For the purpose of this Zoning Ordinance, certain terms and
words are to be used and interpreted as defined hereinafter. Words
used in the present tense shall include the future tense; words in
the singular number include the plural and words in the plural number
include the singular, except where the natural construction of the
writing indicates otherwise. The word shall is mandatory and not discretionary.
The following are the Zoning Ordinance definitions.
Accessory Structure.
Any structure, either attached or detached from the main
dwelling, the use of which is incidental to that of the main structure
and located on the same lot. Accessory structures include, but are
not limited to patio covers, arbors, gazebos, cabanas, outdoor kitchens
and/or recreational fire enclosures, trellis, and structures/sheds
or the like. A permit is required for all accessory structures. Also
referred to as accessory buildings.
Acts of Nature.
An extraordinary interruption by a natural cause (such as
a flood or earthquake) of the usual course of events that experience,
prescience, or care cannot reasonably foresee or prevent.
Agricultural Use.
A use that consist of the growing of crops mainly for food
and fiber, or the keeping, grazing, breeding, or feeding of animals
for the products they produce or for eventual sale.
Airport/Heliport.
A place where aircraft and/or helicopters can land and take
off, usually equipped with hangars, facilities for refueling and repair,
and various accommodations for passengers.
Alley.
A minor right-of-way, dedicated to public use, which affords
a secondary means of vehicular access to the back or side of properties
otherwise abutting a street, and which may be used for public utility
purposes.
Antenna.
An instrument or device consisting of wires, poles, rods,
or reflecting discs, designed for transmitting or receiving any portion
of the radio, microwave, or electromagnetic spectrum. See communication
towers and television receivers ordinance in the supplementary ordinances.
Antique Shop and Used Furniture.
A retail establishment engaged in the selling of works of
art, furniture, or other artifacts of an earlier period, with all
sales and storage occurring inside a building.
Apartment.
A room or suite of rooms in a multifamily residence arranged,
designed, or occupied as a place of residence by a single family,
individual, or group of individuals.
Applicant.
Any person or entity that submits to the city an application
for a permit required by the city for a project. To be qualified as
an applicant under this Ordinance, the person or entity must have
sufficient legal authority or proprietary interests in the land to
commence and maintain proceedings under this Ordinance. The term shall
be restricted to include only the property owner(s), or a duly authorized
agent and representative of the property owner.
Application for a Permit.
Any document filed with the city that clearly indicates that
the applicant is seeking consideration for a permit, the type of permit
sought and provides the city with fair notice of the project, and
when used in this Zoning Ordinance, shall include a plan for development
of real property or a plan for development; but excluding applications
to establish or amend a zoning district, including but not limited
to a request to establish or amend a planned development (PD) or to
receive or amend a specific use permit (SUP).
Articulation.
The visual variation to both the height and depth dimensions
of a building through the use of materials, colors, fenestration and
details.
Artisan's Workshop.
An establishment used for the preparation, display, and sale
of individually crafted artwork, jewelry, furniture, sculpture, pottery,
leather-craft, hand-woven articles and related items.
Athletic Stadium or Field, Public.
A field(s) and structure owned and operated by the city and/or
a local independent school district used for sporting events with
associated spectator seating, either permanent or temporary.
Auction House.
A place where objects of art, furniture and other goods are
offered for sale to persons who bid on the object in competition with
each other.
Auto Parts Sales, Inside.
Stores for the sale of new auto parts where all business
is completely contained within a building.
Auto Parts Sales, Outside.
The use of any land area for the display and sale of new
or used parts, including tires, for automobiles, panel trucks or vans,
trailers or recreation vehicles.
Automobile.
A self-propelled mechanical vehicle designed for use on streets
and highways for the conveyance of goods and people, including, but
not limited to, passenger cars, trucks, buses, motor scooters, and
motorcycles.
Automobile Repair, Major.
General repair or reconditioning of engines, air conditioning
systems, and transmissions for automobiles; wrecker or towing service
with on-site storage of vehicles; collision services including body,
frame, or fender straightening or repair; customizing; painting; vehicle
steam cleaning; tire retreading; insurance estimations with on-site
storage; undercoating and rust-proofing, and other similar uses.
Automobile Repair, Minor.
An establishment used for the dispensing or sales of automobile
fuels, lubricants, and automobile accessories; the minor repair or
replacement of parts and performing state inspections and making minor
repairs necessary to pass said inspection; automobile detailing; window
tinting, and the sales and installation of automobile radios. Uses
listed under definition "Automobile Repair, Major" or any other similar
uses are not included. Vehicles, which are inoperative or are being
repaired, may not remain parked outside for a period greater than
seven calendar days.
Automobile Sales/Leasing, New.
Sales, rental, and/or leasing of new automobiles or light
load vehicles, including, as accessory uses: automobile sales, used;
automobile repair, major; and automobile storage.
Automobile Storage.
The storage on a lot or tract of operable automobiles for
the purpose of holding such vehicles for sale, lease, distribution,
or storage.
Bank, Savings and Loan or Credit Union.
An establishment for the custody, loan, exchange or issue
of money, the extension of credit, and/or facilitating the transmission
of funds, including automated teller machines.
Beauty Salon/Barber Shop.
Establishments primarily engaged in providing services generally
involved in the care of the person or his apparel including, but not
limited to, barber and beauty shops, spas, nail salons, tanning salons,
ear piercing shops, cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn.
An owner (or operator) occupied residence with up to five
bedrooms available for overnight guests. A bed and breakfast inn may
provide for guest stays up to 14 consecutive calendar days; however,
it shall not offer weekly rental rates. Kitchen and dining facilities
may be included to provide meals for guests only; however, no food
preparation shall be permitted in guest bedrooms. A bed and breakfast
inn shall not include restaurants, banquet facilities, or similar
services.
Block.
A grouping of residential lots (and their alleys) that are
partially or fully surrounded by one or more streets. A block consists
of one or two tiers of lots. Lots that are separated by an alley are
in the same block, but lots that are separated by a street are in
different blocks.
Boat Sales and Repair.
A use in which the purpose is the repair and/or retail sale
of boats and other watercraft to the public.
Body Art Studio.
An establishment whose services include tattooing and/or
body piercing. Tattooing shall mean the placing of designs, letters,
figures, symbols, or other marks upon or under the skin of any person,
using ink or other substances that result in the permanent coloration
of the skin by means of the use of needles or other instruments designed
to contact or puncture the skin. Body piercing shall mean the creation
of an opening in an individual's body to insert jewelry or another
decoration.
Brewery.
A facility that (1) manufactures, bottles, packages, and
labels malt liquor, ale, and beer; or (2) sells finished products
to wholesalers/distributors; and/or (3) performs any other activity
authorized by Chapter 12, Brewer's Permit, of the Texas Alcoholic
Beverage Code, as amended.
Brewpub.
A facility that (1) manufactures, brews, bottles, cans, packages, and labels malt liquor, ale, and beer; (2) sells or offers without charge malt liquor, ale or beer produced by the brewpub to ultimate consumers for consumption on or off the premises; and/or (3) performs any other activity authorized by Chapter
74, Brewpub License, of the Texas Alcoholic Beverage Code, as amended.
Building.
Any structure used or intended for supporting or sheltering
any use or occupancy.
Building, Main.
A building in which the principal use of the lot on which
it is situated is conducted. In a residential district any dwelling
shall be deemed to be a main building on the lot on which it is situated.
Building, Temporary Occupancy.
