City of Canyon - Land Uses

Accessory Dwelling Unit

A dwelling unit, that is attached or detached from the principal on-site structure, is used as a residence, is incidental to the main structure, and is not involved in the conduct of a business.

Districts Where Allowed Districts where use is Permitted by Right: 2F, RC-1, RC-2, SF-10, SF-20, SF-43, SF-6

Vehicle Parking:
1 : dwelling unit. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Accessory Dwelling Units

1.   The location of Accessory Dwelling Units is regulated by 3.03. Permitted Use Chart.
2.   Except for properties two (2) acres or larger, an Accessory Dwelling Unit shall not be larger than fifty (50) percent of the principal building. For properties two (2) acres or larger, an Accessory Dwelling Unit shall not be larger than fifty (50) percent of the Principal Building or two and one-half (2.5) percent of the total lot size, whichever is larger.
3.   No Accessory Dwelling Unit shall be sold separately from the Principal Building.
4.   An Accessory Building or Accessory Dwelling Unit may have a maximum of one (1) bathroom.
5.   An Accessory Dwelling Unit shall be constructed in a manner in keeping with the general architecture and building material of the Principal Building.
6.   No Accessory Dwelling Unit shall have a front facing door unless located to the rear of the Principal Building.
7.   An Accessory Dwelling Unit shall be constructed only with the issuance of a building permit and with the same minimum building standards as the Principal Building.
8.   Any required additional parking for the Accessory Dwelling Unit shall be provided with the required parking for the Principal Building.
9.   If detached, any wall of the Accessory Dwelling Unit must be placed no closer than six (6) feet from the Principal Building and/or any other structure existing or under construction on the same lot.
10. For properties two (2) acres or larger, Accessory Dwelling Units shall be exempt from items 4, 5, and 6 above.
11. A Special Exception (see 6.09. Special Exceptions) may be approved for Accessory Dwelling Units for an increase in the maximum square footage or for items 2, 4, 5, and 6 above.

This information is available in the code at 4.04.D Accessory Dwelling Units. (Page 42). See also 4.04.A All Districts (Page 40) for additional information that applies to ADUs.

Adult-Oriented Uses

Any business activity which offers the opportunity to view specified sexual activity, or view or touch specified anatomical areas for entertainment (refer to Canyon Ordinances No. 658 and 659 for further information).

Districts Where Allowed Districts Allowed with a Specific Use Permit: I

Vehicle Parking:
1 : 250 sq. ft. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Adult-Oriented Businesses.
The City of Canyon has previously adopted ordinances to regulate the placement and location of Adult-Oriented Businesses - Ordinances No. 658 and 659 (both adopted 7 October 1993). These Ordinances are effectively adopted in total by reference and are summarized in this section.

a)   Adult-Oriented Businesses must maintain a minimum separation distance of 1,000 feet from any Residential District, any structure used as a residence, any place of worship, school, hospital, park or playground, or any other Adult-Oriented Business.
b)   Ordinance No. 659 requires that an Adult-Oriented Business apply for and obtain an annual license from the City of Canyon.
c)   All other requirements of Ordinances No. 658 and 659 shall apply.

This information is available in the code at 3.04.F.1 (Page 35).

Agricultural, Commercial Crops

An area used for the growing of farm products, vegetables, fruits, flowers, trees and/or grain and including the necessary accessory structures or uses for raising, treating and storing products raised on the premises.

Agricultural, Commercial Livestock

An area used for the raising of the poultry and livestock animals such as horses, cattle, and sheep and including the necessary accessory structures or uses for raising, and housing animals raised on the premises.

Agricultural, Ranching

An area that is used for the raising thereon of the poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, and housing animals raised on the premises, but not including a Concentrated Animal Feeding Operation (CAFO) or the slaughter of animals.

Airport, Heliport or Landing Field

A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

Districts Where Allowed Districts where use is Permitted by Right: I, RC-2 Districts Allowed with a Specific Use Permit: RC-1, SF-20, SF-43

Vehicle Parking:
Parking analysis for the proposed development shall be provided and parking estimate shall be approved by the Director of Planning and Development. For more information on parking, see 4.07 Off-Street Parking (page 49).

Alcohol Production, Macro

A facility, over 15,000 sq. ft., where beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and which possess the appropriate licenses from the state of Texas.

Districts Where Allowed Districts where use is Permitted by Right: I

Vehicle Parking:
Office | 1 : 400 sq. ft. Brewing | 1 : 1,000 sq. ft. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Alcoholic Beverage Sales (Including Bar/Tavern, Alcohol Production, etc.)

a) Sales near a Place of Worship, School, or Hospital. No person shall sell alcoholic beverages if the place of business is within three hundred (300) feet of a Place of Worship, School, or Hospital except as provided by the Texas Alcoholic Beverage Code.

i) The Planning and Development Department shall use subdivision plats and/or Potter/Randall Appraisal District maps to verify the distance requirements have been met. If a dispute exists, it shall be the applicant’s responsibility to engage the services of a Professional Surveyor to determine the separation distance.

b) Location Exception. The City Commission may allow exceptions to these regulations if it determines that that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Commission determines is in the best interest of the community.

i) The City Commission shall consider any exceptions after a public hearing. At least ten (10) days prior to the hearing, notice shall be provided by written notice to all owners of real property lying within three hundred (300) feet of the property and by publication in a newspaper of general circulation in the City.

This information is available in the code at 3.04.C.1 (Page 31).

Alcohol Production, Micro with Food Sales

A facility, 15,000 sq. ft. or smaller, where beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possess the Brewpub (BP) license from the State of Texas. This facility also prepares and sells for immediate consumption on-site and is typically independently owned.

Districts Where Allowed Districts where use is Permitted by Right: I, RC-1, RC-2, RC-3

Vehicle Parking:
Office | 1 : 400 sq. ft. Brewing | 1 : 1,000 sq. ft. Dining | 1 : 200 sq. ft. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Alcoholic Beverage Sales (Including Bar/Tavern, Alcohol Production, etc.)

a) Sales near a Place of Worship, School, or Hospital. No person shall sell alcoholic beverages if the place of business is within three hundred (300) feet of a Place of Worship, School, or Hospital except as provided by the Texas Alcoholic Beverage Code.

i) The Planning and Development Department shall use subdivision plats and/or Potter/Randall Appraisal District maps to verify the distance requirements have been met. If a dispute exists, it shall be the applicant’s responsibility to engage the services of a Professional Surveyor to determine the separation distance.

b) Location Exception. The City Commission may allow exceptions to these regulations if it determines that that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Commission determines is in the best interest of the community.

i) The City Commission shall consider any exceptions after a public hearing. At least ten (10) days prior to the hearing, notice shall be provided by written notice to all owners of real property lying within three hundred (300) feet of the property and by publication in a newspaper of general circulation in the City.

This information is available in the code at 3.04.C.1 (Page 31).

Alcohol Production, Micro Without Food Sales

A facility, 15,000 sq. ft. or smaller, where beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possess the Brewpub (BP) license from the State of Texas and is typically independently owned.

