§ 25-2-4. COMMERCIAL USES DESCRIBED.

(A)

Commercial uses include the sale, rental, servicing, and distribution of goods, and the provision of services, other than those classified as industrial or civic uses.

(B)

Commercial use classifications are described as follows:

(1)

ADMINISTRATIVE AND BUSINESS OFFICES use is the use of a site for the provision of executive, management, or administrative services. This use includes:

(a)

administrative offices and services, including real estate, insurance, property management, investment, personnel, travel, secretarial, telephone answering, and photocopy and reproduction; and

(b)

business offices for public utilities, organizations, associations, and other use classifications if the service rendered is customarily associated with administrative office services.

(2)

AGRICULTURAL SALES AND SERVICES use is the use of a site for the on-site sale of feed, grain, fertilizers, pesticides and similar goods, or the provision of agricultural services with incidental storage of goods off-site. This use includes hay, feed, and grain stores and tree service firms.

(3)

ALTERNATIVE FINANCIAL SERVICES BUSINESSES use is the use of a site for a check cashing business, payday advance or loan business, money transfer business, motor vehicle title loan business, or a credit access business as defined in this section.

(a)

This use excludes:

(1)

a state or federally chartered bank, savings and loan association or credit union, or a pawnshop, and

(2)

a convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75% of the total gross revenue generated on site.

(b)

A check cashing business is an establishment that provides one or more of the following:

(1)

an amount of money that is equal to the face of a check or the amount specified in a written authorization for an electronic transfer of money, less any fee charged for the transaction;

(2)

an agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or

(3)

the cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any other person or entity for a fee.

(c)

A payday advance or loan business is an establishment that makes small consumer loans of $2,500 or less, usually backed by 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 the check or debit. 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.

(d)

A motor title loan business is an establishment that makes small consumer loans of $2,500 or less 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 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 vehicle.

(e)

A credit access business has the same meaning as defined in Section 393.601 of the Texas Finance Code.

(4)

ART GALLERY use is the use of a site for the display or sale of art.

(5)

ART WORKSHOP use is use of a site for the production of art or handcrafted goods, and it includes the incidental sale of the art produced.

(6)

AUTOMOTIVE RENTALS use is the use of a site for the rental of automobiles, noncommercial trucks, trailers, or recreational vehicles, including incidental parking and servicing of vehicles. This use includes auto rental agencies, trailer rental agencies, and taxicab parking and dispatching.

(7)

AUTOMOTIVE REPAIR SERVICES use is the use of a site for the repair of automobiles, noncommercial trucks, motorcycles, motor-homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. This use includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.

(8)

AUTOMOTIVE SALES use is the use of a site for sale or rental of automobiles, noncommercial trucks, motorcycles, motor-homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. This use includes new and used car dealerships, motorcycle dealerships, and boat, trailer, and recreational vehicle dealerships.

(9)

AUTOMOTIVE WASHING use is the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

(10)

BAIL BOND SERVICES use is the use of a site by a licensed bail bond surety to provide bail bond services regulated by Texas Occupations Code Chapter 1704. The use does not include bail bond services that are provided by an attorney and that are exempt from the state licensure requirements under Texas Occupations Code Section 1704.163.

(11)

BUILDING MAINTENANCE SERVICES use is the use of a site for provision of maintenance and custodial services to firms rather than individuals. This use includes janitorial service, landscape maintenance, and window cleaning services.

(12)

BUSINESS OR TRADE SCHOOL use is the use of a site for provision of education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college, university, or public or private educational facility.

(13)

BUSINESS SUPPORT SERVICES use is the use of a site for sale, rental, or repair of equipment or supplies used by office, professional, or service establishments, but excludes automotive, construction, and farm equipment. This use includes office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms.

(14)

CAMPGROUND use is the use of a site for provision of camping or parking areas and incidental services for travelers in recreational vehicles or tents. This use includes recreation vehicle parks.

(15)

CARRIAGE STABLE use is the use of a site for housing of horses used solely to pull carriages, but excludes uses permitted in the description of stable.

