For the purpose of this ordinance, certain terms and words are
hereby defined as follows:
The words “used for” include “designated for”
and vice versa; words used in the present tense include the future;
words in the singular number include the plural number and vice versa;
the word “building” includes the word “structure”;
the word “dwelling” includes the word “residence”;
the word “lot” includes the word “plot” and
the word “shall” is mandatory and not directory.
Property abutting upon a street shall also be understood
as abutting property on the other side of the street.
An apartment containing full facilities (sleeping quarters,
kitchen and bath) and on the same lot as an existing single-family
residential dwelling unit that shares utilities and is clearly subordinate
to the primary dwelling unit.
A subordinate use or building customarily incidental to and
located on the same lot with the main use or building, and which is
reasonably necessary and incidental to the conduct of the primary
use of such building or main use.
Unless otherwise defined elsewhere in the text of this Zoning
Ordinance, the terms adjacent and adjoining shall mean lying immediately,
next to one another, or having a common boundary[.]
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.
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.
Beer, beer by the bottle, wine, wine by the bottle and mixed
alcoholic drinks.
A public way which extends only secondary means of access
to abutting property.
For the purpose of regulating historic landmarks or any property
within a historic district, shall mean any physical change to the
exterior appearance of a building or structure, including but not
limited to certain miscellaneous modifications not requiring a permit
from the Building Official, such as:
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change of exterior color, by painting or other similar finish
work;
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installation of siding; and
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window treatment, including but not limited to window replacements
and awnings supported by an exterior wall.
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Shall mean clock towers, bell steeples, light poles, and
similar alternative antenna mounting structures, except for residential
structures. The alternative tower structure may be either a primary
or an accessory use on any development parcel.
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.
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.
A single cow, horse, mule, or donkey shall constitute one
animal unit. Sheep and female goats shall constitute one-half (1/2)
an animal unit.
Any exterior apparatus designed for wireless radio, television,
microwave or telephonic communication through the sending and/or receiving
of electromagnetic waves.
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.
A room or group of rooms in a multifamily dwelling unit arranged,
designed, used or intended to be used for a person or persons living
independently as a single housekeeping unit.
An establishment in which there are located six (6) or more
coin-operated skill or pleasure machines or three (3) or more billiard
or pool tables. See Game Room.
Materials such as copper, bronze, anodized aluminum, stainless
steel, porcelain enamel, natural materials, or other similar materials
that do not require painting.
An establishment under Texas Health and Safety Code Chapter
247 that furnishes food and shelter to four or more persons who are
unrelated to the proprietor of the establishment and provides personal
care services. Types of assisted living facilities as established
by the State of Texas are as follows:
Type A.
(i)
(ii)
(iii)
In a Type A facility, a resident:
Must be physically and mentally capable of evacuating the facility
unassisted. This may include mobile or ambulatory persons such as
those who are in wheelchairs or electric carts and have the capacity
to transfer and evacuate themselves in an emergency;
Does not require routine attendance during nighttime sleeping
hours; and
Must be capable of following directions under emergency conditions.
Type B.
In a Type B facility, a resident may:
Facility or structure used to wash motorcycles, automobiles,
vehicles and trucks.
Storage and leasing of automobiles, motorcycles, and light
load vehicles.
The use of any building or other premise for the display
and sale of new or used parts for automobiles, panel trucks, vans,
tractor-trailers, or recreational vehicles.
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.
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.
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.
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.
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.
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, tires and other
automobile accessories at retail direct to the on-premises motor vehicle
trade; and where other services to motor vehicles can be rendered
such as, but not limited to, the following: Sale and servicing of
spark plugs and other ignition parts; tire repair and servicing, but
no recapping; replacement of mufflers and tailpipes, water hoses,
fan belts, brake fluid, light bulbs, floor mats, seat covers, wiper
blades and arms for windshields, replacement of grease retainers,
wheel bearings; radiator cleaning and flushing, but not repairs; washing
and polishing; greasing and lubricating; installing and repairing
fuel pumps and installing fuel lines, fuel filters, carburetors, and
air cleaners; wiring repair; adjusting brakes, installing exchanged
brake shoes, installing wheel and master cylinder kits; tuning engines;
air conditioner repair and service; wheel balancing and alignment.
Provided, however, that, the above automotive services shall never
be construed to include any 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 replacing 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.
The storage on a lot or tract of operable automobiles for
the purpose of holding such vehicles for sale, distribution, or storage.
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 and including
the commercial salvaging, storage and scrapping of any other goods,
articles or merchandise.
Any structure attached to the wall of a building which was
built and designed for the purpose of cosmetics or for shading a window,
door or sidewalk. Awnings are not integral to the building, are typically
triangular or curved in cross-section and are generally comprised
of a metal frame and canvas or other fabric.
A store engaged primarily in the baking and over-the-counter,
on-premises retail sale of baked goods.
A business that produces baked goods primarily for the wholesale
market.
A place where beer, wine [or] mixed alcoholic beverages are
sold for consumption on the premises as the primary business activity.
Primary business activity requires that the establishment derives
more than 75 percent or more of the establishment’s gross revenue
from the on-premise sale of alcoholic beverages. Bars may be established
in an appropriate zone as an exception may not be closer than 500
feet from a church, public or private school or public hospital, public
park or private residence as measured from the closest property lines.
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.
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.
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (1/2) of its height is above the average level of the adjoining
ground.
A specialized place of training, as defined in the Cosmetology
Regulatory Act, Vernon’s Ann. Civ. St., art. 8451.
A place where cosmetology, as defined in the Cosmetology
Regulatory Act, Vernon’s Ann. Civ. St., art. 8451, is practiced.
Overnight lodging and a morning meal provided in a dwelling
unit, to transients and for compensation.
An area within the City enclosed by streets and occupied
by or intended for buildings.
The distance along one side of a street between the nearest
two streets that intersect said street on the same side.
shall mean the Zoning Board of Adjustment.
A dwelling unit or group home, not a Bed and Breakfast, where
lodging is provided:
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For compensation;
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By pre-arrangement;
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In rooms without kitchen facilities; and,
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For 5 or more roomers or boarders
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A passage that is one story in height, covered by a roof,
and for which the sole purpose is to provide a covered or walkway
connection between a main building and an accessory building. In determining
the minimum setback required for buildings, connection by a breezeway
shall not make any accessory building an integral part of the principal
building on the lot.