Districts Where Allowed Districts where use is Permitted by Right: I, RC-1, RC-2

Vehicle Parking:
Office | 1 : 400 sq. ft. Brewing | 1 : 1,000 sq. ft. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Alcoholic Beverage Sales (Including Bar/Tavern, Alcohol Production, etc.)

a) Sales near a Place of Worship, School, or Hospital. No person shall sell alcoholic beverages if the place of business is within three hundred (300) feet of a Place of Worship, School, or Hospital except as provided by the Texas Alcoholic Beverage Code.

i) The Planning and Development Department shall use subdivision plats and/or Potter/Randall Appraisal District maps to verify the distance requirements have been met. If a dispute exists, it shall be the applicant’s responsibility to engage the services of a Professional Surveyor to determine the separation distance.

b) Location Exception. The City Commission may allow exceptions to these regulations if it determines that that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Commission determines is in the best interest of the community.

i) The City Commission shall consider any exceptions after a public hearing. At least ten (10) days prior to the hearing, notice shall be provided by written notice to all owners of real property lying within three hundred (300) feet of the property and by publication in a newspaper of general circulation in the City.

This information is available in the code at 3.04.C.1 (Page 31).

Amateur Radio Antenna (40' or Less)

Antennae not exceeding forty (40) feet in height above the ground elevation at the base of the tower, pole, structure or support.

Animal Services (Veterinarian, Grooming, Boarding), No Outside Pens

Facility entirely indoors in which dogs, cats, or other domestic animals are accepted for medical treatment, grooming, bathing, boarding, or other treatment for which payment is received.

Animal Services (Veterinarian, Grooming, Boarding), With Outside Pens

Facility with a fenced yard or outside kennels in which dogs, cats, or other domestic animals are accepted for medical treatment, grooming, bathing, boarding, or other treatment for which payment is received.

Assembly of Electronic Instruments and Devices

In enclosed building where heavy electronic components are assembled from pre-assembled or manufactured parts.

Assisted Living Facility

Per the Texas Health & Safety Code, Section 247.002, "assisted living facility" means an establishment that:

a. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;
b. Provides:

i. Personal care services; or
ii. Administration of medication by a person licensed or otherwise authorized in this state to administer the medication;

c. May provide assistance with or supervision of the administration of medication; and
d. May provide skilled nursing services for the following limited purposes:

i. Coordination of resident care with outside home and community support services agencies and other health care professionals;
ii. Provision or delegation of personal care services and medication administration as described by this subdivision;
iii. Assessment of residents to determine the care required; and
iv. For periods of time as established by department rule, delivery of temporary skilled nursing treatment for a minor illness, injury, or emergency.

Athletic Stadium or Field

An athletic stadium or field owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium.

Automobile Parts Sales, New and/or Used (Inside)

The use of any land area for the outside display and sale of new and/or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Automobile Rental

A business establishment that provides for the renting of passenger automobiles on a short-term basis (differentiated from leasing, which is on a long-term basis). This may also involve the incidental storage of the automobiles being rented.

Automobile Repair, Major

General repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust proofing; also includes those uses listed under Automobile Repair, Minor.

Automobile Repair, Minor

Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; muffler repair, emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air- conditioning systems; window tinting; inspection services, diagnostics; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under Automobile Repair, Major, wrecker/towing services, or any other similar use. May include the retail sale of auto parts

Automobile Sales and Repair

Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles. Such use includes the outdoor display/storage of vehicles that are available for sale.

Bait Shop

A retail establishment that specializes in the sale of live worms, nightcrawlers, insects, and other live and inanimate matter for use as fishing bait.

Banquet/Event Center

A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged. This use also includes meeting halls for civic organizations or social groups.

Bar/Tavern

An establishment that serves alcoholic beverages by the drink for on-site consumption and that derive seventy-five (75) percent or more of the gross revenue from the on-premise sale of alcoholic beverages.

Districts Where Allowed Districts where use is Permitted by Right: RC-1, RC-2, RC-3

Vehicle Parking:
1 : 300 sq. ft. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Alcoholic Beverage Sales (Including Bar/Tavern, Alcohol Production, etc.)

a) Sales near a Place of Worship, School, or Hospital. No person shall sell alcoholic beverages if the place of business is within three hundred (300) feet of a Place of Worship, School, or Hospital except as provided by the Texas Alcoholic Beverage Code.

i) The Planning and Development Department shall use subdivision plats and/or Potter/Randall Appraisal District maps to verify the distance requirements have been met. If a dispute exists, it shall be the applicant’s responsibility to engage the services of a Professional Surveyor to determine the separation distance.

b) Location Exception. The City Commission may allow exceptions to these regulations if it determines that that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Commission determines is in the best interest of the community.

i) The City Commission shall consider any exceptions after a public hearing. At least ten (10) days prior to the hearing, notice shall be provided by written notice to all owners of real property lying within three hundred (300) feet of the property and by publication in a newspaper of general circulation in the City.

This information is available in the code at 3.04.C.1 (Page 31).

Bed & Breakfast

A dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than 4 rooms are provided or offered for transient guests for compensation for a period not to exceed thirty (30) consecutive days. Such use also serves breakfast at no extra cost to its lodgers.

Districts Where Allowed Districts where use is Permitted by Right: RC-1, RC-2, RC-3 Districts Allowed with a Specific Use Permit: MF-2, MF-3, SF-20, SF-43

Vehicle Parking:
Residential requirement + 1 : guest room. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Bed & Breakfast or Short-Term Rental

a) An approved registration is required before operation of a Bed & Breakfast or Short-Term Rental within the City. Application for registration shall be made upon a form prescribed by the City of Canyon for such purpose. All approved registrations are valid for a period of one (1) year from the date of their issuance.
b) Proof of possession of the premise being registered, either by warranty deed or valid lease, is required for registration. If the applicant does not own the property where the rental unit is located, the applicant must provide written documentation, signed by the property owner before a notary public, authorizing the registrant to operate a Short-Term Rental on the premises.

i) Payment of all fees for registration renewals and proof of collection/payment of Hotel Occupancy Tax is due during the preceding registration periods.

c)   The applicant must demonstrate to the satisfaction of the Director of Planning and Development that the unit and property do not have any outstanding issues related to taxes or building, electrical, plumbing, fire, health, housing, police, planning, noise, or code enforcement. The City may inspect a unit with 24 hours’ notice.
d)   An approved short-term rental registration shall not be assigned or transferred to any person or entity. Any attempt to transfer a registration shall render the registration subject to suspension or revocation. New owners shall have 30 days from the date the change occurs to file a new registration with the City and pay the applicable fee(s).
e)   The City retains the right to suspend or remove a property registration. Once a registration is revoked the property shall not be eligible to be considered for registration for one (1) year.
f)    Suspension or removal of registration shall be at the discretion of the Director of Planning and Development for reasons including, but not limited to, the following:

i)         The applicant has given false or misleading information during the application process;
ii)        There has been a violation of any of the terms, conditions, or restrictions of this subsection;
iii)       The applicant has failed to pay the Hotel Occupancy Tax in the timely manner;
iv)       The location has received three (3) complaints from the neighboring property owners for excessive noise or traffic within a twenty-four (24) month period.

g) Continued operation following suspension or removal from the registry shall be considered a violation of these Zoning Regulations.