(16)

COCKTAIL LOUNGE use is the use of a site for retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar uses, other than a restaurant use as that term is described in this section.

(17)

COMMERCIAL BLOOD PLASMA CENTER use is the use of a site as a facility for the donation or sale by individual donors of blood plasma and other blood products, with the exception of whole blood. A "blood bank" as defined by Texas Health and Safety Code Section 162.001 is not a commercial blood plasma center.

(18)

COMMERCIAL OFF-STREET PARKING use is the use of a site for the parking of motor vehicles on a temporary basis within a privately owned off-street parking facility. This use includes commercial parking lots and garages and excludes parking as an accessory use.

(19)

COMMUNICATIONS SERVICES use is the use of a site for the provision of broadcasting or information relay services through electronic and telephonic mechanisms, but excludes major utility facilities. This use includes television, film, or sound recording studios, telecommunication service centers, and telegraph service offices.

(20)

CONSTRUCTION SALES AND SERVICES use is a use involving construction activities, the incidental storage of materials on sites other than construction sites, and the on-site sale of materials used in the construction of buildings or other structures, other than retail sale of paint, fixtures and hardware. This use includes building materials stores, tool and equipment rental or sales, and building contractor businesses, but excludes automobile sales, automobile rentals, automobile washing, automotive repair services, commercial off-street parking, equipment repair services, equipment sales, service stations, and vehicle storage.

(21)

CONSUMER CONVENIENCE SERVICES use is the use of a site for the provision of convenient and limited services to individuals in access-controlled facilities that make twenty-four hour operation possible. This use includes the renting of private postal and safety deposit boxes to individuals and automated banking machines.

(22)

CONSUMER REPAIR SERVICES use is the use of a site for the provision of repair services to individuals or households rather than firms. This use includes appliance repair shops, watch or jewelry repair shops, and musical instrument repair shops, and excludes automotive repair services, equipment repair services, and service stations.

(23)

CONVENIENCE STORAGE use is storage services primarily for personal effects and household goods within enclosed storage areas having individual access. This use includes mini-warehouses, and excludes workshops, hobby shops, manufacturing, and commercial activity.

(24)

DROP-OFF RECYCLING COLLECTION FACILITY use is a facility used for the collection and transfer, but not the actual processing, of recyclable materials. Recyclable materials include glass, paper, plastic, cans, or other source-separated, nonputrescible materials, and excludes motor oil, chemicals, household appliances, tires, automobiles, automobile parts, and putrescible materials.

(25)

ELECTRONIC PROTOTYPE ASSEMBLY use is the use of a site for the assembly of prototype electrical and electronic components for computers, computer peripherals, scientific or medical measuring or analyzing instruments, radio, telephone, and similar equipment. This use excludes the production of goods for sale to customers, and chip, wafer, or semiconductor prototype assembly.

(26)

ELECTRONIC TESTING use is the use of a site for testing an electrical or electronic component for a computer, computer peripheral, radio, telephone, scientific or medical instrument, or similar equipment. The use excludes the manufacture or assembly of a product.

(27)

EQUIPMENT REPAIR SERVICES use is the use of a site for the repair of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, or similar heavy equipment. This use includes truck repair garages, tractor and farm implement repair services, and machine shops, but excludes dismantling and salvage activity.

(28)

EQUIPMENT SALES use is the use of a site for the sale or rental of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, mobile homes, or similar heavy equipment, including incidental storage, maintenance, and servicing. This use includes truck dealerships, construction equipment dealerships, and mobile home sales establishments.

(29)

EXTERMINATING SERVICES use is the use of a site for the eradication or control of rodents, insects, or other pests with incidental storage on sites other than where the service is rendered.

(30)

FINANCIAL SERVICES use is the use of a site for the provision of financial and banking services. This use includes banks, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services. This use excludes alternative financial services businesses uses as defined in this section.

(31)

FOOD PREPARATION use is the use of a site for the production of prepared food for wholesale distribution in a structure with not more than 5,000 square feet of gross floor area. The use includes wholesale bakeries, commercial kitchens, and specialty food processing or packaging shops, but excludes the on-site slaughter of animals and the commercial production of ice.

