(a)　　　Purpose of district.　 The Neighborhood Business District is intended to permit a limited area of service establishments and retail stores for the benefit of adjacent and nearby residential development, in which district all trade is conducted indoors and in such a manner as to be capable of placement adjacent to residential districts without changing the character of the latter. When combined with the PD Planned Development District, less restrictive uses may be grouped together with uses permitted in this district to provide awider variety of neighborhood services.　

(b)　　　Permitted uses.　 The following are the only permitted uses within the NB Neighborhood Business District and are subject only to the general controls of this section and to such other sections as are applicable:　

(1)　　　Convenience food stores occupying no more than three thousand (3,000) square feet;

(2)　　　Specialty shops;

(3)　　　Personal services (no massage parlors);

(4)　　　Churches, colleges, public schools and educational institutions offering programs equivalent to public school grades, post offices and schools for the teaching of applied arts;

(5)　　　Veterinary clinics of up to three thousand (3,000) square feet floor space, excluding overnight boarding of animals;

(6)　　　Public buildings, fire stations, water wells, water storage and pumping facilities, government offices and public libraries;

(7)　　　Professional offices and clinics;

(8)　　　Pharmacies.

(c)　　　Conditional uses.　 Any use allowed in R-2, O-1 or O-2 zoning as a permitted use, subject to the district general regulations where such uses are so allowed.　

(d)　　　General conditions.　

(1)　　　Area requirements:　

a.　　　Minimum lot size. Every lot within this zoning district shall be at least twelve thousand five hundred (12,500) square feet in area.

b.　　　Minimum lot width. Every lot within this zoning district shall be at least one hundred twenty-five (125) feet in width, measured at the front building line.

c.　　　Maximum coverage. No more than thirty (30) percent of the total area shall be covered by buildings.

(2)　　　Outdoor activities and uses:　 No outdoor activities or uses shall be permitted in the neighborhood business district other than accessory parking and loading and the placement and servicing of refuse containers for permitted uses.　

(3)　　　Yard requirements:　 Every lot within this district shall have exterior yards of at least twenty-five (25) feet, side yards of at least fifteen (15) feet and a rear yard of at least twenty-five (25) feet, subject to provisions of section 27-21(b)(4). Provided, however, if side yards do not abut R-1, R-2, R-3, FP or U zones, such side yards may be eliminated.　

(4)　　　Height restrictions:　 No building shall exceed thirty-five (35) feet in height.　

(5)　　　Screening and fencing:　 Screening and fencing shall be provided and maintained as set forth in section 27-21.　

(6)　　　Parking and loading:　 Parking and loading shall be subject to the general requirements of section 27-20 and Table 20-3.　

(7)　　　Signs:　 Subject to the general restrictions of section 27-22.　

(8)　　　Reserved.　

(9)　　　Refuse containers:　 All refuse and refuse containers shall be screened from view of all public streets.　

(10)　　　Exterior wall surfaces:　 All buildings shall have exterior walls of not less than seventy-five (75) percent masonry surface.　

(11)　　　Landscaping:　 In addition to paved parking and driving areas, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. If all or a portion of the parkway is maintained in landscaped open area, such landscaped portion shall reduce the amount of required landscaped area on the lot at the rate of two (2) square feet of landscaped parkway area for each required one (1) square foot of landscaping on the lot.　

(12)　　　Noise:　 No noise of activities conducted within the business shall be discernible above the ambient noise level at the property line.　

(13)　　　Environmental controls:　 Subject to requirements of section 27-21.　

(e)　　　Planned development regulations:　

(1)　　　NB PD uses shall be subject to NB general conditions; provided, however, that the following NB general conditions may be specifically modified by the site plan or ordinance adopting such site plan:

a.　　　Minimum lot size;

b.　　　Minimum lot width;

c.　　　Yard requirements;

d.　　　Maximum building height;

e.　　　Access;

f.　　　Building to lot ratio;

g.　　　Maximum lot coverage;

h.　　　Parking and loading;

i.　　　Sign regulations;

j.　　　Landscape regulations;

k.　　　Exterior wall surface;

l.　　　Screening requirements.

(2)　　　When a residential use is allowed by the site plan, the maximum density shall not exceed twelve (12) dwelling units per acre, or such lower density as may be established by the site plan adopted by ordinance.

(Code 1969, Ch. 27, §§ 10.1, 10.2, 10.4--10.6; Ord. No. 1204, § 1, 8-25-87; Ord. No. 1306, § 1, 11-27-90; Ord. No. 1763, § 8, 3-13-01; Ord. No. 1764, § 3, 3-13-01)

It is the intent and purpose of this chapter to provide a safe and healthy environment within the city for both animals and people. While a person may own and keep animals within the city, the conduct of those animals and the conditions in which the animals are kept should not infringe on the surrounding homes and their inhabitants.

(Ord. No. 1280, § 1, 4-10-90)

As used in this chapter, the following words and phrases listed herein shall have the meaning ascribed to them below:

Abuse:　 To mistreat through intent or neglect any animal, fowl, livestock or wildlife in a manner that causes or is likely to cause stress or physical injury or as otherwise stated in this chapter.　

Animal:　 Any living creature other than Homo Sapiens. Unless indicated otherwise, the term shall include livestock, fowl and wildlife as well as dogs, cats and other creatures commonly owned as pets.　

Animal control office:　 The office of the city which is primarily responsible for the enforcement of regulations regarding animals. Also referred to in this chapter as　 ACO.　

Animal control officer:　 Any employee of the city attempting to carry out the provisions of this chapter.　

Animal shelter:　 A facility designated by the city council to be used for the impoundment of animals, fowl, livestock and wildlife taken up by the ACO officers. Sometimes referred to as　 shelter.　

