§ 3.3. Uses definitions.
For purposes of this ordinance, the following use terms or words shall be used in interpretation of the purpose and intent:
1.
Apartment: See Dwelling, multiple-family .
2.
Reserved.
3.
Auto repair facility: A facility where repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles is conducted within an enclosed building, structure or improvement.
3.5.
Banks and financial institution: An establishment open to the public for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This definition excludes pawnshops, check cashing businesses, payday advance/loan businesses, money transfer businesses and car title loan businesses.
4.
Bed and breakfast inn:
a.
A facility which provides shortterm overnight lodging and breakfast in a homelike atmosphere and charges a single fee for same.
b.
The facility may host other special events.
c.
Meals are served to overnight and special event groups only.
d.
No food preparation facilities shall be allowed in guestrooms.
e.
The facility shall have one full bathroom for each four guestrooms but not less than two full bathrooms.
f.
A full bath is defined as containing a tub and/or shower, commode, and lavatory.
g.
When the facility is operated within a single-family or multifamily zoning classification, outdoor advertising indicating the permitted use of the property is limited to one sign no larger than two square feet.
5.
Bed and breakfast only:
a.
A facility which provides shortterm overnight lodging and breakfast in a homelike atmosphere and charges a single fee for same.
b.
Breakfast is served to overnight guests only.
c.
No other meals shall be served or provided.
d.
No food preparation facilities shall be allowed in the rooms.
e.
The facility shall have one full bath for each four guestrooms.
f.
A full bath is defined as containing a tub and/or shower, commode, and lavatory.
g.
When the facility is operated within a single-family or multifamily zoning classification outdoor advertising indicating the permitted use of the property is limited to one sign no larger than two square feet.
h.
Gift shops are not permitted.
6.
Boardinghouse: See section 15.2.
7.
Business service establishment: Shall mean establishments providing supplies and services to business and professions and shall include copy service, blueprinting service, typing service, telephone answering service, office supply and stationery stores, delivery and messenger services, advertising agencies, direct mail service, detective agencies, employment agencies, collection agencies, and any other establishments offering goods or services of a similar nature, but not including establishments of research or light industrial nature.
8.
Clinics: A medical office or group of offices, used for the care, diagnosis and treatment of sick, infirmed and injured persons, and those in need of medical or surgical attention, but not involving overnight care on the premises. Clinics may include accessory facilities for retail sales of pharmaceuticals, and medical, optical or dental supplies.
9.
Compound use: The use of any lot or building for both a residential and professional offices and studio or commercial business uses. Either one may be the principal use.
10.
Contractor shops and yards: Shall mean stores, fabrication and repair shops and yards for cabinetmakers and carpenters, electrical contractors, electric sign contractors, glaziers, heating and sheetmetal contractors, linoleum and carpet contractors, painters, plumbers, roofers, tent and awning contractors, upholsterers, oil field service contractors, heavy equipment contractors, and any other concern of a similar nature, but not including concrete mixing or asphalt plants.
11.
Dance or night club: Any building or structure used for the primary purpose of dancing and/or preparation and service of food and/or drink. This meaning shall also include dancehalls.
11.5.
Distillery: Shall mean an establishment or facility where alcoholic spirits are created and or manufactured.
12.
Dry good stores: Shall mean establishments selling clothing, linens, blankets, yardage and notions and shall include: shoe repair stores, gift stores, notions stores, luggage stores, tailor shops, yardage stores, shoe stores, clothing stores, and other stores of a similar nature, but excluding variety stores, and department stores.
13.
Dwelling unit: A "dwelling unit" consists of one or more rooms which are arranged, designed or used as living quarters, including permanently installed individual bathrooms and one complete kitchen facility per family.
a.
Dwelling, single-family attached: A structure designed as one dwelling unit at ground space and intending to be occupied exclusively by one family and structurally connected by common walls or with separation of not more than one inch from at least one or more other dwelling units.
b.
Dwelling, single-family detached: A structure designed as one dwelling unit and intended to be occupied exclusively by one family and structurally connected to no other dwelling unit.
c.
Dwelling, multiple-family: A structure designed with more than one dwelling unit with accommodations for each dwelling unit independent of each other and intended to be occupied by more than one family.
14.
Eating establishments: Shall mean establishments where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises, and shall include: restaurants, cafes, coffeeshops, donut shops, ice cream parlors, soda fountains, hamburger and hot dog stands, sandwich shops, delicatessens, cafeterias, and other stores of similar nature. The term eating establishment shall not include a drive-in restaurant unless so stated.
a.