(32)

FOOD SALES use is the use of a site for the retail sale of food or household products for home consumption. This use includes grocery stores, delicatessens, meat markets, retail bakeries, and candy shops.

(33)

FUNERAL SERVICES use is the use of a site for the preparation human dead for burial or arranging or managing funerals. This use includes funeral homes and mortuaries.

(34)

GENERAL RETAIL SALES (CONVENIENCE) use is the use of a site for the sale or rental of commonly used goods and merchandise for personal or household use, but excludes uses classified more specifically in this section. This use includes the provision of household cleaning and maintenance products, drugs, cards, stationery, notions, books, tobacco products, cosmetics, specialty items, apparel, jewelry, fabrics, cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies, and bicycles.

(35)

GENERAL RETAIL SALES (GENERAL) use is the use of a site for the sale or rental of commonly used goods for personal or household use, but excludes uses classified more specifically in this section. This use includes department stores, furniture stores, and establishments providing home furnishings, appliances, wallpaper, floor-covering, or automotive parts and accessories (excluding service and installation).

(36)

HOTEL-MOTEL use is the use of a site for the provision of rooms for temporary lodging. This use includes hotels, motels, and transient boarding houses.

(37)

INDOOR ENTERTAINMENT use is a predominantly spectator use conducted within an enclosed building. This use includes meeting halls and dance halls.

(38)

INDOOR SPORTS AND RECREATION use is a recreational use conducted within an enclosed building. This use includes bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video arcades, and indoor racquetball courts.

(39)

KENNELS use is the use of a site for the boarding and care of dogs, cats, or similar small animals. This use includes boarding kennels, pet motels, and dog training centers.

(40)

LAUNDRY SERVICES use is the use of a site for the provision of laundering, dry cleaning, or dyeing services other than those classified as personal services. This use includes bulk laundry and cleaning plants, diaper services, and linen supply services.

(41)

LIQUOR SALES use is the use of a site for the retail sale of alcoholic beverages for off-premises consumption. This use includes liquor stores and bottle shops.

(42)

MARINA use is:

(a)

the wet or dry storage or docking of seaworthy watercraft, including ramps and hoists for boats, for profit; or

(b)

the provision of docks, wharves, piers, floats, or similar structures for the anchoring, mooring, housing, or storing of more than three watercraft.

(43)

MEDICAL OFFICES use is the use of a site for the consultation, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical or dental laboratories, or similar practitioners of medical and healing arts for humans, licensed for practice by the state. The use includes a compounding pharmacy that does not exceed 3,000 square feet of gross floor area. A compounding pharmacy may prepare and sell prescription drugs and also sell non-prescription drugs, medical supplies, and other health products. The sale of other merchandise is permitted only as an accessory use.

(44)

MONUMENT RETAIL SALES use is the use of a site primarily for the retail sale of monuments for placement on graves. This use includes the sale, storage, and delivery of headstones, footstones, markers, statues, obelisks, cornerstones, and ledgers.

(45)

OFF-SITE ACCESSORY PARKING use is the use of a site for the provision of parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, located on a different site from the principal use.

(46)

OUTDOOR ENTERTAINMENT use is a predominantly spectator use conducted in open, partially enclosed, or screened facilities. This use includes sports arenas, racing facilities, and amusement parks.

(47)

OUTDOOR SPORTS AND RECREATION use is a recreational use conducted in open, partially enclosed, or screened facilities. This use includes driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.

(48)

PAWN SHOP SERVICES use is the use of a site for the lending of money on the security of property pledged in the keeping of the pawnbroker, and the incidental sale of the property.

(49)

PEDICAB STORAGE AND DISPATCH use is the use of a site for the staging, storage, and dispatch of non-motorized vehicles, including incidental parking and servicing of these vehicles.

(50)

PERSONAL IMPROVEMENT SERVICES use is the use of a site for the provision of informational, instructional, personal improvement, and similar services of a non-professional nature. This use includes photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft or hobby instruction.