A building or structure without a permanent foundation shall
be considered a temporary occupancy building. Buildings are permitted
in accordance with section 4.02.03 of this Ordinance.
Building Height.
The vertical distance between the average of the highest
and lowest points of grade of that portion of the lot covered by the
building to the highest point of a structure.
Building Line.
A line parallel, or approximately parallel, to any front
lot line at a specific distance therefrom, marking the minimum distance
from the front lot line that a building may be erected.
Building Material and Hardware Sales, Major.
An establishment for the sale of materials customarily used
in the construction of buildings and other structures, including outside
storage or display of materials or merchandise.
Building Material and Hardware Sales, Minor.
An establishment for the sale of materials or tools customarily
used in the construction of buildings and other structures, without
any outside storage or display of materials or merchandise.
Building Official.
The inspector or administrative official charged with responsibility
for issuing permits and enforcing the building code.
Business Service.
An establishment 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 sales, rental,
leasing or repair.
Cabinet/Upholstery Shop.
An establishment for the production, display, and sale of
cabinets, furniture, and soft coverings for furniture.
Car Wash, Full-Service.
A facility where a customer can have a motorcycle, automobile
and light load vehicle washed in exchange for financial consideration.
Car Wash, Self-Service.
A facility, typically coin operated, used by the customer
to wash motorcycles, automobiles and light load vehicles.
Caretaker's/Guard's Residence.
A residence located on a premises with a main nonresidential
use and occupied only by a caretaker or guard, and his/her family,
employed on the premises.
Carpet Cleaners.
A professional business for the residential or commercial
cleaning of carpets, other flooring, and similar services to be performed
off-site.
Carport.
A structure open on a minimum of two sides designed or used
to shelter not more than three vehicles and not to exceed 24 feet
on its longest dimension. Also called "covered parking area."
Certificate of Occupancy.
An official certificate issued by the city through the building
official that indicates conformance with or approved conditional variations
from the zoning regulations and authorizes legal use of the premises
for which it is issued.
Child-Care: Foster Family Home (Independent).
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, a single independent home
that is the primary residence of the foster parents and licensed to
provide care for six or fewer children up to the age of 18 years.
Child-Care: Foster Group Home (Independent).
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, a single independent home
that is the primary residence of the foster parents and licensed to
provide care for seven to 12 children up to the age of 18 years.
Child-Care: Licensed Child-Care Center.
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, an operation providing
care for seven or more children younger than 14 years old for less
than 24 hours per day at a location other than the permit holder's
home.
Child-Care: Licensed Child-Care Home.
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, the primary caregiver provides
care in the caregiver's own residence for children younger than 14
years old. The total number of children in care varies with the ages
of the children, but the total number of children in care at any given
time, including the children related to the caregiver, must not exceed
12.
Child-Care: Listed Family Home.
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, a caregiver at least 18
years old who provides care in the caregiver's own residence for compensation,
for three or fewer children unrelated to the caregiver, younger than
14 years old. Regular care is provided, which is care provided for
at least four hours a day, three or more days a week, and more than
nine consecutive weeks. The total number of children in care, including
children related to the caregiver, may not exceed 12.
Child-Care: Registered Child-Care Home.
Per the definition of the Department of Family and Protective
Services (DFPS) or as amended by the DFPS, a caregiver who provides
regular care in the caregiver's own residence for not more than six
children younger than 14 years old. Child day care can be provided
for six additional school-aged children before and after the customary
school day. The total number of children in care at any given time,
including the children related to the caregiver, must not exceed 12.
Church, Temple, Synagogue, Mosque, or Other Place of Worship.
A building used primarily for religious assembly and worship
and those accessory activities that are customarily associated therewith,
and the place of residence for ministers, priests, nuns, rabbis, or
other religious personnel on the premises (tax exempt as defined by
state law). For the purposes of this Ordinance, Bible study and other
similar activities that occur in a person's primary residence shall
not apply to this definition.
City.
References to the "city" shall mean the City of Richland
Hills, Texas.
City Council.
The governing body of the City of Richland Hills, Texas.
College, University, Trade, or Private Boarding School.
An institution established for educational purposes offering
courses for study beyond the secondary education level, including
trade schools and commercial schools offering training or instruction
in a trade, art or occupation. A boarding school is an educational
institution offering primary and secondary level courses. Dormitories
for students and employees only are permitted in conjunction with
these uses.
Commercial Amusement, Indoor.
An enterprise providing for indoor recreational activities,
services, amusements, and instruction for an admission fee. Uses may
include, but are not limited to, bowling alleys, ice or roller skating
rinks, bingo parlors, amusement arcades, and/or practice areas.
Commercial Amusement, Outdoor.
An enterprise providing for outdoor recreational activities,
services, amusements, and instruction for an admission fee, including,
but not limited to, batting cages, miniature golf, go-kart tracks,
and carnivals.
Community Center.
A building or portion of a building owned and/or operated
by a government entity or not-for-profit agency in which facilities
are provided for civic, educational, political, or social purposes.
Comprehensive Plan.
Graphic and textual form policies that govern the future
development of the city and that consists of various components governing
specific geographic areas and functions and services of the city.
Current comprehensive plan as it exists or may be amended.
Computer Repair.
A business that primarily focuses on the repair of personal
computers, including limited sales associated with providing repair
services.
Construction Yard and Field Office, Temporary.
A building, structure, or storage/assembly yard used in conjunction
with a development project for housing temporary supervisory or administrative
functions related to development, construction, or the sale of real
estate properties within the development and subject to removal at
completion of construction.
Contractor, General/Electrical/Mechanical/Plumbing (no outside
storage).
A business whose primary use provides a contracting service
or service by installation of electrical, mechanical or plumbing systems
and which may also have limited sales of electrical, mechanical or
plumbing supplies or equipment as secondary use incidental to its
primary use with no outside storage.
Contractor, General/Electrical/Mechanical/Plumbing (with outside
storage).
A business whose primary use provides a contracting service
or service by installation of electrical, mechanical or plumbing systems
and which may also have limited sales of electrical, mechanical or
plumbing supplies or equipment as secondary use incidental to its
primary use with outside storage.
Convenience Store with Drive-Through.
A retail establishment that sells food and other consumable
and nonconsumable products for off-premises use or consumption. These
establishments include drive-through window service, but do not include
fuel pumps.
Convenience Store with Fuel Pumps.
A retail establishment that sells food and other consumable
and nonconsumable products for off-premises use or consumption. This
definition shall also include the dispensing or sales of motor vehicle
fuels, lubricants, and accessories, but shall not include automobile
repair or the sale of replacement parts.
Coverage.
The lot area covered by all structures located thereon. Structures
shall include main structures and accessory structures with or without
a permeable roof.
Cutoff.
The point at which all light rays emitted by a lamp, light
source or luminary are completely eliminated (cutoff) at a specific
angle above the ground.
Cutoff Angle.
The maximum angle formed by a line drawn in the direction
of emitted light rays at the light source and a line perpendicular
to the ground from the light source, beyond which no light is emitted.
Data Center.
A facility that houses computing facilities for businesses
to process, organize, store, and disseminate large amounts of data.
Day Services, Adult.
A facility that provides services under an adult day care
program on a daily or regular basis, but not overnight, to four or
more elderly or handicapped persons who are not related by blood,
marriage, or adoption to the owner of the facility. Adult day services
centers (also referred to as adult day care centers) must be licensed
by the Texas Department of Human Services.
Development.