A structure having a roof supported by columns or walls and
designed or intended for the shelter, support, enclosure or protection
of persons or chattels, except for tents and canopies.
A detached subordinate building arranged and designed for
a use which is clearly incidental to that of the main building or
to the use of the land and which is not occupied for dwelling purposes
and provided further that a trailer or mobile home shall never be
construed to be within this definition.
A building for social, educational and recreational activities
of a neighborhood or community not operated primarily for commercial
gain.
The side of a building most nearly parallel with and adjacent
to the front of the lot on which it is situated.
A line located a minimum horizontal distance from a front
lot line and parallel thereto, over which no part of a building shall
extend, unless otherwise permitted in this code.
A line located a minimum horizontal distance from a rear
lot line, if any, and parallel thereto, over which no part of a building
shall extend, unless otherwise permitted in this code.
A line located a minimum horizontal distance from a side
lot line, if any, and parallel thereto, over which no part of a building
shall extend, unless otherwise permitted in this code.
A building in which is conducted the principal use of the
lot on which it is situated.
The sale of new building materials and supplied [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.
The sale of new building materials and supplied [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.
Two (2) or more buildings, except dwellings, grouped upon
a lot and held under single ownership or lease, such as but not limited
to: Universities, hospitals and institutions.
Any premises for the transient housing or parking of motor-driven
buses and the loading and unloading of passengers.
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.
An establishment used for the production, display and sale
of furniture and soft coverings for furniture.
A lot or tract of land upon which two or more campsites are
located, established or maintained for occupancy by camping units
or recreational vehicles (of the general public) as temporary living
quarters for recreational, education or vacation purposes.
Any tent, trailer, cabin, lean-to or similar structure established
or maintained and operated in a campground as temporary living quarters
for recreational, education or vacation purposes[.]
Any structure of a permanent nature attached to or independent
of the main structure, built and designed for the purpose of shielding
from the elements, or a roof-like structure of a permanent nature
which is supported by or projects from the wall of a structure. The
typical form of a canopy is flat, and in historic architecture, the
outer edges are often suspended by chain, metal cable, or columns.
Any touring, commercial exhibition that includes amusement
activities, including but not limited to rides, merry-go-rounds, booths
for the conduct of games of skill, food dispensing facilities, sideshows,
medicine shows and wild west shows.
An open-sided, roofed motor vehicle shelter. No siding shall
be allowed unless the carport is adjacent to a structure.
Any touring, commercial exhibition that includes but not
limited to menageries, sideshows, performances of skill, animal shows
and similar amusement activities which are open to the public for
admission to which a fee is charged.
The Chief administrative officer of the City of Littlefield
appointed by the City Council. The term City Manager shall include
those persons designated by the City Manager to exercise authority
under this ordinance.
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 “Child 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).
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.
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.
An industrial facility where fabrics are cleaned and [in]
substantially non-aqueous organic solvents. (Also see 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 Dying; Dry Cleaning Plant).
A facility or station designed and used for the examination
and treatment of persons ill and affected, as outpatients.
An institution established for educational purposes offering
courses of study beyond the secondary education level, but excluding
trade and commercial schools.
Shall mean the city Planning and Zoning Commission of Littlefield,
Texas.
Shelters which provide confidential shelter and services
in emergency circumstances over a period of generally more than single
days.
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.
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.
Community Home is a community-based residential home operated
by: the Texas Department of Mental Health and Mental Retardation,
a community center organized under Subchapter A, Chapter 534, Health
and Safety Code, that provides services to persons with disabilities,
an entity subject to the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon’s Texas Civil Statutes), or an entity
certified by the Texas Department of Human Services as a provider
under the medical assistance program serving persons in intermediate
care facilities for persons with mental retardation; or a personal
care facility licensed under Chapter 247, Health and Safety Code,
provided that the exterior structure retains compatibility with surrounding
residential buildings. See Section 123.004 in the Texas Human Relations
Code [Human Resources Code]. A community-based home shall be limited
to six (6) or fewer clients as well as any caretakers, home owner
and children.
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Care includes:
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i.
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food and shelter;
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ii.
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personal guidance;
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iii.
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care;
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iv.
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habitation services.
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Should any land use be proposed that is not addressed within
the definitions or permitted uses of this ordinance, the City Manager
shall determine a use that is listed as “comparable” and
permit the owner of the property to proceed with development, subject
to all other development requirements of land. Any appeal or grievance
of such determinations shall be appealed to the Zoning Board of Adjustment
as an “administrative appeal.”
City of Littlefield: A periodically updated series of documents
that unify all elements and aspects of city planning. Based on careful
analysis and projection these volumes reflect the best judgment of
the City Council, planning and zoning commission and staff to ensure
the growth and prosperity of the City of Littlefield. The plan shall
serve as a policy guide to zoning and subdivision development decisions.
A clothing store offering for sale to the general public,
used clothing, said merchandise being consigned to the owner or operator
of said store for sale to the general public, including accessory
items customarily offered for sale in such premises.
Shall mean “touching” or “in contact.”
A retail establishment providing for the sale of food, alcoholic
and non-alcoholic beverages, items, non-prescription 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.
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.
The elevation of the established curb in front of the building
measured at the center of such front. Where no curb grade has been
established, the city engineer shall establish such curb grade or
its equivalent for the purpose of this ordinance.
Includes such uses as tailor, shoe repair, barber/beauty
shop, health studio, or travel consultant.
in order to provide peace, quiet and domestic tranquility
within all residential neighborhoods within the City and in order
to help all residents gain freedom from excessive noise, excessive
traffic, nuisance, fire hazards and other possible side effects of
commercial uses being conducted in residential areas, the following
standards shall apply to all home occupations.
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Criteria:
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a.
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No person, other than members of the family who reside in the
dwelling where a home occupation occurs, may engage in such occupation,
profession, domestic craft, instructional or economic enterprise.
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b.
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The area utilized for the home occupation shall not exceed 25%
of the gross floor area of the principal building where the home occupation
occurs.
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c.
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In no way shall the appearance of the structure be altered or
the occupation be conducted in a manner which would cause the premises
to differ from its residential character either by the use of colors,
materials, construction, lighting or the emissions of sounds, noise
or vibrations. A home occupation shall produce no offensive noise,
dust, odors or heat. A home occupation shall be completely contained
within the principal building. Any noise, vibration, smoke, electrical
interference, dust, odors, heat or visual or audio interference detectable
beyond the property lines or beyond the walls of the dwelling unit,
if the unit is part of a multifamily structure, shall constitute a
violation of the terms of this Section.
