Use of Land and Buildings. Land and buildings
in each of the following classified districts may be used for any
of the following listed uses but no land shall hereafter be used and
no building or structures shall hereafter be erected, altered or converted
which is arranged or designed or used for other than those uses specified
for the district in which it is located as set forth by the following
schedule of uses:
1.
Legend
for interpreting schedule of uses:
|
X
|
Designates use permitted in district indicated by right
|
|
|
Designates use prohibited in district indicated
|
|
SU
|
Designates use may be approved as a Special Use Permit, Part
II, Section 17
|
|
ACCESSORY AND INCIDENTAL USES (30.1)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MH
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Accessory building to main use (30.1.1) No intermodal units,
shipping containers or railroad cars
|
X
|
X
|
X
|
X
|
SU
|
SU
|
X
|
X
|
X
|
|
Boat; boat trailer
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Billboard, advertising (30.1.2)
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Carport (30.1.3)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Construction yard (temporary) (30.1.4)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Home occupation (30.1.6)
|
X
|
X
|
X
|
X
|
|
|
|
|
X
|
|
Field or sales office (30.1.5)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Garage, private (30.1.7)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Motor home storage; not to be used for living quarters (no more
than 2)
|
X
|
X
|
X
|
SU
|
SU
|
SU
|
SU
|
SU
|
X
|
|
Trailer; travel trailer; cattle trailer, etc., storage; not
to be used for living quarters (30.1.8)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Intermodal units (including shipping containers)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
RESIDENTIAL TYPE USES (30.2)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MH
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Bed and breakfast (30.2.1)
|
X
|
|
|
|
X
|
|
|
|
|
|
Boarding and rooming house (30.2.2)
|
X
|
X
|
X
|
|
|
|
|
|
X
|
|
Dormitory (30.2.3)
|
|
X
|
|
|
|
|
|
|
|
|
Duplex (30.2.4)
|
|
X
|
|
|
|
|
|
|
|
|
Guesthouse (30.2.5)
|
X
|
X
|
X
|
|
|
|
|
|
X
|
|
Manufactured housing, HUD-code (30.2.7)
|
|
|
X
|
|
|
|
|
|
|
|
Manufactured home park (30.2.8)
|
|
|
X
|
|
|
|
|
|
|
|
Manufactured home subdivision (30.2.9)
|
|
|
X
|
|
|
|
|
|
|
|
Manufactured modular home (30.2.10)
|
|
|
X
|
|
|
|
|
|
|
|
Mobile home (30.2.11)
|
|
|
X
|
|
|
|
|
|
|
|
Motel, motor hotel, or motor lodge (30.2.14)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Multiple-family residence (30.2.15)
|
|
X
|
|
|
|
|
|
|
|
|
Residence hotel (30.2.16)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Retirement housing (30.2.17)
|
|
X
|
|
X
|
|
|
|
|
|
|
Servant’s or caretaker’s quarters (30.2.18)
|
X
|
X
|
|
|
|
|
|
|
X
|
|
Single-family dwelling, attached (30.2.19)
|
X
|
X
|
X
|
X
|
|
|
|
|
X
|
|
Single-family dwelling, detached (30.2.20)
|
X
|
X
|
X
|
X
|
|
|
|
|
X
|
|
Townhouse or row dwelling (30.2.21)
|
|
|
|
X
|
|
|
|
|
X
|
|
Travel trailer park (30.2.22)
|
|
|
|
|
X
|
|
|
|
|
|
Two-family dwelling (30.2.23)
|
|
X
|
|
X
|
|
|
|
|
X
|
|
EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES (30.3)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MH
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Athletic field
|
|
|
|
|
|
|
X
|
|
|
|
Cemetery or mausoleum (30.3.1)
|
|
|
|
|
|
|
X
|
|
|
|
Child-care center (30.3.2)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Church, rectory, place of worship (30.3.3)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Civic center (30.3.4)
|
|
|
|
|
X
|
|
X
|
|
|
|
College or university (30.3.5)
|
|
|
|
|
X
|
|
X
|
|
|
|
Community center, public (30.3.6)
|
|
|
|
|
X
|
|
X
|
|
|
|
Community center, private (30.3.7)
|
|
X
|
|
|
X
|
|
X
|
|
|
|
Continuing care facility (30.3.8)
|
|
|
|
|
|
X
|
|
|
|
|
Country club, private (30.3.9)
|
|
|
|
|
X
|
|
X
|
|
|
|
Exhibition area (30.3.10)
|
|
|
|
|
|
|
X
|
X
|
|
|
Fairgrounds (30.3.l 1)
|
|
|
|
|
|
|
X
|
X
|
|
|
Family home (group home) (30.3. 12)
|
X
|
X
|
X
|
X
|
|
|
|
|
|
|
Farm, ranch, or orchard (30.3.13)
|
X
|
|
|
|
|
|
|
|
X
|
|
Fraternal organization, lodge, or civic club (30.3.14)
|
|
|
|
|
|
X
|
X
|
|
|
|
Golf course (30.3.15)
|
|
|
|
|
|
|
X
|
|
X
|
|
Golf driving range
|
|
|
|
|
|
|
X
|
|
X
|
|
Greenhouse, commercial (30.3.16)
|
|
|
|
|
|
|
X
|
X
|
|
|
Greenhouse or plant nursery, noncommercial (30.3.17)
|
X
|
X
|
X
|
|
|
|
|
|
|
|
Health club; gymnasium (30.3.18)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Hospital (chronic long-term care) (30.3.19)
|
|
|
|
|
SU
|
SU
|
SU
|
SU
|
|
|
Hospital (30.3.20)
|
|
|
|
|
SU
|
SU
|
SU
|
SU
|
|
|
Household care facility (30.3.22)
|
SU
|
SU
|
|
|
|
|
|
|
|
|
Kennel (30.3.23)
|
|
|
|
|
|
|
|
X
|
X
|
|
Library (30.3.24)
|
|
|
|
|
X
|
X
|
|
|
|
|
Museum or art gallery (30.3.25)
|
|
|
|
|
X
|
X
|
|
|
|
|
Nursery school, kindergarten (30.3.26)
|
SU
|
SU
|
SU
|
SU
|
X
|
X
|
|
|
SU
|
|
Park, playground (public) (30.3.28)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Park, playground (private) (30.3.29)
|
SU
|
SU
|
SU
|
SU
|
X
|
X
|
|
|
SU
|
|
Personal care home (custodial care) (30.3.30)
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
X
|
|
Prison, jail, place of incarceration (30.3.31)
|
|
|
|
|
|
|
X
|
X
|
SU
|
|
Race track (30.3.32)
|
|
|
|
|
|
|
SU
|
SU
|
SU
|
|
Registered family home (30.3.33)
|
X
|
X
|
X
|
X
|
|
|
|
|
X
|
|
Rehabilitation care facility (30.3.34)
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
|
|
SU
|
|
Rehabilitation care institution (30.3.35)
|
|
|
|
|
|
|
SU
|
|
SU
|
|
Rest home or nursing home (30.3.36)
|
|
|
|
|
|
X
|
|
|
|
|
Rodeo arena and grounds (30.3.37)
|
|
|
|
|
|
|
|
|
X
|
|
School private/public (primary and/or secondary) (30.3.38 &
30.3.39)
|
X
|
X
|
X
|
X
|
|
|
|
|
X
|
|
School, trade or commercial (30.3.40)
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Shooting range, target range, outdoor (30.3.41)
|
|
|
|
|
|
|
|
SU
|
SU
|
|
Shooting range, target range, indoor (30.3.42)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Signs
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Stable, commercial (30.3.43a)
|
|
|
|
|
|
|
|
|
X
|
|
Stable, private (30.3.43b)
|
|
|
|
|
|
|
|
|
X
|
|
Stadium or play field, public (30.3.44)
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
|
Swimming pool, commercial (30.3.45)
|
|
X
|
X
|
X
|
X
|
|
|
|
X
|
|
Swimming pool, private (30.3.46)
|
X
|
X
|
X
|
X
|
SU
|
SU
|
|
|
X
|
|
TRANSPORTATION, UTILITY AND COMMERCIAL USES (30.4)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MB
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Airport, landing field (30.4.1)
|
|
|
|
X
|
|
|
X
|
X
|
X
|
|
Electric power generating plant (commercial) (30.4.2)
|
|
|
|
|
|
|
|
X
|
X
|
|
Electric power generating plant (private)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Electrical substation (30.4.3)
|
|
|
|
|
|
|
|
X
|
X
|
|
Electrical transmission line
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
|
Franchised utility (public or private) (30.4.4)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Gas metering station (30.4.5)
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
|
Gas transmission line
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
|
Heliport or helistop (30.4.6)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Landfill (30.4.7)
|
|
|
|
|
|
|
|
|
SU
|
|
Liquefied petroleum gas, storage, sale (no bulk plants) (30.4.8)
|
|
|
|
|
|
SU
|
X
|
X
|
|
|
Local utility distribution lines
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Radio, TV or microwave tower, amateur (30.4.9)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Radio, TV or microwave tower, commercial (30.410)
|
SU
|
SU
|
SU
|
SU
|
X
|
X
|
X
|
X
|
X
|
|
Railroad station (30.4.11)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Railroad team track & right-of-way (30.4.12)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Railroad track and right-of-way (30.4.13)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Service yards of government agency (30.4.14)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Sewage pumping station (30.4.15)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Sewage treatment plant (30.4.16)
|
|
|
|
|
|
|
|
|
X
|
|
Shops, office and/or storage area of public or private utility
(30.4.17)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Solid waste transfer station (30.4.18)
|
|
|
|
|
|
|
|
SU
|
|
|
Telephone exchange (30.4.19)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Telephone line
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Transit station or turnaround (30.4.20)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water pumping station or well (30.4.21)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water storage, elevated (30.4.22)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water storage, ground (30.4.23)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water treatment plant (30.4.24)
|
|
|
|
|
|
|
|
X
|
X
|
|
AUTOMOBILE AND RELATED SERVICE USES (30.5)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MH
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Auto leasing (30.5.1)
|
|
|
|
|
X
|
X
|
|
|
|
|
Auto paint and body shop (30.5.2)
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Auto parts sales (inside) (30.5.3)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Auto parts sales (outside) (30.5.4)
|
|
|
|
|
|
|
X
|
X
|
|
|
Auto repair (major/minor) (30.5.5)
|
|
|
|
|
|
|
X
|
X
|
|
|
Automobile and trailer sales area, new or used (30.5.6)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
Automobile service station/repair (30.5.7)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
Auto storage (30.5.8)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Auto wrecking yard or junk yard (30.5.9)
|
|
|
|
|
|
|
X
|
X
|
|
|
Bus terminal (30.5.l 0)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Carwash (30.5.11)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Motorcycle sales and service (30.5.12)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Parking lot or parking garage, automobile (30.5.13)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Parking lot or parking garage, truck (30.5.14)
|
|
|
|
|
|
X
|
X
|
X
|
SU
|
|
Quick oil change facility (30.5.15)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Quick tune-up facility (30.5.16)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Tire dealer (no outside storage)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Tire dealer (with outside storage)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Tire retreading and recapping
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Truck and bus leasing (30.5.17)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Truck and bus repair (30.5.18)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Truck or motor freight terminal (30.5.19)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Truck sales (30.5.20)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
OFFICE, RETAIL, COMMERCIAL, AND SERVICE TYPE USES (30.6)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MH
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Air conditioning & refrigeration contractor (30.6.l)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Amusement, commercial (indoor) (30.6.2a)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Amusement, commercial (outdoor) (30.6.2b)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Antique shop (30.6.3)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Arts, crafts store (inside sales) (30.6.4)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Arts, crafts store (outdoor sales, limited) (30.6.5)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Bakery and confectionery, retail sales (30.6.6a)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Bakery and confectionery, retail and commercial (30.6.6b)
|
|
|
|
|
|
X
|
X
|
|
|
|
Bank, savings and loan, credit union (30.6.7)
|
|
|
|
X
|
X
|
X
|
|
|
|
|
Bar
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Barber shop (30.6.8a)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Barber school or college (30.6.8b)
|
|
|
|
|
|
X
|
X
|
|
|
|
Beauty culture school; cosmetology spec. shop (30.6.8c)
|
|
|
|
|
|
X
|
X
|
|
|
|
Beauty shop (30.6.8d)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Billiard (pool) hall
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Boat sales and storage (30.6.9)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Brewery
|
|
|
|
|
|
|
X
|
X
|
|
|
Brewpub
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Building materials, hardware (inside storage) (30.6.11)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Building materials, hardware (outside storage) (30.6.12)
|
|
|
|
|
|
X
|
X
|
|
|
|
Business service (30.6.13)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Cabinet and upholstery shop (30.6.14)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Civic center
