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2016-011 - AMEND ZONING 1710... CENTRAL AREA ZONING DISTRICT (DOWNTOWN)ORDINANCE NO. 2016 -011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 8, "USE OF LAND AND BUILDINGS;" BY AMENDING SECTION 12 -100, "SPECIFIC USE PERMITS;" PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris adopted a temporary Zoning Ordinance in 1942, and ordinances amending the Zoning Ordinance were passed by the City Council in 1945, 1957, and 1965; and WHEREAS, additional amendments were added to Zoning Ordinance No. 1710 (April 12, 1965) during 1971 through 1987 and 2012 and in 2016; and WHEREAS, much of the Paris Zoning Ordinance is outdated, and therefore does not, in certain instances, reflect current and appropriate American zoning practice; and WHEREAS, the City of Paris staff and officials desire to partially update and amend portions of Zoning Ordinance No. 1710 to aid in the more efficient growth and development of the City of Paris, Texas; and WHEREAS, on March 7, 2016, the Planning and Zoning Commission discussed the Central Area (CA) Zoning District amendments as described herein and supported same; and WHEREAS, on March 8, 2016, the Paris Main Street Advisory Board and on March 28, 2016 the Paris Historic Preservation Commission discussed the Central Area (CA) Zoning District amendments as described herein, and both bodies supported said amendments as described herein; and WHEREAS, the City of Paris downtown area reflects important historical and architectural representations for the city and region; and WHEREAS, the City of Paris downtown area also represents important existing and future opportunities for business, recreational, and residential uses; and WHEREAS, certain land uses that are currently allowed in the Central Area (CA) Zoning District are considered to be too intensive for the existing and proposed character of Paris' downtown; and 1 WHEREAS, certain land uses in the CA Zone should be modified, and some new uses and definitions should be added and amended in the CA Zone to more efficiently advance the desire to enhance the Paris downtown; and WHEREAS, where said certain uses to be deleted currently exist in Paris' CA Zone, they will continue to be allowed, as per this Zoning Ordinance No. 1710, Section 15: Non - Conforming Uses and Structures; and WHEREAS, on April 4, 2016, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on April 11, 2016, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 7 ayes and 0 nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 8 -102, "Special Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit A," which is attached hereto and incorporated herein by reference. Section 3. That Section 8 -104, "Accessory and Incidental Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit B," which is attached hereto and incorporated herein by reference. Section 4. That Section 8 -105, "Automobile Type Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit C," which is attached hereto and incorporated herein by reference. Section 5. That Section 8 -106, "Retail and Service Type Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is 2 hereby amended to read as set forth in full in "Exhibit D," which is attached hereto and incorporated herein by reference. Section6. That Section 8 -107, "Commercial and Service Uses," in Section 8, "Use of Land and Buildings," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit E," which is attached hereto and incorporated herein by reference. Section 7. That Sections 8 -201 in Section 8, "Use of Land and Buildings," and section 8 -200, "Special Definitions and Explanations noted in Use Regulations," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as set forth in full in "Exhibit F," which is attached hereto and incorporated herein by reference. Section 8. That Sections 12 -100 in Section 12, "Specific Use Permits," of Zoning Ordinance No. 1710 of the City of Texas, be, and the same is hereby amended to read as follows: "Section 12 -100. SPECIFIC USE PERMITS The City Council of the City of Paris, Texas, after public hearing and proper notice to all parties affected and after recommendations by the Planning and Zoning Commission may authorize the issuance of specific use permits for the following types of uses in the following districts: (1) Airport landing field in any A, SF -1, SF -2, SF -3, 217, MF -1, MF -2, P, 0, NS, GR or District. (2) Auto laundry in the GR District. (3) Antique shop in the 0 and NS Districts (and restaurant) cafeteria in the 0 District. (4) Cemetery or mausoleum in any residential district. (5) Cement, lime, gypsum or plaster of paris manufacture in the HI District. (6) Concrete batching plant or asphalt batching plant in the LI District. (Temporary plants subject to approval by ordinance of the City Council) (7) Cotton gin in the HI District. (8) Community unit development in the A, SF -1, SF -2, SF -3 and 2F Districts where the over -all density does not vary from the standards established for the district in which the development is located. (9) Commercial amusement (indoors) in the GR District. (10) Columbarium in the CA District. (11) College, university, convent or monastery in any one - family or two- family district. (12) Country club in any one - family or two - family district. (13) Convent or monastery in any one - family or two- family district. 