Any manmade change to improved or unimproved real estate,
including but not limited to, buildings and/or other structures, paving,
drainage, utilities, storage, and agricultural activities.
Disability or Handicap.
With respect to an individual:
•
|
A physical or mental impairment that substantially limits one
or more of such person's major life activities;
|
•
|
A record of having such an impairment; or
|
•
|
Being regarded as having such an impairment, but such term does
not include current, illegal use of or addiction to a controlled substance
(as defined in Section 102 of the Controlled Substances Act (21 U.S.C.
802)).
|
District.
Any section or sections of the city for which the regulations
governing the use of land and the use, density, bulk, height and coverage
of buildings and other structures are uniform for each class or kind
of building therein.
Drivers Education Training.
A business dedicated to offering drivers training courses
to customers, and may include a fleet of cars to be used for training
purposes.
Dry Cleaning, Major.
An industrial facility where fabrics are cleaned with substantially
non-aqueous organic solvents on a commercial or wholesale basis.
Dry Cleaning, Minor.
A custom cleaning shop or pick-up station not exceeding 6,000
square feet of floor area, including, but not limited to, dry cleaning
plants having no more than 1,500 square feet of floor area for dry
cleaning equipment.
Dwelling Unit Area.
Dwelling unit area is defined as that area devoted to the
living area in a residence or dwelling unit and is exclusive of porches,
enclosed or open breezeways, storage area or closets, or other non-living
space.
Easement.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
Electrical Power Generating Plant.
All equipment, fixtures, and property operated or maintained
in connection with the production of electricity and transmission
of electricity produced.
Entertainment Equipment Rental.
A business providing entertainment equipment for rent to
the general public, including audio systems, bouncehouses, and other
similar play equipment.
Equipment and Machinery Sales and Rental, Minor.
A building or structure used for the inside display, sale,
rental, or storage of light machinery, including, but not limited
to, bicycles, lawn mowers, tools, and other small machinery.
Fair Notice.
An application for a permit containing information sufficient
for the city to determine:
•
|
The size, number, location and shape of all lots involved in
the project;
|
•
|
The desired zoning district and the specific uses allowed within
the zoning district that will be developed on the property as part
of the project;
|
•
|
The size, number, location and type of improvements to be made
on the property as part of the project; and
|
•
|
The streets, alleys, water mains and taps, sanitary sewer mains
and taps and storm sewers that will be necessary to adequately serve
the property when the project is complete.
|
Family.
One or more persons related by blood, marriage, or adoption,
or a group not to exceed four persons not all related by blood or
marriage, adoption or guardianship, occupying a dwelling unit and
living as a single housekeeping unit.
Farmer's Market.
A farmers' market is an outdoor marketplace for the distribution
and sale of food products directly to consumers that are grown, made
and offered for sale by the producing farmers, that meet all applicable
federal, state and local laws regulating the preparation and sale
of such products. Examples of product types include fruits, vegetables,
herbs, spices, edible seeds, nuts, live plants, flowers and honey.
This definition does not include the sale of any type of meat, fish,
poultry, eggs, refrigerated dairy products, or home canned or packaged
items. In addition, unique products and goods created by local artisans,
not to include mass produced products, may be sold.
Feed Store.
An establishment for the selling of corn, grain, and other
foodstuffs for animals and livestock and including other implements
and goods related to agricultural processes, but not including farm
machinery.
Fire Lane.
A fire apparatus access road according to the International
Fire Code.
Flea Market, Inside.
A building or structure wherein space 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,
art work, small household appliances, and similar merchandise, objects,
or equipment in small quantities. The term flea market shall not be
deemed to include wholesale sales establishments or rental services
establishments, but shall be deemed to include personal services establishments,
food services establishments, retail sales establishments, and auction
establishments.
Flea Market, Outside.
An outdoor site where space 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, art work, small
household appliances, and similar merchandise, objects, or equipment
in small quantities. The term flea market shall not include wholesale
sales establishments or rental services establishments, but shall
be deemed to include personal services establishments, food services
establishments, retail sales establishments, and auction establishments.
Fleet Vehicle.
Any vehicle owned or operated by the person, company or
business which is used for purposes of delivery, pick up or service
to patrons of the primary use. Any Heavy Load Vehicle or any chassis
cab truck with an enclosed cuboid-shaped cargo area - otherwise referred
to as box truck, box van, cube van, or bob truck - are excluded from
being a Fleet Vehicle.
Floodplain.
Any property within the limits as delineated by FEMA (Federal
Emergency Management Agency) of the 100-year floodplain or as amended
by an engineering flood study of the ultimate developed conditions
prior to any reclamation.
Floor Area.
The total gross square feet of floor space within the outside
dimensions of a building including each floor level, but excluding
carports, residential garages, and breezeways.
Floor Area Ratio (FAR).
The floor area of a main building or buildings on a lot,
excluding structured parking garages, divided by the lot area.
Florist or Gift Shop.
A shop offering flowers, flower arrangement services, and
associated products for sale.
Food Processing.
A process by which agricultural products are transformed
into food, or food product in one form is transformed into another
form, for consumption by humans or animals.
Food Truck Park.
A property used or developed to accommodate two or more Mobile
Food Vendors that offer food and/or beverages for sale to the public
as the primary use of the property while possibly accommodating areas
on the property for entertainment or recreational opportunities.
Foot Candle.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle. When
metric units are used, lux is the unit of light quantity. One lux
equals one lumen per square meter of area. One foot candle equals
10.76 lux.
Fortune Teller/Psychic.
A use involving the foretelling of the future in exchange
for financial or other valuable consideration. Fortune telling shall
include, but is not limited to, uses where the fortune is told through
astrology, augury, card or tea reading, cartomancy, clairvoyance,
clairaudience, crystal gazing, divination, magic mediumship, necromancy,
palmistry, psychometry, phrenology, prophecy, and spiritual reading.
Fortune telling does not include forecasting based on historical trends
or patterns or religious dogma.
Fraternal Organization, Lodge, Civic Club, Fraternity or Sorority.
An organized group having a restricted membership and specific
purpose related to the welfare of the members including, but not limited
to, Elks, Masons, Knights of Columbus, Rotary International, Shriners,
or a labor union.
Fuel Pumps.
Any facility, equipment, or fixture, including a canopy,
used for retail dispensing of motor vehicle fuels.
Furniture Restoration.
A workshop that specializes in furniture refinishing, including
the use of all materials, tools, and chemicals associated with the
use.
Garage, Private.
An enclosed (on at least three sides) accessory building,
or a part of a main building, used for storage of automobiles and
used solely by the occupants and their guests. Also called "enclosed
parking space."
Garage Apartment.
A dwelling unit erected within the walls of, and/or on top
of, the garage when the main structure is an owner occupied detached
dwelling unit. The garage may be attached or detached from the main
structure, but the garage apartment must have a separate entrance
and may not have an access point into the main structure. A garage
apartment shall never be rented or offered for rent.
Glare.
Direct light emitted from a light source, which is sufficient
to cause annoyance, discomfort, or temporary loss of visual performance
and visibility.
Golf Course and/or Country Club.
A land area and buildings used for golf, including fairways,
greens, tee boxes, driving range, putting green, and associated maintenance
and retail facilities. This definition shall also include clubhouses,
dining rooms, swimming pools, tennis courts, and similar recreational
or service uses available only to members and their guests.
Golf Course, Miniature.
A novelty version of golf played on nine or 18 holes with
a putter and a golf ball on a miniature course, typically with artificial
playing surfaces, and including obstacles such as bridges and tunnels.
