§ 24-9. Use of land and buildings.
(a)
Land and buildings in each of the zoning districts may be used for any of the listed uses but no land shall hereafter be used, and no building erected, altered or converted which is arranged or designed or used for other than those uses specified as permitted uses in the district in which it is located according to the following use schedule and in accordance with the provisions of the following sections of this chapter.
(b)
Schedule of uses.
□ Not permitted
■ Permitted
• Specific Use (see subsection (i) of this section)
(00) Number following use defined use in subsection (c) of this section.
ZONING DISTRICT Agriculture Single-Family Dwelling Single-Family Dwelling Two-Family Dwelling Multiple-Family Dwelling Retail Business Business Industrial Planned Development A SF-1 SF-2 2F MF R B-1 B-2 I PD TYPE OF USE PRIMARY RESIDENTIAL USES Single-family dwelling, detached • • Single-family dwelling, attached Two-family dwelling Multi-family dwelling Boarding or rooming house HUD-Code manufactured home park Hotel or motel ACCESSORY AND INCIDENTAL USES Accessory building, residential Community center, private Farm accessory building Guest house, detached Stable, private Swimming pool, private Temporary field or construction office Home occupation Tennis court, private • • Garage or yard sale UTILITY AND SERVICE USES Electric substation • • • • • • Electrical transmission line Fire station Gas line and regulating station Local utility line Radio, television or microwave tower • • • • • • • Commercial radio or television transmitting station Public or private utility shop and maintenance area • • Sewage pumping station Telephone exchange, switching and transmitting equipment Telephone or utility business office Water reservoir, pumping station or well EDUCATION, INSTITUTIONAL, SPECIAL USES Airport, heliport or landing field • • • • • • Cemetery or mausoleum • • • • • • • • • • Church or rectory Private school • • • • • Day nursery, day camp or kindergarten • • • • • Farm, ranch or orchard Hospital, general acute care • • Hospital, chronic care • • Library, art gallery or museum, public • • • • • Lodge or fraternal organization • Nursing home or residence home for aged • School, commercial trade or craft • School, public or denominational RECREATION, ENTERTAINMENT AND SOCIAL USES Commercial amusements, indoor • • • Commercial amusements, outdoor Golf course, public • • • • • • • • • Private club • • • • • • • • Park, playground, community center, public Theatre, indoor Theatre, drive-in SIGN AND IDENTIFICATION USES Advertising signs,
off-premisesAdvertising signs,
on-premisesAgricultural sign Apartment sign Construction sign Development sign General business sign Institutional sign Name plate Real estate sign OFFICE, FINANCIAL AND PROFESSIONAL USES Bank or savings and loan Clinic, medical or dental Laboratory, medical or dental Medical appliance, fitting and sales Mortuary or funeral home Office, general Optical shop Studio, art, music, ceramics drama, speech Studio, recording and broadcasting Letter and mimeograph shop PLANTS, PETS, ANIMALS AND RELATED USES Animal clinic or hosp., household pets, no outside run Animal clinic or hosp. with outside runs Animal pound, public or private • • Garden shop and plant sales, inside Plant nursery or greenhouse Feed store Stables, commercial Veterinarian office, no hospital Kennels with outside run Florist shop RETAIL SALES AND PERSONAL SERVICE USES Antique shop, enclosed Bakery or confection shop, retail Barber or beauty shop Book, camera or card shop Clothing and apparel store Cleaning and laundry pick-up station Discount, variety or department store Drug store Drapery, needlework or weaving shop Food store Furniture or appliance store Handicraft or hobby shop Key shop Laundry or dry cleaning, self service Health studio Paint, wallpaper or hardware Personal service shop Photography studio Shoe repair Restaurant without drive-in Restaurant with drive-in Secondhand store, furniture or clothing, inside only Pawn shop Quick service food or beverage shop Tool rental, inside only Tool and trailer rental, outside storage MOTOR VEHICLES AND RELATED SERVICE USES Auto laundry Auto glass, muffler, seat cover shop Auto parts and accessories, new Auto, motorcycle sales, new or used, indoor Auto, motorcycle sales, new or used, outdoor Auto repair garage Auto painting and body shop Gasoline, service station, car care center Auto storage or sales lot Mobile home sales Truck parking lot or garage STORAGE, PROCESSING AND COMMERCIAL USES Bus station Bakery and confectionery, bottling works, wholesale Building material sales Dry cleaning or laundry, commercial Radio, television, appliance repair • Furniture repair and upholstery Cabinet shop Engine or motor repair Machinery sales, service Machine or welding shop Job printing, lithographer or printing plant Motor freight terminal Lumber yard Newspaper and commercial printing Open storage, enclosed • Plumbing, heating, air conditioning shops Maintenance or contractor yard Warehouse and enclosed storage Light fabrication and assembly processes INDUSTRIAL AND MANUFACTURING USES Manufacturing processes Other manufacturing and industrial uses • (c)
Definitions and explanations applicable to use schedule. The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations set forth in the Schedule of Uses.