3 (14) Day camp in any one - family or two- family district. (15) Drive -in theater in the GR District. (16) Electric generating plant and other similar utility installation in SF -1, SF -2, SF -3, 2F, MF -1 and MF -2 Districts. (17) Fraternity or sorority in the A, SF -1, SF -2, SF -3, 2F and MF -1 Districts. (18) Radio and television broadcasting towers and transmitting station in all residential districts and in the P, 0, NS and GR Districts. (19) Go -cart track, drag strip or commercial vehicle racing in the LI and HI Districts. (20) Heliport in any A, SF -1, SF -2, SF -3, 217, MF -1, MF -2, P, 0, NS, GR, CA or PD District. (2 1) Hospital, convalescent home, residence home for aged in any one - family or two- family district. (22) Hotel or motel in the MF -2 District. (23) Reserved. (Repealed by Ord. No. 2110, § 3, 9- 11 -72) (24) Home for alcoholic, psychological or narcotic patients in the A, MF -1, MF -2, GR and 0 Districts. (25) Institutions of a religious, educational or philanthropic nature not specifically mentioned herein in any one - family or two- family district. (26) Nursery school, day nursery or kindergarten school in the A, SF -1, SF -2, SF -3 and the 2F Districts. (27) Recreational facilities in any residential district. (28) Rock quarry, sand, gravel and caliche excavations in the LI or HI Districts. (29) Mortuary in the 0, NS and GR Districts. (30) Fairgrounds or exhibition area in the NS or GR Districts. (31) Livestock auction or commission house in the A, C or LI District. (32) Petroleum refining and petrochemical manufacture in the HI District. (33) Public or private utility not listed in all districts. (34) Sewage treatment plant in any district except LI and HI Districts. (35) Mobile home in the SF -3 district with the further restriction that single- wide mobile homes may only receive a specific use permit for a period not to exceed five (5) years with renewals permitted. (36) Water treatment plant in any residential District and in the 0, P, NS or GR Districts. (37) Wrecking or salvage yard in the HI District. (38) Any use which is determined to come under the provisions of Section 8 -201, 90 item g. (39) Off- premises consumption sale of wine, beer or ale (wine and beer retail sales store) as an accessory use to a grocery store in the NS, GR, C, CA, and PD(a) Districts. 4 (40) Off- premises consumption sale of all alcoholic beverages, package store in GR, C, CA and PD(a) Districts. (41) Warehouse storage of beer, wine, or liquor for distributors with no retail sales permitted on the premises in the LI and PD(c) Districts. (42) Dance hall, public, in the C, CA and LI Districts. (43) Heavy machinery sales and storage in the ESS District. (44) Gasoline service stations in the GR and C Districts. (45) Auto fuel sales in the NS, GR and C Districts. (46) Recreational facility (private) in the SF -1, SF -2, SF -3, 2F, MF -1, MF -2, P, and NS Districts. (47) Bed and breakfast historical residence in the 2F and MF -1 Districts. (48) Billboard and advertising signs in the GR, C, CA, LI and HI Districts. (49) Loading, unloading or trans loading of crude oil in Heavy Industrial (HI) zoning districts. (50) New or Used Car Lot (Open) in the CA District. (51) Head shops must have a specific use permit (S) to locate in light industrial or heavy industrial (HI) zoning districts in the City of Paris, Texas. (52) Self - storage /mini warehouses must have a specific use permit (S) to locate in a Commercial (C) Zoning District in the City of Paris, Texas." Section 9. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 10. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 11. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 12. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. 5 PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 11th day of April, 2016. k ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: St p nie H. Harris, Interim City Attorney N. 51 EXHIBIT "A" r,XI11U1L H - 3CLL1U11 O-lUG J CLlcll UJCJ A IF IF IF 2F MF MF P 0 NS GR C CA LI H[ PD PLI ESS HD * 1 2 3 1 2 I I Rectory RENEE Schedule of Uses College, a ¢ University or S S O S S zs N 4 Ln Private School 6 L2 O 3 2 c c Z= U - (3) a Columbarium S Country Club 8 -102 SPECIAL USES Airport, Is S S S S S S S S S S S S Landing field Golf Course Conventor Cemetery or S I S I S S S I S S S I S I S I S Monastery S Mausoleum Church and I I Rectory RENEE College, University or S S S S S Private School (3) Columbarium S Country Club (private) with S S S S S Golf Course Conventor S S S S S Monastery