This information is available in the code at 3.04.A.2 (Page 30).

Boarding (Rooming House)

A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons.

Boat Sales

An establishment for the sale and leasing of new boats and watercraft. Used boat and watercraft sales are allowed only if craft are taken in as trade for new boat sales. The majority of sales must be attributable to new boat sales.

Building Material Sales (Indoors)

A retail establishment for the sale of building materials such as lumber, hardwood, stone, brick, or similar materials.

Cabinet Shop

A facility that engages in manufacturing and sales of fabricated wood millwork, cabinetry, hardwood and softwood.

Campground and RV Park

An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent, or lease on a temporary basis.

Districts Where Allowed Districts Allowed with a Specific Use Permit: RC-1, SF-43

Vehicle Parking:
0.5 : RV/Camping bay. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Recreational Vehicles Prohibited for Habitation
Recreational vehicles, including travel trailers, motor homes, tent trailers or similar devices designed for temporary portable housing shall not be used for human habitation unless located within a Campground and RV Park operating in accordance with these regulations and ARTICLE 4.05: MOBILE HOMES, MANUFACTURED HOMES, MODULAR HOMES AND TRAVEL TRAILERS.

This information is available in the code at 3.04.F.2 (Page 35).

Car Wash, Accessory

Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. Typically, an unattended car wash facility utilizing automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed.

Car Wash, Drive-Thru or Hand Wash

Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle does not actually wash the vehicle. The owner either leaves the vehicle or comes back to retrieve it later, or the owner waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

Car Wash, Self-Service

Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Chemical Dependency Treatment Facility

Per the Texas Health & Safety Code, Section 464.001:
"Chemical dependency" means:

a. Abuse of alcohol or a controlled substance;
b. Psychological or physical dependence on alcohol or a controlled substance; or
c. Addiction to alcohol or a controlled substance.

"Treatment facility" means:

i. A public or private hospital;
ii. A detoxification facility;
iii. A primary care facility;
iv. An intensive care facility;
v. A long-term care facility;
vi. An outpatient care facility;
vii. A community mental health center;
viii. A health maintenance organization;
ix. A recovery center;
x. A halfway house;
xi. An ambulatory care facility; or
xii. Any other facility that offers or purports to offer treatment.

Child Care Facility, Daycare

An establishment providing care for seven (7) or more children for less than twenty-four (24) hours a day at a location other than the permit holder's home. A State license is required.

Child Care Home (<_6 Children)

A private residence where state licensed care, protection, and supervision are provided, for a fee, at least twice a week to no more than six (6) children at one time, including children of the adult provider, for less than twenty-four (24) hours per day, and in accordance with the requirements of Texas Administrative Code, Title 40.

Child Care Home (>_7 Children)

A private residence where state licensed care, protection, and supervision are provided, for a fee, at least twice a week to no more than twelve (12) children at one time, including children of the adult provider, for less than twenty-four (24) hours per day, and in accordance with the requirements of Texas Administrative Code, Title 40.

Cleaning, Dry Cleaners Pick-Up and Drop-Off

An establishment that accepts clothing to be laundered, dry cleaned, dyed, or pressed at an off-site location. Laundering and pressing is permitted on site. Dry cleaning, dyeing, and other processes involving the use of solvents are prohibited on-site.

Cleaning, Laundromat

A facility where patrons wash and dry clothing and other fabrics in machines operated by the patron.

Cleaning, Laundry Cleaning Plant

A facility for the cleaning of clothing, linen, and other textiles through a special process involving the use of solvents.

College or University

An institution established for educational purposes offering courses for study beyond the secondary education level. Dormitories for students and employees only are permitted in conjunction with these uses.

Commercial Amusement, Indoor

An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein all portions of the activity take place indoors, including, but not limited to, a bowling alley, billiard/pool facility, miniature golf course, gun range/archery range, roller/ice skating rink, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, video arcade, and indoor trampoline park/bouncy park.

Commercial Amusement, Outdoor

An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein any portion of the activity takes place outdoors, including, but not limited to, miniature golf course, amusement park a golf driving range, archery range, batting cages, go-cart tracks, and outdoor swimming pool.

Commercial Antenna (Over 40')

An antenna in excess of forty (40) feet in height from the base primarily used for commercial broadcasting. Also referred to as a Microwave Tower.

Commercial Automobile Parking Lot

A commercial parking lot that provides parking spaces for vehicles less than one (1) ton capacity for a fee or free.

Commercial Stable

A stable for the rental of stall space or for the sale or rental of horses or mules.

Commercial Wind Energy System

Any wind turbine exceeding the maximum height of a Small Wind Energy System (see 3.04.C.5 (Page 34) Standards).

Commercial, General

Commercial establishments 25,000 sq. ft. or greater that are engaged in commercial activity not elsewhere classified.

Commercial, Neighborhood

Commercial establishments under 25,000 sq. ft. that are engaged in commercial activity not elsewhere classified.

Community Home for People with Disabilities

A residence for not more than six (6) persons with disabilities and two (2) supervisors. Such entity must be licensed and comply with Chapter 123 of the Human Resources Code. Per Section 123.002, a "person with a disability" means a person whose ability to care for himself or herself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:

a. An orthopedic, visual, speech, or hearing impairment;
b. Alzheimer's disease;
c. Pre-senile dementia;
d. Cerebral palsy;
e. Epilepsy;
f. Muscular dystrophy;
g. Multiple sclerosis;

Community Residential Facility

Per the Texas Health & Safety Code, Section 508.119, the purpose of a community residential facility is to provide housing, supervision, counseling, personal, social, and work adjustment training, and other programs to:

a. Releasees who are required by a parole panel as a condition of release on parole or to mandatory supervision to serve a period in a community residential facility; and
b. Releasees whose parole or mandatory supervision has been continued or modified under Section 508.283 and on whom sanctions have been imposed under that section.

Contractors Shop or Storage Yard (Outdoors)

A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Dry Boat Storage

A commercial facility where boats and watercraft are stored on dry ground, in an enclosed facility, or by some other means other than floating in water.

Duplex

A residential building containing two (2) attached dwelling units on one (1) platted lot, each with direct access to the outside, and each designed to be occupied by one (1) family (i.e., the building is occupied by not more than two families).

Districts Where Allowed Districts where use is Permitted by Right: 2F, MF-2, MF-3, RC-1, RC-2

Vehicle Parking:
2 : dwelling unit. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Duplex
No side yard setback is required for the interior side(s) of Duplexes, subject to the following:

a)   Lot widths for Duplexes on separate lots shall be reduced to 25 feet, with a minimum lot area as needed to meet the minimum lot depth.
b)   Exterior side yard setbacks must comply with the applicable zoning district requirements.
c)   Duplexes must be platted on separate lots.