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d.
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No detached accessory building may be used in conjunction with
a home occupation.
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e.
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All material, equipment, and/or supplies used in conjunction
with a home occupation shall be completely enclosed with no exterior
storage, temporary or permanent, allowed.
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f.
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No stock, goods, wares or merchandise shall be sold on the premises
other than that which is prepared or produced upon the premises. Direct
sales on the premises of other merchandise are allowed by prior individualized
invitation.
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g.
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Signage for home occupations shall be limited to one non-illuminated
sign with a maximum area of two square feet.
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h.
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Delivery and pickup of materials to and from the home occupation
shall not exceed two trips per week by a commercial vehicle.
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i.
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A reasonable inspection of the home occupation structure shall
be allowed for the City Manager or his appointee.
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Allowed Uses. Allowed home occupations include, but are not
limited to, the following:
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Teaching, tutoring, counseling or treatment of persons at a
residence, so long as such services are provided to no more than 10
persons per day (at that residence) and for no more than 6 days per
week.
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The care of not more than 6 children under the age of 14 years
during any one calendar day (excluding the caregiver’s own children),
and the care of an additional 6 elementary school age children during
non-school hours only, so long as the total number of children (including
a caregiver’s own minor children) does not exceed a maximum
of 12 at any given time. In appropriate circumstances following a
hearing the Zoning Board of Adjustment may allow for the keeping of
more than 12 children, so long as such variance does not adversely
affect the residential character of the neighborhood. Such a review
shall follow the procedures for the granting of variances generally.
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Community homes as described above.
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A place open to the public where dancing is permitted, with
alcoholic beverage sales prohibited.
To move the body, especially the feet, in rhythm, ordinarily
to music.
A place maintained or conducted under public or private auspices
which care for more than six (6) children during a part of the twenty-four
(24) hours of the day.
A parcel or abutting parcels of land that has definite boundaries,
which is improved as a single unit of use.
A section of the City of Littlefield, for which the regulations
governing the areas, heights or uses of buildings or lots are uniform.
For the purpose of determining who is eligible for residency
in a “community home” allowed as household living, a person
with a disability means a person whose ability to care for himself,
perform manual tasks, learn, work, walk, see, hear, speak, or breathe
is substantially limited because the person has:
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an orthopedic, visual, speech or hearing impairment;
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Alzheimer’s disease;
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pre-senile dementia;
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cerebral palsy;
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epilepsy;
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muscular dystrophy;
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multiple sclerosis;
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cancer;
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heart disease;
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diabetes;
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mental retardation;
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emotional illness.
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A retail store offering a wide variety of merchandise in
departments and exceeding 7,000 square feet of floor area.
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.
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.
Editor’s note–Ordinance 2019-0129-4
contained two definitions for “Dormitory.”
Any area on a development lot intended for the parking of
motor vehicles, which said area is one of the following:
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Any permanently paved area, surfaced in accordance with the specifications set out in sections [Section 15.33], any decision as to the acceptability of comparable materials for both existing or proposed paving shall be made by the building official and is appealable to the building board of appeals. Any paved or gravel driveway existing on the effective date of this Ordinance and deemed not to be of comparable materials shall have legal nonconforming use status; or
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If there is no permanently paved area as set out in subsection
a. [sic] above, a single area which is unpaved and immediately perpendicular
to a curb cut.
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No driveway may be located in the intersection visibility triangle as defined in Section 15.20 of this ordinance.
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A business engaging in the reproduction of printed or photographic
impressions through:
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Mimeographic copy process; or
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Electrostatic or thermal copy process, whether wet or dry, with
machines having a maximum finished product capacity of fourteen by
eighteen (14 x 18) inches.
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A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple-family dwellings,
except for buildings designed and used as hotels, boarding, rooming
houses and motels.
A building or portion thereof arranged, designed or occupied
as a residence by three (3) or more individuals and/or families having
separate quarters and living independently of each other in separate
units.
A detached building designed exclusively for occupancy by
one family, excludes manufactured structures unless located in the
appropriate zoning district.
One of a series of three (3) and not more than ten (10) attached
one-family dwellings under common roof with common exterior wall,
and separated from one another by single partition fire-rated walls
without openings from basement to roof. Each unit is designed for
occupancy by one family.
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 roof.
One or more rooms in a dwelling designed for occupancy by
one individual or family living independently as a single housekeeping
unit, with no more than one kitchen unit.
A residence allowed to have little or no side yard on one
side, where the wall on that side has no doors, windows, or other
openings and which otherwise qualifies for a one-hour fire rating
as defined in the building code, each interior unit shall have a minimum
of twenty (20) feet of attachment. Each unit is normally constructed
on one platted lot. Between each set of homes, a ten-foot fire break
shall be constructed. Also referred as a Garden Home.
A college or university giving general academic instruction
equivalent to the standards prescribed by the state board of education.
A one-room dwelling, designed for occupancy by one person,
containing two hundred and fifty (250) through three hundred and fifty
(350) square feet of net floor area, which may include kitchen facilities
within the room and shall have a bathroom within such area.
A subsidiary station in which electric current is transformed.
An area or space either outside or within a building for
the display of topic-specific goods or information.
The Federal Aviation Administration.
One or more persons related by blood, adoption or marriage,
or not more than four (4) unrelated persons living together as a single
housekeeping unit.
An area where outdoor fairs, circuses or exhibitions are
held.
An area of five (5) acres or more which is used for growing
of usual farms 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 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.
A tract of land cultivated by an owner or tenant for the
purpose of supplying provisions and/or food, primarily for his own
use.
The Federal Communications Commission.
An establishment for the selling of foodstuffs for animals
and including implements and goods related to agricultural processes
but not including farm machinery.
An establishment for the selling of foodstuffs for animals
and including implements and goods related to agricultural processes
but not including farm machinery.
Area used for the confined feeding of domesticated animals.
A fence of wood, masonry or metal, permanently constructed
of products commercially sold as fence materials and which provides
a solid, opaque barrier.
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.
An establishment displaying plants, flowers, floral supplies,
and similar items.
An establishment that displays and sells consumable goods
that are not to be eaten on the premises.