Day Camp (4) S S S S S S Day Nursery or Kindergarten S S S S S S S ES11 Schools (5) Fairgrounds or S S Exhibition Area Farm, Ranch, Garden or Orchard (6) Livestock S S S Auction Fraternity, Sorority or S S S S S S Lodge or Civic Club Heliport S S S S S S S I S I S I S I S MIS S Home for Care of Alcoholic, Narcotic or S S S S Psychiatric patients Hotel or Motel T S III IMI ME Hospital (general acute S S S S S so care) (7) Hospital (chronic care) S S S (8) Institutions of Religious or S S S S S S oil I Philanthropic Nature (9) F v x F a x w > I 0 a 0 F x A SF I SF Z SF F 2F MF ZF P 0 NS GR C CA LI I HI PD PLI I ESS ( HD* 8 -102 SPECIAL USES E S I S I S I S I I S U O O U a O Schedule of ? bC T '—.. bL T bC �' bA C G bq bq $ z. C �+ }� h c b N °° H C >, o N �+ Uses L E E.S E E.5 w° ci c a �_ a ¢_ a o -o d E n.o C �' 3 cn > o 'C �. m y b C a d 3 v 3 d 3 0 3 a 3 a 3 m O r � d d > h a .� O �j d0 C C C Ca D Q O O O F Z 8 -102 SPECIAL USES E S I S I S I S I I S U O O U a O EXHIBIT "B" Exhibit B - Section 8 -104 ACCESSORY AND INCIDENTAL USES A SF I SF I SF 2F MF MF P 0 NS GR C CA LI H[ PD PLI ESS HD * 1 2 3 1 2 Schedule of Uses E •e .o = .c _ e 4 �, .e c oa ¢ s ' 'E' c c T3 c ° o ti is 'L 0 00 00 �``o �`�o CL. o O o Z o v S a o a Z oc C) X30 = v v o a 8 -104 ACCESSORY AND INCIDENTAL USES Accessory Buildings (15) Farm Accessory Building Sign, Special Development Home Occupations (16) Off- Street Parking Intentional to Main Use Swimming Pool (Private) F Servants, Watchman or o Caretaker Quarters Community O Center, Private (18) o Signs, Church Z Bulletin Boards (19) Field Offices, (Temporary) (21) Off - Premises Consumption Sale of Wine, Beer or Ale (Wine and Beer Retail Sales Store) as an accessory use to grocery store (27) (Sec. 8- 301a) EXHIBIT "C" EXHIBIT C - 8 -105 AUTOMOBILE TYPE USES A SF S2F 3F IF MF ZF 0 NS GR C CA LI HI PD PLI ESS HD* i P Schedule of E E Uses 3 3 a a 2- .I O k O 8 -105 Automobile Type Uses Commercial �Inm Auto Parking Lot loll Truck Parking Lot I New or Used Car Lot S (Open) Auto Sales and Repair ONE U Auto Laundry S Mr p Drag Strip or Commercial S S o Racing 0 ti Go -Cart Z Track S S Wrecking or Salvage Yard S Used Auto Parts, Sales in Building Gasoline Service S S Station A SF SF SF 2F MF MF P 0 NS GR C CA LI HI PD PLI ESS HD* 1 2 3 1 2 Schedule of =_ �, ^m Q a TZ Uses a 3 3 3 i R R y o = F =_ O ri ri Auto Fuel S S S Sales (40) Tire Retreading & Capping New Auto Accessory & Parts Sales Store Seat Cover & Muffler Installation Shop Liquefied Petroleum Gas Sales EXHIBIT "D" Exhibit D 8 -106 RETAIL & SERVICE TYPE USES A SF SF I SF 2F MF MF P 0 NS GR C CA LI HI PD PLI ESS HD* 1 2 3 1 2 Schedule of Uses i2 ¢ Q y 3„ Q l; h c 3 m 3 d 3 0 3 0 3 Z 3 X``o Q O B a Q :z ¢ + my B -106 Retail & Service Type Uses Antique Shop S S Bakery, Retail Sales (22) Bowling Alley Cafeteria S Cleaning, Dyeing and Pressing Pickup & Small Shops (23) Custom Personal Service Shop (24) Candy or Cake Shop F U Drapery Shops Florist and o Garden shop Greenhouse or Nursery for o Retail Plant S S S S S S S S Sales Florist o (25) Handcraft Shop Household Appliance Service and INN Repair Shop (26) Laundry and Cleaning Self - Service Automatic (27) Microbrewery Mimeograph, Stationery or Letter Shop Mortuary and S S S Funeral Parlor A SF IF IF 2F MF MF P 0 NS GR C CA LI HI PD PLI ESS HD * 1 2 3 1 2 c c Schedule of m i•. ? bG T _. bL :-. OD �! § E bD O s°; J.+ L u �,, y G1 �a,E v, A c0 a v >u Uses EE E E E E.S w° �� C a W ¢ o oa 34T o w v s v s d �t v a� a s ao d3 ❑❑ d3 ❑❑ a�3 ❑❑ 03 3A a3 a❑ ; ❑ a oo�' a o d a a > ❑ x Q O O O F Z U v .a x ❑ _ 0. w x 8 -106 Retail & Service Type Uses Offices, Professional and Administrative Off- Premises Consumption Sale of All Alcoholic Beverages, Package Store (38) Sec. 8- 301a) Private Club (17) ti Restaurant without Drive- in Service Restaurant with Drive -in Service Retail Stores and Shops Z offering Goods for Sale (28) Sexually Oriented Businesses Studio for Photographer, moll Musician or Artist Studio for Radio or Television N I EXHIBIT "E" Exhibit E - Section 8 -107 COMMERCIAL AND SERVICE USES A SF SF I SF 2F MF MF P 0 NS GR C CA LI HI PD PLI ESS HD * 1 2 3 1 2 Schedule of Uses 'a L' _ E = E ¢_ a .�. ��? a �. min rj �. a .�. ?S �E� G. E� Y _u t N �`� ° C� E ° '= y .aa t3 a y = C `, t7 ^off y h ° c :mom m 3 m 3 n 3 0 3 F� a ry 3 Z o a 3 a O a ¢ E v Z a _�� v > �a,o00000 8 -107 Commercial and Services Uses Bakery and I Bill, Confectionery Commercial Wholesale Bottling Works Billboard and Advertising Sign (29) Business Signs and Pole Signs Bosom I (30) Building Material Sales Cabinet or Upholstery Shop Cleaning and Dyeing Plant Commercial a (31) N 0 Cleaning Plant Carpet and Bags (With special Equipment) o (31) 0 E V) Commercial Amusements S x (Indoor) Commercial Amusements (Outdoor) (32) Contractors shop and Storage Yard Dance Hall, Public Theatre S Engine and Motor Ing Repairing Food Store A SF 1 2F 3F 2F MF 2F P 0 NS GR C CAI Ll I HI PD I PLI I ESS I HD* I Schedule of 