This information is available in the code at 3.04.A.3 (Page 30).

Equipment for Sale or Rental (Outside)

Indoor and/or outside storage of farm equipment, boats, motorcycles, trailers, and similar implements for sale or rental.

Fairgrounds or Exhibition Area

An area where outdoor fairs, circuses, or exhibitions are held.

Feed Store and Farm Supply (No Outside Display of Merchandise)

An establishment for the selling of corn, grain, and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

Financial Institution with Drive-Thru

A banking establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit, and facilitating the transmission of funds excluding pawnshops, check cashing businesses, payday advance/loan businesses, car title loan businesses and bail bonds with drive- thru facilities. This use classification includes ATMs accessory to the financial institution; see Financial Institution, ATM Only for a standalone ATM.

Financial Institution without Drive-Thru

A banking establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit, and facilitating the transmission of funds excluding pawnshops, check cashing businesses, payday advance/loan businesses, car title loan businesses and bail bonds without drive-thru facilities. This use classification includes ATMs accessory to the financial institution; see Financial Institution, ATM Only for a standalone ATM.

Financial Institution, ATM Only

A device that dispenses cash and conducts limited banking transactions for customers using a credit card, bank card, or other similar personal banking card. These devices

Fitness Center, Large

A public or private facility 10,000 sq. ft. or greater operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weightlifting and exercise equipment, aerobics, indoor swimming pools and spas, and running or jogging tracks.

Fitness Center, Small

A public or private facility less than 10,000 sq. ft. operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weightlifting and exercise equipment, aerobics, indoor swimming pools and spas, and running or jogging tracks. See Fitness Center, Outdoor Facilities & Activities (Accessory) for any outdoor facilities or activities.

Flea Market

An indoor or outdoor premise where the main use is the sale of new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities, in broken stalls, lots or parcels, not in bulk, for the use or consumption by the immediate purchaser in a building, open air, or partly enclosed booths or stalls not within a wholly enclosed building. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal service establishments, food services establishments, and auction establishments. This definition does not pertain to retail sidewalk sales or garage sales.

Fraternity or Sorority

A house occupied by a college or university fraternity or sorority containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining area maintained exclusively for members of the fraternity and their guests or visitors.

Freight or Truck Terminal Yard

A facility that is used for the loading and unloading of freight, goods, or products for transport by truck or train.

Funeral Home

A place for the storage of human bodies prior to their burial or cremation, which may also be used for the preparation of the deceased for burial and the display of the deceased and ceremonies and services connected with.

Funeral Home, Crematory (Accessory)

A place for the preparation and cremation of human or animal bodies. Only permitted as an accessory to a funeral home.

Gas Pumps, Accessory

Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels primarily to passenger vehicles.

Gas Station

Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles.

Golf Course, Private

A land area and buildings that may include a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service uses available only to members and their guests.

Golf Course, Public

A land area and buildings that may include a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service uses available to the general public.

Grocery, Convenience Store

A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption that is 6,000 sq. ft. or less.

Grocery, Market

A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods that is 30,000 sq. ft. or less.

Grocery, Supermarket

A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods that is greater than 30,000 sq. ft.

Heavy Machinery and Tool Shop

A building or open area, other than a right-of-way or public parking area used for the display, sale, rental or storage of heavy machinery, either machines in general or a group of machines which function together as a unit.

Home Occupation

An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential premises by the occupant of the residence.

Districts Where Allowed Districts where use is Permitted by Right: 2F, MF-2, MF-3, MH, RC-1, RC-2, SF-10, SF-20, SF-43, SF-5, SF-6

Vehicle Parking:
No additional parking. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Home Occupation

a)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such Home Occupation. No sign, advertisement or display may be used to indicate the presence of a Home Occupation in the structure.
b)   The Home Occupation shall be clearly incidental and subordinate to the home’s use for residential purposes. Not more than five hundred (500) square feet or ten (10) percent of the square footage of the dwelling area, whichever is greater, shall be used in the conduct of the Home Occupation.
c)   Any persons employed must be a member of the occupant's immediate family and reside on the premises where the Home Occupation takes place.
d)   The Home Occupation shall not cause an increase in traffic volume in the neighborhood. No more than five (5) patrons may be on the premises at one time.
e)   A Home Occupation shall not utilize equipment other than that designed for residential use or that would be detrimental to or distract from the use of the premises as a residence. No equipment shall be used that creates offensive noises, vibration, sound, smoke, dust, odors, heat, glare, x-rays or electrical disturbances to radio or television instruments. No Outside Storage related to the Home Occupation shall be permitted.
f)    Delivery of materials to and from the premises shall not involve the use of vibration over two (2) ton capacity, except USPS or similar delivery trucks.

This information is available in the code at 3.04.C.2 (Page 31).

Hospital

An institution used or designed for the housing or treatment of sick or injured patients where they are given medical or surgical treatment intended to restore them to health, and that is licensed by the State of Texas. This definition does not include rooms in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons.

Hotel

A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Hotel room units are accessed through doorways into an internal hallway, courtyard, or lobby. Financial consideration for Hotel room units is generally calculated on a nightly basis.

Household Appliance Service/Repair

The maintenance and rehabilitation of appliances customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, and hair dryers. Such establishment shall not involve the use of equipment which generates noise, odor, or electrical frequencies so as to interfere with the use and enjoyment of adjacent property.

HUD-Code Manufactured Home

A HUD-Code manufactured home will display a red certification label on the exterior of each transportable section. Per the Texas Occupations Code Chapter 1201.003(20), a HUD-Code Manufactured Home means a structure:

a. Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
b. Built on a permanent chassis;
c. Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
d. Transportable in one or more sections;
e. In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
f. Includes the plumbing, heating, air conditioning, and electrical systems of the home; and
g. Does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

Industrial Printing and Distribution

Manufacturing and distribution of newspapers, books, and/or similar media.

Industrialized Home

Per the Texas Occupations Code Chapter 1202.002:

a. Industrialized housing is a residential structure that is:

i. Designed for the occupancy of one or more families;
ii. Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
iii. Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

b. Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.
c. Industrialized housing does not include:

i. A residential structure that exceeds four stories or 60 feet in height;
ii. Housing constructed of a sectional or panelized system that does not use a modular component; or
iii. A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Districts Where Allowed Districts where use is Permitted by Right: 2F, MF-2, MF-3, MH, RC-1, RC-2, SF-10, SF-20, SF-43, SF-5, SF-6

Vehicle Parking:
2 : dwelling unit. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Industrialized Home

a)   Industrialized Homes are permitted consistently with the traditionally-built equivalent (e.g., an industrialized duplex is only permitted where a traditional duplex is permitted).
b)   The Industrialized Home must conform to all applicable zoning standards for the respective zoning district.
c)   Industrialized Homes must be placed on an approved platted lot.
d)   The Industrialized Home must meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction.
e)   The Building Official is responsible for establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Texas Occupations Code § 1201).
f)    Per the Texas Occupations Code § 1202.253, single family and duplex Industrialized Homes shall:

i)         Have a value equal to or greater than the median taxable value for each single family dwelling located within five hundred (500) feet of the lot on which the Industrialized Home is proposed to be located, as determined by the most recent county certified tax appraisal roll;
ii)        Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single family dwellings located within five hundred (500) feet of the lot on which the Industrialized Home is proposed to be located;
iii)       Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single family dwellings; and
iv)       Be securely affixed to an approved permanent foundation.

g) For purposes of f)i) above, “value” means the taxable value of the industrialized housing and the lot after installation of the housing as determined by the appraisal district.