Governmental Office.
A building used for the provision of governmental executive,
management, administrative, and/or postal services. Governmental offices
include those facilities owned and/or operated by city, special district,
county, state and federal agencies.
Grocery.
A retail establishment primarily selling prepackaged and
perishable food as well as other convenience and household goods.
Guest House.
An accessory building used to house guests of the owner(s)
of the main residential structure when the main structure is an owner
occupied detached dwelling unit. The guest house shall be detached
from the main structure, and must not have an access point into the
main structure. A guest house shall never be rented or offered for
rent.
Gymnastics/Dance Studio.
A building or portion of a building used as a place of work
for a gymnast, dancer, or martial artist or for instructional classes
in gymnastics, dance, or martial arts.
Hall, Reception/Banquet/Meeting.
A building, facility, room, or portion thereof, which is
rented, leased or otherwise made available to any person or group
for a private event function, that is not open to the general public,
whether or not a fee is charged.
Health/Fitness Center.
A public or private facility operated to promote physical
health and fitness. Activities may include exercise, physical therapy,
training, and education pertaining to health and fitness. Uses or
combinations of uses or facilities would typically include, but are
not limited to, game courts, weight lifting and exercise equipment,
aerobics, swimming pools and spas, and running or jogging tracks.
Heavy Load Vehicle.
A self-propelled vehicle having a manufacturer's recommended
gross vehicle weight (GVW) of greater than 11,000 pounds, such as
large recreational vehicles (originally manufactured as RVs, not converted),
tractor-trailers, buses, vans, and other similar vehicles. The term
"truck" shall be construed to mean "heavy load vehicle" unless specifically
stated otherwise.
Height of Luminary.
The height of a luminary shall be the vertical distance from
the ground directly below the centerline of the luminary to the lowest
direct light emitting part of the luminary.
Helistop.
An accessory use where helicopters can land and take off
but excluding refueling, maintenance, repairs, and storage of helicopters.
Home Occupation.
An occupation, which is secondary to the primary use of a
dwelling as a residence, conducted on residential premises by the
occupant of the residence. Home occupations shall be subject to the
conditions set forth in subsection 3.02.01.(A)(8) of the Zoning Ordinance.
Hospital.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, helistops, outpatient facilities,
or training facilities as licensed by the State of Texas.
Hotel, Extended Stay.
A building or group of buildings used as a temporary dwelling
place for individuals in exchange for financial consideration where
customary hotel services such as linen, housekeeping service, and
telephone are provided. Residence Hotel room units are designed to
be suitable for long-term occupancy with financial consideration being
calculated on a nightly, weekly, and/or monthly basis. Typical residence
hotel attributes include, but are not limited to, kitchen facilities,
two-story design, and external doorways into room units.
Hotel/Motel.
A building or group of buildings used as a temporary dwelling
place for individuals in exchange for financial consideration where
customary hotel services such as linen, housekeeping service, and
telephone are provided. Room units are accessed through doorways into
an internal hallway, courtyard, lobby, or with direct access from
outside. Financial consideration for room units is generally calculated
on a nightly basis.
Household Care Facility.
A dwelling unit that provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Assisted Living Facility Care Act (V.T.C.A., Health and Safety Code § 247.001 et seq.) and Community Homes for Disabled Persons Location Act (V.T.C.A., Human Resources Code § 123.001 et seq.) as they presently exist or may be amended in the future. Facilities are also subject to the City of Richland Hills' Ordinance 1258-13, codified in article IX of chapter
18 of the City of Richland Hills' Code of Ordinances, as it may be amended.
Incidental Use.
Any use different from the primary use but that complements
and/or supplements the primary use. Incidental shall mean an area
that constitutes not more than 15 percent of the total floor area.
An incidental use is also an accessory use.
Indoor Gun or Archery Range.
Any indoor facility open to the public and occupying all
or a portion of a building where firearms and/or archery are discharged
for testing or recreation purposes.
Industrial Park.
A large tract of land that has been planned, developed and
operated as an integrated facility for a number of individual industrial
uses, with special attention to circulation, parking, utility needs,
aesthetics, and compatibility.
Lamp.
The component of a luminary that produces the actual light.
Landscape Architect.
A person who holds a license to practice landscape architecture
in the State of Texas.
Landscaping.
Material such as, but not limited to, grass, groundcovers,
shrubs, vines, hedges, trees, and non-living durable material commonly
used in landscaping, such as, but not limited to, rocks, pebbles,
sand, walls or fences, but excluding paving.
Laundromat.
A facility where patrons wash, dry, or dry clean clothing
and other fabrics in machines operated by the patron.
Light Load Vehicles.
A self-propelled vehicle having a manufacturer's recommended
gross vehicle weight (GVW) not greater than 11,000 pounds, and having
no more than two axles, such as pick-up trucks, vans, recreational
vehicles (less than 32 feet in length), campers and other similar
vehicles, but not including automobiles and motorcycles.
Live-Above Mixed Use.
Residential dwelling units located above a nonresidential
use in a vertical mixed use (see definition) development.
Live/Work Units.
A live/work unit is defined as a single unit (e.g., studio,
loft, or one bedroom) consisting of both a commercial/office and a
residential component that is occupied by the same resident. The live/work
unit shall be the primary dwelling of the occupant.
Loading Space.
An off-street space or berth used for the delivery and loading
or unloading of vehicles.
Lot.
Any plot of land occupied or intended to be occupied by one
main building and the required parking, or a group of main buildings,
and accessory building and uses, including such open spaces as are
required by the ordinance, and other laws or ordinances, and having
its principal frontage on a public street or officially approved place.
Lot, Area.
The total area, measured on a horizontal plane, included
within lot lines.
Lot, Corner.
A lot that has at least two adjacent sides abutting for their
full lengths on a street, provided that the interior angle at the
intersection of such two sides is less than 135 degrees.
Lot, Depth.
The mean horizontal distance between the front and rear lot
lines. Thoroughfare easements shall not be included in lot depth calculations.
Lot, Double Frontage.
A lot having a frontage on two non-intersecting streets,
as distinguished from a corner lot.
Lot, Flag.
A lot having access to a street by means of a parcel of land
having a depth greater than its frontage, and having a width less
than the minimum required lot width, but not less than 25 feet. The
maximum distance of the area less than the required width from the
front property line shall be 110 feet.
Lot, Key.
A corner lot that is so designed that the lots located directly
behind it face the side street of the corner lot and are not separated
by an alley shall be considered a key lot.
Lot Frontage.
That dimension of a lot or portion of a lot abutting on a
street, excluding the side dimension of a corner lot.
Lot Line, Front.
The narrower side of the lot abutting a street. Where two
lot lines abutting streets are of equal length, the owner shall have
a choice in designating which shall be the lot frontage. For a lot
that has a boundary line that does not abut the front street line,
is not a rear lot line and lies along the same general directional
orientation as the front and rear lot lines, said line shall be considered
a front lot line in establishing minimum setback lines.
Lot Line, Rear.
The lot line farthest from and most parallel to the front
lot line. For triangular lots, the point opposite the front lot line
shall be considered the rear lot line and have a value of zero.
Lot of Record.
A lot that is part of a subdivision, the plat of which has
been recorded in the office of the County Clerk of Tarrant County
or a lot subdivided by metes and bounds description.
Lot Width.
The horizontal distance measured between side lot lines parallel
to the front lot line, and measured from the point on the building
line that is closest to the front lot line.
