(a) 
Purpose.
To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.
(b) 
Residential districts - special off-street parking provisions.
(1) 
Required off-street parking shall be provided on the same site as the use it is to serve.
(2) 
All vehicle parking shall be on a suitably paved parking surface. All driveways and approaches to parking spaces shall be similarly paved, except in the Agriculture district.
(3) 
No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).
(4) 
A minimum of two covered off-street parking spaces shall be provided for all single-family (detached) and duplex (2F) dwelling units on the same lot as the main structure behind the front building line.
(5) 
The following additional parking requirements apply to single-family attached, multifamily and manufactured homes, as noted:
(A) 
Triplex, quadriplex and multifamily (MF also see subsection (c).
(i) 
1.75 spaces for each efficiency or 1 bedroom unit.
(ii) 
2 spaces for each 2 bedroom unit.
(iii) 
2.5 spaces for each 3 bedroom unit.
(iv) 
3 spaces for each 4 or more bedroom unit.
(B) 
Manufactured home (MH district).
(i) 
Two spaces per unit located on the same lot as the unit served.
(ii) 
Tenant parking:
Each parking space shall be an approved all-weather surface, in accordance with city standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured/mobile homes and for public parking in the park.
(iii) 
Visitor and supplemental parking:
In addition to parking spaces required for each manufactured/mobile home unit, there shall be paved parking provided for the manufactured/mobile home community in general:
a. 
Two visitor parking space for every three manufactured/mobile home spaces.
b. 
One supplemental parking or vehicle storage space for the parking or storage of boats, campers and similar vehicles or equipment for every four manufactured/mobile home spaces.
c. 
Supplemental spaces may be located anywhere within the manufactured/mobile home community provided that no manufactured/mobile home space shall be situated further than 150' from a visitor space.
d. 
Each parking space will be not less than 9' x 18', which is not to be included in the lot size.
(c) 
Nonresidential and MF districts - special off-street parking provisions:
(1) 
For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with subsection (i) (fire lanes).
(2) 
All off-street parking, maneuvering, loading and storage areas shall be paved with an all-weather surface (i.e., no parking shall be permitted on grass, within landscaped areas, on gravel, or on other unimproved surfaces). All maneuvering areas for parking and loading shall be on-site (i.e., shall not occur within public right-of-way or on adjacent property without a platted/recorded access easement granting such access on adjacent property).
Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.
(3) 
Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Illustration 10, section 14.02.183, for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:
(A) 
Standard: 10' by 18'.
(B) 
Parallel: 8' by 22'.
(4) 
All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device (e.g., curb, wheel stop, etc.) installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed 4' minimum sidewalk width. The requirement shall apply only where spaces are adjacent to the walks, right-of-way, and required landscaping. Parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.
(5) 
In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic.
(6) 
Refuse storage containers (i.e., dumpsters) placed in a parking lot shall not be located in a designated parking or loading space. Each refuse container shall be located so as to facilitate pickup by refuse collection agencies with the general flow of on-site vehicular traffic and with minimal backing movements. Access and approaches to a refuse container shall be entirely on the lot it serves, and shall not be from adjacent property unless an irrevocable, platted/recorded access easement is secured granting use of adjacent property for such purpose.
(7) 
Handicap parking space(s) shall be provided according to building codes, state laws, and requirements of the Americans with Disabilities Act (ADA).
(8) 
In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).
(9) 
To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city manager, or his/her designee.
(10) 
Off-street stacking requirements for drive-through facilities:
(A) 
A stacking space shall be an area on a site measuring 9' by 20' with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least 9' in width and with negotiable geometric design, must be provided to allow vehicles to get out of the stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc. In computing the number of stacking spaces for a particular use and where fractional spaces result, the stacking spaces required shall be construed to be the next higher whole number (i.e., "rounded up").
(B) 
For each service window of a drive-through restaurant, a minimum of four spaces shall be provided for the first vehicle stop (usually the menu/order board), and two spaces shall be provided for each additional vehicle stop (order/pick-up windows, etc.). One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).
(C) 
For retail operations (other than restaurants, banks, etc.) and kiosks that provide drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three stacking spaces for each service window shall be provided.
(D) 
For a full-service carwash, each vacuum or gas pump lane shall be provided with a minimum of three stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.
(E) 
For each automated self-service (drive-through/rollover) carwash bay, a minimum of two stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.
(F) 
For each wand-type self-service (open) carwash bay, a minimum of two stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.
(G) 
For automobile quick-lube type facilities, a minimum of two stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.
(H) 
Kindergartens, elementary schools, day care facilities, and similar types of facilities shall provide pick-up/drop-off areas that are not located in main traffic circulation aisles or in fire lanes. Stacking requirements for such facilities shall be a minimum of three stacking spaces, plus one stacking space for each 10 students/children (based upon the maximum occupancy/enrollment of the facility) over 30 students/children.
(d) 
Parking access from a public street - all districts:
(1) 
In the approval of a detailed site plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.
(2) 
In all districts (except single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the city manager, or his/her designee.
(A) 
Based upon analysis by the city, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.
(B) 
The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.
(3) 
Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, and shall not be configured as "head-in" parking spaces which are accessed directly from the street.
(4) 
Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustration 10, section 14.02.183.
(e) 
Parking requirements based upon use.
In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:
(1) 
Automobile parts sales (indoors): One space per 200 square feet of indoor floor area.
(2) 
Automobile sales or service: See motor-vehicle sales.
(3) 
Bank, savings and loan, or similar institution: One space per 250 square feet of gross floor area in addition to required stacking spaces (see subsection (c)(9)).
(4) 
Bed and breakfast facility: One space per guest room in addition to the requirements for a normal residential use.
(5) 
Bowling alley or center: Six parking spaces for each alley or lane.
(6) 
Bus or truck repair, storage area, or garage: One space for each 500 square feet of floor area and repair garage with a minimum of five spaces.
(7) 
Business or professional office (general): Five spaces, or one space per 300 square feet of gross floor area (except as otherwise specified herein), whichever is greater.
(8) 
Carwash (self-serve): One space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; carwash (full service): One space per 150 square feet of floor area in addition to the required stacking spaces (also see subsection (c)(9)).
(9) 
Church, rectory, or other place of worship: One parking space for each three seats in the main auditorium/sanctuary (see subsection (f)(2)).
(10) 
College or university: One space per three day students (based upon maximum occupancy and/or enrollment numbers).
(11) 
Commercial amusement (indoor): One space per 100 square feet of gross floor area, or as follows:
(A) 
Racquetball or handball courts: Three spaces for each court.
(B) 
Indoor tennis courts: Six spaces for each court.
(C) 
Gymnasium, skating rinks, and martial arts schools: One space for each three seats at a maximum seating capacity (based upon maximum occupancy), plus one space for each 200 square feet.
(D) 
Swimming pool: One space for each 100 square feet of gross water surface and deck area.
(E) 
Weight lifting or exercise areas: One space for each 100 square feet.
(F) 
Indoor jogging or running tracks: One space for each 100 linear feet.
(G) 
Motion picture theaters (which do not include live performances):
(i) 
One space per three and one-half (3 1/2) seats for single-screen theaters;
(ii) 
One space per five seats for motion picture theaters with two or more screens (see subsection (f)(2)).
(H) 
Amusement center: One space for each game table and one space for each amusement device.
(I) 
Health club, health spa or exercise club: One space per 150 square feet of floor area.
(J) 
All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.
(12) 
Commercial amusement (outdoor): 10 spaces plus one space for each 500 square feet over 5,000 square feet of building and recreational area.
(A) 
Golf course: Four parking spaces per hole or green plus requirements for retail, office, and club house areas and one space per each two employees.
(B) 
Golf driving range: One and one-half (1 1/2) spaces for each driving tee.
(13) 
Commercial use: One space per 250 square feet of floor area.