Accessory building (residential) means a subordinate building detached from the main building and used for purposes customarily incidental to the residential occupancy of the main building and not involving the conduct of a business or the sale of a service. Accessory buildings include, but are not limited to, an automobile storage garage, laundry room, garden shelter, hobby room and mechanical room.
Advertising sign means:
(1)
On-premise sign. A sign identifying or advertising a business, person or activity and installed and maintained on the same premises as the business, person or activity.
(2)
Off-premise sign. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not primarily located or manufactured or sold on the premises on which the sign is located.
Agricultural sign means an accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.
Apartment sign means an accessory sign for the identification of an apartment building or complex of apartment buildings.
Boarding or rooming house means a building, other than a hotel or multiple-family dwelling, where lodging is provided for five (5) or more persons for compensation, where meals may or may not be served and where facilities for food preparation are not provided in individual rooms.
Building material sales means the sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which is oriented to the homeowner.
Church or rectory means a place of assembly and worship by a recognized religion including synagogues, temples, churches, instruction rooms and the place of residence for ministers, priests, rabbis, teachers and directors on the premises.
Clinic, medical or dental means facilities for examining, consulting with and treating patients including offices, laboratories and outpatient facilities, but not including hospital beds and rooms for acute or chronic care.
Club, private means a club room or suite of rooms or a building available to restricted membership for meetings, dining and entertainment. Such facilities may include a private tennis court, swimming pool or similar recreation facilities, none of which are available to the general public.
Commercial amusement (indoor) means an amusement enterprise wholly enclosed and operated within an acoustically treated building such as a bowling alley or pool hall.
Commercial amusement (outdoor) means any amusement enterprise offering entertainment to general public such as golf driving range, pitch and putt course, archery, miniature golf and similar outdoor activities, but not including go-cart racing, drag strips, auto racing or motorcycle racing.
Community center (private) means a building or group of rooms designed and used as an integral part of a residential project by the tenants of such a project for a place of meeting, recreation or social activity and under the management and unified control of the operators of the project. A private community center shall not be operated as a place of public meetings, or as a business, nor shall the operation of such facility create noise, odor or similar conditions perceptible beyond the bounding property line of the project site.
Construction sign means a temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located.
Day nursery, day camp or kindergarten school means an establishment where four (4) or more children are left for care or training during the day or portion thereof including a recreation area with or without a building where children engage in supervised training or recreation during daylight hours.
Development sign means promotional signs pertaining to the development of land or construction of buildings, erected on private property upon approval of the building inspector and subject to removal on order of the building inspector.
Eating place with drive-in or curb service means an establishment offering food for sale to customers in automobiles and parking space is provided on premise for consumption of food in automobiles.
Eating place without drive-in or curb service means any eating establishment, cafeteria, restaurant or inn where food service is offered to customers not in automobiles.
Farm accessory building means an accessory structure on a tract qualifying as a farm as herein defined for storing or housing the usual projects and animals raised or maintained on a farm, such as a barn, poultry house, stable, machinery shed or granary. No structure housing animals or poultry shall be located nearer than one hundred (100) feet to the bounding property lines of the farm tract.
Farm, ranch, garden or orchard means an area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and 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.
Garage and yard sale.