Restaurants, conventional: Counter stools, consisting of tables and/or booths, with the number of counter stools not exceeding the number of tables and/or booths seats; with all service indoors; and providing no service to persons in vehicles, or at walkup windows and shall include restaurants, cafeterias and other stores of a similar nature.
b.
Restaurants, in and out service: Specializing in short-order foods and beverages including the preparation of food to be taken out and consumed off the premises; may be a total counter stool operation or with any combination of counter stools and/or tables or booths; and no service provided to persons in vehicles. Establishments dispensing food from service windows for consumption either on the premises or off the premises are classified as "in and out service." Such establishments shall include cafes, coffeeshops, donut shops, ice cream parlors, soda fountains, delicatessens, and other establishments of a similar nature.
c.
Restaurants, drive-ins: Any restaurant serving food and/or beverages to persons in their vehicle for consumption on the premises.
15.
Financial institutions: Shall mean establishments and offices offering financial services or counsel and shall include full service banks, saving and loan institutions, stockbrokers offices, banking companies, finance company offices, credit union offices, and any other institutions of a similar nature.
16.
Food stores: Shall mean establishments selling food and/or drink products for consumption off the premises and shall include: convenience grocery stores, fruit and vegetable stores, bakeries, retail (limited preparation of products for on-premises sales), meat and fish stores, dairy product stores, butcher shops, candy stores, liquor and/or wine stores, and other stores of a similar nature but excluding supermarkets unless so stated.
17.
Furniture and appliance stores: Shall mean stores selling new or used furniture or appliances and providing incidental service and maintenance and shall include new and used furniture stores, appliance stores, antique dealers, carpet and linoleum dealers, and other establishments of a similar nature.
18.
Garage, public: A building or other structure which provides parking or storage for motor vehicles, but not for commercial nor public utility vehicles or the dead storage of motor vehicles and some or all of which parking spaces are nonaccessory. A public parking garage may include accessory off-street parking spaces limited to such spaces which are accessory to other uses on the same lot.
19.
Household and family service establishments: Shall mean a store or shop providing for the selling, repairing and/or maintenance of articles of normal home or family use and shall include: cleaning and drying establishments, coin-operated laundries, lawn mower and saw sharpening, fix-it shops, smaller home appliance stores and repair shops, sewing machine stores, hardware stores, camera and photo supply stores, pet stores excluding veterinarian services, art stores, music stores, pawnshops, florist and any other shops of a similar nature; provided, however, that establishments for the selling, repairing and/or maintenance of vehicles or tires shall not be deemed to be household and family service establishments.
19.5.
Indoor gun range: means an indoor facility that is specially designed for the safe discharge of firearms (where the shooting and any projectile are intended to remain indoors), including target, silhouette, skeet, trap, black powder, or similar recreational and or professional shooting.
20.
Industrialized building: A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.
21.
Industrialized housing: A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (1) housing constructed of sectional or panelized systems not utilizing modular components; or (2) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
22.
Junkyard: An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires, bottles, used appliances, and inoperative vehicles.
23.
Living unit: Shall have the same meaning as "dwelling unit."
24.
Lodge: A private room designed or occupied for purposes of sleeping and not as a kitchen, bathroom, living room, dining room, den, hallway, utility room, foyer, closet, garage, patio, or breezeway.
25.
Manufactured housing: A dwelling unit suitable for yearround occupancy which arrives at the site in two or more sections, modules, or components designed to be permanently joined together to form a primary structure on a permanent foundation. The foundation for such units (including underpinning where applicable) being one equivalent to that required for a similar site-built structure. The sections, modules or components of such structure shall have been inspected and certified by an authority recognized by the State of Texas as having met building code requirements equivalent to those in effect locally for site-built units.
25.2
Mobile caterer: A food delivery service provided in conjunction with a full-service food service establishment where cooked food is transported from a food service establishment to a specified place. A mobile caterer does not engage in the selling of food from the vehicle is [in] which it is transported.
25.4.
Mobile food hot truck: A vehicle that is designed to cook, prepare and sell food within the unit.
25.6.
Mobile food unit: A vehicle mounted food establishment that is readily movable, but which provides food service at one designated location within 24 hours. This definition excludes mobile caterers and mobile food hot trucks.
25.8.
Mobile food vendor: An individual who is engaged in selling food items at an informal fixed location for a specified period of time from a mobile food unit or hot truck.
26.