(14) 
Community center, library, museum or art gallery: 10 parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains (see subsection (f)(2)).
(15) 
Convenience store (with gasoline pumps): One space per 200 square feet of floor area, plus one space for each gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. (See also section 14.02.124(c)(5).)
(16) 
Dance/aerobics studio, or assembly/exhibition hall without fixed seats: One parking space for each 100 square feet of floor area thereof.
(17) 
Day nursery, day care center, kindergarten: One space per 10 pupils (based upon maximum occupancy and/or licensing capacity), plus one space per teacher, plus one space for each bus or van stored on the property (and sized to accommodate the vehicle), plus required stacking spaces (see subsection (c)(9)).
(18) 
Defensive driving school/class: One space for each classroom seat (see subsection (f)(2)).
(19) 
Fraternity, sorority or dormitory: One parking space for each two beds on campus, and one and one-half (1 1/2) spaces for each two beds in off-campus projects.
(20) 
Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000 square feet.
(21) 
Gasoline station: One space per 200 square feet of floor area, plus one space for each gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. (See also section 14.02.124(e)(5).)
(22) 
Hospital: One space for each two beds or examination room, whichever is applicable; plus one space for every two employees during periods of full occupancy.
(23) 
Hotel or motel: One space per guest room, plus one space per three restaurant/lounge area seats (based upon maximum occupancy), plus one space per 125 square feet of meeting/conference areas.
(24) 
Industrial uses: One space for each 1,000 square feet of floor area (one space per 300 square feet for any office/administrative areas).
(25) 
Institutions of a philanthropic nature: 10 spaces plus one space for each employee.
(26) 
Library or museum: 10 spaces plus one space for every 300 square feet.
(27) 
Lodge or fraternal organization: One space per 200 square feet.
(28) 
Lumber yard/home improvement center: One space per 400 square feet display area, plus one space per 1,000 square feet of warehouse.
(29) 
Machinery or heavy equipment sales: One space per 500 square feet of gross floor area.
(30) 
Manufactured/mobile home or manufactured/mobile home park: Two spaces for each manufactured/mobile home unit.
(31) 
Manufacturing, processing or repairing: One space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.
(32) 
Medical or dental office: One space per 200 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.
(33) 
Mini-warehouse/self storage: Three spaces per establishment if an office is located on-site, plus two spaces for an on-site manager's residence (if applicable), plus one appropriately sized space for any type of vehicle to be stored on-site (e.g., rental trucks, boats, RVs, etc.).
(34) 
Mortuary or funeral home: One parking space for each 200 square feet of floor space in slumber rooms, parlors or individual funeral service rooms, or one space for each three seats in the auditorium/sanctuary (see subsection (H(2)), whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.
(35) 
Motor-vehicle sales and new or used car lots: One parking space for each 500 square feet of sales floor/office and other indoor uses, plus one parking space for each 1,000 square feet of exterior lot area used for storage, sales and parking areas, plus one parking space per repair bay in service areas (indoors or outdoors), plus one parking space per service/towing vehicle to be stored on-site (required parking spaces are in addition to those to be used for the storage/display of vehicles for sale/lease).
(36) 
Nursing home, convalescent home, or home for the aged: One space per six beds; plus one parking space for each 300 square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses; plus one space for every two employees at full occupancy.
(37) 
Office (administrative or professional): One space for each 300 square feet of floor area.
(38) 
Outdoor display: One space for each 600 square feet of open sales/display area.
(39) 
Places of public assembly not listed: One space for each three seats provided (see subsection 33.6(B)[sic]).
(40) 
Real estate office: One space for each 200 square feet.
(41) 
Residential: See subsection (b) for the parking requirements for various types of residential development.
(42) 
Restaurant, private club, night club, cafe or similar recreation or amusement establishment: One parking space for each 100 square feet of seating/waiting area, or one space for every three seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be required for drive-through facilities (see subsection (c)(9)).
(43) 
Retail or personal service establishment, except as otherwise specified herein: One space per 200 square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see subsection (c)(9)).
(44) 
Retirement housing for the elderly (independent living): One and one-half (1.5) spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses.
(45) 
Rooming or boarding house: One parking space for each sleeping room, plus one parking space for each host resident or employee during maximum (i.e., peak) shift.
(46) 
Sanitarium or similar institution: One parking space for each six beds, plus one parking space for every two employees at maximum (i.e., peak) shift and full occupancy.
(47) 
School, elementary (grades K through 6): One parking space for each 15 students (design capacity).
(48) 
School, secondary or middle (grades 7 through 8): One parking space for each 12 students (design capacity).
(49) 
School, high school (grades 9 through 12): One space for each three students, faculty and staff (design capacity).
(50) 
Storage or warehousing: One space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.
(51) 
Telemarketing: One space for each 250 square feet of floor space.
(52) 
Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One parking space for each three seats or bench seating spaces (see subsection (f)(2)).
(53) 
Truck stop/travel center: One truck parking space for each 10,000 square feet of site area, plus one vehicle parking space per 200 square feet of retail/service building area (plus one space per 100 square feet of restaurant/cafe floor area, if provided).
(54) 
Veterinarian clinic: One space per 300 square feet of gross floor space.
(55) 
Warehouse or wholesale type uses: One space for 5,000 square feet of gross floor area.
(f) 
Rules for computing number of parking spaces.
In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
(1) 
"Floor area" shall mean the gross floor area of the specific use.
(2) 
"Seat" shall be interpreted as follows:
(A) 
For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals one and one-half (1.5) feet of length; and
(B) 
For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight square feet of floor area occupied by such seating area (includes aisles).
(3) 
For any type of use in subsection (e) above in which the number of seats is used to compute the required number of parking spaces, the city manager (or his/her designee) may, at his/her discretion, make a determination that the parking requirement shall instead be determined by the maximum occupancy load for the building (as prescribed in the city's building code) at a rate of one parking space required for every three persons to be accommodated in the facility at maximum occupancy.
(4) 
Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.
(5) 
The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the city manager, or his/her designee, in accordance with the requirements for the most closely related use specified in this section. In the event the applicant disagrees with this determination, then he/she may submit a request for determination by the planning and zoning commission and city council using the same process as provided in section 14.02.091(a)(4) for classifying new and unlisted uses.
(6) 
Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
(7) 
For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 20,000 square feet.
(8) 
Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to 50% of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the city manager, or his/her designee. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the city.
(g) 
Location of parking spaces.
All parking spaces required herein shall be located on the same lot, and within 150' in the case of nonresidential buildings/uses, as the building or use served, except in the CBD district and as follows:
(1) 
Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required additional spaces may be located not to exceed 300 feet from any nonresidential building served.
(2) 
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the planning and zoning commission and city council is required according to the following criteria:
(A) 
Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within 150' of such building or structure providing:
(i) 
That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefitted shall be dedicated and recorded as a condition of such use, or
(ii) 
That a long-term remote parking lease agreement be provided upon approval by the city as a condition of such use.
(h) 
Use of required parking spaces, nonresidential districts.
Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials or products for sale, lease or rent.
(i) 
Fire lanes.
Fire lanes shall be provided in all multifamily, single-family attached, manufactured home, and nonresidential developments. Fire lanes shall be a minimum width of 24' of paving, and shall have a minimum inside turning radius at curves of 20', or as required by the fire code and/or the fire chief of the city. The minimum overhead vertical clearance over any portion of a fire lane shall be 14'.
(Ordinance 933 adopted 5/7/2003)
(a) 
In a single-family or multifamily district, an accessory building is a subordinate or incidental building, detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall be located toward the rear portion of the property.
(b) 
In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings should, wherever possible, be located toward the rear portion of the property.
(c) 
Area regulations for accessory buildings in residential and multifamily districts:
(1) 
Size of yards:
(A) 
Front yard:
Detached accessory buildings shall be prohibited in front of the main building.