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Cleaning and dyeing, small shop (30.6.15)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Clinic, medical or dental (30.6.16)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Club, private (30.6.17)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Convenience store (30.6.18)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Custom personal service shop (30.6.19)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Dance hall/nightclub
|
|
|
|
|
|
|
X
|
X
|
|
|
Discount, variety, or department store (30.6.20)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Distillery
|
|
|
|
|
|
|
X
|
X
|
|
|
Drapery, needlework, or weaving shop (30.6.21)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Event center
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Feed & supply Store (30.6.22)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
Farm equipment, sales & service
|
|
|
|
|
|
X
|
X
|
X
|
SU
|
|
Farmer’s market
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Flea market (30.6.23)
|
|
|
|
|
X
|
X
|
|
|
|
|
Florist (30.6.24)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Food store; grocery store (30.6.25)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Furniture, appliance store (30.6.26)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Garden center (retail sales) (30.6.27)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
General merchandise store (30.6.28)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Gymnastic or dance studio (30.6.29)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Gym or fitness center
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Handcraft shop (30.6.30)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Heavy machinery sales
|
|
|
|
|
|
|
X
|
X
|
SU
|
|
Hotel, motel, motor hotel, or motor lodge
|
|
|
|
|
|
X
|
X
|
|
|
|
Household appliance service and repair (30.6.31)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Laboratory, medical or dental (30.6.32)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Laboratory, scientific or research (30.6.33)
|
|
|
|
|
X
|
X
|
X
|
|
X
|
|
Laundry and cleaning, commercial (30.6.34)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Laundry and cleaning, self-service (30.6.35)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Medical supplies, sales & service
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Metal dealer, secondhand (30.6.39a)
|
|
|
|
|
|
|
|
X
|
|
|
Metal dealer, crafted precious (30.6.39b)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Miscellaneous retail stores
|
|
|
|
|
X
|
X
|
|
|
|
|
Mortuary or funeral home (30.6.40)
|
|
|
|
|
|
X
|
X
|
|
|
|
Motel
|
|
|
|
|
|
X
|
X
|
|
|
|
Newspaper printing (30.6.41)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Office center (30.6.42)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Office, prof. or general administrative (30.6.43)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Office - showroom/warehouse (30.6.44)
|
|
|
|
|
|
X
|
X
|
|
|
|
Package store
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Pawn shop (30.6.45)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Pet shop (30.6.46)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Pharmacy (30.6.47)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Plumbing, heating, refrig. or air cond. business (30.6.48)
|
|
|
|
|
|
X
|
X
|
|
|
|
Plumbing service (30.6.49)
|
|
|
|
|
|
X
|
X
|
|
|
|
Portable building sales (30.6.50)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Post office, government and private (30.6.51)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Print shop (30.6.52)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Racquetball facilities (30.6.53)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Restaurant, with drive-through service
|
|
|
|
|
|
X
|
X
|
|
|
|
Restaurant or cafeteria, with drive-in or drive-through service
(30.6.54)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Restaurant or cafeteria, without drive-in or drive-through service
(30.6.55)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Restaurant with a mixed beverage (MB) or beer & wine (BG)
permit
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Retail shops and stores other than listed (30.6.56)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Secondhand store, furniture/clothing (30.6.57)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Service, retail (30.6.58)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Sexually oriented business
|
|
|
|
|
|
|
|
X
|
|
|
Shopping center (30.6.59)
|
|
|
|
|
|
X
|
X
|
|
|
|
Storage, repair or [of] furn. & appliance (inside)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Storage, repair or [of] furn. & appliance (outside)
|
|
|
|
|
|
X
|
X
|
|
|
|
Studio (photographer, musician, artist) (30.6.60)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Studio for radio and television (30.6.61)
|
|
|
|
|
|
X
|
X
|
|
|
|
Tanning salon
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Tattoo parlor
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Taxidermist (30.6.62)
|
|
|
|
|
|
X
|
X
|
|
X
|
|
Theater (indoor) (30.6.63)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Theater (outdoor) (30.6.64)
|
|
|
|
|
|
X
|
|
|
X
|
|
Tire dealer (inside storage) (30.6.65)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Tire dealer (inside [outside] storage) (30.6.66)
|
|
|
|
|
|
X
|
X
|
|
|
|
Tool rental shop (30.6.67)
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Trailer, manufactured housing or mobile home display and sales
(30.6.68)
|
|
|
|
|
|
X
|
X
|
|
|
|
Trailer rental (30.6.69)
|
|
|
|
|
|
X
|
X
|
|
|
|
Veterinarian clinic (no outside pens) (30.6.70)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Veterinarian clinic (outside pens) (30.6.71)
|
|
|
|
|
|
SU
|
X
|
X
|
|
|
Washateria (30.6.72)
|
|
|
|
X
|
X
|
X
|
X
|
|
|
|
Winery
|
|
|
|
|
|
|
X
|
X
|
X
|
|
MANUFACTURING, STORAGE, AND WAREHOUSING USES (30.7)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
TYPE OF USE
|
SF
|
MF
|
MB
|
PD
|
LC
|
GB
|
LI
|
HI
|
A
|
|
Acetylene gas manufacture or storage (30.7.1)
|
|
|
|
|
|
|
|
X
|
|
|
Acid manufacture
|
|
|
|
|
|
|
|
X
|
|
|
Advertising displays manufacture (30.7.2)
|
|
|
|
|
|
|
X
|
X
|
|
|
Alcohol manufacture
|
|
|
|
|
|
|
X
|
X
|
|
|
Ammonia, bleach or chorine manufacture
|
|
|
|
|
|
|
|
X
|
|
|
Apparel and other products assembled from finished textiles
|
|
|
|
|
|
|
X
|
X
|
|
|
Arsenal (30.7.3)
|
|
|
|
|
|
|
|
X
|
|
|
Asphalt manufacture or refining (30.7.4)
|
|
|
|
|
|
|
|
X
|
|
|
Blast furnace
|
|
|
|
|
|
|
|
X
|
|
|
Boats, building or repair (30.7.5)
|
|
|
|
|
|
|
X
|
X
|
|
|
Boiler works (30.7.6)
|
|
|
|
|
|
|
|
X
|
|
|
Bookbinding, except hand binding (30.7.7)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Bottling works (30.7.8)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Brick, tile, pottery or terra-cotta manufacture, other than
handcraft (30.7.9)
|
|
|
|
|
|
|
|
X
|
|
|
Brooms or brushes, manufacture (30.7.10)
|
|
|
|
|
|
|
X
|
X
|
|
|
Cameras or other photographic equipment (30.7.11)
|
|
|
|
|
|
|
X
|
X
|
|
|
Candle manufacture (30.7.12)
|
|
|
|
|
X
|
X
|
X
|
|
|
|
Carpet manufacture or cleaning (30.7.13)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Celluloid manufacture or treatment (30.7.14)
|
|
|
|
|
|
|
|
X
|
|
|
Cement, lime, gypsum or plaster of Paris manuf. (30.7.15)
|
|
|
|
|
|
|
|
X
|
|
|
Ceramics, stone, glass, marble or porcelain products manufacture
(30.7.I6)
|
|
|
|
|
|
|
|
X
|
|
|
Chemical manufacturing (30.7.17)
|
|
|
|
|
|
|
|
X
|
|
|
Cleaning and dyeing; dry cleaning plant (30.7.18)
|
|
|
|
|
|
|
|
X
|
|
|
Coal, coke, or wood yard
|
|
|
|
|
|
|
|
X
|
|
|
Concrete, asphalt batching plat (perm.) (30.7.19)
|
|
|
|
|
|
|
|
X
|
|
|
Concrete, asphalt batching plant (temp.) (30.7.20)
|
|
|
|
|
|
|
|
X
|
|
|
Contractor’s shop and storage yard (temporary) (30.7.21)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Cosmetic manufacture (30.7.22)
|
|
|
|
|
|
|
X
|
X
|
|
|
Cotton gin (30.7.23)
|
|
|
|
|
|
|
|
X
|
|
|
Cotton seed oil manufacture (30.7.24)
|
|
|
|
|
|
|
|
X
|
|
|
Creosote treatment
|
|
|
|
|
|
|
|
X
|
|
|
Dairy projects processing, manufacturing (30.7.25)
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Disinfectant manufacture
|
|
|
|
|
|
|
|
X
|
|
|
Distillation of bones, coal or wood (30.7.26)
|
|
|
|
|
|
|
|
X
|
|
|
Drugs or pharmaceutical products manufacture (30.7.27)
|
|
|
|
|
|
|
X
|
X
|
|
|
Dye stuff manufacture
|
|
|
|
|
|
|
|
X
|
|
|
Electrical appliances, supplies, and machinery, assemble or
manufacture (30.7.28)
|
|
|
|
|
|
|
|
X
|
|
|
Electronic products, assembly (30.7.29)
|
|
|
|
|
|
|
|
X
|
|
|
Electronic products, manufacturing (30.7.30)
|
|
|
|
|
|
|
|
X
|
|
|
Emery cloth and sandpaper manufacture (30.7.31)
|
|
|
|
|
|
|
|
X
|
|
|
Explosives or fireworks manufacture or storage (30.7.32)
|
|
|
|
|
|
|
|
X
|
|
|
Fat rendering (30.7.33)
|
|
|
|
|
|
|
|
X
|
|
|
Fertilizer manufacture (30.7.34)
|
|
|
|
|
|
|
|
X
|
|
|
Fiberglass manuf. (30.7.35)
|
|
|
|
|
|
|
|
X
|
|
|
Fish smoking & curing
|
|
|
|
|
|
|
X
|
X
|
|
|
Food products processing (30.7.36)
|
|
|
|
|
|
|
|
X
|
|
|
Forge plant/blast furnace (30.7.37)
|
|
|
|
|
|
|
|
X
|
|
|
Foundry (iron, steel, brass or copper)
|
|
|
|
|
|
|
|
X
|
|
|
Fur good manufacture (not including tanning or dyeing) (30.7.38)
|
|
|
|
|
|
|
|
X
|
|
|
Furniture and upholstery manufacture (30.7.39)
|
|
|
|
|
|
|
|
X
|
|
|
Garbage, offal or dead animal reduction (30.7.40)
|
|
|
|
|
|
|
|
SU
|
SU
|
|
Gas manufacture (30.7.41)
|
|
|
|
|
|
|
|
X
|
|
|
General commercial plant (30.7.42)
|
|
|
|
|
|
|
|
X
|
|
|
General manufacturing (30.7.43)
|
|
|
|
|
|
|
|
X
|
|
|
Glass products (30.7.44)
|
|
|
|
|
|
|
|
X
|
|
|
Glue or gelatin manufacture (30.7.45)
|
|
|
|
|
|
|
|
X
|
|
|
Grain elevator (30.7.46)
|
|
|
|
|
|
|
|
X
|
|
|
Hatchery
|
|
|
|
|
|
|
|
X
|
|
|
Herbicide manufacture
|
|
|
|
|
|
|
|
SU
|
|
|
Household appliance products assembly & manufacture from
prefabricated parts
|
|
|
|
|
|
|
|
X
|
|
|
Ice production, dry or natural (30.7.47)
|
|
|
|
|
|
X
|
X
|
|
|
|
Industrial park (30.7.48)
|
|
|
|
|
|
|
X
|
X
|
|
|
Insect poison manufacture
|
|
|
|
|
|
|
|
SU
|
|
|
Junk or salvage yard (30.7.49)
|
|
|
|
|
|
|
|
SU
|
|
|
Laundry plant (30.7.50)
|
|
|
|
|
|
|
X
|
X
|
|
|
Light manufacturing (30.7.51)
|
|
|
|
|
|
|
X
|
X
|
|
|
Livestock feed yards (30.7.52)
|
|
|
|
|
|
|
|
|
X
|
|
Mattress manufacture or renovation
|
|
|
|
|
|
|
X
|
X
|
|
|
Meat processing/locker plant/frozen food products
|
|
|
|
|
|
|
X
|
X
|
|
|
Metal fabrication
|
|
|
|
|
|
|
|
X
|
|
|
Mill (grain, flour, food products) (30.7.54)
|
|
|
|
|
|
|
|
X
|
|
|
Mines and quarries (30.7.55)
|
|
|
|
|
|
|
|
X
|
|
|
Musical instrument manufacture (30.7.56)
|
|
|
|
|
|
|
X
|
X
|
|
|
Oil field service (30.7.57)
|
|
|
|
|
|
|
X
|
X
|
|
|
Oil, gas, other mineral extraction (30.7.58)
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
SU
|
|
Oilcloth or linoleum manufacture (30.7.59)
|
|
|
|
|
|
|
|
X
|
|
|
Ore reduction (30.7.60)
|
|
|
|
|
|
|
|
X
|
|
|
Orthopedic or medical appliance manufacture (30.7.61)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Paint oil, shellac, turpentine or varnish manufacture (30.7.62)
|
|
|
|
|
|
|
|
X
|
|
|
Paper products manufacture (30.7.63)
|
|
|
|
|
|
|
|
X
|
|
|
Petroleum products, sales (wholesale) (30.7.64)
|
|
|
|
|
|
|
X
|
X
|
|
|
Petroleum products, bulk quantities (30.7.65)
|
|
|
|
|
|
|
X
|
X
|
|
|
Pipe sales and supply (30.7.66)
|
|
|
|
|
|
|
X
|
X
|
|
|
Plastic products manufacture (not including processing or raw
materials)
|
|
|
|
|
|
|
|
X
|
|
|
Pump sales, repair and maintenance (30.7.67)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Scrap metal sales and storage (30.7.68)
|
|
|
|
|
|
|
|
X
|
|
|
Self-storage; mini-warehouse (30.7.69)
|
|
|
|
|
|
X
|
X
|
|
|
|
Sexually oriented business (30.7.70)
|
|
|
|
|
|
|
|
X
|
|
|
Sporting and athletic equipment manufacture (30.7.71)
|
|
|
|
|
|
|
X
|
X
|
|
|
Steel fabrication (30.7.72)
|
|
|
|
|
|
|
|
X
|
|
|
Storage/wholesale warehouse, light (30.7.73)
|
|
|
|
|
|
|
X
|
X
|
|
|
Storage/wholesale warehouse, heavy (30.7.74)
|
|
|
|
|
|
|
X
|
X
|
|
|
Tire recapping, vulcanizing
|
|
|
|
|
|
|
|
X
|
|
|
Tools or hardware manufacture (30.7.75)
|
|
|
|
|
|
|
X
|
X
|
|
|
Toys and novelty projects manufacture (30.7.76)
|
|
|
|
|
|
|
X
|
X
|
|
|
Window shade, awnings, Venetian blind manufacture (30.7.77)
|
|
|
|
|
|
X
|
X
|
X
|
|
|
Wrecking yard (junk or salvage yard) (30.7.78)
|
|
|
|
|
|
|
|
X
|
|
|
Yeast manufacture
|
|
|
|
|
|
|
X
|
X
|
|
(Ordinance 2015-05-21A, sec. 7,
adopted 5/21/15; Ordinance
2016-01-21A, secs. 1, 2, adopted 1/21/16; Ordinance 2019.03.021B adopted 3/21/19)
30.1
ACCESSORY
AND INCIDENTAL USES:
30.1.1
Accessory
Building to main use:
A building subordinate to and detached
from the main building and used for purposes customarily incidental
to the primary use of the premises and contributes to the comfort,
convenience and necessity of occupants of the principal building or
principal use served. (Accessory Use: A use that is customarily incidental
to the primary use of the premises which may or may not be located
within the main building.) This does not include railroad cars, intermodal
units or shipping containers.