'a �_ t 7: Uses L' E i rz__ o- m v a = a ti _ OQ a Q� O O O F 2 C7 U U p C y Z B -107 Commercial and Services Uses Heavy Machinery Sales and Storage Household Appliances Sales and Storage Job Printing Laundry Plant (Commercial) Milk Depot, Dairy or Ice Cream Plant Newspaper Printing Paint Shop (33) Plumbing Shop Railroad or Bus Passenger Station Railroad Team Track, Freight Depot and Docks Scientific and Research Laboratories Storage and Repair of Furniture and Appliances Inside a Building Storage and Sale of Furniture and Appliances Outside a Building (34) Storage Warehouse Trailer Rental or Sales Trade and Commercial Schools S S p O U 0 Z Transfer Storage and Baggage Terminal Veterinarian Clinic and Kennels Wholesale Office and Sample Room Warehouse Storage of Beer, Wine, or Liquor for Distribution with no Retail Sales on the Premises (Sec. 8 -301c) * As permitted in designated zoning district classifications. (Ord. No. 2074, § 1, 3- 13 -72; Ord. No. 2075, § 2, 3- 13 -72; Ord. No. 2095, § 2, 6- 12 -72; Ord. No. 2110, § 9- 11 -72; Ord. No. 2559, § 1, 3 -9 -81; Ord. No. 2566, §§ 1, 2,4-13-81; Ord. No. 85- 067, § 1a, 12 -9 -85; Ord. No. 89 -005, § 1, 2- 13 -89; Ord. No. 89 -031, § 1, 8- 24 -89; Ord. No. 90- 014, § 1, 4 -9 -90; Ord. No. 95 -021, § 1, 6- 12 -95; Ord. No. 98 -037, § 1, 8- 10 -98; Ord. No. 2003 -019, § 4, 5 -8 -03; Ord. No. 2010 -007, § 2, 2 -8 -10; Ord. No. 2012 -017, 2, 6- 11 -12; Ord. No. 2012 -029, § 2, 10 -8 -12) * As deleted in designated zoning district classifications: Ord. No. . 04- 11 -16. A 1F �F I 3F I 2F MF I 2F P I 0 I NS GR I C CA LI I HI PD PLI I ESS HD* Schedule of o , �Lo = c °o _ $ o c° �1' y �c a y = e O a U y Uses c E c= t, m L❑ t, r d Lo t, C° > �L a d .'�', � d � � d i O � _ Q d Q c Q " c � � ° C= y N i o O ,a 8 -107 Commercial and Services Uses Transfer Storage and Baggage Terminal Veterinarian Clinic and Kennels Wholesale Office and Sample Room Warehouse Storage of Beer, Wine, or Liquor for Distribution with no Retail Sales on the Premises (Sec. 8 -301c) * As permitted in designated zoning district classifications. (Ord. No. 2074, § 1, 3- 13 -72; Ord. No. 2075, § 2, 3- 13 -72; Ord. No. 2095, § 2, 6- 12 -72; Ord. No. 2110, § 9- 11 -72; Ord. No. 2559, § 1, 3 -9 -81; Ord. No. 2566, §§ 1, 2,4-13-81; Ord. No. 85- 067, § 1a, 12 -9 -85; Ord. No. 89 -005, § 1, 2- 13 -89; Ord. No. 89 -031, § 1, 8- 24 -89; Ord. No. 90- 014, § 1, 4 -9 -90; Ord. No. 95 -021, § 1, 6- 12 -95; Ord. No. 98 -037, § 1, 8- 10 -98; Ord. No. 2003 -019, § 4, 5 -8 -03; Ord. No. 2010 -007, § 2, 2 -8 -10; Ord. No. 2012 -017, 2, 6- 11 -12; Ord. No. 2012 -029, § 2, 10 -8 -12) * As deleted in designated zoning district classifications: Ord. No. . 04- 11 -16. EXHIBIT "F" EXHIBIT "F" Section 8 Use of Land and Buildings 8 -200 SPECIAL DEFINITIONS AND EXPLANATIONS NOTED IN USE REGULATIONS 8 -201 The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as set forth in the Use Schedule and Provisions 8- 101 through 8 -109 inclusive. 1. One- Family Dwelling Attached —A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family. 2. Accessory Building —In a residence district, a subordinate building, attached or detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business. 3. Art Gallery— An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. This clarification does not include libraries, museums, or non - commercial art galleries. 4. Auto Fuel Sales —The sale of automotive fuels only by self- service establishments or as an accessory and incidental use to a primary use. (Ord. No. 2095, § 3, 6- 12 -72) S. Automated Teller Machine (ATM) —An automated device that performs banking or financial functions at a location remote from the controlling financial institution. 6. Auxiliary Massage Establishment —Any building or tenant space in which any person, firm, association, or corporation, or any person employed by such person, firm, association, or corporation, engages, or is permitted to engage in the practice of massage as an accessory use customary and clearly incidental to a principal business and use, including but not limited to services offered by a hotel, health spa, or beauty salon. 7. Bakery, Retail —A place for preparing, baking and selling all products on the premises where prepared. 8. Batching Plant— A plant for the manufacture or mixing or concrete, cement, and concrete and cement products, including any apparatus and uses incident to such manufacturing and mixing. An industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products. 1 EXHIBIT 'T' 9. Batching Plant, temporary— A temporary facility that produces or processes concrete or asphalt only for use in a particular construction project and only for the duration of that project. 