(B) 
Side yard:
There shall be a side yard not less than 5' from any side lot line, or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of 10'. Garages or carports located and arranged so as to be entered from the side yard shall have a minimum distance of 20' from the side lot line, alley line, alley easement line or street. Carports or garages arranged to be entered from the side yard, or facing a public street, shall have a minimum distance equal to the required yard for the main building or 20', whichever is greater.
(C) 
Rear yard:
There shall be a rear yard not less than 5' from any lot line or alley line, or alley easement line, except that; a) where apartments are permitted, the main building and all accessory buildings shall not cover more than 50% of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line; b) carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than 6' to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building; or c) accessory buildings constructed 6' or more from the main building shall have a rear yard of 5'. If an alley exists, accessory buildings may be located within 5' of a rear lot line. Garages or carports that are arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear property line or alley easement line a minimum distance of 20'.
(D) 
Carports shall be measured from the outermost limits of the roof nearest to the street or alley. (See Illustration 5, section 14.02.183.)
(E) 
Accessory buildings shall not exceed one story in height, unless otherwise allowed in the specific zoning district. Garage/accessory dwelling units are allowed up to 35' in height in some residential districts. Garage/accessory dwelling units up to two stories may be allowed in certain other districts (see section 14.02.091) by SUP if there is no adverse impact upon adjacent properties.
(d) 
Cargo/shipping container use.
(1) 
No person shall store, maintain or otherwise keep a cargo or shipping container temporarily or permanently on any lot or parcel of property within the city without first having obtained and possessing an active building permit issued by the city, and a permit for placement of a cargo/shipping container.
(A) 
Residential permits are valid for a period not to exceed six months.
(B) 
Upon review of a request for an extension of the residential permit, the city may grant one six month extension.
(2) 
Cargo/shipping containers must abide by building codes except that:
(A) 
A foundation is not required as they are temporary structures;
(B) 
Ventilation is not required;
(C) 
Electricity is optional but not required;
(D) 
Tie-downs are not required unless electricity is installed;
(E) 
Setbacks are to be at least 15 feet from any other structure including other cargo/shipping containers.
(3) 
Cargo/shipping containers may be installed only in the Commercial, Agriculture and Industrial Districts, and in Single-Family Residential Districts only with the following restrictions:
(A) 
Cargo/shipping containers cannot be installed on any residential site with less than 1.0 acre (or 43,560 sq. ft.).
(B) 
Only one cargo/shipping container per one acre of land.
(C) 
No cargo/shipping containers can be placed on a front yard.
(D) 
No cargo/shipping containers can be stacked on top of one another or on top of any other object.
(E) 
Cargo/shipping containers must be behind or beside the main or primary structure on the lot or parcel of land and are subject to the same setback requirements as the main structure.
(F) 
No cargo container shall be used for human habitation or commercial business purposes.
(G) 
No cargo container shall be used to store hazardous materials.
(H) 
No cargo container shall be used to store and keep refuse or debris in, against, on or under the cargo container.
(I) 
Any cargo container shall be secure, structurally sound, stable and in good repair.
(4) 
Special use permits will be available for residential sites for a period not to exceed six months for hardship uses such as:
(A) 
Moving.
(B) 
Renovation.
(C) 
Disaster Relief.
(5) 
General terms of use:
(A) 
Any permit issued under this chapter may be revoked upon 10 days written notice to the owner, occupant or person in control of the property if such person is storing, maintaining, or otherwise keeping a cargo container in violation of this chapter.
(B) 
Any person aggrieved by a decision of the city to revoke a permit may appeal to the zoning board of adjustments, whose decision shall be final.
(Ordinance 933 adopted 5/7/2003)
(a) 
Purpose.
To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.
(b) 
Screening of nonresidential, multifamily areas and manufactured/mobile home parks:
(1) 
In the event that multifamily, nonresidential uses, or manufactured/mobile home parks side or back upon a single-family, two-family or residential PD district, or in the event that any nonresidential district sides or backs upon a multiple-family district, a solid brick/masonry screening wall or other solid fence of not less than 6', nor more than 8', in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.
(A) 
The owner of the multifamily property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multifamily is adjacent to residential uses.
(B) 
When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.
(C) 
Any screening wall or fence required under the provisions of this section or under a specific use provision, Planned Development District, or other requirement shall be constructed of masonry, reinforced concrete, wood or other similar suitable materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
(D) 
Alternative equivalent screening may be approved through the site plan approval process, section 14.02.036.
(2) 
In nonresidential and multifamily zoning districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way line). In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential or multifamily development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the nonresidential or multifamily buildings. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential or multifamily development (see section 14.02.124(j) for sight visibility requirements).
(3) 
All fences require permits. An administrative fee must be paid at the time of permit application.
(4) 
See section 14.02.124(j) for sight visibility requirements for fences and screening walls.
(5) 
Open storage of materials, commodities or equipment (see section 14.02.091, uses permitting outside storage) shall be screened with a minimum 6' tall fence or wall, and shall not be visible from the street. (See section 14.02.128 definition of outside storage.)
(6) 
In districts permitting open storage, screening shall be required only for those areas used for open storage. A 6' tall screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:
(A) 
Solid masonry (brick, concrete block or concrete panels).
(B) 
Chainlink with solid landscape screening (opaque within three years of planting).
(C) 
Wrought iron with solid landscape screening (opaque within three years of planting).
(D) 
Alternate equivalent screening may be approved through the site plan approval process under section 14.02.036.
No outside storage may exceed the height of the fence. Outside storage exceeding 8' shall require a specific use provision.
(7) 
Refuse storage areas which are not located behind a building and are visible from a public right-of-way, a street, or a residential area for all nonresidential, multifamily and manufactured/mobile home park uses shall be visually screened by a minimum 6' tall solid wall on at least three sides (see Illustration 11 for refuse container enclosure diagrams). The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process, section 14.02.036. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per Illustration 11, section 14.02.183.
(c) 
Fences in residential areas:
(1) 
Any fence or wall located to the rear of the minimum required front yard line shall not exceed 8' in height.
(2) 
Except as provided by subsection (A) below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot which is adjacent to a public street.
(A) 
Decorative fences with openings not less than 50% of the fence area and not exceeding 3' in height are permitted in front yards.
(3) 
Fences or walls shall be placed so as not to interfere with the maintenance of any utilities or with emergency access into a property. The city shall not be responsible for the replacement of fences or walls built over or within dedicated utility easements if the fence or wall must be removed for maintenance or emergency access purposes. In order to facilitate ingress for public safety and utility company personnel, at least one pedestrian gate, not less than 3' wide, shall be required on each fence or wall section that is adjacent or parallel to a public right-of-way or a utility easement.
(4) 
No fence or wall shall be constructed or placed within 10' of the back of the street curb or, if no curb is present, within 10' of the edge of the street or alley pavement regardless of the location of the property line.
(5) 
All fences require permits. An administrative fee must be paid at the time of permit application.
(6) 
No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over one acre in size.
(7) 
The minimum gauge of wire for a wire mesh fence shall be not less than 11 1/2, and the minimum wire mesh size shall not be less than 2 1/4".
(8) 
Gates designed for vehicular access shall be set back from the property line a minimum of 25'.
(9) 
Permanent swimming pools that are more than 18" deep and that have a permanent filtration system shall be enclosed by a security fence not less than six feet in height. All swimming pool security fences shall be constructed so as not to have openings, holes or gaps larger than two inches in dimension, except for doors and gates. All doors and gates shall be equipped with self-closing, self-latching devices. Solid wood fences along property lines which surround the swimming pool may also satisfy this screening requirement. Fences around swimming pools shall also comply with the standard swimming pool code and with any other city codes/ordinances pertaining to same.
(10) 
See section 14.02.124(j) for sight visibility requirements for fences and screening walls.