30.1.2
Billboard,
Advertising:
Any sign which is supported by the ground
but not attached to the ground, or other object which is used primarily
to advertise to the general public for commercial purposes; is of
a temporary nature; is not directly connected to or in relation to
or in close proximity to a business, church, development or other
establishment that is being advertised.
30.1.3
Carport:
A structure open on a minimum of three (3) sides designed or
used to shelter vehicles, not to exceed thirty-six (36) feet on its
longest dimension.
30.1.4
Construction
Yard (Temporary):
A storage yard or assembly yard for
building materials and equipment directly related to a construction
project and subject to removal at completion of construction and subject
to same restrictions as Field Office. (Also see Section 32.2 [31.2]).
30.1.5
Field
or Sales Office (Temporary):
A building or structure,
of either permanent or temporary construction, used in connection
with a development or construction project for display purposes or
for housing temporary supervisory or administrative functions related
to development, construction or the sale of real estate properties
within the active development or construction project. Permits for
“temporary buildings” shall be issued for a period of
time not to exceed eighteen (18) months. Extensions may be granted
only by the City Council, any such permits granted may be revoked
if the City Council finds the use of the building or structure is
contrary to the intent of this section or results in increased noise,
traffic, or other conditions considered to be a nuisance or hazard[.]
30.1.6
Customary
Home Occupation:
An occupation, profession, domestic
craft, or economic enterprise which is customarily conducted in a
“residential dwelling” as hereinafter defined, subject
to compliance with each of the following conditions:
a)
“Residential
dwelling” shall mean a detached building designed, used and
occupied exclusively by members of one (1) family as a residence.
b)
Such
use shall be and remain incidental and subordinate to the principal
use of the residential dwelling as a family residence and the area
utilized for such occupation, profession, domestic craft, or economic
enterprise shall never exceed twenty-five percent (25%) of the total
of the floor area of the residential dwelling.
c)
Not
more than one (1) non-illuminated sign advertising the home occupation
shall be allowed; said sign shall be not more than one (1) square
foot in area and shall be mounted on the building in which the home
occupation is being conducted.
d)
The
residential dwelling shall maintain its residential character and
shall not be altered or remodeled in order to create any type of exterior
commercial appeal.
e)
No exterior
storage of material, equipment, and/or supplies used in conjunction
with such occupation, profession, domestic craft, or enterprise shall
be placed, permitted, or allowed on the premises occupied by the residential
dwelling.
f)
No offensive
noise, vibration, smoke, dust, odors, heat, or glare generated by
or associated with the home occupation shall extend beyond the property
line of the lot or tract on which the home occupation is being conducted.
g)
The
occupation, profession, domestic craft, or enterprise shall be conducted
wholly within the residential dwelling and no accessory building shall
be used in conjunction therewith.
h)
The
only equipment to be used in such occupation, profession, domestic
craft, or enterprise shall be that which is ordinarily used in a private
home in a like amount and kind.
i)
A home
occupation shall not generate such additional traffic as to create
a traffic hazard or disturbance to nearby residents.
30.1.7
Garage,
Private:
A detached accessory building or portion of
the main building for the parking or temporary storage of automobiles
of the occupants of the premises; if occupied by vehicles of others,
it is a storage space.
30.1.8
Trailer;
Travel Trailer/Cattle Trailer/Utility Trailer/Etc.:
Vehicle
designed to be drawn by another vehicle, attached to the towing vehicle
or used in conjunction with a motor vehicle. Used for transporting
property, passengers, animals, etc. wholly on its own structure.
30.2
RESIDENTIAL
USES.
30.2.1
Bed
and Breakfast:
An owner-occupied residential dwelling
designed for and used as a single-family dwelling that contains 8
or fewer guest rooms, where short-term lodging, with or without meals,
is provided for compensation to individuals or groups for no more
than 7 consecutive days. This definition shall not permit the operation
of a restaurant for customers other than the occupants of the guest
rooms. Parking shall be provided at a minimum of one space per bedroom.
30.2.2
Boarding
or Rooming House:
A building, other than hotel or multiple-family
dwelling, where lodging is provided to persons for compensation, and
where facilities for food preparation are not provided in individual
rooms. Facilities usually referred to as “bed and breakfast”
arrangements are included in this definition.
30.2.3
Dormitory:
A building in which housing is provided for individual students
under the general supervision or regulation of an accredited college
or university and as distinguished from an apartment, hotel, motel,
or rooming house. A dormitory may provide apartment units for guests,
faculty, or supervisory personnel on a ratio not to exceed one (1)
such apartment unit for each fifty (50) students for which the building
is designed. Individual rooms or suites of rooms may have cooking
facilities. The dormitory may include facilities such as a commissary
and/or snack bar, lounge, and study area, dining halls, and accessory
kitchen, recreation facilities, and laundry, provided that these facilities
are for the benefit and use of the occupants and their guests and
not open to the general public.
30.2.4
Duplex.
See Two-Family Dwelling, Section 30.1.20 [30.2.23].
30.2.5
Garden
(Patio) Home:
A freestanding, detached structure used
for residential purposes, built in accordance with standards set out
in Section 31.5.
30.2.6
Guesthouse:
Living quarters within a detached accessory building located
on the same premises with the main building, for use by temporary
guests of the occupants of the premises, such quarters having kitchen
facilities and not rented or otherwise used as a separate dwelling.
30.2.7
Manufactured
Housing, HUD-Code:
A structure, constructed on or after
June 15, 1976, according to the rules of the United States Department
of Housing and Urban Development, transportable in one (1) or more
sections, which, in the traveling mode, is eight (8) body feet or
more in width or forty (40) body feet or more in length, or, when
erected on-site, is three hundred twenty (320) or more square feet,
and which is built on a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning,
and electrical systems. All references in this ordinance to manufactured
housing or manufactured home(s) shall be references to HUD-Code Manufactured
Housing, unless otherwise specified.
30.2.8
Manufactured
Home (HUD-Code) Park:
Any tract of land under single
ownership of not less than one-half (l/2) acre and not more than ten
(10) acres approved for occupancy by manufactured housing and accessory
structures related thereto and designed and operated in accordance
with standards herein set forth or as set forth in any other ordinance
of the City of Overton relating to the location, use, construction,
operation, or maintenance of manufactured housing.
30.2.9
Manufactured
Home Subdivision:
A tract of land of not less than two
(2) acres which has been final platted of record in its entirety in
accordance with the subdivision regulations of the City for occupancy
primarily by HUD-Code manufactured housing and industrialized housing.
30.2.10
Manufactured Modular Homes:
“Modular Home”
means a structure or building module as defined by statute and under
the jurisdiction and control of the Texas Department of Labor and
Standards, installed and used as a residence by a consumer, transportable
in one (1) or more sections on a temporary chassis or other conveyance
device, and designed to be used on a permanent foundation system.
The term includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure. The term does not include a mobile
home as defined by statute; nor does it include building modules incorporating
concrete or masonry as the primary structural component.
30.2.11
Mobile Home:
A structure constructed before June 15,
1976, transportable in one or more sections which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length, or, when erected on-site, is three hundred twenty
(320) or more square feet, and which is built on a permanent foundation
when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems.
30.2.12
Mobile Home Park:
See Manufactured Home (HUD-Code) Park.
30.2.13
Mobile Home Subdivision:
See Manufactured Home (HUD-Code)
Subdivision.
30.2.14
Motel, Motor Hotel, or Motor Lodge:
A building or group
of buildings designed for and occupied as a temporary dwelling place,
providing four (4) or more room units for compensation. Units provided
for the customers and where the operation is supervised by a person
or persons in charge at all hours. A motel, motor hotel, or motor
lodge may include restaurants, club rooms, banquet halls, ballrooms
and meeting rooms as accessory uses.
30.2.15
Multiple-Family Residence.
Any building or portion thereof
which is designed, built, rented, leased, or let to be occupied as
three (3) or more dwelling units or apartments or which is occupied
as a home or place of residence by three (3) or more families living
in independent dwelling units.
30.2.16
Residence Hotel.
A multi-dwelling unit extended stay
lodging facility consisting of efficiency units or suites with a complete
kitchen suitable for long-term occupancy. Customary hotel services
such as linen, maid service, telephone, and upkeep of furniture shall
be provided. Meeting room, clubhouse and recreational facilities intended
for the use of residents and their guests are permitted. This definition
shall not include other dwelling units as defined in this ordinance.
30.2.17
Retirement Housing:
A development providing dwelling
units specifically designed for the needs of ambulatory or retired
persons. The following subsidiary uses shall be permitted to provide
on-site goods and services for residents and their guests, but are
not intended for use by the general public:
a)
cafeteria
and/or dining room
b)
library
c)
game
room
d)
swimming
pool and/or Jacuzzi
e)
exercise
room
f)
arts
and crafts facilities
g)
greenhouse
h)
housekeeping
service
i)
transportation
service
j)
snack
bar with a maximum of 350 square feet per 100 dwelling units
k)
beauty/barber
shop with a maximum of 250 square feet per 100 dwelling units or a
maximum of 450 square feet per 100 dwelling units
l)
convenience
retail shop with maximum of 350 square feet per 100 dwelling units
to provide for sale of food items, nonprescription drugs, small household
items, and gifts.