Lumen.
Unit used to express the light output of a lamp or fixture.
Machine Shop.
A workshop where metal fabrication tools, including, but
not limited to, lathes, presses, and mills, are used for making, finishing,
or repairing machines or machine parts.
Manufactured Housing.
Any one of three types of prefabricated housing products
that are typically manufactured or assembled at a location other than
the end user's permanent site, and that are regulated by the Texas
Manufactured Housing Standards Act (Vernon's Ann. Civ. Stat. arts.
5221f and 5221f-1) and the V.T.C.A., Occupations Code ch. 1202, Industrialized
Housing and Buildings. For the purpose of this Ordinance, there are
three types of manufactured homes:
Mobile Home. As governed by the definition
within the Texas Manufactured Housing Standards Act (Vernon's Ann.
Civ. Stat. art. 5221f), a movable dwelling designed to be transported
on its own chassis on the highway (either intact or in major sections)
by a prime mover, which is constructed with a base section so as to
be independently self-supporting, and which does not require a permanent
foundation for year-round living. A mobile home is also defined as
any manufactured home that was constructed prior to June 15, 1976.
|
Manufactured Home (HUD Code). As governed by
the definition within the Texas Manufactured Housing Standards Act
(Vernon's Ann. Civ. Stat. art. 5221f), a movable dwelling designed
to be transported on the highway, either intact or in major sections,
by a prime mover, which can be used as a residential dwelling either
with or without a permanent foundation. A HUD-Code manufactured home
is also defined as a movable manufactured home that was constructed
after June 15, 1976. A HUD-Code manufactured home will display a red
certification label on the exterior of each transportable section.
|
Modular (Industrialized) Home. Also called
"modular prefabricated structure". As governed by the definition within
the Texas Manufactured Housing Standards Act (Vernon's Ann. Civ. Stat.
art. 5221f-1), a structure or building module that is transportable
in one or more sections on a temporary chassis or other conveyance
device, and that is designed to be installed and used by a consumer
as a permanent residence on a permanent foundation system. The term
includes the plumbing, heating, air conditioning and electrical systems
contained in the structure. The term does not include a mobile home
or manufactured home (HUD Code) as defined in the Texas Manufactured
Housing Standards Act (Vernon's Ann. Civ. Stat. art. 5221f). Industrialized
homes must meet all applicable local codes and zoning regulations
that pertain to construction of traditional site constructed ("stick
built") homes. See subsection 3.02.01.(A)(2) Modular (Industrialized)
Homes for regulations.
|
Manufacturing, General.
An establishment engaged in manufacturing or other industrial
processing of products primarily from extracted/raw materials or the
bulk storage and handling of such products and materials, or an industrial
establishment having potential to produce noise, dust, glare, odors
or vibration beyond its property line. Differs from Manufacturing,
Light use classification due to the potential impacts on surrounding
properties.
Manufacturing, Light.
The fabrication, assembly, and packaging of finished products
or parts, predominantly from previously prepared materials, but excluding
basic industrial processing. Processes do not emit detectable dust,
odor, smoke, gas or fumes beyond the bounding property lines of the
lot or tract upon which the use is located and do not generate noise
or vibration at the property boundary that is generally perceptible
in frequency or pressure above the ambient level of noise in the adjacent
areas. Differs from Manufacturing, General use classification due
to the minimal impacts on surrounding properties.
Masonry Construction.
Masonry materials refer to the following classes of materials.
Minimum masonry percentage is calculated based on the entire vertical
surface (excluding features such as doors and windows, but including
exterior walls above the roofline):
Class 1: Masonry Construction. Class 1: Masonry
Construction shall include the following exterior construction materials:
fired brick, natural and manufactured stone, granite and marble.
|
Class 2: Masonry Construction. Class 2: Masonry
Construction shall include the following exterior construction materials:
all Class 1: Masonry Construction materials, architectural concrete
block, 3-step stucco process, and tilt wall concrete panels.
|
Class 3: Masonry Construction. Class 3: Masonry
Construction shall include the following exterior construction materials:
all Class 1: Masonry Construction materials, Class 2: Masonry Construction
materials, EIFS, and sealed and painted concrete block.
|
Massage Therapy, Licensed.
Any place of business in which massage therapy is practiced
by a massage therapist, as defined and licensed by state law. "Massage
therapy", as a health care service, means the manipulation of soft
tissue for therapeutic purposes. The term includes, but is not limited
to, effleurage (stroking), petrissage (kneading), tapotement (percussion),
compression, vibration, friction, nerve strokes, and Swedish gymnastics,
either by hand or with mechanical or electrical apparatus for the
purpose of body message. Massage therapy may include the use of oil,
salt glows, heat lamps, hot and cold packs, tub, shower or cabinet
baths. Equivalent terms for "massage therapy" are massage, therapeutic
massage. Massage and "therapeutic" do not include diagnosis, the treatment
of illness or disease, or any service or procedure for which a license
to practice medicine, chiropractic, physical therapy, or podiatry
is required by law.
Massage Therapy, Unlicensed.
Any place of business in which massage therapy is practiced
by an unlicensed massage therapist. "Massage therapy", as a health
care service, means the manipulation of soft tissue for therapeutic
purposes. The term includes, but is not limited to, effleurage (stroking),
petrissage (kneading), tapotement (percussion), compression, vibration,
friction, nerve strokes, and Swedish gymnastics, either by hand or
with mechanical or electrical apparatus for the purpose of body message.
Massage therapy may include the use of oil, salt glows, heat lamps,
hot and cold packs, tub, shower or cabinet baths. Equivalent terms
for "massage therapy" are massage, therapeutic massage. Massage and
"therapeutic" do not include diagnosis, the treatment of illness or
disease, or any service or procedure for which a license to practice
medicine, chiropractic, physical therapy, or podiatry is required
by law.
Mini-Warehouse/Self-Storage.
A building(s) containing separate, individual self-storage
units for rent or lease. The conduct of sales, business, or any activity
other than storage shall be prohibited within any individual storage
unit.
Miscellaneous Hazardous Industrial Use.
Any industrial use not specifically defined in this section
that is a hazard or nuisance to adjacent property or the community
at large, due to the possible emission of excessive smoke, noise,
gas, fumes, dust, odor, or vibration, or the danger of fire, explosion
or radiation.
Mixed Use.
A mix of land uses, which may include nonresidential uses
with/without residential uses. Mixed use may be "vertical", meaning
residential or office uses located above ground-level retail; mixed
use may also be "horizontal", meaning different land uses are located
adjacent to each other.
Mobile Food Vendor.
Any person or persons who operates or sells food from a stationary
cart, or trailer mounted on chassis, or a "food truck" for period
of 15 calendar days or greater per year. Mobile food vendors who operate
for 14 calendar days or less shall be considered temporary food establishments,
as defined by the city health ordinance as it exists or may be amended.
Mortuary/Funeral Parlor.
A place for the storage of human bodies prior to their burial
or cremation, or a building used for the preparation of the deceased
for burial and the display of the deceased and ceremonies connected
therewith before burial or cremation.
Motor Vehicle.
Any vehicle designed to carry one or more persons, which
is propelled or drawn by mechanical power, such as automobiles, trucks,
motorcycles and buses.
Motorcycle.
A usually two-wheeled, self-propelled vehicle having one
or two saddles or seats, and which may have a sidecar attached. For
purposes of this Ordinance, motorbikes, motor scooters, mopeds, and
similar vehicles are classified as motorcycles.