(1)
Tenants may offer their personal belongings and household effects (not to include new taxable retail items) for sale to the general public;
(2)
Garage and yard sales may be conducted for a maximum of three (3) consecutive days;
(3)
No more than one (1) sale may be conducted within any ninety-day period, for a maximum of two (2) sales within any one-year period; and
(4)
Garage or yard sale signs shall be subject to the requirements of section 15.5-18(g) of this Code.
General business sign means an accessory sign or graphic device which advertises only commodities or service offered on the premises where such signs are located and where such sign is not of the billboard, poster panel or painted bulletin type, but is a sign designed specifically for the location.
Golf course means a golf course owned or controlled by a public agency such as the municipal park department and operated for the benefit of the public.
Guest house (detached) means a secondary structure on a lot or tract containing dwelling accommodations, but excluding kitchen facilities and separate utility services or meters and intended for the temporary occupancy by guests and not for rent or permanent occupancy.
Home occupation means an occupation customarily carried on in the home by a member of the occupant's family, being incidental to the primary occupancy of the home as a dwelling, without the offering, display or advertising of any commodity or service for sale on the premises, without the employment of any persons other than a member of the immediate family, without the use of any sign, lighting or display, without the use of other than normal domestic or household equipment or appliances, and the conduct of which does not generate noise, odor, fumes, vibration or any other condition visible, obnoxious or detrimental to abutting or adjacent properties.
Hospital (chronic care) means an institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.
Hospital (general acute care) means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.
HUD-Code manufactured home park means a tract or parcel of land used to accommodate HUD-Code manufactured home units and accessory structures as a semi-permanent place of residence.
Institutional sign means name plates and bulletin boards and accessory signs for identity of schools and churches, hospitals and similar public or quasi-public institutions.
Library, art gallery or museum (public) means any institution for the loan or display of books, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.
Light fabrication and assembly processes includes, but is not limited to, the manufacture of jewelry, trimming decorations, signs and any similar item not involving the generation of noise, odor, vibration, dust or hazard.
Local utility line means the usual electric power, telephone, gas, water, sewer, and drainage lines designed and constructed by the municipality or a franchised utility company to serve a community with urban type services.
Manufacturing processes means uses restricted from other zoning districts, but permitted in the I district under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.
Motel or hotel means a building or group of buildings designed for and occupied as a temporary abiding place of individuals and providing twenty (20) or more room units with customary hotel services such as linen, maid service, telephone and upkeep of furniture.
Multiple-family dwelling means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.
Name plate means an accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed.
Nursing home or residence home for aged means a place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.
Other manufacturing and industrial use means uses which do not meet the general definition for manufacturing processes, but may be permitted by the city council after public hearing and review of the operational characteristics and other pertinent data affecting the community's general welfare. Approval of uses under this definition shall be made in accordance with subsections (i)—(n) of this section, specific use permits.
Plant nursery or greenhouse means retail or wholesale sales of plant materials and supplies either enclosed in a building, lath house, or in the open and with related storage of equipment for landscape contracting.
Private school means an academic institution other than a public or parochial elementary or secondary school, including private elementary and secondary schools and institutions of higher learning.
Public or private utility shop or maintenance means material storage shop buildings, maintenance area or similar related use area for either a public or private utility company.
Quick-service food or beverage shop means an establishment offering food or beverage to customers either through an automobile pickup window or a walk-up window, and with eating space provided within the building.
Radio, T.V. and appliance repair means a shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items where all such items are stored within a building.
Radio, television or microwave towers means structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.
Real estate sign means a temporary accessory sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.
School, commercial trade or craft means a business operating for profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.
School, public or denominational means a school and customary accessory uses under the sponsorship of a public or religious agency having a curriculum generally equivalent to public, elementary or secondary schools, but not including private, trade or commercial schools.
Secondhand store, furniture or clothing means an establishment offering for sale used merchandise with the storage and display of such items wholly located inside a building or structure.
Single-family dwelling (attached) means a building located on a platted lot or separate building site which is designed for and occupied by not more than one (1) family and which is attached by one (1) or more common wall(s) to another similar single-family dwelling unit. An attached dwelling shall be designed to permit separation from an adjoining dwelling in the event either dwelling is caused to be removed.