This information is available in the code at 3.04.A.4 (Page 30).

Library

A permanent facility owned and operated by the City of Canyon, Texas for the purpose of storing and loaning books, periodicals, reference materials, audio tapes, video tapes, and other similar media to Canyon residents at no-charge, exclusive of late fees and damage replacement fees. The public library may also include meeting rooms, offices for library personnel, and other similar support facilities.

Lodge or Civic Club

An organized group having a restricted membership and specific purpose to the welfare of the members such as Lion's Club, Kiwanis, Elks, Masons, and other similar associations.

Long-Term Acute Care Facility/Rehabilitation Hospital

A facility that is licensed by the State of Texas and devoted to patients with various neurological, musculoskeletal, orthopedic and other medical conditions following stabilization of their acute medical conditions. The acute care may include physical therapy, occupational therapy, speech therapy, and such and is designed to improve the patient's independence so they may return to their home.

Manufactured Home Park

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufacturing, Heavy

A manufacturing facility, not elsewhere classified, engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce limited smoke, noise, dust, glare, odors or vibration beyond its property line. Examples include manufacture or assembly of machinery, metals, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, and electric power generation plants.

Manufacturing, Light

A manufacturing facility, not elsewhere classified, engaged in the processing, manufacturing, compounding, assembling, packaging, treatment, or fabrication of materials and products, from previously manufactured materials. Such use is capable operating entirely within a building in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, odor, etc. Examples include manufacturing of clothing, food, furniture, glass, ceramics, and production of plastic bags.

Massage Therapy Establishment

An establishment in which massage therapy is practiced by a certified and licensed massage therapist, as defined by State law. "Massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for massage therapy are massage and therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. A Massage Therapy Establishment does not include a "massage parlor" or any other use which might be considered to be an adult- oriented use (see "Adult-Oriented Businesses").

Medical or Dental Clinic

A facility for a group of one or more physicians for the examination and treatment of ill and afflicted human out- patients provided that patients are not kept overnight except under emergency conditions.

Mini-Warehouse/Self-Storage

An enclosed permanent facility which provides storage space to the general public on a for-hire basis. Mini-warehouses and self- storage areas may also include vehicle storage for recreational vehicles, boats, and other vehicles. No other business or service may be allowed to operate out of a rented storage space.

Mixed Use Development

A development or portion of a development that includes a mixture of residential and nonresidential uses in a configuration where a majority of the buildings are two or more stories tall and pedestrian oriented.

Motel

A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Each motel room unit has direct access to the outside. Financial consideration for Motel room units is generally calculated on a nightly basis.

Multi-Family Dwelling

A residential building designed for occupancy by three or more families, with the number of families not to exceed the number of dwelling units. The residential building contains dwelling units that are designed to be occupied by families living independently of one another, exclusive of hotels or motels.

Museum or Art Gallery

A public or private building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and that may include the sale of goods and novelties as an accessory use.

Night Club

An establishment in which music, dancing or entertainment is conducted.

Nursery, Retail

A facility for the growing, display, or sale of plant stock, seeds or other horticulture items. This use may include raising plants outdoors or in greenhouses for sale either as food or for use in landscaping.

Nursery, Wholesale

A facility that engages in the wholesale of flowers, shrubs, trees, and other plant and gardening supplies. Limited small-scale hand assembly and packaging is permitted as part of this use.

Oil and Gas Production and Distribution

Places primarily devoted to subsurface mining of oil and gas. Typical uses are oil and gas drilling operations

Outside Storage

The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than twenty-four (24) hours.

Districts Where Allowed Districts Allowed with a Specific Use Permit: I, SF-20, SF-43

Vehicle Parking:
1 : 2,000 sq. ft. of Outside Storage. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Outside Storage

a) Outside Storage areas shall be located at the side or rear of buildings.
b) Outside Storage shall be screened with a minimum six (6) foot screening fence or wall, and shall not be visible from the right-of-way or adjacent property. If a fence or wall taller than eight (8) feet is required to screen the storage from view, a Specific Use Permit shall be required for the fence or wall.

i) Exception: The screening regulations in b) above do not apply in the I District; however, Outside Storage shall not be located within sixty (60) feet of a residential property line.

This information is available in the code at 4.06.B.6. Outside Storage.

Pawn Shop

A location at which or premises in which a pawnbroker regularly conducts business as defined by the State Finance Code Chapter 371.

Payday Loans, Check Cashing, and Bail Bonds

As defined by Chapter 393 of the Texas Finance Code.

Philanthropic Institutions

Institutions sponsored or operated by organizations established for philanthropic purposes, including orphans' homes, aged homes, training and educational facilities, meeting establishments, and places of residence.

Place of Worship

A building for regular assembly for religious public worship that is used primarily for and designed for such purpose such as a church, synagogue, mosque or similar, along with accessory activities that are customarily associated therewith, such as a place of residence for ministers, priests, nuns or rabbis on the premises, and that is tax exempt as defined by State law.

Plumbing and/or Heating and Cooling Shop

Establishments primarily engaged in retails sales of plumbing, heating, and air-conditioning equipment, including storage for ordinary repair, but without warehouse facilities or materials for contracting work.

Print Shop

An establishment that primarily reproduces, in printed form, individual orders from a business, profession, service, industry or government organization. Off-set, letter press, and duplicating equipment are used, but no rotary presses or linotype equipment are used. Related services might include faxing, digitizing, graphic reproducing, report assembling, and small-scale binding.

Private Stable

An area used solely for the owner's private purposes for the sale or keeping of horses, mules or ponies, and not kept for remuneration, hire or sale.

Produce Stand or Farmers Market

An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from one (1) or more booths located on-site.

Professional Office, Local

An establishment for the conduct of a variety of businesses in an office setting completely enclosed within a structure less than or equal to 20,000 sq. ft.

Professional Office, Regional

An establishment for the conduct of a variety of businesses in an office setting completely enclosed within a structure greater than 20,000 sq. ft.

Public Facility, Use, or Utility

Any facility owned and operated by the City of Canyon, Texas for the purpose of providing municipal services to residents and businesses within Canyon. Municipal uses may include, but are not limited to: City Hall, police station, fire station, library, parks, water treatment plant, sanitary sewer treatment plant, lift stations, drainage structures, roadways, streetlights, traffic signals, and other similar municipal uses.