Multifamily Residence.
Attached dwelling units designed to be occupied by three
or more households living independently of one another, exclusive
of hotels, motels, or residence hotels.
Municipal Uses Operated by the City.
Any area, land, building, structure, and/or facility owned,
used, leased, or operated by the city, including, but not limited
to, administrative office, maintenance facility, fire station, library,
sewage treatment plant, police station, water tower, service center
and park.
Museum/Art Gallery.
A building serving as a repository for a collection of natural,
scientific, artistic, or literary objects of interest, and designed
to be used for viewing, with or without an admission charge, and which
may include as an accessory use the sale of goods.
Nightclub or Dance Hall.
An establishment that is open to the public, primarily at
night, which serves food and beverages, provides entertainment and
may provide a dance floor. This term does not include sexually-oriented
businesses.
Nonconforming Use.
A building, structure, or use of land lawfully occupied at
the time of the effective date of this Ordinance or amendments thereto,
but which does not conform to the use regulations of the district
in which it is situated.
Nonresidential.
Property zoned or used for other than residential purposes.
Nursery, Major.
An establishment for the cultivation and propagation, display,
storage, and sale (retail and wholesale) of large plants, shrubs,
trees, and other materials used in indoor or outdoor plantings; and
the contracting for installation and/or maintenance of landscape material
as an accessory use. Outdoor display and storage is permitted.
Nursery, Minor.
A retail business for the display and/or sale of trees, shrubs,
flowers, ornamental plants, seeds, garden and lawn supplies, and other
materials used in indoor and outdoor planting, without outside storage
or display.
Nursing/Convalescent Home.
An institutional facility licensed by the State of Texas
providing in-patient health care, personal care or rehabilitative
services over a long period of time generally exceeding 30 days to
persons chronically ill, aged or disabled who need on-going health
supervision but not including hospitals. This use excludes the provision
of surgical or emergency medical services and the provision of care
for alcoholism, drug addiction, mental disease or communicable disease.
Office, Administrative, Medical or Professional.
A building used for the provision of executive, management,
or administrative services. Typical uses include, but are not limited
to, administrative offices and services including real estate, property
management, investment, medical, home health care, chiropractor, architect,
engineer, travel, secretarial services, accounting organizations and
associations, and vehicle rental office.
Office/Showroom.
A building that primarily consists of sales offices and sample
display areas for products and/or services delivered or performed
off-premises. Catalog and telephone sales facilities are appropriate.
Incidental retail sales of products associated with the primary products
and/or services are permitted. Warehousing facilities shall not exceed
50 percent of the total floor area. This designation does not include
contractor's shop and storage yard.
Official Vesting Date.
Pursuant to V.T.C.A., Local Government Code ch. 245, an application
or plan for development is considered filed on the date the applicant
delivers the application or plan to the city or deposits the application
or plan with the United States Postal Service by certified mail addressed
to the city.
A certified mail receipt obtained by the applicant at the time
of deposit is prima facie evidence of the date the application or
plan was deposited with the United States Postal Service.
|
Every application or plan is subject to a determination of completeness
by the responsible official for processing the application pursuant
to subsection 6.04.01.(B), Determination of Completeness for Zoning
Related Applications.
|
Oil Well/Gas Well and Mineral Extraction.
Area used for development and production and all operational
activities associated with oil and gas for any well drilled, to be
drilled, or used for the intended or actual production of oil or natural
gas, or a well classified as an oil or gas well under the laws of
the State of Texas. Mineral extraction is the process of extracting
sand, gravel, stone, or other minerals/natural resources from the
earth.
Outdoor Lighting.
The nighttime illumination of an outside area or object by
any manmade device located outdoors that produces light by any means.
Outside Storage and Display
A primary land use providing outdoor storage or display of
commodities, materials, goods, equipment, vehicles, or merchandise
in its normal day-to-day business activities. This definition excludes
new and used sale or lease of automobiles, motorcycles recreational
vehicles, boats, or watercrafts. This definition does not include
temporary outside merchandise display, such as a sidewalk sale. Fleet
Vehicles are not included in this definition.
Package Liquor Store.
A building or premises where the primary use is the retail
sale of vinous (wine) or spirituous alcoholic beverages for off-premises
consumption.
Parish House or Parsonage.
A single-family home adjacent to a church or other place
of worship for the housing of a pastor, priest, or other similar leader.
Park or Playground.
An area developed for active play and recreation that includes,
but is not limited to, open space, sports courts, play equipment and
trails.
Parking Lot.
An off-street, ground level area, usually surfaced and improved,
for the temporary storage of motor vehicles.
Parking Space.
An area reserved exclusively for the parking of a motor vehicle.
Pawn Shop or Alternative Financial Services.
An establishment where money is loaned on the security of
personal property pledged in the keeping of the owners (pawnbroker),
or a check cashing business, bail bonds office, payday advance or
loan business, money transfer business, car title loan business, or
any other similar businesses engaged in nontraditional short-term
lending.
PD Concept Design Map.
A map depicting the development plan for the area of a PD
planned development. This map, combined with a PD design statement,
forms a planned development master plan. See subsection 6.07.03.(B)(3),
PD Concept Design Map for additional information.
PD Design Statement.
A design statement describing the intent of a PD planned
development zoning district. A PD design statement combined with a
PD Concept Design Map forms a planned development master plan. See
subsection 6.07.03.(B)(2), PD Design Statement for additional information.
Permit.
A license, certificate, approval, registration, consent,
permit, contract or other agreement for the construction or provision
of service from a utility owned, operated, or controlled by the city,
or other form of authorization required by law, rule, regulation,
order, or ordinance, which has been approved by the city, that a person
or entity must obtain to perform an action or initiate, continue,
or complete a project for which the permit is sought, and for which
the application for the permit or information required to be submitted
for consideration provides fair notice of the project to the city.
Notwithstanding, an ordinance establishing or changing a zoning district,
including but not limited to, an ordinance establishing or amending
a Planned Development District or specific use permit, is not considered
a permit.
Pharmacy.
A business substantially devoted only to the sale of pharmaceutical
items, supplies, and equipment such as prescription drugs.
Plan for Development.
An administratively complete application for a site plan.
An application for a site plan shall be considered administratively
complete when all information required to be submitted for consideration
has been received by the city, in addition to any required fees. Also
referred to as "plan for development of real property".
Planned Development District.
Planned associations of uses developed as integral land use
units such as industrial parks or industrial districts, offices, commercial
or service centers, shopping centers, residential developments of
multiple or mixed housing, including attached single-family dwellings
or any appropriate combination of uses that may be planned, developed
or operated or integral land use units either by a single owner or
a combination of owners.
Planned Development Master Plan.
A plan (which is submitted with the application for rezoning)
consists of a PD design statement and a PD Concept Design Map. See
section 6.07, PD Application and Review.
Planning and Zoning Commission.
A board, appointed by the city council as an advisory body,
authorized to recommend changes in the zoning and other planning functions
as delegated by the city council. Also referred to as the "commission"
or "P&Z".
Plat.
A plan of a subdivision of land creating building lots and
showing all essential dimensions and other information essential to
comply with the subdivision standards of the city and subject to approval
by the planning and zoning commission and filed in the plat records
of Tarrant County.
Plot.
A single unit or parcel of land that can be identified and
referenced to a recorded plat or map.
Portable Building Sales.
An establishment that displays and sells structures that
are capable of being carried and transported to another location,
not including manufactured homes.