(11) 
Special purpose fencing, such as fencing around tennis courts, is permitted (permit required).
(Ordinance 933 adopted 5/7/2003)
(a) 
Measuring setbacks.
All setback measurements shall be made in accordance with Illustrations 6, 7 and 8, section 14.02.183.
(b) 
Configuration of lots.
Wherever possible, flag lots (i.e., lots with minimal, or panhandle type, frontage) shall be avoided. Similarly, through (i.e., double frontage) lots (particularly within residential zoning districts) shall also be avoided wherever possible. (Also see subdivision ordinance for regulations pertaining to the configuration of lots.)
(c) 
Front yard.
(1) 
On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat (see Illustration 9 and subsection (d)(1)). Where a single-family or duplex lot has double frontage, extending from one street to another, or it is located on a corner, a front yard shall be required on both street frontages unless a side or rear yard building line has been established along one frontage on the plat and the side or rear yard is not directly abutting a front yard on another lot (i.e., it is physically separated from the adjacent lot by an alley, street right-of-way, creek/flood plain area, or some other similar feature by a distance of 15 feet or more), in which event only one required front yard need be observed (see subsection (d)(1)). The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard (see Illustration 9, section 14.02.183).
(2) 
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see Illustration 3). Similarly, the front/side yards of a lot which has more than one street frontage shall conform to the setback lines established by the immediately adjacent lot(s) such that the setbacks along the block face are uniform (i.e., consistent, not staggered). At least one front yard setback shall be provided for every lot/parcel.
(3) 
The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed 4', and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30" above the average grade of the yard (see Illustration 4, section 14.02.183).
(4) 
Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Minimum lot widths for all lots shall be as set forth in the respective zoning district for each lot.
(5) 
Gasoline service station pump islands that parallel a public street may be located a minimum of 18' to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be 30' in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this chapter are met), but shall not be closer than 15' to any property line that is not adjacent to a public street.
(6) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(d) 
Side yards:
(1) 
On a corner lot used for a single- or two-family dwelling, both street frontages shall be treated as front yards on all lots platted after October 17, 1989 (pursuant to the subdivision ordinance, Ordinance 637), except that one street exposure may be designated as a side yard for the corner lot if an alley, street right-of-way, creek/floodplain area, or other similar phenomenon physically separates the corner lot from the adjacent lot by a distance of 15' or more. In such case, a building line may be designated as a side yard (as determined by the applicable zoning district standards). On lots which were official lots of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.
(2) 
Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12" into the required side yard, and roof eaves projecting not to exceed 36" into the required side yard. Air-conditioning compressors and similar equipment are permitted in the side yard.
(3) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(e) 
Rear yards:
(1) 
Slabs, driveways, porches and similar surfaces may be constructed in the rear yard area.
(2) 
Every part of a required rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12" into the required rear yard, and roof eaves projecting not to exceed 36" into the required rear yard. Air-conditioning compressors and similar equipment are permitted in the rear yard.
(3) 
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(f) 
Special height regulations:
(1) 
In the districts where the height of buildings is restricted to two to three stories, cooling towers may extend for an additional height not to exceed 50' above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.
(2) 
Airport height exceptions:
In any district, no structure shall be erected which exceeds the maximum heights permissible under the rules of the Federal Aviation Administration (FAA), and further provided that no structure shall be erected within 750' of the projected centerline of a runway for a distance of 500' from the boundary of the airport.
(g) 
Communications antennas and support structures/towers:
(1) 
In all residential zoning districts (A, SF-5, 2F, MF, and MH), commercial antennas and antenna support structures are prohibited, except as specified within this section.
(A) 
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) exceeding 50' in height, provided that the antenna does not extend more than 10 feet above the height of the utility structure (see subsection (g)(3) below).
(B) 
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (g)(3) below). A commercial antenna may be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties.
(2) 
In nonresidential zoning districts (O, R, CBD, C and I), commercial antennas and antenna support structures are allowed as follows:
(A) 
Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by specific use provision (SUP). In all nonresidential zoning districts, antenna support structures must meet the setback requirements from residential districts.
(B) 
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank, etc.) exceeding 50 feet in height, provided that the antenna does not extend more than 10 feet above the height of the utility structure (see subsection (g)(3) below).
(C) 
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (g)(3) below). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and is not readily visible/identifiable as an antenna from public roadways or neighboring residential properties.
(3) 
No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures exceeding 50' in height, or to antennae placed wholly within or mounted upon a building.
(4) 
No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards, as measured from the property line.
(5) 
Antennae (amateur or commercial) shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable federal, state and local authorities. In no manner shall the use of such equipment infringe upon adjoining property owners.
(6) 
Satellite dishes and other similar antennas shall be permitted on the roof of a building, as long as satellite dishes do not exceed 3' in diameter and antennas do not extend over 12' above the roof of the building. Any parabolic or satellite dish antenna over 3' in diameter may not be mounted on the roof of a building. Roof-mounted antennae that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings.
(7) 
Only one satellite dish shall be permitted per residential lot or primary structure, except that a maximum of two dishes shall be allowed if both units are 3' or less in diameter. Satellite dishes in any residential district shall not exceed 12' in diameter.
(8) 
All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the FAA and FCC shall be prohibited on any antenna or antenna support structure.
(9) 
All publicly owned antennae or antenna support structures shall be permitted in any district (e.g., public safety communications, etc.).
(h) 
Minimum dwelling unit area.
Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.
(i) 
Open storage areas.
Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and shall observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in section 14.02.128) see screening requirements in section 14.02.123.
(j) 
Sight visibility:
(1) 
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between 24" and 8' above the ground. The triangular areas are defined as follows:
(A) 
Alley intersects a public street right-of-way.
The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two sides of each triangle being a minimum of 10' in length from the point of intersection, and the third side being a line connecting the ends of the other two sides (see Illustration 12).
(B) 
Street intersection or intersection of private driveway onto a public street.
These areas shall have a triangular visibility area with two sides of each triangle being a minimum of 25' in length along the right-of-way lines (or along the driveway curb line and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two sides (see Illustration 12, section 14.02.183).
(2) 
Shrubs and plant materials that are typically less than 24" in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of 24".
(3) 
A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least 8' may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.
(k) 
Nonresidential structures in residential districts.
Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (A, SF-5, 2F, MF and MH) shall be designed and constructed such that they conform to the development standards set forth in the Retail (R) zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, etc.) unless otherwise stated in this chapter.
(l) 
Exterior construction.
(1) 
All nonresidential buildings shall be 30% masonry construction on the front of the building, exclusive of doors, windows and other openings. The city council may approve an alternative equivalent material to masonry if the proposed material has similar fire resistance characteristics.
(2) 
All new residential building's facades shall be constructed of a minimum of 30% masonry construction on the front and sides of the building. There is no masonry requirement on the rear of the structure, except for corner lots. Residential buildings on a corner lot are considered to have two fronts, therefore, all four sides are required to be included as having the masonry minimum requirement. Garages attached to the residence shall be of the same 30% masonry requirements as the main structure. Calculation of the minimum 30% masonry requirement is based on including all facade surface area of the first floor excluding windows, doors, and other openings. The minimum 30% masonry requirement applies to each side which is defined as having a minimum masonry requirement; for example, it cannot be 90% of one side and none on the other two sides. Masonry materials shall include the use of brick, stone, stucco, granite, marble, precast concrete, and fiber cement siding (such as Hardie Plank). Materials which are not allowed as facade materials include plywood, concrete block, roofing shingles of any type, corrugated metal or plastic of any type or any other material with a rated life expectancy of less than 30 years.
Existing residential buildings shall be allowed to repair or remodel the exterior siding using the same or similar siding as existing. Additions to existing residential buildings shall be allowed using the same or similar siding as the existing building. The use of decayed or poor condition materials is not allowed.