(51)

PERSONAL SERVICES use is the use of a site for the provision of periodically needed services of a personal nature. This use includes beauty or barber shops, seamstress or tailor services, shoe repair shops, and dry cleaning pick-up station services.

(52)

PET SERVICES use is the use of a site for the retail sale of small animals customarily used as household pets, or the provision of veterinary, grooming, or boarding services, totally within a building. This use includes pet stores, small animal clinics, and pet grooming shops, but excludes uses for livestock and large animals.

(53)

PLANT NURSERY use is the use of a site for sale of plants or related goods or services. This use includes garden centers and tree service firms.

(54)

PRINTING AND PUBLISHING use is the use of a site for the bulk reproduction, printing, cutting, or binding of written or graphic material.

(55)

PROFESSIONAL OFFICE use is the use of a site for the provision of professional or consulting services in the fields of law, architecture, design, engineering, accounting, or similar professions.

(56)

RECREATIONAL EQUIPMENT MAINTENANCE AND STORAGE use is the use of a site for the maintenance, service, or storage of sports equipment, watercraft, watercraft motors, trailers, motorcycles, or motor-homes.

(57)

RECREATIONAL EQUIPMENT SALES use is the use of a site for the sale or rental of sports equipment, watercraft, watercraft motors, trailers, motorcycles, or motor-homes, and includes incidental storage, maintenance, and servicing.

(58)

RESEARCH ASSEMBLY SERVICES use is the use of a site for the assembly of products related to research services and used by the owners of the research establishment or affiliated entities in the delivery of services performed by the owner or affiliated entities. This use excludes the mass production of products for general sale to customers.

(59)

RESEARCH SERVICES use is research of an industrial or scientific nature. This use includes electronics research laboratories, space research or development firms, and pharmaceutical research labs, and excludes product testing.

(60)

RESEARCH TESTING SERVICES use is research activity that may be permitted only with the approval of the council within a planned development area district.

(61)

RESEARCH WAREHOUSING SERVICES use is the use of a site for enclosed or screened storage of materials or equipment related to research services, and excludes bulk warehousing or permanent storage of hazardous or toxic substances, except as authorized by a planned development area district ordinance.

(62)

RESTAURANT (GENERAL) use is the use of a site for the preparation and retail sale of food and beverages and includes the sale and on-premises consumption of alcoholic beverages as an accessory use.

(63)

RESTAURANT (LIMITED) use is the use of a site for the preparation and retail sale of food and beverages and excludes the sale of alcoholic beverages for on-premises consumption.

(64)

SCRAP AND SALVAGE SERVICES use is the use of a site for the storage, sale, dismantling or other processing of used or waste materials that are not intended for re-use in their original forms. This use includes automotive wrecking yards, junk yards, and paper salvage yards.

(65)

SERVICE STATION use is the use of a site for the provision of fuel, lubricants, parts and accessories, or incidental services to motor vehicles.

(66)

SOFTWARE DEVELOPMENT use is the use of a site for development or testing of computer software packages including magnetic disks, tapes, and associated operating manuals. This use excludes printing, distribution, and software manufacturing.

(67)

SPECIAL USE HISTORIC is a use that complies with the requirements of Section 25-2-807 (Special Use In Historic Districts).

(68)

STABLE use is the use of a site for boarding, breeding or raising of horses not owned by the occupants of the premises, or the rental of horses for riding. This use includes boarding stables or public stables.

(69)

THEATER use is the use of a site for presentation of plays, motion pictures, or other dramatic performances within a building.

(70)

VEHICLE STORAGE use is the use of a site for long term storage for vehicles. This use includes storage of vehicles towed from private parking areas and impound yards, but excludes dismantling or salvage.

(71)

VETERINARY SERVICES use is the use of a site for provision of veterinary services and hospitals for animals. This use includes pet clinics, dog and cat hospitals, and veterinary hospitals for livestock and large animals.

Source: Section 13-2-3; Ord. 000309-39; Ord. 010426-48; Ord. 020627-Z34; Ord. 031211-11; Ord. 031211-41; Ord. 040617-Z-1; Ord. 20060928-107; Ord. 20120426-139; Ord. 20121101-057.