Premises.
Land together with any buildings or structures situated thereon.
Primary Use.
The principal or predominant use of any lot or building.
Print Shop, Major.
An establishment specializing in long-run printing operations
including, but not limited to, book, magazine, and newspaper publishing
using engraving, die cutting, lithography, and thermography processes.
Print Shop, Minor.
An establishment specializing in short-run operations to
produce newsletters, flyers, resumes, maps, construction documents
and plans, and similar materials using photocopying, duplicating,
and blue printing processes. This definition shall include mailing
and shipping services, but excludes the on-site storage of heavy load
fleet vehicles.
Private Utility (other than listed).
A non-public utility requiring special facilities in residential
areas or on public property such as electricity, natural gas, or telecommunications
not customarily provided by the municipality or public utilities.
All radiating equipment must comply with current Federal Communications
Commission (FCC), Environmental Protection Agency (EPA), Occupational
Health and Safety Administration (OSHA), and all other applicable
state and federal regulatory agency requirements and guidelines for
human safety.
Progress towards Completion.
See V.T.C.A., Local Government Code § 245.005(c), as
it exists or may be amended, unless another meaning is specified.
Project.
An endeavor over which the city exerts its jurisdiction and
for which one or more permits are required to initiate, continue,
or complete the endeavor.
Recreational Vehicle (RV).
A portable or mobile living unit used for temporary human
occupancy away from the place of permanent residence of the occupants
and self-propelled (motorized). Also see heavy load vehicle.
Recycling Center.
A facility in which recoverable resources, such as newspapers,
glassware, and metal cans are collected, stored, flattened, crushed,
or bundled, essentially by hand within a completely enclosed building.
Recycling Collection Point.
An incidental use that serves as a neighborhood drop-off
point for temporary storage of recoverable resources. No processing
of such items is allowed. This facility would generally be located
in a shopping center parking lot or in other public/quasi-public areas
such as in churches and schools.
Recycling Plant.
A facility that is not a junkyard and in which recoverable
resources, such as newspapers, magazines, books, and other paper products;
glass; metal cans; and other products, are recycled, reprocessed,
and treated to return such products to a condition in which they may
again be used for production.
Rehabilitation Care Institution.
Subject to being licensed to operate by the Texas Department
of Aging and Disability Services (DADS), a facility that provides
residence and care to ten or more persons, regardless of legal relationship,
who have demonstrated a tendency toward alcoholism, drug abuse, mental
illness, or antisocial or criminal conduct together with supervisory
personnel.
Rehabilitation In-Home Care.
Subject to being licensed to operate by the Texas Department
of Aging and Disability Services (DADS), a dwelling unit that provides
residence and care to not more than nine persons regardless of legal
relationship who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness, or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single
housekeeping unit.
Research and Development Center (with Animals).
A facility that includes laboratories and experimental equipment
for medical testing, prototype design and development, and product
testing. These facilities may include animal or biological testing.
Any facility that is determined by city officials to be a hazard or
nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor,
or vibration, or the danger of fire, explosion, or radiation is not
to be included in this category.
Research and Development Center (without Animals).
A facility that includes laboratories and experimental equipment
for medical testing, prototype design and development, and product
testing. These facilities do not include animal or biological testing.
Any facility that is determined by city officials to be a hazard or
nuisance to adjacent property or the community at large, due to the
possible emission of excessive smoke, noise, gas, fumes, dust, odor,
or vibration, or the danger of fire, explosion, or radiation is not
to be included in this category.
Residence.
Any building or portion thereof, which is designed or used
as living quarters for one or more households.
Restaurant.
An establishment where food and drink are prepared and consumed
primarily on the premises. Drive-up windows are permitted.
Restaurant, Drive-In.
An eating establishment where primarily food or drink is
served to customers in motor vehicles or where facilities are provided
on the premises that encourage the serving and consumption of food
in automobiles on or near the restaurant premises.
Retail, Big Box.
"Big box" uses are defined as single-tenant retail buildings
over 70,000 square feet providing goods to the general public.
Retail, Stores and Shops.
An establishment engaged in the selling of goods and merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Room.
A building or portion of a building that is arranged, occupied,
or intended to be occupied as living or sleeping quarters but not
including toilet or cooking facilities.
School, Private.
A school operated by a private or religious agency or corporation
other than an independent school district, having a curriculum generally
equivalent to a public elementary or secondary school.
School, Public.
A school operated by an independent school district and providing
elementary or secondary curriculum.
School District Bus Yard.
Any premises owned and/or operated by an independent school
district used for the parking and storage of motor-driven buses.
Secondhand or Thrift Shop.
A commercial establishment offering for sale to the public
items previously sold in the retail market to consumers and either
sold to the operator of the establishment or offered by the operator
on a consignment basis, including clothes, antiques, appliances, home
furnishings and utensils, and general merchandise, excluding automobiles,
boats, and other vehicles.
Senior Housing.
Any age restricted development that may be in any housing
form, including detached and attached dwelling units, apartments,
and residences, offering single-family dwelling units to adults over
55 years of age.
Senior Living Facility.
A facility providing residence, supervision and daily assistance
for individuals, generally persons 55 years of age or older, with
common dining and recreational areas designed for the needs of the
elderly. Services in these establishments include assistance with
routine living functions that are non-medical in nature, such as dressing,
grooming, bathing, and social and recreational services, such as meal
services, transportation, housekeeping, linen and organized social
activities.
Setback.
The minimum distance by which any building or structure must
be separated from a street right-of-way or lot line.
Sexually Oriented Uses.
A massage parlor, adult cabaret, nude studio, modeling studio, love parlor, adult bookstore, adult motion picture theater, adult arcade, adult theater, adult video store, adult motel or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. The individual terms contained in this definition shall have the same meaning ascribed to them by section
18-331 of the Code of Ordinances.
Shopping Center.
A group of primarily retail and service commercial establishments
planned, constructed and managed as a total entity with customer and
employee parking provided on-site, provision for goods delivery separated
from customer access, provision of aesthetically appropriate design
and protection from the elements.
Single-Family Residence, Detached.
A dwelling designed and constructed for occupancy by one
household and having no physical connection to a building located
on any other separate lot or tract.
Sketch Plan.
A sketch or informal plan prepared prior to the preparation
of the preliminary plat or site plan describing the proposed design
of the subdivision or site to be reviewed during the pre-application
review process.
Small Engine Repair Shop.
A shop for the repair of lawnmowers, chainsaws, lawn equipment,
and other small engine equipment and machinery.
Sporting Goods Store.
An establishment engaged in the retail sale of sporting goods
and related merchandise to the general public.
Stable, Commercial.
A stable used for the rental of stall space or for the sale
or rental of horses or mules.
Stable, Private.
A detached accessory building for the keeping of horses,
mules, or ponies owned by the occupants of the premises and not kept
for remuneration, hire, or sale.
Story.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above (also
see "Mezzanine" and Section 502.1 from the 2006 International Building
Code). It is measured as the vertical distance from top to top of
two successive tiers of beams or finished floor surfaces and, for
the topmost story, from the top of the floor finish to the top of
the ceiling joists or, where there is not a ceiling, to the top of
the roof rafters.
Story, Half.
A single room within a dwelling unit above the second floor.
A half-story will occupy no less than two-thirds of the area under
the roof, and shall have non-operating opaque windows for facades
that face adjacent properties. Transparent windows may face the front
yard. A half-story containing independent apartment, living quarters,
or bedroom shall be counted as a full story.
