
Texas Manufactured Housing Standards Act, Chapter 1201 of the Texas
Occupations Code, as amended. For the purpose of this Ordinance, there
are two types of manufactured homes:
A.
Mobile home
means a moveable dwelling designed to be transported on its
own chassis on the highway (either intact or in major sections) by
a prime mover, which is constructed with a base section so as to be
independently self-supporting, and which does not require a permanent
foundation for year-round living. A mobile home is also defined as
any manufactured home that was constructed prior to June 15, 1976.
B.
HUD-Code manufactured home
means a moveable dwelling designed to be transported on the
highway (either intact or in major sections) by a prime mover, which
can be used as a residential dwelling either with or without a permanent
foundation. A HUD-Code manufactured home is also defined as a moveable
manufactured home that was constructed after June 15, 1976.
Masonry construction
means that form of construction composed of brick, stone,
decorative concrete block or tile, or other similar building units
or materials (or combination of these materials) laid up unit by unit
and set in mortar, and shall exclude wall area devoted to doors and
windows.
Medical facilities
means:
A.
Medical clinic or office
means a facility or group of offices for one or more physicians
for the examination and treatment of ill and afflicted human outpatients
provided that patients are not kept overnight except under emergency
conditions.
C.
Public health center
means a facility primarily utilized by a health unit for
providing public health services including related facilities such
as laboratories, clinics and administrative offices operated in connection
herewith.
D.
Surgical outpatient facility
means an establishment offering any type of surgical procedures
and related care which, in the opinion of the attending physician,
can be performed safely without requiring inpatient overnight hospital
care and exclusive of such surgical and related care as licensed physicians
ordinarily may elect to perform in their private offices.
E.
Medical laboratory
means an indoor establishment that includes laboratories
and/or experimental equipment for medical testing, prototype design
and development, and product testing.
Model home
means a 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 within the
same subdivision.
Motel.
A building or group of buildings designed for and occupied
as, a temporary dwelling place and that is not classified as a hotel.
Guest room access for a motel is from the exterior of the building
and not an internal hallway.
Motor freight company
means a company using trucks or other heavy load vehicles
to transport goods, equipment and similar products. The term “motor
freight company” includes companies that move residential or
commercial belongings.
Multiple-family dwelling
means three or more dwelling units on a single lot designed
to be occupied by three or more families living independently of one
another, exclusive of hotels or motels. Includes three-family units
(triplex) and four-family units (quadraplex), as well as traditional
apartments.
Municipal facility or use
means any area, land, building, structure and/or facility
which is owned, used, leased or operated by the city.
Nonconforming use
means a building, structure, or use of land lawfully occupied
as of the effective date of this Ordinance, which does not conform
to the use regulations of the district in which it is situated.
Non-depository financial institution.
Any check cashing business, payday advance/loan business,
or car title loan business as defined in this section. This definition
excludes:
A.
A state or federally chartered bank, savings and loan association
or credit union, or pawnshop; and
B.
A convenience store, supermarket, or other retail establishment
where consumer retail sales constitute at least seventy-five percent
(75%) of the total gross revenue generated on-site.
Nursery
means an establishment, including a building, part of a building
or open space, for the growth, display and/or sale of plants, shrubs,
trees and other materials used in indoor or outdoor planting.
Nursing home,
means a facility or area furnishing food and shelter in single
or multiple facilities to five or more persons who are not related
by blood, marriage, or adoption to the owner or proprietor of the
establishment. In addition, the facility provides minor treatment
under the direction and supervision of a physician, or provides a
service which meets some need beyond the basic provision of food,
shelter, and laundry.
Occupancy
means the use or intended use of the land or buildings by
proprietors or tenants.
Office center
means a building or complex of buildings used primarily for
conducting the affairs of a business, profession, service, industry,
government or similar entity that may include ancillary services for
office workers such as a coffee shop, newspaper stand, sundries shop,
hair/nail salon, etc.
Office showroom
means an establishment with no more than twenty-five percent
(25%) of its total floor area devoted to storage and warehousing,
but not accessible to the general public. The remaining area may include
retail and wholesale sales areas, sales offices, and display areas
for products sold and distributed from the storage and warehousing
areas.