Authority:　 See　 Local health authority.　

Brand:　 A mark made on the skin of any animal which indicates the ownership of the animal. Typically used with livestock.　

Cat:　 The male and female of any domesticated member of the feline species of animals.　

Circus:　 A commercial variety show featuring animal acts for the public.　

City:　 The City of Hurst.　

Commercial animal enterprise:　 A commercial enterprise or business that involves the sale, trade or performance of animals or involves providing a service by animals or involves providing a service by animals or for animals. It is an enterprise that involves the exchange of money or some other item of value. Includes pet stores, kennels and similar businesses as well as the breeding of animals for sale or trade.　

Day:　 A workday; excludes Saturday, Sunday and holiday.　

Distance between structures:　 Where a minimum setback or distance between any enclosure for animal, fowl or livestock from a residence is required, it shall mean the most direct line distance between the two (2) structures unless otherwise provided.　

Dog:　 The male and the female of any domesticated member of the canine species of animal.　

Fish:　 Any of the cold-blooded animals that extract oxygen from water through the use of gills.　

Fowl:　 All birds, e.g., chickens, turkeys, pheasants, quail, guineas, geese, ducks, peafowl and other domestic feathered creatures and nondo-mestic feathered creatures, regardless of age or sex.　

Governmental entity:　 An agency of political subdivision of the State of Texas or an agency or department of the federal government.　

Harbor:　 Any animal, fowl, livestock or wildlife shall be deemed harbored if it is fed, sheltered or maintained for three (3) days or more.　

Livestock:　 Regardless of age, sex or breed: Horses and all equine species, including mules, donkeys and jackasses; cows and all bovine species; sheep and all ovine species; llamas; goats and all caprine species; and pigs and all swine species.　

Local health authority:　 The senior animal control officer.　

Marine animal:　 Any animal, other than a mammal or bird, that lives in a marine environment.　

Neutered:　 Any animal, male or female, rendered incapable of breeding or being bred, i.e., castration in the male and spaying or ovariectomy in the female.　

Owner:　 Any person, partnership, association, company or corporation owning, keeping, maintaining, harboring or having the care, custody or control of one (1) or more animals, fowl, livestock or wildlife.　

Performing animals:　 Any spectacle, display, act or event in which animals, fowl, livestock or wildlife perform.　

Person:　 An individual, partnership, associate, company or corporation.　

Residence:　 Any place of human habitation at anytime, day or night, including but not limited to any residence, church, school, convalescent center or nursing home.　

Restrained:　 Any animal, fowl, livestock or wildlife secured by a leash of some sort or confined within the property limits of its owner.　

Tag:　 A vaccination tag attached to a collar as required by this chapter or some other permanent identifying device attached to a collar or to an animal.　

Tattoo:　 A permanent mark which is made on the skin of any animal by puncturing the skin and inserting indelible color and which is used to show ownership.　

Vaccination:　 An injection of a vaccine for rabies administered by a licensed veterinarian or at an approved antirabies clinic.　

Veterinarian:　 Any person duly licensed to practice veterinary medicine by the Texas Board of Veterinary Examiners or who is exempt from such licensing.　

Wild animal　 or　 wildlife:　 Any nondomestic creature (mammal, amphibian, reptile or fowl) which is of a species which is wild by nature, which can normally be found in a wild state and which is not naturally tame or gentle or which, because of its size, vicious nature and other characteristics, constitutes a danger to human life or property. Such creatures shall include but are not limited to all animals prohibited by the State of Texas or federal law and shall include but are not limited to the following animals:　

(1)　　　Class mammalia:　 Order carnivora, family felidae (such as lions, tigers, jaguars, leopards and cougars) except commonly accepted domesticated cats and hybrids involving same; family canidae (such as wolves, coyotes and fox) except domesticated dogs and hybrids involving the same; family mustelidae (such as weasels, martins, fishers, skunks, wolverines, mink and badgers) except ferrets; family procyonidae (such as raccoons); family ursidae (such as bears); order primata (such as monkeys and chimpanzees); and order chiroptera (such as bats).　

(2)　　　Reptiles:　 Poisonous reptiles, cobras and their allies (elapidae, hydrophiidae); vipers and their allies (crotiladae, viperidae); Boonsland and Kirtland's tree snakes, gila monsters (heleodermatidae); and crocodiles, alligators and their allies (order loricata).　

(3)　　　Spiders:　 Brown recluse (loxosceles) and black widow (latrodectus) spiders.　

Zoological park　 or　 zoo:　 Any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of animals, fowl, livestock and wildlife, operated by a person, partnership, company or corporation or under the auspices of a governmental entity.　

(Ord. No. 1280, § 1, 4-10-90)

(a)　　　The provisions of this chapter may be enforced by animal control officers, police officers, park rangers and such other persons as are designated by the city.

(b)　　　It shall be unlawful for any person to interfere with, obstruct, resist or oppose any animal control officer or other person authorized to enforce the provisions of this chapter while such person is apprehending an animal or performing any other duties. It shall be unlawful to take or attempt to take any animal from any animal control officer or from any vehicle used by the officer to transport any animal or to take or attempt to take any animal from the animal shelter or other kennel or confinement area used to impound an animal without proper authorization.

(c)　　　In all instances of a violation of any provision of this chapter, whether the animal is impounded or not, the owner or keeper of such animal may be cited by an officer who has the authority to enforce this chapter for any violation of this chapter.

(Ord. No. 1280, § 1, 4-10-90)

This chapter is declared to be necessary as a public health measure, and violation shall be punished as provided by section 1-5 of this Code.

(Ord. No. 1280, § 1, 4-10-90)

Secs. 4-5--4-9. Reserved.