Mobile home: A detached dwelling unit intended for occupancy by a single family suitable for yearround occupancy which is equipped with wheels or has provisions for attachment with wheels, and arrives at the site complete and ready for occupancy except for minor incidental unpacking, assembly and connections.
27.
Mobile home park: A parcel of land designed, constructed, equipped, operated, managed and maintained for the purposes of providing spaces for rent or lease on which are placed mobile homes which are rented, leased or owned.
28.
Mobile home subdivision: The division of a parcel of land into contiguous lots or parcels, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivisions, for the purpose of transfer of ownership and the subsequent placement of a mobile home on said lot or parcel for the establishment of a permanent residence.
28.5.
Non-depository financial institution: Any check cashing business, payday advance/loan business, or car title loan business as defined below. This definition excludes a state or federally chartered bank, savings and loan association or credit union, or a pawnshop, and a convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75 percent of the total gross revenue generated on site.
• Check cashing business: An establishment that provides one or more of the following:
a.
An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;
b.
An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or
c.
The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.
• Payday advance/loan business.
a.
An establishment that makes small consumer loans, usually backed by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term, or until a customer's next payday, and then cashed unless the customer repays the loan to reclaim such person's check.
b.
Such establishments may charge a flat fee or other service charge and/or a fee or interest rate based on the size of the loan amount.
• Car title loan business. An establishment that makes small consumer loans that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle.
29.
Personal service establishments: Shall mean establishments and offices offering services for the health and welfare of the individual and shall include barbershops, beauty shops, reducing or slenderizing studios, steam or Turkish baths, and other establishments of a similar nature, but not including any professional services.
29.3.
Poultry processing: Establishments primarily engaged in the slaughtering of poultry and small game and/or preparing processed poultry and small game meat and meat by-products.
30.
Professional services: Shall mean services offered by doctors, lawyers, accountants, real estate brokers, insurance agents, land developers, engineers, architects, planners, computer systems analysts and any other individuals or groups offering professional services of a similar nature.
30.5.
Pushcart food vendor: A non-motorized mobile food container designed to be manually pushed by a mobile food vendor.
31.
Residence: See Dwelling unit .
32.
Roominghouse: See Boardinghouse .
33.
Salvage yard: See Junkyard .
34.
Schools:
a.
Public or denominational: A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools but not including trade or commercial schools.
b.
Private: A school having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.
35.
Shopping center: A group of commercial establishments planned, developed, managed and operated as a unit, with off-street parking, loading and landscaping provided on the property.
35.1.
Sound recording studio: An establishment which provides audio and video production and postproduction services to produce master recording.
35.5.
Tattoo parlors: An establishment where the following procedures are performed on the human body; tattooing practices where an indelible mark or figure on the human body is made by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment, piercing the skin for the application of rings, pins and/or other objects, or any other means wherein the body is permanently marked, scarred or pierced. Facilities offering tattooing services must be licensed by the State of Texas. This definition shall not include ear piercing or minor cosmetic tattooing such as eyeliner or lip liner performed in such places as a jewelry shop, beauty shop or other similar establishment.
36.
Tourist home: A building or part thereof other than a hotel, motel, motor lodge, or boardinghouse, where lodging accommodations are offered to the public and intended primarily for rental to transients with daily charge.
37.
Video arcades: Establishments offering for recreation or entertainment, electronic video games, billiard tables, pinball games, and other games of similar nature and is used as the principal use.
38.
Training class: A classroom may be permitted as a home occupation in accordance with section 16.6 if no more than 12 persons are being trained in the residence per 24-hour period and adequate parking is provided. If these conditions cannot be met, then the use graph for business and trade school shall apply.
39.
Work-live unit: A building or spaces within a building used jointly for commercial or residential purposes. The dwelling units may be located above the ground floor, attached to the rear of a shop front, or detached and located in the rear or side yard. The first floor is a shop front-frontage type.
(Ord. No. O-41-95, § I, 12-26-95; Ord. No. O-15-10, § 3, 3-8-2010; Ord. No. O-27-10, § 3, 5-24-2010; Ord. of 3-14-2011, § 3; Ord. No. O-34-12, § I(Exh. A), 9-10-2012; Ord. No. O-18-2013, § I, 3-25-2013; Ord. No. O-20-2013, § I, 3-25-2013; Ord. No. O-55-13, § I, 10-28-2013; Ord. No. O-04-15 , § I(29.a), 1-26-2015; Ord. No. O-25-16 , § I, 11-28-16; Ord. No. O-21-17 , § I(Exh. A), 6-12-2017)