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, Private.
A private field(s) and structure used for sporting events with associated spectator seating, either permanent or temporary.
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, Used.
Sales of used automobiles or light load vehicles.
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."
Cemetery or Mausoleum.
Property used for the interring of the dead.
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.
Concrete/Asphalt Batching Plant, Permanent.
A permanent manufacturing facility for the production of concrete or asphalt.
Concrete/Asphalt Batching Plant, Temporary.
A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.
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.
Contractor Storage or Equipment Yard.
An area of outside storage of construction equipment in conformance with the city's design standards.
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.
Convenience Store without Fuel Pumps.
A retail establishment that sells food and other consumable and nonconsumable products for off-premises use or consumption.
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.
Development Review Committee (DRC).
The committee created by section 5.05 to review all site plans and to recommend either approval or denial.
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, Major.
A building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.
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.
Fairground, Exhibition Area, or Rodeo Arena.
An area where outdoor fairs, rodeos, circuses or exhibitions are held.
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.
Floor or Window Covering Store.
A shop offering carpet, rugs, tile, draperies, and associated products for sale.
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.
Locksmith/Security System Company.
Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems.
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, Interior.
A lot other than a corner lot.
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 Line, Side.
Any lot line not the front or rear lot line.
Lot Lines or Property Lines.
The lines bounding a lot as defined herein.
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.
Major Thoroughfare.
A six-lane divided roadway as identified by the city's thoroughfare plan.
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.
Motorcycle Sales/Service.
The display, sale, repair, and servicing of new or used 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 and Storage Area for Public/Private Utility.
The pole yard, maintenance yard, or administrative office of public or private utilities.
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.
Pet Care and Grooming, Indoor.
A business contained completely indoors where household pets are housed, groomed, bred, boarded, trained or sold.
Pet Care and Grooming, Outdoor.
A business with outdoor pens/kennels where household pets are housed, groomed, bred, boarded, trained or sold.
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.
Recreational Vehicle Sales and Service, New/Used.
Sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and boats.
Recreational Vehicle/Truck Parking Lot or Garage.
An area or structure designed for the short-or long-term parking or storage of recreational vehicles, boats, or heavy load vehicles.
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.
Residential District.
District where the primary purpose is residential use.
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.
Sewage Treatment Plant/Pumping Station.
A facility owned and/or operated by a private entity that is designed for the collection, removal, treatment, and/or disposal of water-borne sewage.
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, Farm or Utility.
The principal use of the land is the commercial production of energy through one or multiple wind energy conversion systems (WECS).
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]