30.2.18
Servant’s, Caretaker’s, or Guards’ Residence:
An accessory building or portion of an accessory building located
on the same lot or grounds with the main building, containing not
more than one kitchen and at least one bathroom facility and used
as living quarters for a person or person employed on the premises
for not less than fifty percent (50%) of his/her actual working time,
and not otherwise used or designed as a separate place of abode, provided
the living area of such quarters shall not exceed six hundred (600)
square feet.
30.2.19
Single-Family Dwelling Attached:
A dwelling that is
part of a structure containing three (3) or more dwellings, each designed
and constructed for occupancy by one family, with each dwelling unit
attached by a common wall to another with a minimum length of attachment
of twenty (20) feet, in which each dwelling is located on a separate
platted lot.
30.2.20
Single-Family Dwelling, Detached:
A detached building
designed exclusively for occupancy by one (1) family, excluding manufactured
housing and modular homes.
30.2.21
Townhouse or Row Dwelling:
One of a series of not less
than three (3) nor more than ten (10) attached one (1) family dwellings
under common roof with common exterior wall, and separated from one
another by single partition walls without openings from basement to
roof. No townhouse dwelling unit is to be constructed above another
townhouse dwelling unit.
30.2.22
Travel Trailer Park:
Any tract of land under single
ownership, two (2) acres or more, where accommodations are provided
for travel trailer use.
30.2.23
Two-Family Dwelling:
A building designed for occupancy
by two (2) individuals or families living independently of each other
within separate units which have a common wall and are under one (1)
roof.
30.3
EDUCATIONAL,
INSTITUTIONAL, AND SPECIAL USES.
30.3.1
Cemetery/Mausoleum:
Land and buildings intended to be used for the burial of the
human dead and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums and mortuaries, if operated in connection
with and within the boundaries of such cemetery.
30.3.2
Child-Care
Center:
An establishment where four (4) or more children
are provided care, training, education, custody, treatment, or supervision
for less than 24 hours a day. The term “day-care center”
shall not include overnight lodging, medical treatment, counseling,
or rehabilitative services and does not apply to any school (Also
see Registered Family Home).
30.3.3
Church,
Rectory, or Place of Worship:
A building for regular
assembly for religious worship which is used primarily for such purpose
and customary accessory activities including a place of residence
for ministers, priests, rabbis, teachers, or directors on the premises.
30.3.4
Civic
Center:
A building or complex of buildings that houses
municipal offices and services and which may include cultural, convention
and/or entertainment facilities owned and/or operated by a governmental
agency.
30.3.5
College
or University:
An institution established for educational
purposes offering courses of study beyond the secondary education
level, but excluding trade and commercial schools.
30.3.6
Community
Center, Public:
A building or buildings dedicated to
social and/or recreational activities, serving the city or a neighborhood
and owned and operated by the city or by a nonprofit organization
dedicated to promoting the health, safety, morals, or general welfare
of the city.
30.3.7
Community
Center, Private:
A building or buildings dedicated to
social and/or recreational activities serving residents of a subdivision
or development which is operated by an association or incorporated
group for their use and benefit.
30.3.8
Continuing
Care Facility:
A place as defined in the Texas Continuing
Care Facility Disclosure and Rehabilitation Act in which a person
provides board and lodging, together with personal care services and
nursing services, medical services, or other health-related services,
regardless of whether the services and lodging are provided at the
same location, under an agreement that requires the payment of a fee
and that is effective for the life of the individual or for a period
of more than one (1) year, such individual or individuals being cared
for not being related by consanguinity (close relation or connection)
or affinity to the person providing the care. (Also see Household
Care Facility and Household Care Institution, and Personal Care Home.)
30.3.9
Country
Club (Private):
Land and buildings customarily containing
a golf course and a clubhouse and available only to specific private
membership; such a club may contain adjunct facilities such as private
club, dining room, swimming pool, tennis courts, and similar recreational
or service facilities.
30.3.10
Exhibition Area:
An area or space either outside or
within a building for the display of topic-specific goods or information.
30.3.11
Fairgrounds:
An area where outdoor fairs, circuses or
exhibitions are held.
30.3.12
Family Home:
A community-based
residential home operated by either the State of Texas, a nonprofit
corporation, a community center organized pursuant to State statute,
or an entity which is certified by the State as a provider for a program
for the mentally retarded. Family homes provide care for persons who
have mental and/or physical impairments that substantially limit one
or more major life activities. To qualify as a family home, a home
must meet the following requirements:
30.3.13
Farm, Ranch, or Orchard:
An area of five (5) acres or
more which is used for growing of usual farm products and/or raising
of usual farm products and animals 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 of [or] law. Farm, ranch, or
orchard use shall not cause a hazard to health by reason of unsanitary
conditions and shall not be offensive by reason of odors, dust, fumes,
noise, or vibrations or be otherwise detrimental to the public welfare.
30.3.14
Fraternal Organization, Lodge, or Civic Club:
An organized
group having a restricted membership and specific purpose related
to the welfare of the members.
30.3.15
Golf Course:
An area of twenty (20) acres or more improved
with trees, greens, fairways, hazards and which may include clubhouses.
30.3.16
Greenhouse or Plant Nursery, Commercial:
A place, often
including artificially heated and/or cooled buildings, where trees
or plants are raised and/or sold including related storage of equipment
for landscape contracting.
30.3.17
Greenhouse, Noncommercial:
A building, often artificially
heated and/or cooled, used as a location for cultivating plants which
are used by the grower and not sold as a commercial activity.
30.3.18
Health Club/Gymnasium:
A service establishment where
athletic facilities such as handball, swimming, track, exercise devices,
etc. are provided and may in addition include a whirlpool, sauna or
massage service for members who shall register each time they utilize
the club.
30.3.19
Hospital (Chronic and Acute Care); Long-Term Health-Care Facility:
An institution providing both inpatient health, personal care,
or rehabilitative services over a long period of time to persons chronically
ill, aged, or disabled due to injury and disease or to injured patients
who need medical or surgical treatment intended to restore them to
health and an active life and which is licensed by the State of Texas.
30.3.20
Hospital:
May be a public or private, profit or nonprofit
institution for the reception and treatment of the physically or mentally
handicapped, sick or injured, and shall be distinguished by its inpatient
facilities. It may also be an institutional sanctuary for the reception
of the aged, or for the physically or mentally ill, retarded, infirm
or deficient. Permitted accessory uses shall include medical and psychiatric
clinics, doctors offices, sale of medical and surgical specialties
and supplies, crutches, artificial members and appliances, training
in the use of artificial services, pharmacies and similar uses; provided,
however, that any such accessory use is so use-wide [use-wise] related
to the principal use as to be in fact an integral part of the total
purpose and is incorporated within the same building or complex; and
provided further, that the floor area occupied by all accessory uses
does not exceed one-third (1/3) of the total floor area. Whether or
not a questionable use is similar or an integral part of the total
purpose shall be subject to determination by the Board of Adjustment.
Hospital-related X-ray and laboratory facilities shall not be considered
accessory uses in computation or [of] area occupancy. This facility
shall be licensed by the State of Texas.
30.3.22
Household Care Facility:
A dwelling
unit which provides residence and care to not more than nine (9) persons,
regardless of legal relationship, who are elderly; disabled; orphaned,
abandoned, abused, or neglected children; victims of domestic violence;
or rendered temporarily homeless due to fire, natural disaster, or
financial adversity; living together with no more than two supervisory
personnel as a single housekeeping unit. (See also Household Care
Facility, Personal Care Home and Continuing Care Facility.)
30.3.23
Kennel:
Any lot or premises on which four (4) or more
dogs, cats or other domestic animals more than four (4) months of
age are housed or accepted for boarding, breeding, training, selling,
grooming and/or bathing for which remuneration is received.
30.3.24
Library:
Any institution for the loan or display of
books, tapes, objects of art or science which is sponsored by a public
or responsible quasi-public agency and which institution is open and
available to the general public.
30.3.25
Museum or Art Gallery:
An institution for the collection,
display and distribution of objects of art or science and which is
sponsored by a public or quasi-public agency and which facility is
open to the general public.
30.3.26
Nursery School; Kindergarten:
A child-care facility
offering a program four (4) hours or less per day for children who
have passed their second birthday but who are under seven years old.
30.3.27
Nursing Home:
See Rest Home or Nursing Home.
30.3.28
Park, Playground, or Recreation Center (Public):
An
open recreation facility or park owned and operated by a public agency
and available to the general public.
30.3.29
Park, Playground, or Recreation Center (Private):
A
privately owned park, playground, open space or building dedicated
to recreational activities, maintained by a community club, property
owners’ association, or similar organization.
30.3.30
Personal Care Home (Custodial Care):
An owner-occupied,
home-operated non-licensed facility for the elderly providing custodial
care to not more than three (3) individuals not related to the provider
of such care. Custodial care is that [type] of care which assists
elderly persons who are incapable because of physical or mental limitations
of performing routine daily activities and which do not require the
continuing attention of trained medical or paramedical personnel.
(Also see Continuing Care Facility.)
30.3.31
Prison/Jail/Place of Incarceration:
An institution for
confinement of persons convicted of crimes.
30.3.32
Race Track:
A facility used for the racing of motor-driven
vehicles and/or animals.
30.3.33
Registered Family Home:
A child-care facility that regularly
provides care in the caretaker’s own residence for not more
than six (6) children under 14 years of age, excluding the caretaker’s
own children, and that provides care after school hours for not more
than six (6) additional elementary school siblings of the other children
given care, but the total number of children, including the caretaker’s
own, does not exceed twelve (12) at any given time. (Also see Child-Care
Center.)
30.3.34
Rehabilitation Care Facility:
A dwelling unit which
provides residence and care to not more than four (4) 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.
30.3.35
Rehabilitation Care Institution:
A facility which provides
residence and care to five (5) or more persons, regardless of legal
relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct together
with supervisory personnel.
30.3.36
Rest Home or Nursing Home:
A place of residence or care
for persons suffering from infirmities of age or illness where care
is provided on a prolonged or permanent basis. This term shall include
a convalescent home.
30.3.37
Rodeo Arena & Grounds:
An enclosed area used for
public entertainment or performances featuring but not limited to
bronco riding, calf roping, steer wrestling, and horse riding.
30.3.38
School, Private (Primary or Secondary):
An institution
of learning having a curriculum equivalent to public schools but not
including specialty schools such as dancing, music, beauty, mechanical,
trade, or commercial schools.
30.3.39
School, Public (Primary or Secondary):
An institution
under the sponsorship of a public agency which offers instruction
in the several branches of learning and study required to be taught
in the public schools by the Education Code of the State of Texas
but not including specialty schools such as dancing, music, beauty,
mechanical, trade, or commercial schools.
30.3.40
School, Trade or Commercial:
Establishments, other than
public or parochial schools, private primary and secondary schools
or colleges, offering training or instruction on a trade, art, or
occupation.
30.3.41
Shooting Range/Target Range, Indoor:
A building designed
for the sport of shooting firearms at markers and targets for accuracy.
30.3.42
Shooting Range/Target Range, Outdoor:
A facility or
open area designed for the sport of shooting firearms at markers and
targets for accuracy.
30.3.43
Stable:
30.3.43a
Stable, Commercial:
A structure housing horses which
are boarded or rented to the public or any stable other than a private
stable, but not including a sale barn, auction or similar trading
activity.
30.3.43b
Stable, Private:
An accessory building set back from
adjacent property lines a minimum distance of one hundred (100) feet
and used for quartering horses, not to exceed one (1) horse per one
acre area of a farm or lot.
30.3.44
Stadium or Play Field, Public:
An athletic field or
stadium owned and operated by a public agency for the general public
including a baseball field, golf course, football field or stadium
which may be lighted for nighttime play.
30.3.45
Swimming Pool, Commercial:
A swimming pool with accessory
facilities, part of the facilities are available to the general public
for a fee.
30.3.46
Swimming Pool (Private):
A swimming pool constructed
for the exclusive use of the residents of a single-family, two-family
or apartment dwelling and located within the required side or rear
yards; however, a pool shall not be located closer than eight (8)
feet to any property line.