An organized group having a restricted membership and specific
purpose related to the welfare of the members.
All lot lines contiguous with a street shall be front lot
lines. Every lot must have at least one front lot line.
The front of a lot shall be considered to be that side of
the lot which fronts on a street. In the case of a corner lot, the
narrowest side fronting on the street shall be considered to be the
front of the lot. In case the corner lot has equal frontage on two
(2) or more streets, the lot shall be considered to front on that
street which the greatest number of lots abut.
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.
Any business which operates six (6) or more skill or pleasure
coin-operated machines or any business whose principal business is
the operation of skill or pleasure coin-operated machines, without
regard to number.
A detached accessory building or portion of the main building
for the parking or temporary storage of automobiles of the occupants
of the premises.
A building other than a private garage used for the care,
repair or equipment of automobiles, or where such vehicles are parked
or stored for remuneration, hire or sale.
The sale of items normally accumulated by a household subject
to compliance with each of the following conditions:
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No more than three (3) garage sales shall be allowed for the
same location in any twelve-month period. The duration of the garage
sale shall not exceed three (3) consecutive days.
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No items shall be purchased for a garage sale for the purpose
of resale.
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No items for sale shall be displayed outside of the residence,
garage or carport.
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A building used for the display and retail sale of plants,
landscaping materials and horticultural supplies.
A freestanding, detached structure used for residential purposes
which is built in accordance, [sic] also termed a “zero lot
line” home.
Facility at which natural gas flows are regulated and recorded.
An establishment other than listed for the treatment and/or
processing of products as a service on a for-profit basis.
(Other than Specifically Listed.) 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.
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.
An area of twenty (20) acres or more improved with trees,
greens, fairways, hazards and which may include clubhouses.
An area for practicing golf [which] may or may not be associated
with a golf course.
A promotional activity for a new business permitted by the
codes administrator for a period not to exceed sixteen (16) days.
A business shall not have more than one grand opening. The permittee
shall be responsible for properly anchoring objects.
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.
A building consisting of glazed frames or sashes, often artificially
heated, used for the purpose of cultivating plants too tender to endure
open air.
The gross floor area of a building shall be measured by taking
outside dimensions of the building at each floor level.
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 no kitchen
facilities and not rented or otherwise used as a separate dwelling.
The height of a building or portion of a building shall be
measured from the average established grade at the street lot line
or from the average natural ground level, if higher; or if no street
grade has been established, to the highest point of the roof’s
surface if a flat surface, to the deck line of mansard roofs, and
to the mean height level between eaves and ridges for hip or gable
roofs. If measuring the height of a building the following structures
shall be excluded: Chimneys, cooling towers, radio towers, ornamental
cupolas, or spires, elevator bulkheads, tanks, water towers, and parapet
walls not exceeding four (4) feet in height.
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When referring to an antenna or other structure, the distance
measured from ground level to the highest point on the structure,
even if the highest point is an antenna.
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A landing facility for rotary wing aircraft which may [sic]
HOSPITAL: 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.
A building occupied as the more or less temporary abiding
place of individuals who are lodged with or without meals, in which,
as a rule, the rooms are occupied singly for hire, in which provision
is not made for cooking in any individual apartment, and in which
there are more than twelve (12) sleeping rooms, a public dining room
for the accommodation of more than twelve (12) guests, and a general
kitchen.
A residence allowed to have little or no side yard on one
side, where the wall on that side has no doors, windows or other openings
and which otherwise qualifies for a one-hour fire rating as defined
in the building code. Also termed a “garden home.”
Any one of the following.
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One or more persons related by blood, marriage or adoption,
living together in a dwelling unit;
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A group of not more than four persons not related by blood,
marriage, adoption, or legal guardianship living together in a dwelling
unit; or
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Two unrelated persons and their children living together in
a dwelling unit.
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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.
A dwelling unit which provides residence and care to not
more than six (6) 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, and which is not a Boarding House or a Bed and Breakfast.
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 or more sections, which in the traveling
mode is 8 body feet or more in width or 40 body feet or more in length,
(and when erected on a site, is 320 square feet or more) and which
is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning and
electrical systems.
a secondary or minor use associated with a primary use. Incidental
use shall not exceed 25% of the floor area of the primary use.
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.
A place for the care of babies, children, pensioners or old
people, except those for correctional or mental cases.
A metal standardized re-sealable transportation box for unitized
freight handling with standardized equipment, commonly referred to
as a “sea container.”
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 “junkyard” includes an automobile wrecking
yard and automobile parts yard. A “junkyard” does not
include such uses conducted entirely within an enclosed building.
(Also see Metal Dealer, Secondhand)
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. Existing animal control
limits animals in residential districts.
Plant material of the evergreen variety, a minimum of six
(6) feet in height at the time of installation and planted on four-foot
centers. All such landscape screens shall be permanently maintained.
Adequate facilities shall be provided for watering at the time of
installation.
Creating an aesthetic effect by the use of a combination
of plant material, including but not limited to grass, trees and shrubs,
planters, brick, stone, natural forms, water forms, aggregate and
other landscape features. Landscaping shall not include the use of
smooth concrete or asphalt.
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.
A business that processes ingredients from one state to another
by mixing, heating, or fermenting and providing goods mainly for the
wholesale market without the emission of noxious odors, smoke, noise,
or significant truck traffic.
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.
A symbol used in drafting, which has only one dimension,
length.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials,
and which abuts upon a street or other appropriate means of access[.]
An undivided tract or parcel of land under one ownership
having access to a street, either occupied or to be occupied, by a
building or building group together with accessory buildings and used
together with such yards and other open spaces as are required by
this ordinance, which parcel of land is designated as a separate and
distinct tract and is identified by a tract or lot number or symbol
in a duly approved subdivision plat of record.
The total horizontal area within the lot lines of a lot.
LOT, INTERIOR: A lot other than a corner lot.
The lines designated on a plat as being the boundaries of
a lot.
For commercially and industrially zoned property, it shall
be equal to the length of the greatest front lot line. For residential
zoned property, it shall be equal to the length of the shortest front
lot line.
For off-street parking and loading purposes, these terms
shall refer to either one or both of the following construction activities.
Construction of additional floor area to an existing building equal
to or in excess of 25 percent of the present floor area of the building
in question. Repairs or alterations to an existing building, that
are expected to increase the monetary value of that building by a
factor of 50 percent or more, as determined by the Building Official.