Public Park, Playground or Community Center

A recreational facility or park owned and operated by a public agency such as the City or the school district, and available to the general public.

Radio Broadcasting Without Tower

A building or portion of a building used as a place for radio broadcasting, but without a transmission tower.

Railroad or Bus Passenger Station

Any premises for the transient housing or parking of motor- driven buses and trains and the loading and unloading of passengers.

Recycling Center

An enclosed building in which recoverable resources, such as newspapers, glassware, plastics, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand for shipment to others who use those materials to manufacture new products. This facility is not a wrecking yard or junk yard.

Recycling Collection Point

An incidental use that serves as a drop-off point for temporary storage for recoverable resources, such as newspapers, glassware, plastics, and metal cans. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

Recycling Plant

A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production. This facility is not a wrecking yard or a junk yard.

Restaurant (with Drive-In Service)

An establishment that prepares and sells food and beverages for immediate consumption, including cafes, coffee shops, sandwich shops, ice cream parlors, fast food, take-out, and similar uses, that has one or more drive-through lanes or drive- in spaces for ordering and dispensing food and beverages to patrons remaining in their vehicles.

Restaurant (without Drive-In Service)

An establishment that prepares and sells food and beverages for immediate consumption, including cafes, coffee shops, sandwich shops, ice cream parlors, take-out, and similar uses.

Retail, Local

Retail establishments under 25,000 sq. ft., engaged in the sale of a variety of products not elsewhere classified.

Retail, Regional

A retail establishment 25,000 sq. ft. or greater, selling a variety of goods, which are arranged into departments.

Rock Quarry, Sand, Gravel or Earth Excavation

A facility for the extraction of rocks and minerals from the earth but where the rocks and minerals are not processed on the premises.

Salon, Barbershop, or Spa

Establishments primarily engaged in providing services generally involved in the care of the person including, but not limited to, barber and beauty shops, tanning salons, nail salon, and health spas. Common services provided in such establishments may include haircuts, and coloring, waxing, threading, massage, permanent makeup, etc.

Sanitary Landfill

A permanent facility either publicly or privately-owned and operated for the purpose of disposing solid waste. Must be certified and licensed by the Texas Department of State Health Services and must abide by all current and applicable Department standards.

School

A school under the sponsorship of a public or private organization, which provides elementary, middle, and/ or secondary school curricula.

Scientific and Research Laboratory

An enclosed facility for research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment.

Short-Term Rental

A residential unit offered for rent in which sleeping accommodations in not more than 4 rooms are provided or offered for transient guests for compensation for a period not to exceed thirty (30) consecutive days. Examples include, but are not limited to, Airbnb, Vacation Rentals by Owner, HomeAway, and other brokers. Such rentals may include a shared room, a single room, or the entire dwelling unit. These uses are conducted by the homeowner or tenant, not by a hotel or other business.

Districts Where Allowed Districts where use is Permitted by Right: 2F, MF-2, MF-3, MH, SF-10, SF-20, SF-43, SF-5, SF-6

Vehicle Parking:
Based on dwelling type. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Bed & Breakfast or Short-Term Rental

a) An approved registration is required before operation of a Bed & Breakfast or Short-Term Rental within the City. Application for registration shall be made upon a form prescribed by the City of Canyon for such purpose. All approved registrations are valid for a period of one (1) year from the date of their issuance.
b) Proof of possession of the premise being registered, either by warranty deed or valid lease, is required for registration. If the applicant does not own the property where the rental unit is located, the applicant must provide written documentation, signed by the property owner before a notary public, authorizing the registrant to operate a Short-Term Rental on the premises.

i) Payment of all fees for registration renewals and proof of collection/payment of Hotel Occupancy Tax is due during the preceding registration periods.

c)   The applicant must demonstrate to the satisfaction of the Director of Planning and Development that the unit and property do not have any outstanding issues related to taxes or building, electrical, plumbing, fire, health, housing, police, planning, noise, or code enforcement. The City may inspect a unit with 24 hours’ notice.
d)   An approved short-term rental registration shall not be assigned or transferred to any person or entity. Any attempt to transfer a registration shall render the registration subject to suspension or revocation. New owners shall have 30 days from the date the change occurs to file a new registration with the City and pay the applicable fee(s).
e)   The City retains the right to suspend or remove a property registration. Once a registration is revoked the property shall not be eligible to be considered for registration for one (1) year.
f)    Suspension or removal of registration shall be at the discretion of the Director of Planning and Development for reasons including, but not limited to, the following:

i)         The applicant has given false or misleading information during the application process;
ii)        There has been a violation of any of the terms, conditions, or restrictions of this subsection;
iii)       The applicant has failed to pay the Hotel Occupancy Tax in the timely manner;
iv)       The location has received three (3) complaints from the neighboring property owners for excessive noise or traffic within a twenty-four (24) month period.

g) Continued operation following suspension or removal from the registry shall be considered a violation of these Zoning Regulations.

This information is available in the code at 3.04.A.2 (Page 30).

Sidewalk Cafe

An outdoor dining area that is associated with a restaurant; is located on a sidewalk adjacent to and within the span of the facade of the restaurant; and contains removable tables, chairs, planters or other appurtenances.

Districts Where Allowed Districts where use is Permitted by Right: RC-1, RC-2, RC-3

Vehicle Parking:
No additional parking. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Sidewalk Displays or Sidewalk Cafes

a) Sidewalk Obstructions Prohibited. Except as allowed in this section, it shall be unlawful for any person to display any goods, wares, merchandise, or commodities for sale, or to post or display signs, advertising, or other materials, upon any public sidewalk, sidewalk area, street, alley, parkway or any other right-of-way within the City.
b) License Required. Any business displaying items or operating a sidewalk cafe on public property as described in this section shall obtain an annual license from the Planning and Development Department. An application for under this section shall include:

i)         Submittal of the completed application form.
ii)        The required application fee.
iii)       A sketch of the area to be licensed including the width of the sidewalk and the location of the items to be placed on the sidewalk.
iv)       The name and address of the business to be licensed.
v)        Proof of general liability insurance coverage in the amount of $500,000 and $1,000,000 for alcoholic beverage coverage (if applicable), naming the City of Canyon as a certificate holder and additional insured.