30.4
TRANSPORTATION,
UTILITY AND COMMUNICATIONS USES.
30.4.1
Airport,
Landing Field:
A place where an aircraft can land and
take off, usually equipped with hangars, facilities for refueling
and repair, and various accommodations for passengers and/or freight.
30.4.2
Electrical
Power Generating Plant:
A facility franchised by the
City that generates electricity from mechanical power produced by
gas, coal or nuclear fission.
30.4.3
Electrical
Substation:
A subsidiary station in which electric current
is transformed.
30.4.4
Franchised
Utility (Public or Private):
A licensed company able
to market utilities in a particular territory.
30.4.5
Gas
Metering Station:
Facility at which natural gas flows
are regulated and recorded.
30.4.6
Heliport
or Helistop:
A landing facility for rotary wind [wing]
aircraft which may include fueling or servicing facilities for such
craft.
30.4.7
Landfill:
An area of land used for trash and garbage disposal in which
the waste is buried between layers of earth to build up low-lying
land.
30.4.8
Liquefied
Petroleum Gas: Storage/Sale (No Bulk Plants):
An establishment
which may store or sell liquid petroleum gas. Facility must be in
conformance with local, state, and federal provisions.
30.4.9
Radio,
Television, or Microwave Communications Operators, Amateur:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals for private or personal use and not for the purpose
of operating a business and/or financial gain.
30.4.10
Radio, Television, or Microwave Communications Operations, Commercial:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals primarily for the purpose of operating a business
and/or financial gain.
30.4.11
Railroad Station:
Any premises for the transient parking
of trains and the loading and unloading of passengers.
30.4.12
Railroad Team Track and Right-Of-Way:
A facility/place
for the loading and unloading of materials on trains.
30.4.13
Railroad Track and Right-Of-Way:
Includes track and
undeveloped right-of-way, but does not include railroad stations,
sidings, team tracks, loading facilities, dock yards, or maintenance
areas.
30.4.14
Service Yard of Governmental Agency:
An area for the
servicing and storage of vehicles or other property of a governmental
agency.
30.4.15
Sewage Pumping Station:
A facility for pumping sewage.
30.4.16
Sewage Treatment Plant:
A facility for receiving and
treating sewage from the City sewer system.
30.4.17
Shops, Office, and/or Storage Area of Public or Private Utility:
The pole yard, maintenance yard, and/or administrative offices
of a municipality or franchised utility.
30.4.18
Solid Waste Transfer Station:
A facility and/or premises
at which solid waste is temporarily deposited prior to ultimate removal
to a permanent solid waste storage site.
30.4.19
Telephone Exchange:
A switching or transmitting station
owned by a public utility but not including business offices, storage,
or repair shops or yards.
30.4.20
Transit Station/Turnaround:
Passenger terminal or loading
facilities for franchised private or publicly owned transit system.
30.4.21
Water Pumping Station/Well:
A facility for the ground
storage and transmission of water.
30.4.22
Water Storage, Elevated:
An elevated tank used as a
reservoir for maintaining pressure in a water system.
30.4.23
Water Storage, Ground:
A water storage facility for
the storage of water at ground level.
30.4.24
Water Treatment Plant:
A facility purifying, supplying,
and distributing City water.
30.5
AUTOMOBILE
AND RELATED SERVICE USES.
30.5.1
Auto
Leasing:
Storage and leasing of automobiles, motorcycles,
and light load vehicles.
30.5.2
Auto
Paint & Body Shop:
A facility for restoring, painting,
or refinishing auto bodies.
30.5.3
Auto
Parts Sales (Inside):
The use of any building or other
premises for the display and sale of new or used parts for automobiles,
panel trucks, vans, tractor trailers, or recreational vehicles.
30.5.4
Auto
Parts Sales (Outside):
The use of any land area for the
display and sale of new or used parts for automobiles, panel trucks,
vans, tractor trailers, or recreation vehicles.
30.5.5
Automobile
Repair Major/Minor
30.5.5a
Automobile Repair, Major:
General repair or reconditioning
of engines and air-conditioning systems for motor vehicles; wrecker
service; collision services including body, frame or fender straightening
or repair; customizing; overall painting or paint shop; vehicle steam
cleaning; those uses listed under “automobile repair, minor,”
and other similar uses.
30.5.5b
Automobile Repair, Minor:
Minor repair or replacement
of parts, tires, tubes, and batteries; diagnostic services; minor
motor services such as grease, oil, spark plug, and filter changing;
tune-ups; emergency road service; replacement of starters, alternators,
hoses, 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 light load vehicles, but not including any operation
named under “automobile repair, major” or any other similar
use.
30.5.6
Automobile
and Trailer Sales (New or Used)
30.5.6a
Automobile and Trailer Sales, New:
Building(s) and associated
open area other than a street or required automobile parking space
used for the display or sale of primarily new automobiles, light trucks,
and trailers, to be displayed and sold on-premises and where no repair
work is done except minor reconditioning of the automobiles and trailers
to be displayed and sold on the premises, and no dismantling of automobiles
or trailers for sale or keeping of used automobile and trailer parts
or junk on the premises.
30.5.6b
Automobile and Trailer Sales, Used:
Building(s) and
associated open area other than a street or required automobile parking
space used for the display and sale of used automobiles, light trucks,
or trailers in operating condition and where no repair work is done
except the minor adjustments of the vehicles to be displayed or sold
on the premises. A used car sale area shall not be used for the storage
of wrecked automobiles or the dismantling of automobiles or the storage
of automobile parts or junk on the premises.
30.5.7
Automobile
Service Station:
A building or place arranged, designed,
used, or intended to be used for the primary purpose of dispensing
gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries,
and other automobile accessories at retail direct to the on-premises
motor vehicle trade provided that the above services shall not be
construed to include major overhaul, the removal and/or rebuilding
of an engine, cylinder head, oil pan, transmission, differential,
radiator springs, or axles; steam cleaning, body or frame work, painting,
upholstering and replacement of glass. If the dispensing or offering
for sale of auto fuel at retail is incidental, the premises shall
be classified as a public garage. Service stations shall not allow
automobiles which are inoperative or are being repaired to remain
outside such service station for a period greater than seven (7) days.
30.5.8
Auto
Storage:
The storage on a lot or tract of operable automobiles
for the purpose of holding such vehicles for sale, distribution, or
storage.
30.5.9
Automobile
Wrecking Yard of [or] Junk Yard:
Any building, structure,
or open area used for the dismantling or wrecking of any type of used
vehicles or the storage, sale, or dumping of dismounted or wrecked
vehicles or their parts and accessories, including any farm vehicles
or farm machinery or parts thereof, stored in the open and not being
restored to operating condition, including the commercial salvaging,
storage, and scraping of any other goods, articles, or merchandise.
30.5.10
Bus Terminal:
Any premises for the transient housing
or parking of motor-driven buses and the loading and unloading of
passengers.
30.5.11
Carwash:
Facility or structure used to wash motorcycles,
automobiles, vehicles and trucks.
30.5.12
Motorcycle Sales & Service:
Building(s) and associated
open area, other than a street or required automobile parking space,
used for the display or sale and service of motorcycles.
30.5.13
Parking Lot or Parking Garage, Automobile:
Area for
parking light load vehicles.
30.5.14
Parking Lot or Parking Garage, Truck:
Area for parking
heavy load vehicles.
30.5.15
Quick Oil Change Facility:
A business engaging in the
changing of oil, oil filters, and the chassis lubrication of motor
vehicles. All new oil shall be dispensed from drums and all old oil
shall be kept in sumps until removed by pumper trucks.
30.5.16
Quick Tune-up Facility:
A business engaging in engine
adjustment and minor part replacement for motor vehicles, limited
to spark plugs, condensers, spark plug wires, distributor caps, distributor
points, PVC valves, air cleaners, fan belts and radiator hoses. Such
a facility shall not repair or replace carburetors, starters, alternators,
generators, radiators, water pumps, or other major engine parts, brake
shoes, or mufflers.
30.5.17
Truck and Bus Leasing:
The rental of new or used panel
trucks, vans, trailers, recreational vehicles, or motor-driven buses
in operable condition and where no repair work is done.
30.5.18
Truck and Bus Repair:
An establishment providing major
and minor automobile repair services to heavy load vehicles.
30.5.19
Truck or Motor Freight Terminal:
A building or area
in which freight brought by motor truck is assembled and/or stored
for shipping by motor truck.
30.5.20
Truck Sales:
Building(s) and associated open area other
than a street or required automobile parking space used for the display
or sale of primarily new heavy load vehicles, to be displayed and
sold on-premises, and where no repair work is done except minor reconditioning
of the vehicles to be displayed and sold on the premises, and no dismantling
of vehicles for sale or keeping of used vehicle parts or junk on the
premises.
30.6
OFFICE,
RETAIL, COMMERCIAL AND SERVICE TYPE USES.
30.6.1
Air
Conditioning and Refrigeration Contractor:
A place from
which a person performs design, installation, construction, maintenance,
service, repair, alteration or modification of a product or of equipment
in environmental air conditioning, commercial refrigeration, or process
cooling or heating systems, under terms and conditions described in
the Texas Air Conditioning and Refrigeration Contractor License Law,
Vernon’s Ann. Civ. St., art. 8861.
30.6.2
Amusement,
Commercial:
30.6.2a
Amusement, Commercial (Indoor):
An establishment providing
for activities, services and instruction for the entertainment, exercise
and improvement of fitness and health of customers, clients or members
but not including hospitals, clinics, massage parlors or arcades.
Uses would typically include bowling alleys, ice or roller skating
rinks, racquetball and handball courts, indoor tennis courts, weight
lifting and nautilus facilities, exercise areas, swimming pools and
spas, bingo parlors, martial arts, classrooms and/or practice areas,
gymnasiums and indoor running or jogging tracks.
30.6.2b
Amusement, Commercial (Outdoor):
An outdoor area or
structure, open to the public, which provides entertainment or amusement
for a fee or admission charge, including but not limited to batting
cages, miniature golf, go-kart tracks and carnivals.
30.6.3
Antique
Shop:
A retail establishment engaged in the selling of
works of art, furniture or other artifacts of an earlier period, with
all sale and storage occurring inside a building.
30.6.4
Arts
& Crafts Store, Indoor Sales:
A retail store offering
a wide variety of merchandise used for various arts and crafts.
30.6.5
Arts
& Crafts Store, Outdoor Sales:
An establishment or
open area offering a wide variety of merchandise used for various
arts and crafts.
30.6.6
Bakery
and Confectionery:
30.6.7
Bank,
Savings and Loan, Credit Union:
[1]An establishment for the custody, loan, exchange or issue
of money, the extension of credit, and/or facilitating the transmission
of funds.
30.6.8
Barber/Beauty:
30.6.8a
Barber Shop:
A place where barbering, as defined in
Texas Barber Act, Vernon’s Annotated Civil Statutes (Vernon’s
Ann. Civ. St.), art. 8407, is practiced, offered, or attempted to
be practiced, except when such place is duly licensed as a barber
school or college.
30.6.8b
Barber School or College:
A place of training for practice
of barbering, as defined in Texas Barber Act, Vernon’s Ann.
Civ. St., art. 8407, meeting standards established in Section 9 of
said Texas Barber Act.
30.6.8c
Beauty Culture School; Cosmetology Specialty Shop:
A
specialized place of training, as defined in the Cosmetology Regulatory
Act, Vernon’s Ann. Civ. St., art. 8451.
30.6.8d
Beauty Shop:
A place where cosmetology, as defined in
the Cosmetology Regulatory Act, Vernon’s Ann. Civ. St., art.
8451, is practiced.
30.6.9
Boat
Sales & Storage:
The offering for sale, storage,
or display of boats and other watercrafts. Not limited to inside sales
and storage.
30.6.10
Building Materials, Hardware Sales:
The sale of new
building materials and supplies indoors with related sales for hardware,
carpet, plants, electrical and plumbing supplies all of which are
oriented to the retail customer, rather than contractor or wholesale
customer.
30.6.11
Building Materials, Inside Storage:
The storage of building
supplies and materials such as; lumber, pipe, brick, etc. within an
enclosed facility.
30.6.12
Building Materials, Outside Storage:
The storage of
building supplies and materials such as; lumber, pipe, brick, etc.
within an open area.
30.6.13
Business Service.