Office warehouse
means an establishment with more than twenty-five percent
(25%) of the total floor area devoted to storage and warehousing,
but not generally accessible to the public.
Offices, professional and general business,
means a room or group of rooms used for the provision of
executive, management and/or administrative services. Typical uses
include administrative offices and services including real estate,
insurance, property management, investment, personnel, travel, secretarial
services, telephone answering, and business offices of public utilities,
organizations and associations; but excluding medical offices. A room
or group of rooms used for the provision of executive, management
and/or administrative services. Typical uses include administrative
offices and services including real estate, insurance, property management,
investment, personnel, travel, secretarial services, telephone answering,
and business offices of public utilities, organizations and associations;
but excluding medical offices. [sic]
Oil and gas extraction
means any uses that create an oil or gas well drilled, to
be drilled, or used for the intended or actual production of natural
gas or other hydrocarbons.
Outside display
means outside temporary display of finished goods that are
specifically intended for retail sale but not displayed outside overnight.
Outside storage
means the keeping, displaying or storing, outside a building,
of any goods, materials, merchandise or equipment on a lot or tract
for more than twenty-four (24) hours. Also referred to as open storage.
Paint shop
means a commercial establishment where painting services
are performed, but not automotive-related painting services. (For
automotive-related painting services see “Automobile repair,
major.”)
Parking lot
means an off-street, ground level area, paved in accordance
with city parking lot standards, for the short-term or long-term storage
of motor vehicles.
Parking space
means an off-street area, paved in accordance with city parking
lot standards, that is used for parking a vehicle, and that is accessed
from a paved driveway which connects the parking space with a public
street.
Pawnshop
means an establishment where money is loaned on the security
of personal property pledged in the keeping of the owners (pawnbroker).
Retail sales of primarily pre-owned items are also allowed, provided
that the sale of such items complies with local, state and federal
regulations.
Payday advance/loan business:
An establishment that makes small consumer loans, usually
backed by a postdated check or authorization to make an electronic
debit against an existing financial account, where the check or debit
is held for an agreed-upon term, or until a customer’s next
payday, and then cashed unless the customer repays the loan to reclaim
such person’s check. Such establishments may charge a flat fee
or other service charge and/or a fee or interest rate on the size
of the loan amount.
Personal service shop or custom personal services
means establishments less than 2,000 square feet in gross
floor area, primarily engaged in providing services generally involving
the care of the person or his apparel and including, but not limited
to, barber/beauty shops, dressmaking, shoe shining and repair, dry
cleaning and laundry pickup stations, tailor or seamstress services,
and other similar types of uses. No outside storage permitted.
Pet and animal grooming shop
means a retail establishment offering small animals, fish
and/or birds for sale as pets, where such creatures are housed within
the building, and which may include the grooming of dogs, cats and
similar animals.
Petroleum distribution/storage/wholesale facility
means a facility for the long-term storage and distribution
of petroleum that may also involve wholesale sales, but not retail
sales, of petroleum and petroleum-based products. No manufacturing
or refining of petroleum or petroleum-based products occurs on the
premises, only storage and/or distribution functions.
Planned development district
means planned associations of uses developed as integral
land use units, 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 as integral land use units either by a single
owner or by a combination of owners.
Plat
means a plan showing the subdivision of land, creating building
lots, showing all essential dimensions and other information in compliance
with the subdivision standards of the city, and which is approved
by the city and recorded in the plat records of the county.
Portable building sales
means an establishment which displays and sells structures
capable of being carried and transported to another location, but
not including manufactured housing, as defined by this Ordinance.
Porte-cochere:
A roofed structure covering a driveway at the entrance of
a building to provide shelter while entering or leaving a vehicle.
Premises
means land together with any buildings or structures situated
thereon.
Primary use
means the principal or predominant use of any lot or building.
Private club
means an establishment providing social and/or dining facilities
which may provide alcoholic beverage service, to an association of
persons, and otherwise falling within the definition of, and permitted
under the provisions of, that portion of Chapter 32 of the Texas Alcoholic
Beverage Code, as amended, as the same may be hereafter amended, and
as it pertains to the operation of private clubs.