Single-family dwelling (detached) means a detached building located on a platted lot or separate building site which is designed for and occupied by not more than one (1) family.
Stable (private) means an accessory building set back from adjacent property lines a minimum distance of one hundred (100) feet and used for quartering horses, not to exceed one (1) horse per half acre of the area of a farm or lot.
Stable, commercial means a structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including a sales barn, auction or similar trading activity.
Studio: Art, music, ceramics, drama, speech, dance and similar skills means a building or rooms in a building used for the instructing, coaching or counseling in drama, speech, dance or similar personal skills or arts.
Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, they shall not be located closer than five (5) feet to any property line.
Telephone exchange, switching and transmitting equipment only means a switching or transmitting station owned by a public utility, but not including business office facilities, storage or repair shops or yards.
Temporary field or construction office means temporary office buildings and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for a specified period of time in accordance with a permit issued by the building official.
Two-family dwelling means a single detached building located on a platted lot or building site designed for and occupied by not more than two (2) families.
(d)
New and unlisted uses. Classification of land uses either new or not similar to those listed in the schedule of uses, can be expected in the administration of this chapter. The following procedure is hereby set forth to be followed when determining the appropriate classification of any new or unlisted land use:
(1)
All questions concerning the classification of new or unlisted uses shall be referred to the planning and zoning commission by the building official for an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, nature and time of occupancy or operation of the premises, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the requirements for public utilities such as sanitary sewer and water.
(2)
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.
(3)
The planning and zoning commission shall transmit its findings and recommendation as to the classification of any new or unlisted use to the city council who may by resolution approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as it determines appropriate.
(4)
A revised use list including all additions made to the uses permitted in the several zoning classifications shall be published periodically.
(e)
Planned development district. A planned development district may be approved by the city council for a site of three (3) acres or more for any use, or combination of uses as indicated for the PD district in the use schedule, and in accordance with the following procedure:
(1)
An application for establishing a planned development district shall be made to the city council in the same manner that an application for any amendment is made to the zoning ordinance.
(2)
A site plan of the development shall be required and accompany an application for a PD district. The site plan approved by the city council shall be filed as part of the amending planned development ordinance prior to the issuance of any building permit.
(3)
The site plan for a planned development district shall show, when applicable, those features of the development set forth in subsection (f) of this section.
(f)
Planned development guidelines and standards. The site plan for the planned development shall be a scale drawing or drawings indicating the intent of the development. The plan shall show, when applicable, the following:
(1)
An accurate survey of the boundary of the tract with topography at not less than a five-foot contour interval and any major physical features, such as tree masses and buildings.
(2)
A land use plan delineating specific use areas when multiple types of land use are proposed.
(3)
Proposed location and width of public streets and alleys, private streets, ingress and egress to the site, off-street parking plan and parking ratio, off-street loading, and any proposed residential platting with minimum standards for lot area, width, depth, coverage and yard areas proposed.
(4)
Location of buildings, other than single-family use showing minimum distance between buildings, minimum distance between buildings and property lines, building height, lot coverage and area, and floor area ratio.
(5)
Designation of any proposed public open spaces, private open space area and proposed utilization of open space.
(6)
Proposed screening walls, fences, and other protective proposals to adjacent properties or within the planned development.
(7)
A landscape plan may be required.
(8)
Additional data may be requested by the planning commission or city council if deemed necessary to fully evaluate a planned development application and may include data pertaining to utility services, drainage and the anticipated development schedule.
(g)
The amending planned development ordinance and site plan shall be referenced on the zoning district map. Changes in the site plan shall be considered the same as changes in the zoning district map and shall be processed as set forth in section 24-23, amendments; however, changes in details on the site plan which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height of building, coverage of site, or do not decrease off-street parking ratio, or yards provided at boundaries of site as indicated on the approved site plan may be altered as an administrative change without an amendment by the planning and zoning commission. An appeal to the city council may be made by any applicant concerning the decision of the planning and zoning commission as to whether amendment to the planned development district ordinance shall be required.