c) Sidewalk Display. (See other Land Use)

d) Sidewalk Cafes. Sidewalk Cafes operated under this section must comply with the following:

i)         Unless otherwise required by the building official, a minimum distance of forty-eight (48) inches must be maintained between the street curb and any furniture or other appurtenances.
ii)        If the building is located at the intersection of two public streets, minimum distance of sixty (60) inches shall be provided.
iii)       Accessible routes must be maintained in accordance with the Texas Accessibility Standards.
iv)       Furniture must be freestanding and not affixed, chained, anchored, or otherwise secured to the ground or to any pole, tree, tree grate, fire hydrant, railing, or the structure.
v)        Furniture shall not be enclosed by fixed walls or other permanent structure.
vi)       Tables, chairs, and umbrellas are allowed. Other furniture such as serving stations, bar counters, shelves, racks, sofas, televisions and trash receptacles are not permitted.
vii)      All furniture and fixtures must be durable and of sufficiently sturdy construction as not to blow over with normal winds. Tables and chairs are not permitted to be plastic.
viii)    All chairs within a particular establishment’s outdoor seating area must match each other by being visually similar design, construction and color. Tables and chairs may be colored or of a natural unpainted material (i.e., wood or metal, treated to prevent rust).
ix)      Umbrella fabric must be of a material suitable for outdoor use and must be canvas-type.
x)        Furniture must be open to the air, except that a canopy conforming to the requirements of Chapters 150, 156 and other applicable portions of the City of Canyon Code of Ordinances may be constructed over a sidewalk cafe.
xi)      Any portion of a sidewalk cafe in which alcoholic beverages are served must in compliance with the Texas Alcoholic Beverage Code and applicable portions of the City of Canyon Code of Ordinances.
xii)     The operator must clean the sidewalk cafe area, adjacent sidewalk and street areas of spills, debris, litter, etc., each day or night after the sidewalk cafe has closed. Complete periodic high-pressure water cleaning of the sidewalk is also required.
xiii)    A Sidewalk Cafe shall only be in operation during the hours when the adjacent restaurant is open.
xiv)    Regardless of any terms or conditions listed in this section, the building official retains the right to relocate or remove any furniture if necessary to protect the public health, safety and welfare.
xv)     License. Any business displaying items or operating a sidewalk cafe on public property as described in this section shall obtain an annual license from the Code Enforcement Department. An application for under this section shall include:

a.    Submittal of the completed application form and associated fee.
b.   A sketch showing the area to be licensed including the width of the sidewalk and the location of the items to be placed on the sidewalk.
c.    The name and address of the business to be licensed.
d.   Proof of general liability insurance coverage in the amount of $500,000.00 and $1,000,000.00 for alcoholic beverage coverage (if applicable), naming the City of Canyon as a certificate holder and additional insured.

This information is available in the code at 3.04.C.3 (Page 32).

Sidewalk Display

The temporary outside display of finished goods for retail purposes, such as the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing.

Vehicle Parking:
No additional parking. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Sidewalk Displays or Sidewalk Cafes

a) Sidewalk Obstructions Prohibited. Except as allowed in this section, it shall be unlawful for any person to display any goods, wares, merchandise, or commodities for sale, or to post or display signs, advertising, or other materials, upon any public sidewalk, sidewalk area, street, alley, parkway or any other right-of-way within the City.
b) License Required. Any business displaying items or operating a sidewalk cafe on public property as described in this section shall obtain an annual license from the Planning and Development Department. An application for under this section shall include:

i)         Submittal of the completed application form.
ii)        The required application fee.
iii)       A sketch of the area to be licensed including the width of the sidewalk and the location of the items to be placed on the sidewalk.
iv)       The name and address of the business to be licensed.
v)        Proof of general liability insurance coverage in the amount of $500,000 and $1,000,000 for alcoholic beverage coverage (if applicable), naming the City of Canyon as a certificate holder and additional insured.

c) Sidewalk Display

i)         Except as allowed for Sidewalk Cafes, items may be displayed on publicly owned sidewalks inside an area not to exceed three (3) feet next to the front of the building and five (5) feet in height.
ii)        Display of items on public sidewalks is allowed only in conjunction with operation of an adjacent commercial business. Items displayed must be confined to that portion of the sidewalk located directly in front of the business.
iii)       Sidewalk Display of merchandise is limited to the hours of operation of the related commercial business. Merchandise and all material associated with merchandise display must be removed from the sidewalk and taken indoors upon the close of each business day. All-weather seating, flowerpots, and seasonal decorations may be left outside when the business is closed, provided they are not items for sale.
iv)       Accessible routes must be maintained in accordance with the Texas Accessibility Standards.

d) Sidewalk Cafes. (See other land use)

This information is available in the code at 3.04.C.3 (Page 32).

Single-Family Dwelling

A single-family dwelling unit with no attached wall(s) or dwelling unit(s).

Small Solar Energy System

Any device that relies upon direct sunlight as an energy source, including but not limited to any device that collects sunlight for generating energy for use on-site; used to produce power for the same property/building on which the system is located.

Districts Where Allowed Districts where use is Permitted by Right: 2F, I, MF-2, MF-3, MH, RC-1, RC-2, RC-3, SF-10, SF-20, SF-43, SF-5, SF-6

Vehicle Parking:
No additional parking. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Small Solar Energy System

a) Small Solar Energy System devices must be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard, and must meet the following applicable requirements:
b) Ground-Mounted

i) Ground-mounted Small Solar Energy Systems are considered structures and must meet applicable setbacks for the zoning district, and shall be located in the rear yard.
ii) The solar panels and supporting framework shall not extend more than six (6) feet above the existing grade.

c) Roof-Mounted

i)         Roof-mounted Small Solar Energy Systems shall be mounted as flush as possible to the roof but in any case not more than twelve (12) inches above the existing roof surface.
ii)        Roof-mounted systems must also be in compliance with the maximum building height for the applicable zoning district.
iii)       Roof-mounted systems that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch more than five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no higher than sixteen (16) inches above the roof.

d) Coverage. Roof- or building-mounted Small Solar Energy System, excluding building-integrated systems, shall not cover more than eighty (80) percent of the roof upon which the panels are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal building.

This information is available in the code at 3.04.C.4 (Page 33).

Small Wind Energy System

An aggregation of parts including, but not limited to, the base, tower, generator, rotor, blades, supports and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy.

Districts Where Allowed Districts Allowed with a Specific Use Permit: I, RC-1, RC-2, SF-43

Vehicle Parking:
No additional parking. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Small Wind Energy System

a) It shall be unlawful to construct, erect or install a Small Wind Energy System within the City limits of the City without a building permit issued by the Building Official and a Specific Use Permit issued in accordance with Section 6.05.
b) Required Plans and Specifications. In addition to the submittals otherwise required upon making an application for a building permit and an Specific Use Permit, an application for a Small Wind Energy System shall be accompanied by:

i) A plan of the proposed system, which shall include the following information and documentation:

a. A survey or scaled drawing of the site on which the proposed system will be constructed, including the property lines and physical dimensions of the applicant’s property;
b. A plan view layout of the proposed system clearly showing:

i.     The location of the proposed system, foundations and associated equipment in respect to the property on which the system is to be built;
ii.    Distance of the system to existing property lines;
iii.   Required setbacks; and
iv.   Location, dimensions and types of existing structures on the site.

c. Elevation drawings that include:

i. Tower and tower foundation drawings that depict the design and height of the proposed system; and
ii. Detailed drawings of all system components.

d. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner conforms with the City Electrical Code in effect at the time of construction.