Private recreation facility or private park
means a recreation facility, park or playground which is
not owned by a public agency such as the city or school district,
and which is operated for the exclusive use of private residents or
neighborhood groups and their guests and not for use by the general
public.
Produce stand
means a seasonal temporary use for which the primary purpose
and design is to sell fruit, nuts, vegetables and similar foods. No
cooking or on-premises consumption of produce occurs on the site.
Professional service
means work performed which is commonly identified as a profession,
and which may be licensed by the state.
Propane Sales:
Retail or wholesale sales of gaseous substances commonly
used for household purposes such as propane and/or butane; does not
include the storage, sale or distribution of other types of combustible
substances or alternative fuels such as containerized natural gas,
liquid propane, etc.
Propane Sales as an Accessory Use to a Retail Facility:
Principally a retail establishment that derives 10 percent
or less of its gross revenue on an annual basis from the sales of
gaseous substances commonly used for household purposes such as propane
and/or butane; does not include the storage, sale or distribution
of other types of combustible substances or alternative fuels such
as containerized natural gas, liquid propane, etc.
Public agency building, shop, yard or facility
means any building, land, area and/or facility (including
maintenance/storage yards and shops) which is owned, leased, primarily
used and/or occupied by any governmental entity or agency of the following:
the state, the United States, or other public utility or agency. Any
facility which is owned, leased, used and/or occupied by the city
is defined as “municipal facility or use.”
Public Entertainment Establishment:
An establishment which is open to the general public wherein
the occupation is to primarily provide entertainment to adult customers
to include such activities as dancing, billiards/pool, karaoke, and
may include an arcade and other similar entertainment activities.
Public recreation
means publicly owned and operated parks, recreation areas,
playgrounds, swimming pools and open spaces that are available for
use by the general public without membership or affiliation. This
land use shall include special event type uses such as rodeos, concerts,
festivals and other special events requiring special event permits,
as set forth in this Ordinance.
Public view
means areas that can be seen from any public street.
Recreation center
means a place designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational
activities.
Recreational vehicle (RV)
means a self-propelled, mobile living unit which is typically
used for temporary human occupancy away from the users’ permanent
place of residence. A recreational vehicle may also be utilized as
a permanent place of residence within districts that allow them to
be used as such. (See also “Heavy load vehicle.”)
Recreational vehicle (RV) park
means an area or commercial campground for users of recreational
vehicles, travel trailers, and similar vehicles to reside, park, rent
or lease on a temporary basis. (See also “Manufactured home
park.” [sic])
Recycling kiosk
means a small uninhabited structure, not to exceed one hundred
twenty (120) square feet, or temporary container which provides a
self-service location for the depositing of recyclable materials such
as aluminum cans, glass bottles, magazines/newspapers, metal or plastic
containers, etc. Recyclables are picked up periodically from the site.
This definition does not include large trailers or manned collection
centers.
Rehabilitation care facility (halfway house)
means a dwelling unit which provides residence and care to
not more than nine persons regardless of legal relationship who have
demonstrated a tendency towards alcoholism, drug abuse, mental illness,
or antisocial or criminal conduct living together with not more than
two supervisory personnel as a single housekeeping unit.
Rehabilitation care institution
means a facility which provides residence and care to ten
or more persons, regardless of legal relationship, who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial
or criminal conduct together with supervisory personnel.
Religious Institution
means a building for regular assembly for religious worship
which is used primarily and designed for such purpose and those accessory
activities which are customarily associated therewith, and the place
of residence for ministers, priests, nuns or rabbis on the premises.
For the purposes of this Ordinance, religious study and other similar
activities which occur in a person’s primary residence shall
not apply to this definition.
Residence
means the same as a dwelling; also, when used with district,
an area of residential regulations.
Restaurant:
An establishment principally for the sale and consumption
of food on the premises. (This use does not include a restaurant with
drive-in or drive-through service.)
Restaurant - Drive-Through or Drive-In:
A restaurant with drive-in service is an establishment principally
for the sale and consumption of food where food service is provided
to customers in motor vehicles for consumption on the premises. A
restaurant with drive-through service is an establishment principally
for the sale and consumption of food which has direct window service
allowing customers in motor vehicles to pick up food for off-premises
consumption.