10. Bed and Breakfast Historical Residence —A residence that has historical significance as evidenced by being listed in the historical register or having been granted a historical medallion, occupied by the owner thereof, making available for hire no more than four (4) individual bedrooms and having two (2) off - street parking spaces for the residence and one off - street parking space for each bedroom for hire. (Ord. No. 85 -067, § 1b, 12 -9 -85) 11. Big -Box Retail Establishment —A singular retailor wholesale user who occupies no less than 75,000 square feet of gross floor area, typically requires high parking to building area ratios, and has a regional sales market. Regional retail /wholesale sales can include but are not limited to membership warehouse clubs that emphasize bulk sales, discount stores, and department stores. A large -scale (minimum of roughly 100,000 square feet) self - service retail store selling food, drugs, household merchandise, clothing, and a variety of other retail goods. The store may, in some cases, include limited medical services, such as a dentist's office. A retail structure or group of structures (having) a total in excess of 25,000 square feet of gross floor area. 12. Boarding House —A building other than a hotel or motel, where lodging or rooms, or both, are provided for compensation, whether directly or indirectly. Meals may or may not be provided, but there is only one common kitchen facility. 13. Body Painting Studio —A business establishment wherein the patrons may apply paint or similar matter to another unclothed or partially clothed person. 14. Brew -on- Premises Store —A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store. Intoxicating liquor may not be sold or otherwise provided to customers of a brew -on- premises store unless the owner of the brew -on- premises store holds the appropriate liquor license. Customers using the brew - on- premises store must be of minimum age to purchase intoxicating liquor. Intoxicating malt liquor brewed by a customer may not be sold and must be used by the customer for personal or family use. 15. Brewpub —A restaurant that manufactures up to 5,000 barrels of fermented malt beverages per year on premises for either consumption on premises in hand - capped or sealed containers in quantities up to one -half barrel or 15.5 gallons sold directly to the consumer. Wholesaling shall be permitted only where authorized within the zoning code. 16. Cabana —An accessory building or a portion of the main building used as a bathhouse or a dressing area in connection with a swimming pool or a tennis court. 17. Church, Megachurch —A large, specialized type of house of worship that includes either indoors and /or outdoors, such nontraditional accessory uses as retail sales, residential uses, amusement parks, and sports and entertainment facilities, as an integrated part of the development. 2 EXHIBIT "F" 18. Columbarium —A structure or building for the placement of the cremated remains of a deceased human being or animal into an urn. 19. Community Center (private) —A central social and recreational building as part of a housing project or community unit development. 20. Community Unit Development —An area of five (5) acres or more of un- subdivided land or the frontage on one side of a street between two intersecting streets planned as a single integral residential development which may contain variable types of housing with yard setback and open space standards differing from the district in which it is located but which observes the overall density standards set forth in such district. Where the overall density standards are proposed to vary from those of the district in which the Community Unit Development is located, the development should be handled as a Planned Development District by an Amendment to the Zoning Ordinance. 21. College, University or Private School —An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools. 22. Commercial Amusements— Outdoor, such as golf driving range, pitch and putt course, archery, miniature golf and similar outdoor activities but not including go -cart racing, drag strips or auto racing. 23. Commercial Wholesale Bottling Works —This is a commercial enterprise whose output is the bottling of beverages for distribution. This enterprise then distributes the final product to the wholesale sellers that are located typically in a particular geographic area. 24. Cottage Industry —A processing, assembling, packaging, or storage industry, generally employing fewer than 20 persons, conducted wholly within an enclosed building located on a site isolated from other such uses, generating low traffic volumes and with little or no noise, smoke, odor, dust, glare, or vibration detectable at any property line. 25. Custom personal service such as tailor, shoe repair, barber, beauty shop, health studio or travel consultant. 26. Day Camp (private) —A recreational area, with or without buildings, where children engage in supervised training and recreation during daylight hours. 27. Day Nursery or Kindergarten School —An establishment where four (4) or more children are left for care or training during the day or portion thereof. 