(Ordinance 933 adopted 5/7/2003; Ordinance 1170 adopted 4/7/2015)
(a) 
In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by county, state and/or federal agencies. All uses, including those which may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.
(b) 
All federal and state pollution, noise, and requirements for toxic waste disposal shall be observed.
(c) 
Noise.
It is unlawful for any person to create any loud, unreasonable noise, which causes distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity as stated in article 8.04.
(d) 
Smoke and particulate matter.
No operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are:
(1) 
Of such density as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the ASTM except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the atmosphere, the standards specified by ASTM shall not apply.
(2) 
The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one hour.
(3) 
Open storage and open processing operations, including on-site transportation movements which are the source of wind or air borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1,000 cubic feet of air.
(e) 
Odorous matter:
(1) 
No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.
(2) 
The odor threshold shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by a recognized independent authority shall be used.
(f) 
Fire or explosive hazard material:
(1) 
No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire chief of the city.
(2) 
The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the city fire code or are approved by the fire chief.
(g) 
Toxic and noxious matter.
No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed 10 percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in "Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby incorporated by reference.
(h) 
Vibration.
No operation or use shall at any time create earthborne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:
Frequency Cycles Per Second
Displacement in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(Ordinance 933 adopted 5/7/2003)
(a) 
Purpose.
Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while permitting adequate levels of lighting of parking areas.
(b) 
Nonresidential site lighting and glare standards:
(1) 
Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles.
(2) 
Off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall conform to the following requirements:
(A) 
Intensity.
(i) 
Illumination shall not exceed an average of one footcandle at ground level and shall distribute not more than 0.25 footcandles of light upon any adjacent residentially zoned area.
(B) 
Height.
(i) 
On tracts or lots over three acres in size, the maximum height for poles with lights is 35'.
(ii) 
On tracts or lots less than three acres, the maximum height of poles with lights is 35'.
(iii) 
Special lighting or lighting higher than 35' may be approved as specifically noted on a site plan.
(c) 
Residential lighting and glare standards.
Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:
(1) 
Direct lighting over 10' in height is shielded from adjacent property.
(2) 
No light source shall exceed 35' in height. Streetlights and other traffic safety lighting are exempt from this standard.
(3) 
Lighting shall not directly shine on adjacent dwellings.
(d) 
Luminaires.
Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above 75 watts and strings of lamps are prohibited, except for temporary lighting as provided in subsection (e) below.
(e) 
Special or temporary lighting low wattage.
Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of 45 days for each holiday or special occasion.
(Ordinance 933 adopted 5/7/2003)
(a) 
Purpose.
Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
(b) 
Special provisions for home occupations.
(1) 
Home occupations shall be permitted as accessory uses in single-family, two-family and multifamily residential zoning districts (i.e., A, SF-5, 2F, MF and MH) provided that they comply with all restrictions herein;
(2) 
The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;
(3) 
Such use shall be incidental and secondary to the use of the premises for residential purposes;
(4) 
The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs;
(5) 
The operation of such an occupation shall be between the hours of 7:00 a.m. and 10:00 p.m.;
(6) 
One commercial vehicle, capacity of one ton or less (according to the manufacturer's classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;
(7) 
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification;
(8) 
There shall be no outside storage, including trailers, or outside display related to the home occupation use;
(9) 
No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;
(10) 
The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;
(11) 
The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;
(12) 
The home occupation shall not use advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means, except that one sign not exceeding 144 square inches may be displayed;
(13) 
The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and
(14) 
The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.
(c) 
Applicability of other regulations.
Home occupations shall also be subject to any and all other provisions of local, state and/or federal regulations and laws that govern such uses.
(d) 
Uses allowed as home occupations.
Subject to the provisions of subsection (b) above, home occupations may include the following uses:
(1) 
Office facility of an accountant, architect, landscape architect, doctor, dentist, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;
(2) 
Author, artist or sculptor;
(3) 
Dressmaker, seamstress or tailor;
(4) 
Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;
(5) 
Individual tutoring and home schooling;
(6) 
Millinery;
(7) 
Office facility of a minister, rabbi, priest or other clergyman;
(8) 
Home crafts, such as rug weaving, model making, etc.;
(9) 
Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;
(10) 
Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;
(11) 
Registered family homes (see definition in section 14.02.128), in compliance with applicable state laws, which are incorporated herein by reference, with no more than six children; and
(12) 
Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time.
(e) 
Uses prohibited as home occupations.
Home occupations shall not, in any event, be deemed to include the following uses:
(1) 
Animal hospitals or clinics, commercial stables, or kennels;
(2) 
Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;
(3) 
Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;
(4) 
Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;
(5) 
Office facility for a veterinarian;
(6) 
On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;
(7) 
Commercial clothing laundering or cleaning;
(8) 
Mortuaries or funeral homes;
(9) 
Trailer, vehicle, tool or equipment rentals;
(10) 
Repair shops or services, except as specifically provided in subsection (d) above;
(11) 
Drapery or furniture upholstery shops;
(12) 
Antique, gift or specialty shops;
(13) 
Repair shops for any items having internal combustion engines; and
(14) 
Any use that would be defined by the building code as an assembly, factory/industrial, hazardous, institutional or mercantile occupancy.
(f) 
Home occupation uses not classified.
Any use that is not either expressly allowed nor expressly prohibited by subsection (d) and (e), respectively, is considered prohibited, unless and until such use is classified by amendment to this chapter by the city council, subsequent to an affirmative recommendation by the planning and zoning commission.
(g) 
Effect of section 14.02.127 upon existing home occupations:
(1) 
Any home occupation that was legally in existence as of the effective date of this chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of section 14.02.031 provided that the owner/proprietor of such home occupation register his/her business with the city within 90 days of the effective date of this chapter, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this chapter shall be required upon registration.
(2) 
Any home occupation that was legally in existence as of the effective date of this chapter and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the city as described in subsection (g)(1) above.
(Ordinance 933 adopted 5/7/2003)
For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.
Accessory building (business or industry).
In the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and that is used for purposes accessory and incidental to the main use (see "accessory use").
Accessory building (residential).
In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business (i.e., the building area must be significantly less than that of the main structure). Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse as a hobby (no business), home workshop, children's playhouse, storage building, garden shelter, etc.
Accessory use.
A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith (i.e., the land/building area that is used for the accessory use must be significantly less than that used for the primary use, and/or the gross receipts/income that is derived from the accessory use must be significantly less than that derived from the primary use).
Active building permit.
An unexpired and unrevoked building permit for which the building inspector has not performed a final inspection.
Airport or landing field.
A place where aircraft can land and take off that is usually equipped with hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.
Alley.
A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
Ambulance service.
Provision of private (not operated by the city) emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.
Amusement arcade (also video arcade).
Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than 10% of the public floor area is devoted to three or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.
Amusement, commercial (indoor).
An amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.
Amusement, commercial (outdoor).
An amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.
Antenna (commercial).
An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds 6' in diameter shall also be considered as a commercial antenna. (See section 14.02.124(g)).
Antenna (non-commercial/amateur).
An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding 6' in diameter shall also be considered as a non-commercial antenna. (See section 14.02.124(g)).
Antenna, microwave reflector and antenna support structure.
An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors. (See section 14.02.124(g)).
Antique shop, sales indoors.
A retail establishment engaged in the selling of works of art, furniture and/or other artifacts of an earlier period, with all sales and storage occurring inside a building.
Applicant.
An owner, occupant or authorized agent, or a contractor or person with control of a property or lot.
Art gallery or museum.
An institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.
Assisted living facility.
A congregate residence facility for 10 or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.).
Auto finance and leasing.
Leasing of automobiles, motorcycles, and light load vehicles but no outside storage.
Auto laundry or carwash.
Washing, waxing or cleaning of automobiles or light duty trucks.
(1) 
Attended auto laundry or carwash. The owner of the vehicle does not actually wash the vehicle. Instead, he either leaves the vehicle and comes back to retrieve it later, or he waits in a designated area while employees of the carwash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.