(h)
Every planned development district approved under the provisions of this chapter shall be considered as an amendment to the ordinance as applicable to the property involved. In the zoning administration of a planned development district, the development conditions imposed by the amending ordinance and accompanying site plan shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the planned development and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the issuance of a certificate of occupancy as required by this chapter.
(i)
Specific use permits. The city council may, after public hearing and recommendation by the planning and zoning commission as set forth in section 24-22, amendments, authorize the issuance of a specific use permit for uses indicated by " •" in the use schedule.
The designation of a specific use permit as indicated in the schedule of uses does not constitute an authorization or an assurance that such use will be permitted in the district indicated.
Each specific use application shall be evaluated with regard to its probable effect on surrounding property and the community welfare, and may be approved or denied as determined by the findings of the planning and zoning commission, and city council for the parcel under consideration.
(j)
In considering and determining its recommendation to the city council relative to any application for a specific use permit, the planning and zoning commission requires that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.
(k)
The planning and zoning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangement, location or construction of buildings and uses and operation be required.
(l)
The city council may in the interest of the public welfare and to assure compliance with the intent of this chapter, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole be made a part of the amending ordinance.
(m)
A site plan setting forth the conditions specified is required of the applicant and such plan when accepted shall be made part of the amending ordinance.
(n)
A specific use permit approved under the provisions of this chapter shall be considered as an amendment to the zoning ordinance as applicable to the property involved. Any of the conditions contained in a specific use permit shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be considered as conditions precedent to the granting of a certificate of occupancy and compliance for the specific use provided for. Should a specific use permit holder fail to comply with the special provision or the use be abandoned or vacated for six (6) consecutive months, the permit becomes void and a new permit must be issued before the use can continue.
(o)
A special use permit for a single-family residence in a B-1 or B-2 district shall meet all of the requirements for lot area, setbacks, side-yard and rear-yard as required in the SF-1 district.
(p)
Relationship of use regulations to other laws. Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state of federal pollution control or environmental protection law or regulation.
(q)
Floodplain prefix to zoning district. Portions of various districts on the zoning district map have a "FP" prefix and are separately identified designating those areas which are subject to periodic inundation and presenting a flood hazard to normal utilization of the land for uses listed under the district to which the prefix is attached.
To promote the health, safety and general welfare of the community, land areas designated with the floodplain prefix shall be governed by the following provisions:
(1)
Permitted uses in portions of districts designated by the "FP," floodplain prefix shall be limited to the following:
a.
Agricultural activities, but excluding construction of barns or other out buildings.
b.
Off-street parking incidental to any adjacent main use.
c.
Public or private utility lines.
d.
Parks, playgrounds, golf courses, and private open space area as part of a planned development district or community unit development.
e.
Structures, installations and facilities installed, operated and maintained by public agencies for flood control purposes.
f.
Bridle trail, bicycle or nature trail.
(r)
A permanent building or structure shall not be erected in that portion of a district designated with a floodplain "FP" prefix until such structure has been approved by the city council upon recommendation by the city's engineer that such structure or building would not constitute an encroachment hazard or obstacle to the movement of flood waters and that such construction would not endanger the public health and welfare or value and safety of the property.
(s)
An area may be removed from the floodplain prefix designation, when by the provision of drainage works, grading, flood protection or specific drainage study, it has been determined by the city's engineer that the flood hazard has been alleviated. Based upon the recommendations of the city's engineer, the city council by resolution may remove, alter or change the floodplain boundary on the zoning district map for any district.
(t)
The fact that land or property is or is not within a district having a floodplain prefix shall not constitute assurance that such land or property is not subject to local flooding and the designation of the floodplain prefix in this chapter shall not be so interpreted.
(u)
HUD-Code manufactured home development standards. Procedures, standards and other requirements for establishing an HUD-Code manufactured home park are set forth in section 24-24.
(Ord. of 2-16-81, § 9; Ord. No. 10-05, §§ IV(C), V(A)—(D), 6-14-10; Ord. No. 10-07, §§ I, II, 9-13-10; Ord. No. 10-12, §§ 1, 2, 10-8-12)