28. Data Processing Facility— Facilities where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing preparation. 29. Distribution Center (also, warehouse) —A use where goods are received and /or stored for delivery to the ultimate customer at remote locations. 3 EXHIBIT T" 30. Domestic Violence Shelter —A residential facility serving as a center to receive and house persons who are victims of domestic violence, including dependents of the victim, to provide temporary boarding, lodging, counseling, and day care. The facility shall meet all certification requirements of the state, county, and /or local municipality wherein said shelter is located. 31. Equestrian Arena —An improved area, generally fenced, of at least 30 feet in width or length within which equestrian activities involving horse riding or driving occurs. 32. Equestrian Facilities — Commercial horse, donkey, and mule facilities including: horse ranches, boarding stables, riding schools and academies, horse exhibition facilities, pack stations. This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses. 33. Farm Accessory Building —An accessory building or structure used or intended for use on an active commercial food - producing farm operation. Said building or structure can be used for storing agricultural equipment or farm produce or products. The term "farm accessory building" shall not include dwellings. 34. Farm Stand —A temporary open air stand or place for the seasonal selling of agricultural produce. A produce stand is portable and capable of being dismantled or removed from the sales site. 35. Flea Market —An outdoor or covered market at a location at which booths or similar spaces are rented or otherwise made temporarily available to two or more persons at which the persons offer tangible personal property for sale. Auctions are not permitted under this use. 36. Farm, Ranch, Garden or Orchard —An area of two (2) 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. 37. Gasoline Service Stations —A business conducting the sale of gasoline and oil, minor auto repair, washing, lubrication and other periodic maintenance. 38. Grocery, Cleaning, Small Plant or Shop— Neighborhood grocery store, custom cleaning and other small shops not exceeding five thousand (5,000) square feet of floor area. 39. Halfway House —A facility that provides training, care, supervision, treatment, or rehabilitation to emotionally and mentally disturbed persons, the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day -care centers, family day -care homes, foster homes, schools, hospitals, jails, or prisons. 40. Hazardous Waste Disposal Facility —All structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste, including all operations of storage areas, diked overflow, or emergency spillway areas. A hazardous waste disposal facility may consist of several treatment, storage, or disposal 4 EXHIBIT "F" operational units; it includes all areas where hazardous waste may be received, stored, handled, or processed. 41. Hazardous Waste Processing Facility —Any commercial facility, as defined (state rules) for which a (state) pollution control agency permit is required, treating hazardous waste generated at any off -site location, that is designed and operated to modify the chemical composition or chemical, physical, or biological properties of a hazardous waste by means such as reclamation, distillation, precipitation, or other similar processes, which neutralizes the waste or renders it nonhazardous, safer for transport, amenable for recovery, storage, or reduced in volume expecting "elementary neutralizing units" and "pretreatment units," as defined in (state) rules. Hazardous waste processing does not include incineration or disposal. 42. Health Spa —A place or building where active exercise and related activities are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness. Also, a place or building that provides massage, exercise, and related activities with or without such equipment or apparatus. 43. Homeless Shelter —A facility providing temporary housing to indigent, needy, homeless, or transient persons; may also provide ancillary services such as counseling, vocational training, etc., but not including orphanages or foster homes, operated by a non- profit religious, educational, or philanthropic institution. 44. Home Occupations —A home occupation is an occupation conducted as an accessory use in or from a residential dwelling or its accessory building by persons whose principal residence is on the premises, and which use has no more affect on adjoining property than normal residential use. Home occupations include those uses as permitted and regulated in section 8 -500 hereof. (Ord. No. 2005 -053, § 2, 9- 26 -05) 45. Hospice Residential Care Facility —A freestanding licensed hospice facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs and /of terminally ill patients and their families in a residential setting. 46. Head Shops - This definition shall be eliminated. 