(2) 
Unattended auto laundry or carwash. The owner of the vehicle causes the vehicle to become washed. One type of unattended carwash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.
Auto parts and accessory sales (indoors).
The use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.
Auto rental.
Storage or renting of automobiles and light trucks.
Auto sales (new).
Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service of new or used vehicles.
Auto sales (used).
Retail sales, or offering for sale, used automobiles or light load vehicles.
Auto storage or auto auction.
The storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles (see "wrecking yard").
Automobile accessory installation (minor).
Minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.
Automobile repair garage.
An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.
Automobile repair, major.
General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under "automobile repair, minor"; and other similar uses.
Automobile repair, minor.
Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "automobile repair, major" or any other similar use.
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 the following: passenger cars, light duty trucks and sport utility vehicles, vans and mini-vans, motor scooters and motorcycles.
Automotive gasoline or motor fuel service station.
Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "automobile repair, minor". Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than 48 hours.
Bakery or confectionery (retail).
A facility less than 1,500 square feet for the production and/or sale of baked goods.
Bakery or confectionery (wholesale or commercial).
A manufacturing facility over 1,500 square feet for the production and distribution of baked goods and confectioneries to retail outlets.
Ballroom dancing.
An establishment open to the general public for dancing (any sales of alcoholic beverages for on-premises consumption shall be subject to requirements and use restrictions for private clubs).
Bank, savings and loan, or credit union.
An establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds.
Barn.
A structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.
Basement (or cellar).
A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
Bed and breakfast inn or facility.
A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than four rooms for transient guests for compensation.
Block.
A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the city manager, or his/her designee, shall determine the outline of the block.
Boarding or rooming house.
A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.
Building height.
The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof.
Building line.
A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected (see Illustration 6, section 14.02.183).
Building materials and hardware sales (indoor or outdoor).
Materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a "home improvement center." "Outdoor" means the storage of materials and products outside of the main building.
Building official.
The inspector or administrative official charged with responsibility for issuing permits and enforcing the zoning ordinance and building code of the city.
Building site.
See "lot" definition.
Building, main or primary.
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.
Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
Bus station or terminal.
Any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.
Caretakers' or guards' residence.
A residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises (e.g., residence for guard in a private street development residence for a guard/manager/caretaker for a self-storage facility or a restricted access business park, etc.).
Carnival, circus or tent service (temporary).
Outdoor or indoor commercial amusement provided on a temporary basis.
Carport.
A structure that is open on a minimum of two sides and designed or used to shelter not more than three vehicles and not to exceed twenty-four feet on its longest dimension. Also called "covered parking area."
Cemetery or mausoleum.
Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
Cemetery, animal.
Same as cemetery except only for the burial of dead animals.
Certificate of occupancy.
An official certificate issued by the city through the building official which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.
Child care center (or day care center).
A commercial institution or place designed for the care or training of 12 or more unrelated children under 14 years of age for less than 24 hours a day.
Church, rectory or temple.
A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by state law). For the purposes of this chapter, Bible study and other similar activities which occur in a person's primary residence shall not apply to this definition.
City council.
The governing body of the City of Brady, Texas.
City.
City of Brady, Texas.
Civic center.
A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a municipality.
Cleaning plant (commercial/wholesale).
An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.
Cleaning shop or laundry (small shop, pick-up and self service).
A custom cleaning shop not exceeding 2,500 square feet of floor area and may include customer self-service laundry and cleaning.
College or university.
An academic institution of higher learning, accredited or recognized by the state and covering a program or series of programs of academic study.
Commercial amusement (indoor).
See amusement, commercial (indoor).
Commercial amusement (outdoor).
See amusement, commercial (outdoor).
Communications operations (commercial).
The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.
Communications operations (non-commercial/amateur).
The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.
Community center (public).
A building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.
Community home.
A place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the Texas Department of Mental Health and Mental Retardation (also see chapter 123 of the Texas Human Resources Code).
Comprehensive master plan.
Document adopted by the city that consists of graphic and textual policies which govern the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city. Also termed general plan.
Concrete or asphalt batching plant (permanent).
A permanent manufacturing facility for the production of concrete or asphalt.
Concrete or asphalt batching plant (temporary).
A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.
Continuing care retirement community.
A housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.
Contractor's shop with outside storage yard.
A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.
Convenience store with (or without) gasoline sales.
Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries (and possibly gasoline, if pumps are provided). Does not include or offer any automobile repair services.
Copy shop or printing.
An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.
Country club (private).
A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.
Court.
An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.
Coverage.
The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs but not including driveways, parking areas or other paved areas.
Custom personal service shop.
Tailor, dressmaker, shoe shop, barber shop, beauty shop or similar shop offering custom service.
Day camp for children.
A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.
Density.
The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.
Detached.
Having no physical connection above the top of the floor line of the first floor with any other building or structure.
Distribution center.
Building or facility used for the storage and distribution of wholesale items/products.
Drapery or furniture upholstering shop.
An establishment for the production, display and sale of draperies and soft coverings for furniture.
Dwelling, single-family attached (townhouse).
See "single-family dwelling (attached)."
Dwelling.
Any building or portion thereof, which is designed or used as living quarters for one or more families.
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.
Educational facilities.
Public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children as the Head Start Program.
Electrical substation (high voltage bulk power).
A subsidiary station in which electric current is transformed.
Enclosed building.
A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.
Fairgrounds or exhibition area.
An area or space either outside or within a building for the display of topic-specific goods or information.
Family home (child care in place of residence).
A facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to chapter 42 of the Human Resources Code of the state, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.
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.
Farm, ranch, garden, crops or orchard.
An area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
Feed and grain store.
An establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.
Fire, police or municipal building.
Any public service building of the municipal government including a library or city hall, but excluding storage yards, utility shops and equipment centers.
Floodplain.
An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM (flood insurance rate map) of the City of Brady.
Floor area ratio (FAR).
The floor area of a main building or buildings on a lot, divided by the lot area (see Illustration 1, section 14.02.183).
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.
Florist shop.
An establishment for the display and retail sale of flowers, small plants and accessories.
Food processing.
A manufacturing or light industrial use that primarily deals with the processing and packaging of food (such as dairy or grain) products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products (e.g., bread and baked goods, dairy products such as cheese, etc.) created and packaged on the premises may be allowed as an accessory use.
Food store.
A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use.
Franchised private utility (not listed).
A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Brady.
Fraternal organization, lodge, civic club, or union.
An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.
Front yard.
See "yard, front."
Funeral home or mortuary.
A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
Furniture store (new and used).
Same as above except sales may include used items.
Furniture, home furnishings or appliance stores.
This group includes retail stores selling new goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.
Garage, private.
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/accessory dwelling.
A residential dwelling unit attached to or over a garage but not attached to the main residential structure.
Garden shop.
A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.
Gasoline service or filling station.
See "automotive gasoline or motor fuel service station."
General commercial plant.
Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.
General manufacturing.
See "industrial, manufacturing."
General retail stores.
This major group includes retail stores which sell a number of lines of primarily new merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (also see "retail shop").
Golf course.
An area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.
Group day-care home.
A facility that provides care for seven to 12 children under 14 years of age less than 24 hours a day.
Gymnastic or dance studio.
A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.
Hauling or storage company.
See "motor freight company."
Heavy load vehicle.
A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 15,000 pounds (including trailers), 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.
Heavy machinery sales and storage.
A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.
Heliport.
An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.
Helistop.
The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.
Home for aged, residence.
A home where elderly people are provided with lodging and meals without nursing care being a primary function.
Home occupation.
An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes (see section 14.02.127).
Hospital (acute care).
An institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.
Hospital (chronic care).
An institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.
Household appliance service and repair.
The maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.
Household care facility.