ii) Small Wind Energy System specifications, including manufacturer, model, rotor diameter, tower height, tower type and nameplate generation capacity.
iii) Standard installation drawings of the Small Wind Energy System structure including the tower, base and footings.

c) Standards. Small Wind Energy Systems must be installed according to the manufacturer’s recommendations and under the seal of a licensed professional engineer registered in the State of Texas. The Building Official shall evaluate each permit application for compliance with each of the following standards.

i)         A Small Wind Energy System may exist only as a secondary use and shall not be erected on a lot until a principal building has been constructed.
ii)        Small Wind Energy Systems are prohibited on lots less than 3 acres in size.
iii)       Small Wind Energy System tower height shall not exceed the following:

a. Lots 3-10 acres: 60’
b. Lots 10+ acres: 80’

iv)       Taller towers shall be considered Commercial Wind Energy Systems.
v)        The tower shall be setback a distance equal to two (2) times the system height from all property lines.
vi)       The tower of any Small Wind Energy System shall be of monopole-type construction (with no guy wires for stabilizing support).
vii)      The color of all Small Wind Energy Systems shall be of neutral or earth tones. Small Wind Energy Systems shall not be finished with bright or vivid colors intended to draw attention to the structure.

d) Maintenance. Small Wind Energy Systems shall be maintained so as not to constitute an eyesore or become a roosting place for birds. The owner of the property shall maintain or otherwise ensure that the systems are maintained to keep them from wearing down, squeaking or making any noise that might be offensive to neighboring properties. Small Wind Energy Systems shall be maintained at all times according to and consistent with the manufacturer’s specifications.
e) Abandonment. Should a Small Wind Energy System cease to operate and/or function for a period in excess of 90 days, the system shall constitute an unauthorized use upon the property and it shall be the owner’s responsibility to physically remove the system. For the purposes of this section, “physically remove” shall include, but not be limited to:

i) Complete removal of the wind generator and tower and related above ground structures from the site of installation; and
ii) Restoration of the system location to its natural condition.

If the owner fails to remove the system in compliance with this section, the City shall have the authority to enter the property and physically remove the system at the owner’s expense. Costs for removal of the system shall be charged to the landowner of record and the City may place a lien on the property for such costs of removal.

This information is available in the code at 3.04.C.5 (Page 34).

Storage Warehouse

A building used primarily for the storage of goods and materials.

Studio, Art Instruction

A place offering instruction in painting, ceramics, floral design or other similar activity.

Studio, Artisan Workshop

A building or portion of a building used as a place of work by a photographer, musician or artist.

Studio, Radio or Television

A building or portion of a building used as a place for radio or television broadcasting and including typical broadcasting equipment.

Swimming Pool (Private)

A swimming pool that is built accessory to a dwelling unit and used for the enjoyment of the family living therein.

Tattoo or Piercing Studio

An establishment or facility in which tattooing and/or body piercing is performed as defined by Chapter 146 if the Texas Health and Safety Code. This does not include the tattooing of permanent makeup.

Taxidermist

An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

Temporary Batch Plant

A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Temporary Field Construction Office

Portable building or temporary building used as a field office for a real estate development or construction project and subject to removal at the direction of the Building Official.

Tennis or Swim Club

A private recreational club with restricted membership, usually of less area than a country club, but including a club house and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public.

Theater, Indoor

A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performance.

Theater, Outdoor (Drive-In)

An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Thrift Store or Donation Center

An establishment primarily engaged in selling or receiving used merchandise that has been obtained through bulk-purchases or donated merchandise. Receipt of donations must occur within an enclosed building.

Tiny House

A tiny house (sometimes called a "tiny house on wheels" or a "THOW") is a structure with up to four hundred (400) square feet in floor area excluding lofts constructed on a trailer chassis that is towable by a hitch (i.e., cannot move under its own power).

Districts Where Allowed Districts Allowed with a Specific Use Permit: 2F, SF-10, SF-20, SF-43, SF-5, SF-6

Vehicle Parking:
1 : dwelling unit. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Tiny House
The following conditions are required for permanent occupancy (i.e., more than 30 days within a 60-day period) of a Tiny House:

a)   Compliance with the International Codes, published by the International Code Council, as adopted and amended by the City of Canyon,
b)   Permanent on-site connections to electric, water, and sewer,
c)   An address and driveway, and
d)   Skirting, removal of wheels and axles, and tie-downs to a permanent foundation.

This information is available in the code at 3.04.A.5 (Page 31).

Tire Sales

A retail establishment engaged in the sale and/or installation of tires for vehicles.

Tobacco or Vape Shop

A shop that specializes in the sale of tobacco, cigars, cigarettes, electronic cigarettes, electronic vapor devices, hookahs, or other tobacco products.

Townhome

A group of three (3) or more attached single-family units that shares at least one (1) common or party wall with another unit. Each unit is located on an individually platted lot, and subject to a party wall agreement with the adjacent owner.

Districts Where Allowed Districts where use is Permitted by Right: MF-2, MF-3 Districts Allowed with a Specific Use Permit: 2F, SF-5

Vehicle Parking:
2 : dwelling unit. For more information on parking, see 4.07 Off-Street Parking (page 49).

Development Requirements:
Townhome
No side yard setback is required for the interior side(s) of Townhomes, subject to the following:

a)   Lot widths for Townhomes on separate lots shall be reduced to 20 feet, with a minimum lot area as needed to meet the minimum lot depth.
b)   Front yard setbacks shall be reduced to 20 feet.
c)   Exterior side yard setbacks must comply with the applicable zoning district requirements.
d)   Townhomes must be platted on separate lots.

This information is available in the code at 3.04.A.6 (Page 31).

Trade or Vocational School

Trade schools and commercial schools offering training or instruction in a trade, art, or occupation.

Truck Repair and Overhaul

An establishment providing major and minor automobile services to heavy load vehicles.

Trucking Terminal

An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to shipment.

Urgent Care or Emergency Room

A standalone facility, outside of a hospital setting, that provides immediate or emergent medical treatment on a strictly outpatient basis. Patients are generally treated on a walk-in basis and services are not intended for long-term or overnight care.

Welding or Machine Shop

A workshop where metal fabrication tools, including, but not limited to, lathes, presses, and mills, are used for making, finishing, or repairing machines or machine parts.

Wholesale Distribution Center

A permanent facility for the storage of products, supplies, and equipment offered for wholesale distribution (not for direct sale to the general public).

Wholesale Office and Sample Room

A building that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall not exceed fifty (50) percent of the total floor area. This designation does not include contractor's shop and storage yard.

Wrecking or Salvage Yard

Any lot upon which two (2) or more motor vehicles of any kind which are incapable of being operated due to condition or lack of licenses have been placed for the purpose of obtaining parts for recycling or resale. Building materials, scrap metal, or any other kind of salvage shall also be included in this definition.

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MapLink™ | Land Uses

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City of Canyon, TX

MapLink™ | Land Uses