47. Hospital (acute care) —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. 48. Hospital (chronic care) —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. 49. Household Appliance Service and Repair, including radio and television, but not involving the use of equipment which generates noise, odor or electrical frequencies so as to interfere with the use and enjoyment of adjacent property. 50. Institutions of Religious or Philanthropic Nature — Institutions sponsored or operated by organizations established for religious or philanthropic purposes including orphans' 5 EXHIBIT '7' homes, aged homes, training and educational facilities, meeting establishments and places of residence. 51. Massage Establishment —An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. 52. Medical Marijuana Dispensary— A facility where marijuana is made available for medical purposes; this also includes establishments from which marijuana is delivered to patients who cannot obtain it from a dispensary due to physical or mental disability, for medical purposes in compliance with local health and safety codes. 53. Medical Waste Facility— A facility used to store and /or repackage medical waste for transportation to a processing facility. 54. Mental Health Facility —Any individual, association, group or other entity at one location whose primary purpose is to provide services for the care, treatment, habilitation, or rehabilitation of the mentally ill, the developmentally disabled, or substance abusers, and includes any area facility, licensable facility, private facility, residential facility, state facility, 24 -hour facility, or Veterans Administration facility. 55. Microbrewery —A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, wholesale, on or of premises, with a capacity of not more than 15,000 barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district. 56. Package Store —A building or structure designed for a use requiring a package store permit by the Texas Alcoholic Beverage Commission 57. Paint Shop, but excluding all cooking or baking or varnish, paint or lacquer. 58. Private Club —Shall be as defined by Article 666 -15e of Vernon's Annotated Penal Code and amendments thereto. 59. Railroad Track and Right -of -Way, but not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas. 60. Recreational Facility (Private) —A private recreational facility restricted to membership or to invitation of the owner, which could include swimming pool, tennis courts, football field, soccer field and similar recreational facilities, none of which are available to the general public. 61. Recycling Center —A building in which recyclable material only is collected, processed, and /or baled in preparation for shipment to others who will use those materials to manufacture new products. This shall not include junkyards or wrecking yards. EXHIBIT "F" 62. Recycling Collection Center —A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Collection centers include reverse vending machines or groups of reverse vending machines, a mobile recycling unit, kiosk - type units that may include permanent structures and unattended containers placed for the donation of recyclable materials. 63. Recycling Plant —A facility that is not a salvage yard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal, cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production. 64. Recycling Unit, Mobile —An automobile, truck, trailer, or van that may be licensed by the state, which is used for the collection of recycle materials. A mobile recycling unit also means the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials. 65. Research and Development Business —A business that engages in research, or research and development, of innovative ideas in technology- intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multimedia and video technology. Development and construction of prototypes may be associated with this use. 66. Residence Home for Aged —A home where elderly people are provided with lodging and meals with or without nursing care. 67. Retail Stores and Shops offering all types of consumer goods for sale, but excluding the display and sale in the open outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials. 68. School, Public or Parochial —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 private or trade or commercial schools. 69. Self - Service Storage Facility (also mini storage facility and /or mini warehouse)— A building or group of buildings for rent or lease divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses, and may include conditioned facilities; restricted to the storage of items that are not for sale on the premises. 70. Sexually oriented businesses —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. 71. Sign, Advertising or Billboard —A display, panel or poster which advertises or promotes a commodity or service not offered for sale on the premises where such sign is located. 