A dwelling unit which 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; 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 art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and art. 1011n (Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they presently exist or may be amended in the future.
Household care institution.
A facility which provides residence and care to 10 or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.
Incidental or accessory retail and service uses.
Any use different from the primary use but which compliments and/or supplements the primary use (for example, a sundries shop that serves tenants of an office building or hospital). Incidental shall mean an area which constitutes not more than 15% of the main use.
Industrial, manufacturing.
Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.
Industrialized home or modular home.
A structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (article 5221f V.A.C.S.); nor does it include building modules incorporating concrete or masonry as the primary structural component.
Institution for alcoholic, narcotic or psychiatric patients.
An institution offering outpatient treatment to alcoholic, narcotic or psychiatric patients.
Kennels (indoor pens).
An establishment with indoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.
Kennels (outdoor pens).
An establishment with outdoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.
Kindergarten or nursery school (private).
An establishment where more than three children are housed for care and/or training during the day or portion thereof.
Kiosk.
A small, freestanding, one-story accessory structure having a maximum floor area of 100 square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 50 square feet.
Kitchen, residential.
Generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this chapter, generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a "kitchenette" which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).
Laboratory equipment manufacturing.
A facility that makes or produces equipment or products used for research or testing.
Laboratory, scientific or research.
An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see "medical facilities medical laboratory").
Landscaping.
Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.
Laundromat (or self-serve washateria).
A facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.
Light load vehicle.
A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 15,000 pounds and having no more than two axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.
Light manufacturing or industrial use.
Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.
Loading space.
An off-street space or berth used for the delivery and loading/unloading of vehicles.
Local utility line.
The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad- and pole-mounted transformers.
Lot area.
The total area, measured on a horizontal plane, included within lot lines.
Lot depth.
The mean horizontal distance between the front and rear lot lines. (See Illustration 7).
Lot frontage.
That dimension of a lot or portion of a lot abutting onto 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 which has a boundary line which 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. (See Illustration 6, section 14.02.183.)
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. (See Illustration 8, section 14.02.183.)
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 which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of McCulloch County.
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 which is closest to the front lot line. (See Illustration 6, section 14.02.183.)
Lot, corner.
A lot which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135°. (See Illustration 9).
Lot, double frontage.
A lot having frontage upon two non-intersecting streets, as distinguished from a corner lot. (See Illustration 5, section 14.02.183).
Lot, flag.
A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than 35 feet. Flag, or panhandle, lots are typically discouraged.
Lot, interior.
A lot other than a corner lot.
Lot, key.
A corner lot whose exterior side is adjacent to the front yard of another lot.
Lot.
A platted (as specified in chapter 212 of the Texas Local Government Code) parcel of land that is occupied or intended to be occupied by one main building (or a group of main buildings) and any accessory building(s), which includes such parking, landscaping and open space as are required by this chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street. (See Illustrations 6, 7 and 8, section 14.02.183).
Main building.
The building or buildings on a lot which are occupied by the primary use.
Manufactured home display or sales (new).
The offering for sale, storage, or display of new manufactured housing units (e.g., mobile homes/trailers, HUD-code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
Manufactured home display or sales (used).
The offering for sale, storage, or display of previously owned (i.e., used), movable manufactured housing units (e.g., mobile homes/trailers, HUD-code homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
Manufactured housing.
Any one of three types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (article 5221f and 5221f-1, V.A.C.S.). For the purpose of this chapter, there are three types of manufactured homes:
(1) 
Mobile home. 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 yearround living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.
(2) 
Hud-code manufactured home. 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.
(3) 
Industrialized home (also called modular prefabricated structure or modular home). A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, 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 fixed 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 mobile homes or HUD-code manufactured homes as defined in the Texas Manufactured Housing Standards Act (article 5221f, V.A.C.S.). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.
Masonry construction.
That form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick veneer, exterior plasters (including stucco), or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar.
Mausoleum.
Property used for the interring of the dead and where bodies are interred above ground in staked vaults.
Medical facilities.
(1) 
Medical clinic or office. A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.
(2) 
Dental office or doctors office. Same as medical clinic.
(3) 
Hospital. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
(4) 
Massage establishment. 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.
(5) 
Public health center. A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.
(6) 
Sanitarium. An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.
(7) 
Surgical out-patient facility. An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.
(8) 
Medical laboratory. An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.
Mini-warehouse or self storage.
Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.
Minor medical emergency clinic.
See "medical clinic or office."
Mobile home park (also trailer park or RV park)
See "trailer park or RV park."
Mobile home space.
A plot of ground within a mobile home park, trailer park, RV park, or mobile home subdivision which is designed for the accommodation of one mobile home, trailer or RV unit on a permanent or long-term basis.
Mobile home subdivision or park.
A parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned mobile home units or HUD-code manufactured homes on platted lots which can be leased or purchased outright by the owners of the mobile home units. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
Model home.
A dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.
Motel or hotel.
A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.
Motor freight company.
A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.
Motor vehicle.
Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.
Motorcycle sales and repair.
The display, sale and/or servicing, including repair work, of motorcycles.
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 chapter, motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.
Multiple-family dwelling.
Three or more dwelling units on a single lot designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadriplex), as well as traditional apartments.
Municipal facility or use.
Any area, land, building, structure and/or facility which is owned, used, leased or operated by the City of Brady, Texas.
Nonconforming use.
A building, structure, or use of land lawfully occupied as of the effective date of this chapter or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.
Nursery.
An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.
Nursing, convalescent or rest home.
See "skilled nursing facility."
Occupancy.
The use or intended use of the land or buildings by proprietors or tenants.
Off-street parking incidental to main use.
Off-street parking spaces provided in accordance with the requirements of this chapter, located on the lot or tract occupied by the main use or within 150' of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.
Office center.
A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.
Office showroom.
An establishment with no more than 25% of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
Office warehouse.
An establishment with more than 25% of the total floor area devoted to storage and warehousing, but not generally accessible to the public.
Offices, professional and general business.
A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.
Officially approved place of access.
Access to a property, other than from a dedicated street, which is approved by the City of Brady.
Outside display.
Outside temporary display of finished goods that are specifically intended for retail sale but not displayed outside overnight.
Outside storage.
The permanent and/or continuous keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours. Also referred to as open storage.
Paint shop.
A commercial establishment where painting services are performed (but not automotive-related painting services, which would be included under "automobile repair, major").
Parcel.
Any unplatted tract of land, or any portion of an unplatted tract of land (also see "tract").
Park or playground (private).
See "private recreation facility."
Park or playground (public).
See "public recreation."
Parking lot or structure, commercial (auto).
An area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.
Parking lot.
An off-street (i.e., not on a public street or alley), ground level area, paved in accordance with City of Brady parking lot standards, for the short- or long-term storage of motor vehicles.
Parking space.
An off-street (i.e., not on a public street or alley) area, paved in accordance with C<?ity of Brady parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.
Patio home (zero-lot-line dwelling).
A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line.
Pawn shop.
An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with local, state and federal regulations.
Personal service shop or custom personal services.
Establishments less than 2,000 square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his apparel and including (but not limited to) barber/beauty shops, dressmaking, shoe shining and repair, dry-cleaning and laundry pick-up stations, tailor or seamstress services, and other similar types of uses (no outside storage).
Pet and animal grooming shop.
A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.
Petroleum distribution/storage/wholesale facility.
A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.
Planned development district.
Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.
Planning and zoning commission.
A board which is appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. Also referred to as the "commission."
Plat.
A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of Brady, and which is approved by the City of Brady and recorded in the plat records of McCulloch County.
Platted lot.
See "lot" and "lot of record."
Playfield or stadium (private).
An athletic field or stadium owned and operated by an agency other than the City of Brady or the school district.
Playfield or stadium (public).
An athletic field or stadium owned and operated by a public agency (e.g., City of Brady, Brady Independent School District, etc.) for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.