Retail or service, incidental,
means the rendering of retailing or services incidental to
the primary use. Such retail or service use shall be operated for
the benefit of convenience of the employees, visitors or customers
of the primary use. Incidental uses shall mean uses which occupy less
than fifteen percent (15%) of the main use.
Retail store or shop
means an establishment engaged in the selling of goods and
merchandise to the general public for personal or household consumption
and rendering services incidental to the sale of such goods. (Also
see “General retail stores.” [sic])
Room
means 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.
School, business,
means a for-profit business that offers instruction and training
in a profession, service or art such as a secretarial or court reporting
school, barber/beauty college or commercial art school, but not including
commercial trade schools.
School, commercial trade,
means a for-profit business that offers vocational instruction
and training in trades such as welding, brick laying, machinery operation/repair,
and similar trades.
School, private (primary or secondary),
means a school under the sponsorship of a private agency
or corporation, other than a public or religious agency, which offers
a curriculum that is generally equivalent to public elementary and/or
secondary schools.
School, public or parochial,
means a school under the sponsorship of a public or religious
agency which provides elementary and/or secondary curricula, but not
including private business or commercial trade schools.
Screened
means shielded, concealed, and effectively hidden from the
view of a person standing at ground level on an abutting site, or
outside the area or feature so screened, by a fence, wall, hedge,
berm or similar architectural or landscape feature.
Seasonal uses
means the sales of items such as Christmas trees, pumpkins,
snow cones, fresh produce, and other items which are typically only
available at certain times of the year.
Self-Storage Facility
means small individual storage units for rent or lease, restricted
solely to the storage of items. The conduct of sales, business or
any other activity within the individual storage units, other than
storage, shall be prohibited.
Shopping center
means a group of primarily retail and service commercial
establishments that is planned, constructed and managed as a total
entity, and which provides customer and employee parking on-site,
unloading/delivery areas which are separated from customer access,
and aesthetically appropriate design and protection from the elements.
Single-family dwelling, attached,
means a dwelling that is part of a structure containing more
than two dwellings, which is joined to another dwelling at one or
more sides by a shared wall, which is designed for occupancy by one
family, and which is located on a separate lot delineated by front,
side and rear lot lines.
Single-family dwelling, detached,
means a dwelling designed and constructed as a freestanding
structure for occupancy by one family, and located on a lot or separate
building tract having no physical connection to a building located
on any other lot or tract.
Small engine repair shop
means a shop for the repair of lawnmowers, chainsaws, lawn
equipment, and other machines with one-cylinder engines.
Stable, commercial,
means a stable used for the rental of stall space or for
the sale or rental of horses or mules.
Stable, private,
means an area used solely for the owner’s private purposes
for the keeping of horses, mules or ponies which are not kept for
hire or sale.
Story
means that portion of a building (above grade) that is included
between the surface of any floor and the surface of the next floor
above it or, if there is no floor above it, then the space between
the floor and the ceiling above it. For the purposes of computing
building height pursuant to this Ordinance, the average height for
a story shall be defined as twelve feet (12'). The definition of a
story does not include parapets, gables and other normal roof structures.
In cases where the site has a significant slope, the number of stories
of a building shall be measured from a point representing the average
slope from front to back, or side to side, of the building.
Story, half,
means a space under a sloping roof which has the line of
intersection of roof decking and wall face not more than three feet
above the top floor level, and in which space not more than two-thirds
of the floor area is finished off for use. A half-story containing
an independent apartment or self-contained living quarters shall be
counted as a full story.
Street
means any dedicated public thoroughfare which affords the
principal means of access to abutting property.
Street intersection
means any street which joins another street at an angle,
whether or not it crosses the other.
Street yard
means the area between the building front line and the front
property line.
Structural alterations
means any change in the supporting members of a building,
such as load-bearing walls or partitions, columns, beams or girders,
or any substantial change in the roof or in the exterior walls.
Structure:
Anything constructed or built, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground.
Studio, health/reducing/fitness,
means, but is not limited to, an establishment which provides
facilities and equipment which are intended to promote health, fitness,
weight reduction and/or similar health-related activities. Such facilities
may include such accessory uses as food service, sales of sundries
and apparel, and child care services, provided that such accessory
uses are clearly incidental to the primary use and are for the use
of studio patrons only. No outside signage may be used to advertise
accessory uses.