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.
A contiguous parcel of land with required improvements and
utilities for the accommodation of occupied manufactured housing;
may include services and facilities for the residents.
A designated parcel of land for the placement of a single
manufactured housing unit and the exclusive use of its occupants,
that is not located on a manufactured housing sales lot.
A tract or land that is to be, or has been, divided or partitioned
into two or more lots of adequate size for residential use by a subdivider
or his agent for the purpose of sale and occupancy with manufactured
housing units. The term subdivision includes resubdivision.
Any place of business in which massage therapy is practiced as its principal business by a massage therapist as defined in Article 4512k, Section 1, Vernon’s Annotated Texas Civil Statutes [V.T.C.A., Occupations Code, Section 455.001.]
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 their alloys, including coins and commemorative
medallions, under terms and conditions found in Vernon’s Ann.
Civ. St., art. 990a.
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.)
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which in the traveling mode is 8 body feet
or more in width or 40 body feet or more in length, or, when erected
on-site is 320 square feet or more, and that is built on a permanent
chassis and designed to be used as a dwelling with or without a penman
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems.
A building or group of buildings designed primarily to serve
individuals traveling by automobile in which lodging is provided for
more than twenty (20) persons for compensation and where an office
and register is maintained separately and apart from any of the rooms
or 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 as accessory uses: restaurants, club rooms,
banquet halls, ballrooms and meeting rooms.
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.
Any river, pond, canal, railroad, levee, embankment or fence
or hedge which prohibits a view of the use from the outside.
A place where alcoholic beverages are sold for consumption
on the premises, with or without food, as the primary business. Live
entertainment may be provided and dancing permitted subject to other
applicable city ordinances.
A building or structure or portion thereof lawfully existing
at the time this ordinance became effective, which was designed, erected,
or structurally altered for a use that does not conform to the use
regulations of the district in which it is located.
A use which lawfully occupied a building or land at the time
this ordinance became effective and which does not conform to the
use regulations of the district in which it is located.
Nude, nudity or state of nudity means appearing while any of
the following portions of the human body are less than completely
and opaquely covered:
Genitals, whether or not in a state of sexual arousal; or
Pubic region or pubic hair; or
Buttock(s); or
The portions of the female breast(s) beginning from a point
immediately above the top of the areola and continuing downward to
the lowest portion of the breast(s); or
Any combination of the above.
Semi-nude or semi-nudity means a state of dress in which clothing
covers only the genitals, anus, and pubic region.
Simulated nudity means a state of dress in which any artificial
device or covering is worn on a person and exposed to view so as to
simulate an actual “state of nudity.”
A person, thing, or situation that is annoying or that causes
trouble or problems. Persons in possession of real property (land
owners, lease holders etc.) are entitled to the quiet enjoyment of
their lands. When an actor interferes with that quiet enjoyment, so
as to offend a person of ordinary nervous sensibilities living in
an urban setting, by creating or allowing the existence of: unreasonable
animal sounds, loud music, or other sounds; smells; pollution; vermin,
rodents, or insects; obnoxious weeds, grass or other vegetation; accumulation
of junk; or any other hazard, that extends past (or the effect thereof
extends past) the boundaries of the actor’s property and into
the person’s property, this is a nuisance. Moreover a Nuisance
is also defined as another [any] use of or condition existing on land
proscribed by state law or common law as a nuisance.
A place where trees, shrubs, or flowering plants are raised
from seed or otherwise in order to be transplanted or propagated.
Same as “Day Care Center.”
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.
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.
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 associations
but excluding medical offices.
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.
An area for the temporary storage of an automobile which
shall be permanently reserved for such purpose and which shall not
be within or on any public street, alley or other right-of-way. Such
area shall:
Have a permanent all-weather surface paved in accordance with
city standards for residential streets (subject to standards allowed
for the City Manager).
Have dimensions for each space of not less than nine (9) feet
by eighteen (18) feet.
When off of any alley has dimensions for each space of not less
than nine (9) feet by twenty-four (24) feet.
Be accessible by an all-weather-surfaced drive of sufficient
width to provide for access and maneuvering, which drive shall connect
with a dedicated street or alley, provided, however, such drive shall
not be required for spaces that abut an alley.
Be appropriately defined or marked to delineate one space from
another.
Be so designed and regulated that no parking, or maneuvering
incidental to parking, shall be on any public street or walk. Provided,
however, this provision shall not apply to access from an alley or
to single-or two-family units.
Provide adequate barriers to keep any parked vehicle from extending
into or overhanging any public right-of-way.
Be so designed that any vehicle may be parked and unparked without
requiring the moving of any other vehicle.
Be located on the development lot.
Any hole or holes, bore or bores, to any sand formation,
strata or depth for the purpose of producing and recovering any oil,
gas, liquid hydrocarbon, or any of them.
Area included in any side, rear or front yard or any unoccupied
space on a lot that is open and unobstructed to the sky.
A place where alcoholic beverages are sold for consumption
off the premises as the primary business activity.
A privately owned park, playground, open space or building
dedicated to recreational activities, maintained by a community club,
property owners’ association, or similar organization.
An open recreation facility or park owned and operated by
a public agency and available to the general public.
A surface consisting of compacted caliche, gravel, or a surface
consisting of any similar material approved by the Building Official.
An open area, other than a private parking area, street or
alley, used for the parking of automobiles and available for public
or quasi-public use.
Area for parking light load vehicles.
Area for parking heavy load vehicles.
Any part of the public right-of-way lying between the curb
or grade line of any public street and the abutting private property
line.
An establishment where money is loaned on the security of
personal property pledged in the keeping of the owner (pawnbroker).
Shall be defined as a constant and continuing state of maintenance,
thereby preserving the installation as similar to the original as
possible.
When used in this ordinance shall mean every natural person,
firm, co-partnership, association, partnership, corporation or society;
and the term “person” shall include both singular and
plural, and the masculine shall embrace the feminine gender.
All regulations of this Code of Ordinances apply to personal
care facilities. A personal care facility is defined as an establishment
including a board and care home that:
Personal care services means:
Assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance;
The administration of medication by a person licensed to administer
medication or the assistance with or supervision of medication; or
General supervision or oversight of the physical and mental
well-being of a person who needs assistance to maintain a private
and independent residence in a personal care facility or who needs
assistance to manage the person’s personal life, regardless
of whether a guardian has been appointed for that person.