Establishments primarily engaged in
providing services not elsewhere classified to business enterprises
on a fee contract basis including but not limited to advertising agencies,
computer programming and software services, and office equipment rental
or leasing.
30.6.14
Cabinet and Upholstering Shop:
An establishment used
for the production, display and sale of furniture and soft coverings
for furniture.
30.6.15
Cleaning and Dyeing, Small Plant or Shop:
A custom cleaning
shop not exceeding five thousand (5,000) square feet of floor area
or a pickup station. (Also see Cleaning and Dyeing; Dry Cleaning Plant.)
30.6.16
Clinic, Medical or Dental:
A facility or station designed
and used for the examination and treatment of persons seeking medical
care as outpatients who do not remain on the premises overnight.
30.6.17
Club, Private:
A nonprofit association of persons who
are bona fide members paying annual dues, which owns, hires or leases
the building or portion thereof, the use of such premises, being restricted
to members and their guests.
30.6.18
Convenience Store:
A retail establishment providing
for the sale of food items, nonprescription drugs, small household
items, and gifts. Gasoline and diesel fuel may be offered for sale
provided they are not the primary source of income for the store and
that no more than six (6) pumps are offered. Maximum size of the establishment
will be no more than 2,500 square feet not including storage areas
and administrative offices.
30.6.19
Custom Personal Service Shop:
Includes such uses as
tailor, shoe repair, barber/beauty shop, health studio, or travel
consultant.
30.6.19.1
Dance Hall or Nightclub:
An establishment
offering to the general public facilities for dancing and entertainment
for a fee and subject to licensing and regulation by the City of Overton.
30.6.20
Discount, Variety, or Department Store:
A retail store
offering a wide variety of merchandise in departments and exceeding
7,000 square feet of floor area.
30.6.21
Drapery/Needlepoint/Weaving Shop:
A retail shop that
offers items custom made or materials to custom make of items, but
not involving a factory.
30.6.22
Feed and Farm Supply Store:
An establishment for the
selling of foodstuffs for animals and including implements and goods
related to agricultural processes but not including farm machinery.
30.6.23
Flea Market:
A site where space inside or outside a
building is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household
goods personal effects, tools, artwork, small household appliances,
and similar merchandise, objects or equipment in small quantities.
The term flea market shall not be deemed to include wholesale sales
establishments or rental services establishments, but shall be deemed
to include personal services establishments, food services establishments,
retail sales establishments, and auction establishments.
30.6.24
Florist:
An establishment displaying plants, flowers,
floral supplies, and similar items.
30.6.25
Food Store, Grocery Store:
An establishment that displays
and sells consumable goods that are not to be eaten on the premises.
30.6.26
Furniture, Appliance Store:
Retail stores selling goods
used 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.
30.6.27
Garden Center (Retail Sales):
Location including land
and buildings at which plants, trees, shrubs, horticultural supplies,
and similar items are displayed for sale to the general public. All
such displays shall be located behind the front-yard line established
in the district in which the garden center is located.
30.6.28
General Merchandise Store:
Retail stores which sell
a number of lines of merchandise including but not limited to dry
goods apparel and accessories, furniture and home furnishings, small
wares, hardware, and food. The stores included in this group are known
as department stores, variety stores, general stores, and other similar
stores.
30.6.29
Gymnastic/Dance Studio:
An establishment providing for
activities, services and instruction for the entertainment, exercise
and improvement of physical fitness and technique of dance.
30.6.30
Handcraft Shop:
A specialty retail shop that supplies
items necessary for arts and projects created by hand (i.e. weaving,
needlepoint, woodwork; stain[ed] glass work; porcelain, etc.).
30.6.31
Household Appliance Service and Repair:
The maintenance
and rehabilitation of appliances customarily used in the home including
but not limited to washing and drying machines, refrigerators, dishwashers,
trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners,
and hair dryers.
30.6.32
Laboratory, Medical/Dental:
Facilities for testing and
analyzing medical/dental related problems. Research including laboratories,
experimental equipment, and operations involving compounding or testing
of materials or equipment.
30.6.33
Laboratory, Scientific/Research:
Facilities for research
including laboratories, experimental equipment, and operations involving
compounding or testing of materials or equipment.
30.6.34
Laboratory, Scientific or Research:
Facilities for research
including laboratories, experimental equipment, and operations involving
compounding or testing of materials or equipment.
30.6.35
Laundry and Cleaning, Commercial:
An establishment including
facilities for laundering and cleaning of clothing and similar items
to be operated by employees; not a coin-operated laundry.
30.6.36
Laundry and Cleaning[,] Self-Service:
An establishment
including facilities for laundering and cleaning of clothing and similar
items to be operated by the patron; not a commercial laundry or cleaning
plant.
30.6.37
Manufactured Housing, or Mobile Home Display and Sales:
The offering for sale, storage, or display of trailers, manufactured
housing, or mobile homes on a parcel of land but excluding the use
of such facilities as dwellings either on a temporary or permanent
basis (see portable building sales).
30.6.38
Medical Supplies, Sales/Service:
Medical devices, medical
equipment, laboratory equipment, diagnostic products and over-the-counter
health-related products.
30.6.39
Metal Dealer:
30.6.39a
Metal Dealer, Secondhand:
A place of business in which
a person purchases, gathers, collects, solicits or procures scrap
metal or where scrap metal is gathered together or kept for shipment,
sale, or transfer, under terms and conditions found in Vernon’s
Ann. Civ. St., art. 9009. (Also see Junk or Salvage Yard.)
30.6.39b
Metal Dealer, Crafted Precious:
A place of business
in which a person engages in the business of purchasing and selling
crafted precious metals, including jewelry, silverware, art objects,
or any other thing or object made in whole or in part from gold, silver,
platinum, palladium, iridium, rhodium, osmium, ruthenium, or heir
alloys, including coins and commemorative medallions, under terms
and conditions found in Vernon’s Ann. Civ. St., art. 990a.
30.6.40
Mortuary/Funeral Home:
An establishment with facilities
for the preparation of the dead for burial or cremation, for the viewing
of the body, and for funerals.
30.6.41
Newspaper Printing:
Paper that is printed and distributed
usually daily or weekly and that contains news, articles of opinion,
features, and advertising.
30.6.42
Office Center.
A building or complex of buildings used
primarily for conducting the affairs of a business, profession, service,
industry, or government, or like activity that may include ancillary
services for office workers such as a restaurant, coffee shop, newspaper,
or candy stand.
30.6.43
Office, Professional or General Administrative:
A room
or group of rooms used for the provision of executive[,] management,
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 association[s]
but excluding medical offices.
30.6.44
Office - Showroom/Warehouse:
An establishment with a minimum of seventy-five percent (75%)
of its total floor area devoted to storage and warehousing not accessible
to the 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.
30.6.45
Pawn Shop:
An establishment where money is loaned on
the security of personal property pledged in the keeping of the owner
(pawnbroker).
30.6.46
Pet Shop or Animal Salon:
A retail establishment offering
small animals, fish, or birds for sale as pets and where all such
creatures are housed within the building.
30.6.47
Pharmacy:
A retail establishment where medicines are
compounded or dispensed.
30.6.48
Plumbing, Heating, Refrigeration, or Air Conditioning Business:
An establishment primarily engaged in the sales, service, or
installation of equipment pertaining to plumbing, heating, refrigeration,
or air conditioning. (Also see Air Conditioning and Refrigeration
Contractor.)
30.6.49
Plumbing Service:
The operation of a business which
involves only retail sales and off-premises service, installation,
and repair of units and fixtures. The premises shall not include a
workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal
work of any type shall not be permitted. Storage shall be permitted
for units and supplies incidental to retail sales, off-premises service
and repair only. No outside storage shall be permitted. This section
shall not be interpreted to allow a plumbing, heating, refrigeration,
or air conditioning contractor or similar type wholesale operation.
30.6.50
Portable Building Sales:
An establishment which displays
and sells structures which are capable of being carried and transported
to another location, not including mobile homes or manufactured housing.
30.6.51
Post Office, Government or Private:
Local branch of
the United States Postal Service or private commercial venture engaged
in the distribution of mail and incidental services.
30.6.52
Print Shop:
An establishment which reproduces printed
or photographic impressions including but not limited to the process
of composition, binding, plate making, microform, type casting, press
work, and printmaking.
30.6.53
Racquetball Facilities:
Courts housed in an acoustically-treated
building and designed for one (1) to four (4) persons to play racquetball,
plus subsidiary uses to include office, pro shops, locker rooms, sauna,
exercise rooms, waiting area, child nursery, and related uses up to
a maximum of forty percent (40%) of the total floor area.
30.6.54
Restaurant/Cafeteria, With Drive-In or Drive-Through Service:
An establishment operated for the retail sale of meals or refreshments,
which is laid out and equipped so as to allow its patrons to be served
or accommodated while remaining in their automobiles, or which allows
the consumption of food or beverages at a table within the dining
area.
30.6.55
Restaurant/Cafeteria, Dine-In Service Only:
An establishment operated for the retail
sale of meals or refreshments, which is laid out and equipped so as
to allow its patrons to be served at a table within the dining area.
30.6.55.1
Restaurant With a Mixed Beverage (MB) or Beer & Wine (BG) Permit:
[8]A food establishment allowing On-Premises Consumption of
Alcohol.
Mixed Beverage (MB) Permit allows the sale of Liquor, Beer,
Wine and Mixed Beverage; however the alcohol must be purchased and
consumed on the premises. No City permit license [sic] required for
the first three (3) years of holding their TABC permit.
Beer & Wine (BG) Permit allows the sale of Beer and Wine
for the consumption on or off premises.
Food and Beverage Certificate may be issued to the holder of
a Beer Retailer’s On-Premise Permit or Wine and Beer Retailer’s
Permit if food service is the primary business being operated on the
licensed premise or to the holder of a Mixed Beverage Permit or Private
Club Permit if food service is available on the premises and the gross
receipts of alcoholic beverages do not exceed 50% of total gross receipts.
[8]
Original has this as an unnumbered Subsection.
30.6.56
Retail Stores and Shops:
Establishments offering all
types of consumer goods for sale, not elsewhere classified, but excluding
the display and sale in the open outside a building of new or used
automobiles, heavy machinery, building materials, used appliances,
furniture, or salvage materials.
30.6.57
Secondhand Store, Furniture or Clothing:
An establishment
offering for sale used merchandise, with the storage and display of
such items wholly contained inside a building or structure.
30.6.58
Service, Retail:
An establishment engaged in the selling and/or servicing of goods
where a minimum of eighty percent (80%) of the floor area is devoted
to service, repair or fabrication of such goods. The service area
must not be accessible to the general public. Automotive uses and
rental stores are specifically excluded.
30.6.58.1
Sexually Oriented Business:
[9]Is a business that is part of the sex industry, such as
sites of erotic performance and erotic paraphernalia stores that may
possess a license from the Texas Alcoholic Beverage Commission to
sell and/or serve alcoholic beverages to their patrons.
[9]
Original has this as an unnumbered Subsection.
30.6.59
Shopping Center:
A group of primarily retail and service
commercial establishments planned, constructed and managed as a total
entity with customer and employee parking provided on-site, provision
for goods delivery separated from customer access, provision of aesthetically
appropriate design and protection from the elements.
30.6.60
Studio, Artist/Musician/Photographer:
The working place
of a painter, sculptor, musician, or photographer.
30.6.61
Studio, Radio/Television:
A place maintained and equipped
for the transmission or making of radio or television programs.
30.6.62
Taxidermist:
An establishment that prepares, stuffs,
and mounts the skins of animals and especially vertebrates.
30.6.63
Theater, Indoor:
An establishment that shows motion
picture or theatrical productions on a paid admission basis to patrons
on a selected seating basis.
30.6.64
Theater (Outdoor):
An open lot with its appurtenant
facilities devoted primarily to the showing of motion picture or theatrical
productions on a paid admission basis to patrons seated in automobiles.
30.6.65
Tire Dealer, Inside Storage:
A building where tires
are sold and displayed within a building.
30.6.66
Tire Dealer, Outside Storage:
A facility or open area
where tires are sold and displayed.
30.6.67
Tool Rental:
A facility for renting tools and equipment.
30.6.68
Trailer, Manufactured Housing, or Mobile Home Display and Sales:
The offering for sale, storage, or display of trailers, manufactured
housing, or mobile homes on a parcel of land but excluding the use
of such facilities as dwellings either on a temporary or permanent
basis.