Portable building sales (outdoor display).
An establishment which displays and sells structures capable of being carried and transported to another location, but not including mobile homes.
Premises.
Land together with any buildings or structures situated thereon.
Primary use.
The principal or predominant use of any lot or building.
Principal building.
See "main building."
Private club.
An establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of title 3, chapter 32, Vernon's Texas Codes Annotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
Private recreation facility or private park.
A recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.
Produce stand.
A seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.
Professional service.
Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.
Propane sales.
Retail sales of gaseous substances commonly used for household purposes such as propane and/or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.
Public agency building, shop, yard or facility.
Any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: the State of Texas, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the City of Brady is defined as "municipal facility or use."
Public recreation.
Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Brady' Code of Ordinances.
Public view.
Areas that can be seen from any public street.
Radio, television or microwave tower.
See antenna, microwave reflector and antenna support structure (see also section 14.02.124(g)).
Rear yard.
See "yard, rear."
Recreation center.
A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
Recreational vehicle (RV) park.
An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also "mobile home park.")
Recreational vehicle (RV).
A self-propelled (i.e., motorized), mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence. An RV may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also "heavy load vehicle.")
Recreational vehicle/camper sales and leasing.
An establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.
Recycling kiosk.
A small uninhabited structure (120 square feet maximum) or temporary container (e.g., "igloo" or dumpster-type container) which provides a self-service location for the depositing of recyclable materials such as aluminum cans (e.g., "can banks"), glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers.
Rehabilitation care facility (halfway house).
A dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.
Rehabilitation care institution.
A facility which provides residence and care to 10 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.
Residence hotels.
A multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this chapter.
Residence.
Same as a dwelling; also, when used with district, an area of residential regulations.
Residential district.
A zoning district where the primary purpose is residential use.
Restaurant or cafeteria (with drive-through service).
An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window(s).
Restaurant or cafeteria (with no drive-through service).
An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.
Restaurant or eating place (drive-in service).
An eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
Retail or service, incidental.
The rendering of incidental retailing or services incidental to the primary use. In the office district, for example, such uses may include a barber/beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than 15% of the main use.
Retail shop (for apparel, gifts, accessories and similar items).
An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Also see "general retail stores.")
Retirement housing for the elderly (also independent living center or congregate housing).
A development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of 80% of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.
Room.
A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.
Rooming house.
See "boarding house."
Salvage or reclamation of products (also see wrecking yard).
The reclamation and storage of used products or materials.
Sand, gravel or stone extraction and/or storage.
The process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.
School, business.
A for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.
School, commercial trade.
A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.
School, private (primary or secondary).
A school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.
School, public or parochial.
A school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.
Scientific and industrial research laboratories.
Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.
Screened.
Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.
Seasonal uses.
Seasonal uses include the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year.
Servant's quarters or guest house.
An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center as those terms may be defined.
Shipping or cargo or storage container.
Generally, an all steel container with strength to withstand shipment, storage and handling. Such containers include reusable steel boxes, freight containers and bulk shipping containers; originally a standardized reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles or goods or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded on a ship.
Shopping center.
A group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.
Side yard.
See "yard, side."
Single-family dwelling, attached (townhouse).
A dwelling which is joined to another dwelling at one or more sides by a party (i.e., shared) wall, which is designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.
Single-family dwelling, detached.
A dwelling designed and constructed as a freestanding structure for occupancy by one family, and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.
Skilled nursing facility (also termed nursing home, convalescent home or long-term care facility).
A residence providing primarily inpatient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.
Small engine repair shop.
Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.
Special use permit.
A permit that allows, upon request and approval by the building official, use of cargo/shipping containers that do not meet the requirements outlined in this chapter.
Stable, commercial.
A stable used for the rental of stall space or for the sale or rental of horses or mules.
Stable, private.
An area used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.
Storage or wholesale warehouse.
A building used primarily for the storage of goods and materials.
Story, half.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than 3' above the top floor level, and in which space not more than 2/3 of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.
Story.
That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story shall be defined as 12'. The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories (i.e., height) of a building shall be measured from point representing the average slope from front to back (or side to side) of the building.
Street intersection.
Any street which joins another street at an angle, whether or not it crosses the other.
Street yard.
The area between the building front line and the front property (i.e., right-of-way) line.
Street.
Any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than 60'.
Structural alterations.
Any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure.
Anything constructed or 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 for radio and television.
A building or portion of a building used as a place for radio or television broadcasting.
Studio, health/reducing/fitness.
Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.
Studio, tattoo or body piercing.
A building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.
Swimming instruction as a home occupation.
The teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a specific use provision which may specify operating conditions and standards and which may limit the number of students and operating times.
Swimming pool, commercial.
A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.
Swimming pool, private.
A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with the City of Brady Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.
Telemarketing center.
An establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.
Telephone and exchange, switching/relay or transmitting station.
A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.
Temporary building.
Any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.
Temporary field office or construction yard or office.
A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the building official and shall be subject to review and renewal for reasonable cause.
Temporary.
Used or lasting for only a limited period of time; not permanent.
Tennis court, private.
A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the specific use provision.
Theater or playhouse (indoor).
A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.
Theater, drive-in (outdoor).
An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
Tire dealer, no open storage.
A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.
Tire dealer, with open storage.
A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.
Tool and machinery rental shop.
A building or a portion of a building used for the display and rental of tools, machinery and instruments.
Tract.
A single individual parcel or lot.
Tractor sales.
See "heavy machinery sales and storage."
Trade and commercial schools.
See "school, commercial trade."
Trailer home.
See "manufactured housing, mobile home."
Trailer or mobile home space.
See "mobile home space."
Trailer park or RV park.
A parcel of land which is designed, improved, or intended to be used for short-term occupancy (if less than one month) by motor homes/trailers and/or recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
Trailer rental.
The display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.
Trailer, hauling.
A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.
Trailer, travel or camping.
A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.
Transportation and utility structures/facilities.
Permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.
Truck and bus leasing.
The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.
Truck and bus repair.
An establishment providing major and minor automotive repair services to heavy load vehicles.
Truck sales (heavy trucks).
The display, sale or rental of new or used heavy load vehicles in operable condition.
Truck stop.
A facility for the parking, refueling and/or minor repair of heavy load tractor- trailer trucks. These facilities may also include retail sales of food and/or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.
Truck terminal.
An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.
Truck.
A light or heavy load vehicle (see definitions for "light load vehicle" and "heavy load vehicle").
Two-family dwelling (duplex).
Two attached dwellings in one structure, each designed to be occupied by one family.
Usable open space.
An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding 10%, shall have no dimension of less than 10', and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains.
Use.
The purpose for which land or buildings are or may be occupied in a zoning district.
Utility distribution/transmission lines.
Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the city or private utility company.
Variance.
An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the zoning board of adjustment of the City of Brady can grant a variance.
Veterinarian clinic.
An establishment where animals and pets are admitted for examination and medical treatment (also see "kennels").
Wrecking yard (junkyard or auto salvage).
Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.
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. (See Illustrations 6 and 8).
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. (See Illustration 8).
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. (See Illustration 8).
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 chapter 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. Also termed building setback. (See Illustration 8, section 14.02.183.)
Zero-lot-line dwelling.
See "patio home."
Zoning board of adjustment.
A board which is appointed by the city council, and which is authorized to make special exceptions to the zoning ordinance (i.e., variances), and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. Also referred to as the "ZBA."
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. (See section 14.02.003, "zoning district map" and section 14.02.004, "zoning district boundaries").
Zoning district.
A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.
Zoo (private).
A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.
Zoo (public).
A publicly owned zoo or similar facility owned and operated by the city or a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.
(Ordinance 933 adopted 5/7/2003; Ordinance 1165 adopted 11/4/2014; Ordinance 1201 adopted 10/18/2016)