An establishment primarily engaged in providing services
generally involving the area of the person or his apparel including
but not limited to barber and beauty shops, dry cleaning and laundry
pickup stations and reducing salons/health clubs.
A retail establishment offering small animals, fish, or birds
for sale as pets and where all such creatures are housed within the
building.
The purchase and resale of pets and related items and supplies.
Business whose primary purpose is the sales, service or installation
of equipment pertaining to plumbing, heating, refrigeration or air
condition.
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, service or repair operation.
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.
Local branch of the United States Postal Service or private
commercial venture engaged in the distribution of mail and incidental
services.
A business engaging in the reproduction of printed or photographic
impressions, including but not limited to the processes of composition,
binding, plate making, micro-form, type casting, press work, and printmaking.
Building for confinement of persons convicted of crime, jail.
Outside sales activities in compliance with the city’s
itinerant vendor ordinance or regulations.
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 truck; provided. [sic]
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.
A facility used for the racing of motor-driven vehicles and/or
animals.
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.
The transmission, re-transmission, 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.
Any premises for the transient parking of trains and the
loading and unloading of passengers.
Includes track and undeveloped right-of-way, but does not
include railroad stations, sidings, team tracks, loading facilities,
dockyards, or maintenance areas.
Any lot line contiguous to an alley.
Any tower or antenna that is under seventy (70) feet in height
and is owned or operated by a federally licensed amateur radio station
operator or is used exclusively for reception only, including local
television broadcast reception antennas, direct broadcast satellite
antennas or multichannel multipoint distribution services. Receive-only/amateur
radio antennas are not subject to regulation under this chapter.
A pickup with a slide-in camper or a van type vehicle converted
for camping use, one ton or less in rated capacity and not longer
than twenty-two (22) feet in length, either of which is used both
for constant transportation and incidental camping purposes.
Such equipment or trailers shall include any boat, on or
off a trailer; any boat trailer; any race car or parts, on or off
a trailer; any snowmobile, on or off a trailer; any dune buggy, on
or off a trailer; any motorcycle trailer, and any utility, cargo or
stock trailer.
Any recreational equipment or trailer whose total size or
total combined (equipment and trailer measured together) size, excluding
any trailer tongue, is over seven (7) feet in width or seven (7) feet
in height or twenty-two (22) feet in length.
Recreational vehicle, travel trailer and vacation travel
trailer are used synonymously throughout the comprehensive zoning
ordinance and mean a vehicle designed for a temporary or short-term
occupancy for travel, recreational and vacation uses. Such vehicles
shall include any travel trailer, camp trailer, pop-up or tent campers,
house trailer, mobile home, motor home or house car, and any pickup
camper, on or off the pickup (excluding recreational dual purpose
vehicles), except a simple shell, on the pickup, having no cooking
or bath facilities.
A use characterized by the collection (from household and
business consumers) of small items such as cans, glass, plastic and
paper, for temporary storage and subsequent transport to another facility
for processing. No mechanical means of processing or collecting shall
be allowed, including, but not limited to the crushing of cans.
A parcel of land, with or without buildings, upon which small
items such as cans, glass, plastic and paper (collected from household
and business consumers) are separated and processed for shipment for
eventual reuse in new products.
The operation of a service business which involves servicing,
making repairs, replacements and installations of refrigeration units.
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.)
The upgrading of a building previously in a dilapidated or
substandard condition, for human habitation or use.
A dwelling unit which provides residence and care to not
more than six (6) 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.
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.
A parcel of land left over after subdivision or resubdivision
which is located and is confined on both sides of the subdivision
or resubdivision by buildings or other improvements that would prevent
extension.
Converting waste from animal slaughterhouses, kitchen grease
and/or livestock carcasses into industrial fats and oils (such as
tallow for soap) and various other products (such as fertilizer).
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.
A place where the primary business is the preparation and
sale, on the premises, of food to members of the general public, and
providing kitchen facilities separate and apart from the area of the
premises devoted to public dining and which may or may not provide
live entertainment to patrons of the premises. Public dancing shall
be allowed on premises only upon the granting of a special exception
by the ZBA as provided in this Code.
A separate area located in or on the premises of a restaurant,
which area meets the following conditions or standards:
Meets all requirements of other applicable city codes.
Contains a stove and oven in working order.
Provides refrigerated storage for food to be prepared and sold
on the premises.
Is staffed by a full-time cook or chef who must be on duty for
the preparation of food during the hours that the restaurant is open
to members of the general public until the hour of 11:00 p.m. each
day said restaurant is open for business.
Provides a full-service menu with a variety of entrees to be
available until 11:00 p.m. (or until closing) each day to members
of the general public seeking food on the premises which lists all
food items for sale together with the price of such items.
Maintains a food inventory and condiments for use by the cook
or chef in the preparation of food for sale to members of the general
public.
Provides pots, pans and utensils necessary for use by the cook
or chef in the preparation of menu items for sale to members of the
general public.
A restaurant may have, as an incidental use, accessory pass
out windows for delivery of food to be consumed off-premises (not
on property occupied by the restaurant).
A place meeting the definition of “restaurant”
as set forth in this Code and containing “Restaurant Kitchen
Facilities” as defined in this Code that serves alcoholic beverages
to members of the general public as an incidental use to their primary
business operation and which meets the following conditions:
No outside or exterior entrance shall be provided for any area
of the premises exclusively devoted to the preparation, sale and primary
consumption of alcoholic beverages.
No outside sign, separate identification, or advertising of
any type shall be allowed for the area within the restaurant devoted
to the preparation, sale and primary consumption of alcoholic beverages.
No independent advertising of alcoholic beverages for sale shall
be allowed, however, it shall be permissible to advertise the sale
of alcoholic beverages with food offered for sale to the general public
in any public advertisement.
A restaurant may have, as an incidental use, outside dining
areas/patios subject to the following guidelines:
The outside dining areas/patios shall be completely surrounded
by an architecturally compatible fence (three-foot minimum height)
designed suitably to prevent trash from being blown onto adjacent
areas. Noise of any sort shall be subject to the definition of Nuisance.
The outside dining areas/patios shall be accessed by a door
or doors from the restaurant only. No open access shall be permitted
from outside through the fence (emergency exits with approved panic
hardware shall not be considered open access).
The outside dining areas/patios will be allowed within the commercial
required setback but shall be a minimum of twenty-five (25) feet from
any front property line.