Studio, tattoo or body piercing,
means a building or portion of a building used for selling
and/or applying tattoos, permanent cosmetics, and/or for piercing
the skin with needles, jewelry or other paraphernalia, primarily for
the purpose of ornamentation of the human body.
Swimming pool, commercial,
means a swimming pool with accessory facilities which is
not part of the municipal or public recreational system and which
is not a private swim club, but where the facilities are available
for use by the general public for a fee.
Swimming pool, private,
means a swimming pool constructed for the exclusive use of
the residents of a one-family, two-family or multiple-family dwelling
and located and fenced. A private swimming pool shall not be operated
as a business nor maintained in a manner to be hazardous or obnoxious
to adjacent property owners.
Temporary
means used or lasting for only a limited period of time;
not permanent.
Temporary building
means any nonresidential prefabricated structure which is
not originally manufactured or constructed at its use site, and does
not require on-site installation of utilities and/or foundation.
Temporary field office or construction yard or office
means a structure or shelter used in connection with a development
or building project for housing on the site of temporary administrative
and supervisory functions and for sheltering employees and equipment.
Temporary permits for one year for a specific time and location as
determined may be issued by the City Manager or his/her designee and
shall be subject to review and renewal for reasonable cause.
Tennis court, private,
means a surface designed and constructed for playing the
game of tennis along with all fencing, nets and related appurtenances
but excluding lighting for nighttime play in residential areas except
as may be otherwise provided or restricted by the specific use permit.
Trailer, hauling,
means a vehicle or device which is pulled behind an automobile
or truck and which is designed for hauling animals, produce, goods
or commodities, including boats.
Trailer rental
means the display and offering for rent of trailers designed
to be towed by automobiles and light load vehicles.
Transportation and utility structures/facilities
means permanent facilities and structures operated by companies
engaged in providing transportation and utility services including
but not limited to railroad track rights-of-way, sewage pumping stations,
telephone exchanges, transit station turnarounds, water reservoirs
and water pumping stations.
Truck
means a light or heavy load vehicle (see definitions for
“Light load vehicle” and “Heavy load vehicle”).
Truck and bus leasing
means the rental of new or used panel trucks, vans, trailers,
recreational vehicles or motor-driven buses in operable condition
and where no repair work or intensive cleaning operations are performed.
Truck and bus repair
means an establishment providing major and minor automotive
repair services to heavy load vehicles.
Usable open space
means an open area which is designed and intended to be used
for outdoor living and/or recreation purposes, and may include landscaping,
walks, recreational facilities, water features and decorative objects
such as artwork or fountains.
Use
means the purpose for which land or buildings are or may
be occupied in a zoning district.
Variance
means an adjustment in the application of the specific regulations
of this 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 of
the city can grant a variance.
Veterinarian clinic
means an establishment where animals and pets are admitted
for examination and medical treatment (also see “Kennels”).
Yard
means 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 where otherwise specifically provided
in this Ordinance that the building or structure may be located in
a portion of a yard required for a main building. In measuring a yard
for the purpose of determining the width of the side yard, the depth
of a front yard or the depth of a rear yard, the shortest horizontal
distance between the lot line and the main building shall be used.
Yard, front,
means an open, unoccupied space located in front of the front
elevation of a building and extending across a lot between the side
yard lines and being the minimum horizontal distance between the front
property line and the outside wall of the main building.
Yard, rear,
means an open, unoccupied area extending across the rear
of a lot measured between the lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the outside wall
of the main building. On both corner lots and interior lots, the rear
yard shall in all cases be at the opposite end of the lot from the
front yard.
Yard, side,
means an open, unoccupied area between the building and side
line of the lot and extending from the front lot line to the rear
lot line and being the minimum horizontal distance between a side
lot line and the outside wall of the side of the main building.
Zoning district
means a classification applied to any certain land area within
the city stipulating the limitations and requirements of land usage
and development.
Zoning district map
means the official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this Ordinance. (See Section
2.3 regarding the zoning district map and Section
2.4 regarding zoning district boundaries.)
(Ordinance 480-14 adopted 11/20/14)