72. Sign, business —A panel, display or device which advertises or promotes commodities or services offered on the premises where such signs are located. 7 EXHIBIT "F" 73. Signs, Real Estate — Temporary signs pertaining to the sale or rental of property not exceeding twenty (20) square feet in area and advertising property only for a use for which it is legally zoned. 74. Signs, Church and Schools —Name plates and bulletin boards for schools and churches, but not exceeding thirty (30) square feet in area and not of a flashing, intermittent, revolving or similarly lighted type. 75. Solar Energy Storage Facility— Equipment consisting of containers, heat exchanges, piping and other transfer mechanisms (including fluids, gases, or solids), controls and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems. 76. Storefront Church— A store or similar structure not typically used for religious activities that is used as a meeting place for a religious congregation. 77. Substance Abuse Treatment Facility— A facility for the purposes of temporary or long- term inpatient treatment of victims of drug use or addiction. 78. Tanning Studio— Any business that uses artificial lighting systems to produce a tan on an individual's body. This use specifically excludes spas, gymnasiums, athletic clubs, health clubs, and any exercise equipment. 79. Tattoo Parlor /Body- Piercing Studio— An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. 80. Telephone Line and Exchange, but not including public business facilities, storage or repair facilities. 81. Temporary Field Offices— Portable building or temporary building used as field office for a real estate development or construction project and subject to removal at direction of the Building Inspector. 82. Wholesale Establishment— An establishment or place of business primarily engaged in selling and /or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. 83. Wine and Beer Retail Sales Store —A building or structure designed for or intended for a use requiring a permit or permits for sale of wine, ales, and /or beer and malt liquors by the Texas Alcoholic Beverage Commission. 84. Youth Hostel— A place where travelers may stay for a limited duration, as recognized by the International Hostel Association. 0 EXHIBIT "F" 85. The display of plants offered for sale must be behind the front yard line established in the district in which the nursery or greenhouse is located. 86. Equipment in Self - Service Laundry and Dry Cleaning Establishment to be of similar size as customarily found in the home and of the customer self - service type and not a commercial laundry or cleaning plant. 87. No direct exterior exhaust from cleaning plant permitted and dust must be controlled by either bag or filter and separator or precipitator so as to eliminate the exhausting of dust, odor, fumes or noise outside the plant. 88. All exterior display of furniture, appliances or similar material must be behind the front yard line established in the district in which the use is located. Said exterior display shall be limited to approved garage sales or other family- oriented activities and only allowed in residential zoning districts. 89. Light manufacturing processes which do not emit detectable dust, odor, smoke, gas or fumes or other Performance Standards criteria beyond the boundary property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the LI District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and including, but not limited to such uses as: a. Woodworking and planing mill with dust and noise control. b. Textile manufacture with dust and odor control. c. Ceramic and pottery manufacture with dust, odor and fume control. d. Plastic products manufacture with dust and fume control. e. Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process. f. Grain processing with hoods, dust and odor controls. g. Electroplating or battery making with acid, fume and odor controls. h. Manufacturing or industrial operations of any type or other Performance Standards criteria which meet the general conditions set forth above and which are not offensive by the reason of the emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of a hazard, but specifically excluding the uses listed in paragraph 91 following. 90. Any manufacturing, industrial servicing or storage process not prohibited by law except the following uses may be located in the HI District upon approval by the City Council in accordance with the procedure established in Section 12. a. Cement, lime, gypsum or plaster of paris manufacture. b. Cotton gin or compress. c. Petroleum and petroleum products refining and manufacture. d. Petroleum tank farm. O7 EXHIBIT "F" e. Petrochemical plant. f. Wrecking yard or salvage yard. g. Any use which due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire or other Performance Standards criteria is presently or in the future is determined a hazard and subject to special control. 10