Alcoholic beverage sales as an incidental use may be permitted
as defined. Any containment of outside dining areas required by state
law or regulation shall be applicable.
A place where the primary business is the preparation and
sale, on the premises, of food to members of the general public, and
providing kitchen facilities separate and apart from the area of the
premises devoted to public dining and which may or may not provide
live entertainment to patrons of the premises.
The replication or reconstruction of a building’s original
architectural features, usually, with regard to historic landmarks.
The sale of goods, merchandise, services and/or commodities
to the general public.
Establishments offering all types of consumer goods for sale
except food and beverages, 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.
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:
cafeteria and/or dining room
library
game room
swimming pool and/or Jacuzzi
exercise room
arts and crafts facilities
greenhouse
housekeeping service
transportation service
snack bar with a maximum of 350 square feet per 100 dwelling
units
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
(so which is it?) [sic]
convenience retail shop with maximum of 350 square feet per
100 dwelling units to provide for sale of food items, non-prescription
drugs, small household items, and gifts
a pharmacy
Any building or portion thereof which contains guest rooms
which are designed or intended to be used, let or hired out for occupancy
by, or which are occupied by three (3) or more, but not exceeding
eleven (11) individuals for compensation, paid directly or indirectly,
and no meals are served or provided the occupants. Also noted above
as a boarding house.
An institution which offers instructions 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. High schools include
junior and senior.
An institution of learning having a curriculum equivalent
to public schools (does not include specialty schools, such as dancing,
music, beauty, mechanical, trade, swimming or commercial schools).
Schools not dedicated to public or private school curriculum.
Specialty schools include schools teaching: Dance, Music, Art and
similar activities as their primary function.
A solid six-foot fence or wall of wood or masonry construction
which shall be installed prior to or concurrently with the first building
permit issued in a development and which shall be permanently maintained.
An establishment offering for sale used merchandise, with
the storage and display of such items wholly contained inside a building
or structure.
A facility used for storage of goods and/or materials with
separate access to individual storage units by persons renting the
individual units for storage.
Semi-nude means a state of dress in which clothing covers
only the genitals, anus, and pubic region.
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 persons 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.
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.
An area for the servicing and storage of vehicles or other
property of a governmental agency.
The providing, featuring or offering of one or more employees
or entertainment personnel who appear while in a state of nudity,
semi-nude or simulated nudity and provide live performances or entertainment
intended to provide sexual stimulation or sexual gratification to
customers and which is offered as a feature of a primary business
activity of the venture; or, the providing, featuring or offering,
as a “primary business activity,” as defined herein of
non-live, sexually explicit entertainment materials, or items for
sale or rental to customers, or the providing or offering of a service
or exhibition of materials or items which are intended to provide
sexual stimulation or sexual gratification to its customers, said
materials, items or services being distinguished by or characterized
by an emphasis on subject matter depicting, describing or relating
to “specified sexual activities” and/or “specified
anatomical areas.”
The term “sexually oriented business” shall include,
but not be limited to the following:
Sexually oriented cabaret.
A sexually oriented cabaret is an establishment whose business
is the offering to customers of live entertainment which is intended
to provide sexual stimulation or sexual gratification to such customers,
and which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities,
specified anatomical areas, nudity, simulated nudity, or any combination
thereof.
Sexually oriented modeling studio.
A sexually oriented modeling studio is an establishment whose
business is the providing to customers, figure models who are so provided
with the intent of providing sexual stimulation or sexual gratification
to such customers and to display specified anatomical areas while
being observed, painted, sketched, drawn, sculptured, photographed,
or otherwise depicted by such customers.
Sexually oriented bookstore, film or video store.
A sexually oriented bookstore, film or video store is an
establishment having a primary business activity of marketing, selling,
displaying or dispensing stock in trade, books, films, videos, magazines,
periodicals, computer imaging products or other reproductions which
are intended to provide sexual stimulation or sexual gratification
to customers, and which are distinguished or characterized by an emphasis
on depicting or describing “specified sexual activity”
or “specified anatomical areas.”
Sexually oriented viewing booth or arcade.
A sexually oriented viewing booth or arcade is an establishment
or commercial venture which has within its structure any coin-operated
or slug-operated or electrical or mechanical device, which projects
or displays any image into a viewing area or other enclosure which
is designed for presenting material intended to provide sexual stimulation
or sexual gratification to customers, and which are distinguished
or characterized by a predominant emphasis on matter depicting, describing,
or relating to “specified sexual activities” or “specified
anatomical areas.”
Sexually oriented theater or sexually oriented motion picture
theater.
A sexually oriented theater or sexually oriented motion picture
theater is an establishment or commercial venture which is conducted
within an enclosed building and which projects or displays for viewing
by an audience material intended to provide sexual stimulation or
sexual gratification to customers, and which are distinguished or
characterized by a predominant emphasis on matter depicting, describing
or relating to “specified anatomical areas” or “specified
sexual activities” for observation by patrons.
Sexually oriented lounge.
A sexually oriented lounge is a “sexually oriented
cabaret” as defined above which allows the consumption of alcoholic
beverages on the premises.
Sexually oriented retail store.
A sexually oriented retail store is a retail establishment
which has a primary business activity of marketing, selling, displaying
or dispensing stock in trade, books, films, magazines, periodicals,
instruments, devices, paraphernalia, or any other products intended
to provide sexual stimulation or sexual gratification to customers,
and which are distinguished or characterized by an emphasis on depicting,
describing or related to “specified sexual activities”
or “specified anatomical areas.”
Sexually oriented motel or adult motel.
(i)
(ii)
Sexually oriented motel or adult motel means a hotel, motel
or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic or
computer-generated reproductions which are intended to provide sexual
stimulation or sexual gratification to customers, and which are characterized
by the depiction or description of “specified sexual activities”
or “specified anatomical areas”; and has a sign visible
from the public right-of-way which advertises the availability of
such adult types of photographic or computer-generated reproductions;
or
Offers a sleeping room for rent on an hourly basis; or allows
a tenant or occupant of a sleeping room to sub-rent the room on an
hourly basis.
Sexually oriented escort agency.
A sexually oriented escort agency is a person or business
association that furnishes, offers to furnish, or advertises to furnish
escorts as one of its primary business purposes, for a fee, tip, or
other consideration. For purposes of this definition an escort means
a person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease for another person.