Street.
Any dedicated public thoroughfare that affords the principal
means of access to abutting property.
Structural Alterations.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
substantial change in the roof or in the exterior walls.
Structure.
Anything constructed or erected, the use of which requires
location on the ground or which is attached to something having a
location on the ground (also see definition of Building).
Studio Residence.
A residence that includes up to 50 percent of its total floor
area as a work area for a photographer, artist, musician, architect,
or similar occupation. The primary occupant of the work area must
also be a permanent resident of the dwelling unit. All activities
associated with the studio shall take place in the primary structure,
as opposed to an accessory building or yard.
Tap Room.
An establishment having as its principal or predominant use
the retail sales of malt liquor, ale, or beer for consumption on or
off the premises, and that derives less than 75 percent (75%) of the
establishment's gross revenue from the sale of malt liquor, ale,
or beer from on-premises consumption.
Taxidermist.
An establishment whose principal business is the practice
of preparing, stuffing, and mounting the skins of dead animals for
exhibition in a lifelike state, with all business operations and processing
occurring indoors.
Telephone Exchange.
A central switching hub servicing the public at large in
which telephone lines are connected to permit communication.
Temporary Building for New Construction.
A structure or shelter used in connection with the construction
of a development or building project for housing on the site of temporary
administration and supervisory functions and for sheltering employees
and equipment. Buildings are permitted for a specific period of time
in accordance with a permit issued by the building official. The term
"temporary field or construction office" may also be used.
Theater, Drive-In.
An open lot devoted to the showing of motion pictures or
theatrical productions on a paid admission basis to patrons seated
in automobiles.
Theater, Neighborhood.
A building or part of a building devoted to the showing of
motion pictures or for dramatic, musical, or live performances, with
a maximum of ten screens, stages, or combination thereof or a combined
seating capacity of 2,500 or less.
Theater, Regional.
A building or portion of a building used primarily for showing
motion pictures or for dramatic, musical, or live performance having
more than ten screens, stages, or combination thereof or a combined
seating capacity greater than 2,500.
Townhome.
A structure containing three to eight dwelling units with
each unit designed for occupancy by one household and each unit attached
to another by a common wall.
Tract.
An un-platted area, parcel, site, piece of land, or property
that is the subject of a zoning or development application.
Trailer, Hauling.
A vehicle to be pulled behind an automobile or truck that
is designed for hauling animals, produce, goods or commodities, including
boats.
Trailer, Travel.
A portable or mobile living unit used for temporary human
occupancy away from the place of residence of the occupants, and not
constituting the principal place of residence of the occupants designed
to be towed behind another vehicle.
Trailer Rental.
The display and offering for rent of trailers designed to
be towed by light load vehicles.
Transit Center.
Any premises, including train or bus stations, for the loading
and unloading of passengers and the temporary parking of transit vehicles
between routes or during stopovers and excluding overnight parking
and storage of transit vehicles.
Tree.
A plant having a permanently woody main stem or trunk, ordinarily
growing to a considerable height, and usually developing branches
at some distance from the ground.
Truck.
A light or heavy load vehicle (see definition for light and
heavy load vehicle).
Truck/Bus Repair.
An establishment providing major and minor repair services
to panel trucks, vans, trailers, recreational vehicles or buses.
Truck Sales, Heavy Trucks.
The display, storage, sale, leasing, or rental of new or
used panel trucks, vans, trailers, recreational vehicles, or buses
in operable condition.
Two-Family Residence (Duplex).
A building having separate accommodations for, and occupied
by not more than, two households, whereby each individual dwelling
unit is located on a separate lot of record as a result of the property
line being coincident with the common wall separating each dwelling
unit, such that dwelling units may be individually owned.
Utility Distribution/Transmission Line.
Facilities, including subsidiary stations, that serve to
distribute, transmit, transform, or reduce the pressure of gas, water,
or electric current, including, but not limited to, electrical transmission
lines, gas transmission lines, and metering stations.
Variance.
An adjustment in the application of the specific regulations
of the Zoning Ordinance to a particular parcel of property that, because
of special conditions or circumstances of hardship peculiar to the
particular parcel, is necessary to prevent the property from being
deprived of rights and privileges enjoyed by other parcels in the
same vicinity and zoning district. Only the board of adjustment of
the city can grant a variance.
Veterinarian Clinic, Indoor.
An establishment, not including outside pens, where animals
and pets are admitted for examination and medical treatment.
Veterinarian Clinic, Outdoor.
An establishment with outdoor pens/kennels, where animals
and pets are admitted for examination and medical treatment.
Warehouse/Distribution Center.
A building primarily devoted to storage, warehousing, and
distribution of goods, merchandise, supplies and equipment. Accessory
uses may include retail and wholesale sales areas, sales offices,
and display areas for products sold and distributed from the storage
and warehousing areas.
Water Treatment Plant.
A facility owned and/or operated by a private entity that
is used to alter the physical, chemical or biological quality of water.
Wind Energy Conversion Systems, Small.
A small wind energy conversion systems (WECS) shall be defined
as any device such as a wind charger, windmill, or wind turbine, which
converts wind energy to a form of usable energy and is an incidental
use to the primary use of a property.
Wine Bar.
An establishment having as its principal or predominant use
the retail sales of wine for consumption on or off the premises, and
that derives less than 75 percent (75%) of the establishment's
gross revenue from the sale of wine from on-premises consumption.
Winery.
A facility that (1) ferments juices from grapes and/or other
fruit; (2) blends wines; (3) manufactures, bottles, labels, and packages
wine; and/or (4) performs any other activity authorized by Chapter
16, Winery Permit, of the Texas Alcoholic Beverage Code, as amended.
Wireless Communications Store.
A shop specializing in the sale of wireless communication
devices, such as cellular telephones. May also include servicing of
the equipment.
Yard.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except where otherwise specifically provided
in this Ordinance that the building or structure may be located in
a portion of a yard required for a main building. In measuring a yard
for the purpose of determining the width of the side yard, the depth
of a front yard or the depth of a rear yard, the shortest horizontal
distance between the lot line and the main building shall be used.
Yard, Front.
A yard located in front of the front elevation of a building
and extending across a lot between the side yard lines and being the
minimum horizontal distance between the front property line and the
outside wall of the main building.
Yard, Rear.
The area extending across the rear of a lot measured between
the lot lines and being the minimum horizontal distance between the
rear lot line and the rear of the outside wall of the main building.
On both corner lots and interior lots, the rear yard shall in all
cases be at the opposite end of the lot from the front yard.
Yard, Side.
The area between the building and side line of the lot and
extending from the front lot line to the rear lot line and being the
minimum horizontal distance between a side lot line and the outside
wall of the side of the main building.
Zoning Administrator.
The city manager or other city official designated by the
city manager to administer zoning regulations.
Zoning Application.
A request to consider an ordinance establishing or changing
a zoning district, including but not limited to, an ordinance establishing
or amending a Planned Development District or specific use permit.
Zoning District Map.
The official map upon which the boundaries of the various
zoning districts are drawn and which is an integral part of the Zoning
Ordinance.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1296-15, § 2(Exh. A), 8-18-2015; Ord. No. 1367-18, § 3(Exh. C), 10-8-2018; Ord. No. 1385-19, § 2, 3-25-2019; Ord. No. 1420-20, § 3, 12-14-2020; Ord. No. 1486-23 adopted 10/23/2023; Ord. No. 1487-23 adopted 10/9/2023]