30.6.69
Trailer Rental:
The display and offering for rent of
trailers designed to be towed by passenger cars or other prime movers.
30.6.70
Veterinary Clinic, Inside Pens:
A facility or station
designed and used for the examination and treatment of disease and
injury in animals and especially, but not limited to domestic animals.
May also offer boarding services to accommodate animals.
30.6.71
Veterinary Clinic, Outside Pens:
A facility or station
designed and used for the examination and treatment of disease and
injury in animals and especially, but not limited to horses and cattle.
May also offer boarding services to accommodate animals.
30.6.72
Washateria:
A building or place where clothes and linens
are washed and thoroughly dried by the use of not exceeding three
(3) employees and four (4) automatic single-family machines and where
the operation of washing and/or drying and/or mangle machines is done
exclusively by the customer on a self-service basis, and where the
fuel and power for the heating of water and drying shall be smokeless
and odorless. (See Laundry and Cleaning, Self-Service.)
30.6.73
Winery:
[10]An establishment that may manufacture, bottle, label and
package wine containing not more than 24% alcohol by volume; sell
or buy wine from permit holders authorized to purchase and sell wine,
including wholesalers, winery and wine bottler’s permittees;
sell wine to ultimate consumers for consumption on the winery premises
or in unbroken packages for off-premise consumption; and dispense
free wine for consumption on the winery premises.
[10]
Original has this as an unnumbered Subsection.
30.7
MANUFACTURING,
STORAGE, AND WAREHOUSING USES.
30.7.1
Acetylene
Gas Manufacture or Storage:
An establishment, which may
manufacture or store liquid acetylene gas. Facility must be in conformance
with local, state, and federal provisions.
30.7.2
Advertising
Displays, Manufacture:
An establishment, which manufactures
displays for advertising purposes.
30.7.3
Arsenal:
A place for making and storing arms and military equipment.
30.7.4
Asphalt
Manufacture/Refining:
An establishment, which manufactures
asphalt and asphalt byproducts.
30.7.5
Boats,
Building or Repair:
An establishment that manufactures
or repairs boats.
30.7.6
Boiler
Works:
Pressure vessels, heat exchangers, hoppers, piped
skids, holding tanks, stacks, or breaching equipment for industrial
and commercial end users and resellers.
30.7.7
Book
Binding, Except Hand Binding:
A facility that provides
books with an edge or border for protection, reinforcement, or ornamentation.
30.7.8
Bottling
Works:
A manufacturing facility designed to place a product
into a bottle for distribution.
30.7.9
Brick/Tile/Pottery/Terra-Cotta
Manufacture (Other than by Hand):
Products manufactured
for masonry type work.
30.7.10
Broom or Brushes Manufacture:
A facility that produces
various devices composed of bristles set in a handle.
30.7.11
Cameras/Photographic Equipment:
A facility where cameras
and photographic equipment is manufactured.
30.7.12
Candle Manufacture:
Manufacture of solid, usually cylindrical
mass of tallow, wax, or other fatty substance with an axially embedded
wick that is burned to provide light.
30.7.13
Carpet Manufacture:
Manufacture of a heavy fabric used
as a floor covering.
30.7.14
Celluloid Manufacture:
Manufacture of a colorless flammable
material made from nitrocellulose and camphor and used to make photographic
film.
30.7.15
Cement/Lime/Gypsum/Plaster of Paris Manufacture:
Manufacture
of cement, lime, gypsum, or plaster of Paris.
30.7.16
Ceramics//Stone/Glass/Marble/Porcelain Products Manufacture:
A facility where ceramic, stone, glass, marble or porcelain
products are made.
30.7.17
Chemical Manufacturing:
A facility where substances
produced by or used in a chemical process are produced. This includes
but is not limited [to] the following substances: acid, alcohol, ammonia,
disinfectants, dyes, herbicides, insect poison, paints, shellac, turpentine,
and varnishes. Such operations must meet with all local, state, and
federal provisions.
30.7.18
Cleaning and Dyeing: Dry Cleaning Plant:
An industrial
facility where fabrics are cleaned and [in] substantially nonaqueous
organic solvents[.]
30.7.19
Concrete Plant:
A plant that makes material consisting
of sand, conglomerate gravel, pebbles, broken stone, or slag in a
mortar or cement matrix.
30.7.20
Construction Yard, Temporary:
A storage yard or assembly
yard for building materials and equipment directly related to a construction
project and subject to removal at completion of construction and subject
to same restrictions as Field Office.
30.7.21
Contractor’s Shop/Storage Yard, Temporary:
A facility
where a contractor temporarily stores products and equipment to be
used on a project or development site.
30.7.22
Cosmetic Manufacture:
Manufacture of cosmetic products
or cosmetic substances for use in cosmetic products.
30.7.23
Cotton Gin:
A machine that separates the seeds, seed
hulls, and other small objects from the fibers of cotton.
30.7.24
Cotton Seed Oil Manufacture:
A facility where oil is
extracted from cottonseed and processed.
30.7.25
Dairy Processing/Manufacturing Products:
A facility
used to manufacture and process dairy products.
30.7.26
Distillation of Bones/Wood/Coal:
A facility, which extracts
the volatile components of a mixture of bones/wood/coal by the condensation
and collection of the vapors that are produced as the mixture, is
heated.
30.7.27
Drugs/Pharmaceutical Products Manufacture:
The manufacture
of chemicals used as medicine and/or pharmaceutical products.
30.7.28
Electrical Appliances/Supplies/Machinery, Assemble or Manufacture:
A facility where electrical appliances, electrical supplies,
or electrical machinery is assembled or manufactured.
30.7.29
Electronic Products, Assemble:
A facility where electrical
products are assembled.
30.7.30
Electronic Products, Manufacture:
A facility where electrical
products are manufactured.
30.7.31
Emery Cloth/Sandpaper Manufacture:
A facility that manufactures
emery cloth and/or sandpaper.
30.7.32
Explosives/Fireworks Manufacture/Storage:
A facility
that makes, designs or stores any combustible or explosive composition,
or any substance or combination of substances, or device prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration, or detonation.
30.7.33
Fat Rendering:
An establishment where animal fat is
melted down and processed.
30.7.34
Fertilizer Manufacture:
A facility where natural or
synthetic materials are manufactured to be used to fertilize the soil.
30.7.35
Fiberglass Manufacture:
An establishment where fiberglass
is manufactured.
30.7.36
Food Products Processing:
A facility where food for
human or animal consumption is processed.
30.7.37
Forge Plant/Foundry/Blast Furnace:
An establishment
in which the founding and/or the forging of metals are done or an
enclosure where non-thermal energy is converted to heat and intensified
by blasts of air.
30.7.38
Fur Goods Manufacture (Not including tanning or dyeing):
An establishment that manufactures fake or real fur goods.
30.7.39
Furniture and Upholstery Manufacture:
A facility where
furniture or upholstery is manufactured or assembled.
30.7.40
Garbage/Offal or Dead Animal Reduction:
A facility where
dead animals or dead animal parts are processed for disposal.
30.7.41
Gas Manufacture:
A facility where gaseous products are
manufactured.
30.7.42
General Commercial Plant:
An establishment other than
a personal service shop for the treatment and/or processing of products
as a service on a for-profit basis including but not limited to newspaper
printing, laundry plant, or cleaning and dyeing plant.
30.7.43
General Manufacturing:
Manufacturing of finished products
and component products or parts from the transformation, treatment,
or processing of materials or substances, including basic industrial
processing. Such operations must meet the performance standards, bulk
controls, and other requirements in this ordinance.
30.7.44
Glass Products:
An establishment where glass or glass
products are manufactured.
30.7.45
Glue/Gelatin Manufacture:
A facility where glue or gelatin
is manufactured.
30.7.46
Grain Elevator:
A building equipped with mechanical
lifting devised and used for storing grain.
30.7.47
Ice Production, Dry or Natural:
A facility where ice,
dry or natural, are produced.
30.7.48
Industrial Park:
A large tract of land that has been
planned, developed, and operated as an integrated facility for a number
of individual industrial uses, with special attention to circulation,
parking, utility needs, aesthetics, and compatibility.
30.7.49
Junk or Salvage Yard:
A lot upon which waste or scrap
materials are bought, sold, exchanged, stored, packed, disassembled,
or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires and bottles. A “junk yard” includes
an automobile wrecking yard and automobile parts yard. A “junk
yard” does not include such uses conducted entirely within an
enclosed building. (Also see Metal Dealer, Secondhand)
30.7.50
Laundry Plant:
A facility where quantities of items
are laundered.
30.7.51
Light Manufacturing:
Manufacturing of finished products
or parts, predominantly from previously prepared materials, including
fabrication, assembly, and packaging of such products, and incidental
storage, sales, and distribution of such products, but excluding basic
industrial processing.
30.7.52
Livestock Feedlot:
A plot of land or facility on which
livestock are fattened for market.
30.7.53
Livestock Feed Yards:
A plot of land or facility on
which livestock are fattened for market.
30.7.54
Mill; Grain/Flour/Food Products:
A building with machinery
for grinding grain into flour or producing food products.
30.7.55
Mines & Quarries:
An excavation site from which
minerals are taken.
30.7.56
Musical Instrument Manufacture:
A facility where musical
instruments are manufactured.
30.7.57
Oil Field Service:
A facility which provides maintenance
or special services to the oil well fields and pipelines.
30.7.58
Oil/Gas/Other Mineral Extraction:
The process of obtaining
these naturally occurring substances from the ground.
30.7.59
Oilcloth/Linoleum Manufacture:
Manufacture of oilcloth
or linoleum products.
30.7.60
Ore Reduction:
Shall include mines, smelters, ore roasters,
ore concentrators and metal refineries, and all works, plants and
processes incidental to them.
30.7.61
Orthopedic or Medical Appliance Manufacture:
The production
of devices for the purpose of correction or prevention of skeletal
deformities or other medical treatments.
30.7.62
Paint/Oil/Shellac/Turpentine/Varnish Manufacture:
The
production of various paint-related products.
30.7.63
Paper Products Manufacture:
Manufacture of paper goods.
30.7.64
Petroleum Products, Bulk Quantities:
Sales of petroleum
products in bulk quantities.
30.7.65
Petroleum Products, Sales, Wholesale:
Sales of petroleum
based solvents or products for wholesale distribution.
30.7.66
Pipe Sales & Supply:
A facility which sells pipe
and related pipe supplies.
30.7.67
Pump Sales/Repair & Maintenance:
A facility which
sells pumps and provides maintenance and repair services.
30.7.68
Scrap Metal Sales & Storage:
The sales and storage
of scrap metal.
30.7.69
Self-Storage, Mini-Warehouse:
A facility used for storage
of goods and/or materials with separate access to individual storage
units by persons renting the individual units.
30.7.70
Sexually Oriented Business.
A sex parlor, nude studio,
modeling studio, love parlor, adult bookstore, adult movie theater,
adult video arcade, adult movie arcade, adult video store, adult motel,
or other commercial enterprise the primary business of which is the
offering of a service or the selling, renting, or exhibiting of devices
or any other items intended to provide sexual stimulation or sexual
gratification to the customer.
30.7.71
Sporting Athletic Equipment Manufacture:
A manufacture
of sporting, athletic equipment.
30.7.72
Steel Fabrication:
A facility that fabricates steel
products; bending, cutting, grinding, and polishing.
30.7.73
Storage or Wholesale Warehouse, Light:
A building used
primarily for the storage of goods and materials, containing less
than 5,000 square feet of floor space.
30.7.74
Storage or Wholesale Warehouse, Heavy:
A building used
primarily for the storage of goods and materials, containing more
than 5,000 square feet of floor space.
30.7.75
Tools/Hardware Manufacture:
A business that manufactures
tools and/or hardware.
30.7.76
Toys/Novelty Projects Manufacture:
A business that manufactures
toys and novelty projects.
30.7.77
Window Shade/Awnings/Venetian Blind Manufacture:
A business
that manufactures window shades, awnings, or blinds.
30.7.78
Wrecking/Junk/Salvage Yard:
A lot upon which waste or
scrap materials are bought, sold, exchanged, stored, packed, disassembled,
or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires and bottles. A “junk yard” includes
an automobile wrecking yard and automobile parts yard. A “junk
yard” does not include such uses conducted entirely within an
enclosed building.
(Ordinance 2015-05-21A, sec. 7,
adopted 5/21/15; Ordinance
2016-01-21A, sec. 3, adopted 1/21/16)
31.1
CHILD-CARE
CENTERS.