Sexually oriented encounter center.
A sexually oriented encounter center is a business or commercial
venture that offers for any form of consideration physical activities
between persons when one or more of the persons are in a state of
nudity or semi-nudity.
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned, or managed as
an operating unit which is related to its location, size, and type
of shops to the trade area that the unit serves. The unit provides
on-site parking in definite relationship to the types and total size
of the stores.
The pole yard, maintenance yard, and/or administrative offices
of a municipality or franchised utility.
Any words, numbers, figures, devices, designs, trademarks
or other symbols, which attract attention to or make known such things
as an individual, firm, profession, business, commodity or service,
and which is visible from any public street. This definition of “sign”
shall include any structure designed to be used for said display.
For the purpose of removal, “sign” shall also include
sign supports.
A detailed line drawing clearly describing the project and
showing the following information:
Drawn to scale showing scale used, north arrow, date and title
of project.
Property lines, location and widths of all streets, alleys and
easements.
Proper dimensions on all fundamental features such as lot, buildings,
parking spaces, landscaped areas.
The location of setback lines, driveway openings and sidewalks.
All proposed buildings, freestanding sign locations, parking
areas and open space.
All required landscaping, together with a description of type
of material to be used.
A cross-section of any required or proposed screening.
Total square footage of the development lot; total square footage
of proposed structures; total footage of landscaped areas; total percentage
of coverage; density or floor area ratio where applicable; height
of all structures; number of parking spaces; square footage and design
features of all signs; garbage collection facilities.
Name, address and telephone number of the proponent.
A facility and/or premises at which solid waste is temporarily
deposited prior to ultimate removal to a permanent solid waste storage
site.
The fondling, massaging or other erotic touching or stimulation
of “specified anatomical areas;”
Ultimate sex acts, normal or perverted, actual or simulated,
including, but not limited to, intercourse, oral copulation, sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) [a. through c.] above.
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.
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.
A lot used for the outside storage of used materials, machinery,
or equipment, and to which the general public is not normally invited.
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.
A building used primarily for the storage of goods and materials,
containing less than 5,000 square feet of floor space.
A building used primarily for the storage of goods and materials,
containing more than 5,000 square feet of floor space.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between such floor and ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which [on] at least two (2) opposite exterior walls are not more
than two (2) feet above the floor of such story, and which has an
average height of not more than eight (8) feet and covering a floor
area of not more than seventy-five (75) percent of the area of the
floor on the story next below.
A public way which extends primary means of access to abutting
properties.
The horizontal distance between the side lines of a street,
curbed or uncurbed, measured at right angles to the side lines.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground.
A swimming pool with accessory facilities, any part of the
facilities is available to the public for a fee or as a private club.
A swimming pool as an accessory facility to a private residence
or for private use at a public facility.
A switching or transmitting station owned by a public utility
but not including business offices, storage, or repair shops or yards.
The transmission, re-transmission, or reception of radio,
electromagnetic, or microwave signals primarily for the purpose of
operating a business and/or financial gain.
A portable or temporary cover or shelter, with or without
side panels, which is supported by poles and is made of canvas, plastic
or similar materials.
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.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers.
Often termed “row housing.” A house of a row,
joined to its neighbors by party walls and covered by the same roof,
while occupying separate lots. No townhouse structure shall have less
than two (2) dwelling units or an overall length exceeding two hundred
fifty (250) feet.
Any portable or mobile vehicle on wheels, skids or rollers
not structurally anchored to a foundation, either self-propelled,
or propelled by an attached vehicle, animal, person or other propelling
apparatus, which is used or may be used for commercial hauling, or
storage purposes.
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.
Travel trailer, vacation travel trailer and recreational
vehicle are used synonymously throughout the comprehensive zoning
ordinance and mean a vehicle designed for a temporary or short-term
occupancy for travel, recreational and vacation uses. Such vehicles
shall include any travel trailer, camp trailer, pop-up or tent campers,
house trailer, mobile home, motor home or house car, and any pickup
camper, on or off the pickup (excluding recreational dual purpose
vehicles), except a simple shell, on the pickup, having no cooking
or bath facilities.
Travel trailer park means any tract of land under single
ownership, where accommodation is provided for transient trailer use.
Any premises used for the purpose of parking motor vehicles
for remuneration. No repairs or sales will be permitted on the premises.
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
An area used for the display and sale of used automobiles
in operating condition and where no repair work is done except the
minor adjustments of the cars to be displayed or sold on the premises.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.
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 the self-service basis, and where the fuel and
power for the heating of water and drying shall be smokeless and odorless,
and such as will not cast off soot.
The sale of goods, merchandise, services and/or commodities
for resale by the purchaser and does not offer retail sales to the
general public.
The manufacturing, bottling, labeling and packaging of wine
containing not more than twenty-four (24) percent alcohol by volume
from grapes, fruits and berries grown on-premises or imported, and
to include the manufacturing and importation of grape brandy for fortifying
purposes only pursuant to a State Winery Permit. Wine sales may be
to holders of wholesaler’s permits, winery permits, or wine
bottlers permits. Retail sales to ultimate consumers in unbroken packages
for off-premises consumption may not exceed an amount of 35,000 gallons
annually. A winery may include the following accessory uses; tasting
rooms, meeting/banquet facilities or restaurants to dispense wine
for on-premises consumption; and retail sales area of wine for off-premises
consumption.
An establishment holding a State Winery Permit and allowing
the retail sales of wine to ultimate consumers for consumption on
the premises of the winery tasting facility or unbroken packages for
off-premises consumption. As the holder of a State Winery Permit,
the operator of a winery tasting facility may blend wine and/or ferment
wine from prepared juice but may not manufacture on the premises wine
from grapes, fruits or berries grown on-premises or imported. A winery
tasting facility may include meeting/banquet facilities or restaurants
to dispense wine for on-premises consumption.
That part of a building projecting towards the rear lot line,
if any, but only if the width of that projection is less than one-half
of the total building width. For the purposes of this definition,
building width shall be the greatest dimension of the building, as
measured at right angles to the front property line.
Any open space between a building or group of buildings and
the nearest lot line and is unoccupied and unobstructed from the ground
upward.
That yard between the front building line and the front lot
line. YARD, REAR: That yard between the rear building line, and the
rear lot line, if any. YARD, SIDE: That yard between the side building
line, and the side lot line, if any.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
