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 parking (garages and commercial lots)
[sic]
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.
Bakery or confectionery (nonindustrial)
means a facility less than 1,500 square feet for the production and/or sale of baked goods.
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.
Carnival, circus or tent service (temporary)
means outdoor or indoor commercial amusement provided on a temporary basis.
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 Council
means the governing body of the City.
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.
Cleaning plant (commercial/wholesale)
means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.
Cleaning shop or laundry (small shop, pickup and self-service)
means a custom cleaning shop not exceeding 2,500 square feet of floor area and may include customer self-service laundry and cleaning.
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 or asphalt batching plant (permanent)
means a permanent manufacturing facility for the production of concrete or asphalt.
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.
Contractor’s shop with outside storage yard
means a building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.
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.
Drapery or furniture upholstering shop
means an establishment for the production, display and sale of draperies and soft coverings for furniture.
Electrical substation
means a subsidiary station in which electric current is transformed.
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.
Fraternal organization, lodge, civic club, or union
means an organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.
Front yard.
See “Yard, front.”
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.
General manufacturing.
See “Industrial, manufacturing.”
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.
Hauling or storage company.
See “Motor freight company.”
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.
Institution for alcoholic, narcotic or psychiatric patients
means an institution offering outpatient treatment to alcoholic, narcotic or psychiatric patients.
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.
Kindergarten or nursery school (private)
means an establishment where more than three children are housed for care and/or training during the day or portion thereof.
Laboratory equipment manufacturing
means a facility that makes or produces equipment or products used for research or testing.
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.
Laundromat or self-serve washateria
means a facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.
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.
-Image-10.tif
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.
-Image-11.tif
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, interior,
means a lot other than 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.
B. 
Dental office or doctor’s office
means the same as “medical clinic.”
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.
Motorcycle sales and repair
means the display, sale and/or servicing, including repair work, of motorcycles.
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]
Officially approved place of access
means access to a property, other than from a dedicated street, which is approved by the city.
Off-street parking incidental to main use
means off-street parking spaces provided in accordance with the requirements of this Ordinance, located on the lot or tract occupied by the main use.
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.”)
Park or playground (private).
See “Private recreation facility.”
Park or playground (public).
See “Public recreation.”
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 lot or structure, commercial (auto)
means an area or structure devoted to the parking or storage of automobiles that may or may not charge a fee.
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.
Platted lot.
See “lot” and “lot of record.”
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.
Principal building.
See “Main 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.
Rear yard.
See “Yard, rear.”
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/camper sales and leasing
means an establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.
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.
Residential district
means a district where the primary purpose is residential use.
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.
Roominghouse.
See “Boardinghouse.”
Salvage or reclamation of products
means the reclamation and storage of used products or materials. (See also “Wrecking yard.” [sic])
Sand, gravel or stone or mineral extraction and/or storage
means the process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.
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.
Side yard.
See “Yard, side.”
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.
Storage or wholesale warehouse
means a building used primarily for the storage of goods and materials.
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.
Telephone, internet, wireless, server farm and exchange, switching/relay or transmitting station
means a line for the transmission of telephone signals and a central office in which telephone lines, internet connections/servers are connected to permit communication including a business office, storage (inside or outside) or repair yards.
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.
Tool and machinery rental shop
means a building or a portion of a building used for the display and rental of tools, machinery and instruments.
Tractor sales.
See “Heavy machinery sales and storage.”
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.
Truck sales (heavy trucks)
means the display, sale or rental of new or used heavy load vehicles in operable condition.
Two-family dwelling (duplex)
means two attached dwellings in one structure, each designed to be occupied by one family.
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.
-Image-12.tif
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)