31.1.1
No
portion of a child-care center site may be located within three hundred
(300) feet of gasoline pumps or underground gasoline storage tanks,
or any other storage area for explosive or highly combustible materials.
31.1.2
Child-care
centers shall be located adjacent to a street having a pavement width
of twenty-seven (27) feet or greater.
31.1.3
Site
plan approval by the Planning and Zoning Commission shall be required
for all child-care center sites, whether or not a Specific Use Permit
is required.
31.1.4
Child-care
centers located within any single-family or two-family residential
district shall be required to plat in multiples of the minimum lot
width of the district classification requirements. The lot depth shall
meet the minimum district requirements and must be platted in a configuration
which can be converted into standard lots for residential development.
31.1.5
All
child-care centers shall comply with the following standards:
31.1.5.1
All vehicular entrances and exits shall be clearly visible from the
street.
31.1.5.2
All passenger loading and unloading areas shall be located so as
to avoid safety hazards from vehicular traffic and adequate walkways
shall be provided.
31.1.5.3
Outdoor play areas shall be provided at a rate of 65 square feet
per child based on maximum design capacity of the center. This requirement
may be waived by the Planning and Zoning Commission if the child care
is provided for less than four (4) hours per day for an individual
person.
31.1.5.4
In residential districts, a maximum of one-half of the required outdoor
play space may be provided off-site. When off-premises outdoor play
areas are utilized, it must be located within one hundred (100) feet
of the child-care facility premises and safely accessible without
crossing, at-grade, any major or secondary thoroughfare.
31.1.5.5
No child-care center shall be part of a one-family or two-family
dwelling.
31.2
CONSTRUCTION
YARDS, FIELD OFFICES, AND OTHER TEMPORARY BUILDINGS.
Temporary permits for construction yards and field offices and
special use permits or variances regulating temporary buildings shall
be issued for a period of time not to exceed eighteen (18) months.
Extensions may be granted by the City Council. Upon due notice and
hearing before the City Council, any such permit may be revoked if
the City Council finds the use of the building or structure is contrary
to the intent of this ordinance or results in increased noise, traffic,
or other conditions considered to be a nuisance or hazard.
31.3
RADIO,
TELEVISION, AND MICROWAVE TOWERS.
31.3.1
No
radio, television, or microwave tower shall be located within a distance
equal to at least the height of such tower from any residential structure
or from any area zoned residential, or shown as residential on the
current Comprehensive Plan. Such distance shall be measured as the
shortest possible distance in a straight line from the closest point
of the tower to the closest point of such area or residence.
31.3.2
No
commercial, radio, television, or microwave reflector antenna support
structure shall be closer to any residential district boundary line
or any area shown as residential on the current Comprehensive Plan
than a distance equal to the sum of the required yard specified for
the zoning district in which such building or structure is located,
plus 25 feet, plus twice the height of the portion of the structure
above two (2) stories. Such distance shall be measured as the shortest
possible distance in a straight line from the structure to the closest
point of such area or residence.
31.3.3
The
location of radio, television, or microwave reflectors, antennas,
or support structures and associated foundations and any support wires
shall be prohibited within any required front or side yard.
31.3.4
All
commercial communication operations or radio, television, or microwave
reflectors, antennas, or structures shall be prohibited in residential
districts.
31.3.5
All
commercial signs, flags, lights and attachments other than those required
for communications operations, structural stability, or as required
for flight visibility by the Federal Aviation Administration (FAA)
and Federal Communications Commission (FCC) shall be prohibited.
31.4
RESIDENCE
HOTELS.
Residential hotels shall be designed to allow for their potential
conversion to multi-family residences. Residence hotels constructed
in the MF district shall comply with the MF district requirements.
Open space shall be provided in sufficient quantity and locations
to allow for required additional parking should the residence hotel
convert to multi-family residences.
31.5
GARDEN
(PATIO) HOMES.
31.5.1
Location
on Lot:
Garden (patio) home developments shall be developed
as zero lot line homes. One side yard shall be reduced to zero feet,
while the other side yard shall be increased to a minimum of ten feet.
A minimum three-foot-wide maintenance easement shall be placed on
the adjacent lot to enable the property owner to maintain his house.
Side yards and maintenance easements shall be placed on the subdivision
plat. A minimum separation between patio homes of ten (10) feet shall
be provided. The combined area of all structures shall not exceed
sixty-five (65) percent of the lot area.
31.5.2
Front-yard
Setback:
The minimum front yard shall be fifteen (15)
feet, provided that in no case shall a garage or carport fronting
onto a street be less than twenty (20) feet from the property line
adjacent to the street. The front-yard setback may be staggered, varied,
or reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac
or loop streets not exceeding four hundred (400) feet in length, with
the approval of a site plan or subdivision plat. Under this provision
the maximum setback shall be twenty-five (25) feet. A minimum lot
depth of sixty-five (65) feet, as measured from front building line
to the rear lot line, shall be maintained.
31.5.3
Rear-yard
Setback:
The minimum rear yard shall be five (5) feet
for a single-story structure and fifteen (15) feet for any two-story
structure. If access is from an alley, the minimum setback will be
twenty (20) feet for garages or carports.
31.5.4
Side-yard
Setback:
The minimum side yard shall be zero (0) feet
except that there shall be at least ten (10) feet of separation between
structures. When garden (patio) homes are constructed with a zero
(0) side yard, five (5) feet on the lot adjacent to the zero (0) setback
shall be dedicated as an access easement for the zero (0) setback
garden (patio) home. There shall be a minimum of twenty (20) feet
from any property line adjacent to a street.
31.5.5
Lot
Frontage:
The minimum frontage of any garden (patio)
home shall be twenty-five (25) feet on residential streets and thirty-five
(35) feet on collector and thoroughfare streets.
31.5.6
Lot
Area:
The minimum lot area for any development lot for
garden (patio) homes shall be two thousand eight hundred (2,800) feet.
31.5.7
Maximum
Length of Structures:
No zero lot line structure shall
have an overall length exceeding two hundred and fifty (250) feet.
31.5.8
Maximum
Height of Structures:
No structure shall exceed two (2)
stories or thirty-five (35) feet in height.
31.5.9
Parking:
Two (2) off-street spaces per dwelling unit plus one-half (1/2)
space per dwelling unit for visitor parking within six hundred (600)
feet of each dwelling unit. The visitor parking requirements may be
eliminated or reduced at the time of site plan or subdivision plat
approval with a finding that there is adequate on-street parking for
visitors.
31.5.10
Common Area Maintenance:
To insure the long-term maintenance of common land and facilities
in patio home developments, the following shall be required:
(a)
Plats
and site plans shall be approved subject to the submission of a legal
instrument setting forth a plan or manner of permanent area and maintenance
of open spaces, recreational areas and other communally owned facilities.
No such instrument shall be acceptable until approved by the City
Attorney as to legal form and effect. A Homeowners’ Association
(HOA) is the most widely accepted technique for managing commonly
owned property. Such association shall provide proof of incorporation
prior to issuance of a construction permit.
(b)
The
HOA or other similar management entity shall be organized as a nonprofit
corporation with automatic membership in the management entity when
property is purchased. This shall be specified in the covenants which
run with the land and which bind all subsequent owners. Covenants
for maintenance assessments shall also run with the land. Included
in the maintenance covenants shall be procedures for changing them
at stated intervals. Deeds shall also reference the rights and responsibilities
of property owners to the management entity. The management entity
shall also be responsible for liability insurance, local taxes, and
the maintenance of all commonly held facilities through the use of
a pro-rata formula for all property owners.
31.5.11
Usable Open Space Requirements:
Each parcel of land
developed under patio home standards shall provide usable open space
totaling fifteen percent (15%) of the area of a patio home development.
Such open space shall have a maximum slope of ten percent (10%) and
shall be exclusive of street and alley rights-of-way and/or easements,
individually platted lots without open space easements, private yards
and patios. The fifteen percent (15%) shall be computed on the percentage
of total platted area in a patio home subdivision, excluding right-of-way
for major and secondary thoroughfares (as described in the current
Comprehensive Plan). At the time of site plan and/or subdivision plat
approval, the City Council may give full or partial credit for open
areas that exceed the maximum slope or which are otherwise unusable
if it is determined that such areas are environmentally or aesthetically
significant and that their existence enhances the development.
31.5.12
Additional Landscaping:
In addition to any required
landscaping for common areas, the front-yard and parkway areas shall
be landscaped and permanently maintained.
31.6
MULTI-FAMILY
RESIDENCE.
31.6.1
Courts:
Where an apartment building is erected so as to create inner
courts, the faces of all opposite walls in such courts shall be a
minimum distance of thirty (30) feet apart and no balcony or canopy
shall extend into such court area for a distance greater than five
(5) feet.
31.6.2
Usable
Open Space:
Each lot or parcel of land which is used
for multiple-family residences shall provide on the same lot or parcel
of land usable open space (An open area which is designed and intended
to be used for outdoor living and/or recreation. An area of common
usable open space shall have a slope not exceeding ten percent (10%),
shall have no dimension of less than ten (10) feet, and may include
landscaping, walks, water features and decorative objects. Usable
open space shall not include rooftops, accessory buildings, parking
areas, driveways, turn-around areas, or right-of-way or easement for
streets or alleys.), in accordance with the table below:
|
USABLE OPEN SPACE REQUIREMENT
| |
|---|---|
|
Number of Bedrooms or Sleeping Rooms
|
|
|
1 or Less
|
600 Sq. Ft.
|
|
Each Additional Bedroom Over 1
|
300 Sq. Ft.
|
In those instances where a parcel of land has been zoned
for multi-family use with a Specific Use Permit or Planned Development
classification and the permitted densities do not conform exactly
with those permitted in the MF District, usable open space shall be
provided in accordance with that required for the multi-family zoning
district which most closely approximates the density permitted under
the SUP or PD.
In meeting this requirement, a credit of three (3) square feet
may be applied for each square foot utilized for swimming pools and
adjacent decks, patios, or lounge areas within ten (10) feet of a
pool; developed and equipped children’s play areas; and usable
portions of recreational buildings. Tennis courts are specifically
excluded from this increased credit allowance. At the time of site
plan approval, the Planning and Zoning Commission and/or City Council
may allow a credit not to exceed ten percent (10%) of the total required
usable open space for adjacent and immediately accessible public parks.
The combined credit for areas calculated at a three-to-one basis and
for public parks shall not exceed fifty percent (50%) of the total
usable open space for an individual lot or parcel of land.
At the time of site plan approval, the City Council may give
full or partial credit for open areas that exceed the maximum slope,
if it is determined that such areas are environmental significant
and that their preservation would enhance the development.
31.7
SERVICE
STATIONS.
Gasoline service station pump islands may not be located nearer
than eighteen (18) feet to the front property line. An unenclosed
canopy for a gasoline filling station may extend beyond the front
building line but shall not be closer than ten (10) feet to the property
line.
31.8
SWIMMING
POOLS.
It is the purpose of the following provisions to recognize an
outdoor swimming pool as a potentially attractive nuisance and to
promote the safety and enjoyment of property rights by establishing
rules and regulations governing the location and improvement of swimming
pools whether privately, publicly, or commercially owned or operated.
31.8.1
No
swimming pool shall be constructed or used until a swimming pool building
permit has been issued therefor. No building permit shall be issued
unless the proposed sanitary facilities and water supply comply with
applicable local and State health departments regulations.
31.8.2
A
swimming pool erected below ground or above ground with a depth of
two (2) feet or greater may be constructed and operated when:
31.8.2.1
the pool is not located in any required front or side yard abutting
a street;
31.8.2.2
a wall or fence, not less than four (4) feet in height, with self-enclosing
and self-latching gates that are lockable at all entrances, completely
encloses either the pool area or the surrounding yard area;
31.8.2.3
all lighting of the pool is shielded or directed to face away from
adjoining residence. If lights are not individually shielded they
shall be so placed, or the enclosing wall or fence shall be so designed,
that direct rays from the lights shall not be visible for adjacent
properties;
31.8.2.4
no broadcasting system is used for the purpose of advertising the
operation of the pool or for the attraction of persons to the premises.
This shall not prevent a public address system necessary or useful
to the supervision of the pool and the safety of swimmers; and
31.8.2.5
the swimming pool is no closer then eight (8) feet from any property
line.
(Ordinance 2015-05-21A, sec. 7,
adopted 5/21/15)
