General
Definitions:
Accessory Building or Use.
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building; or a use
customarily incident to the main use of the property. A building housing
an accessory use is considered an integral part of the main building
when it has any part of a wall in common with the main building, or
is under an extension of the main roof and designed as an integral
part of the main building.
Adopted Policies.
A written administrative directive discussed at a public
meeting and officially adopted by a majority vote of the City Council.
Agricultural Building.
A structure designed and constructed to store farm implements
or hay, grain[,] poultry, livestock, fruit, and other agricultural
products. These buildings are not to contain any residential use or
be open to the public.
Agriculture.
The planting, cultivating, harvesting and storage of grains,
hay or plants, or vineyards, commonly grown in Dallas County. The
raising and feeding of livestock and poultry shall be considered an
agricultural venture if the area in which the livestock or poultry
is kept is three (3) acres or more in area, and if such raising of
livestock and poultry is incidental or supplemental to the raising
of crops and is not primarily for the raising or fattening of livestock.
A feedlot used exclusively for the fattening of livestock is not considered
an agricultural use.
Alley.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street;
it is also public space or way, 20 feet or less in width, which has
been dedicated or deeded for public use.
Alteration.
Any addition, removal, extension, or change in the location
of any exterior wall of a main building or accessory building, or
change or modification in construction or occupancy.
Alteration to a Sign.
Any change of copy, sign face, color, size, shape, illumination,
position, location, construction, or supporting structure of any sign.
Antenna
means a device or apparatus consisting of one or more wires,
rods, dish or panels arranged to send and receive radio, television,
electromagnetic or microwave signals. For purposes of this section,
several antenna components may be assembled to perform a single function
for a single operator and may be considered one (1) antenna.
Antenna–Accessory
means an antenna for the purpose of transmitting, retransmitting
and/or receiving radio, television, electromagnetic or microwave signals
as part of and directly related to a principal activity within an
office, retail or industrial building and which itself is not a principal
use or unrelated to any principal use on the property.
Antenna–Commercial
means an antenna for the purpose of transmitting, retransmitting
and/or receiving radio, television, cellular, electromagnetic or microwave
signals, and any other similar technology, primarily for the purpose
of operating a business and/or for financial gain. A commercial antenna
may be either mounted or freestanding as described below [in section
4.02(k)].
Antenna Mast.
Definitions. For the purpose of this division an antenna
mast is defined as an antenna, mast or tower, or all or any two (2)
of these combined to constitute a structure designed for radio and
television reception or transmission.
Antique Shop.
A retail or wholesale establishment engaged in the selling
of works of art, architectural antiques, furniture and/or other artifacts
which are over fifty (50) years old and that are in clean, operable
and saleable condition (i.e., not junk), with all sales and storage
occurring inside a building. An antique shop is differentiated from
a "used merchandise store," a "resale shop" or a "consignment shop"
in that it does not market common, contemporary used household goods,
clothing or furnishings - rather, it deals primarily in vintage and
nostalgia items (generally over 50 years old) and in antiquities (generally
over 100 years old) from past eras.
Apartment.
A room or suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit
and who do their cooking therein. (See Dwelling Unit)
Apartment Hotel.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
Associated Recreation.
Recreational uses which are an integral part of a common
ownership or associated with high density residential development
(example: Homeowners' Association with a private club, swimming pool,
and tennis courts).
Authorized Agent.
An architect, builder, developer, or any person empowered
to act on behalf of other persons.
Automobile Repair, Major.
Major repair, rebuilding or reconditioning of engines, transmissions,
or other major components for motor vehicles; collision services including
body, frame, or fender straightening or repair; customizing; overall
painting or paint shop; automotive glass and upholstery; those uses
listed under "Automobile Repair, Minor," and other similar uses. All
repair work shall be performed inside an enclosed building. Vehicles
shall not be stored on-site longer than 90 days.
Automobile Repair, Minor.
Minor repair or replacement of parts, tires, tubes, and batteries;
diagnostic services; minor motor services such as grease, oil[,] spark
plugs, and filter changing; tire alignment; tune-ups, emergency road
service; replacement of starters, alternators, hoses, brake parts,
mufflers; performing state inspections and making minor repairs necessary
to pass said inspection; servicing of air conditioning systems, and
similar minor services for motor vehicles except heavy load vehicles,
but not including any operation named under "Automobile Repair, Major"
or any other similar use. All work must be performed inside an enclosed
building. Vehicles shall not be stored on-site for longer than 14
days.
Basement or Cellar.
A story having more than one-half (1/2) of its height below
the average level of the adjoining ground. A cellar shall not be counted
as a story for the purposes of height measurement.
Bed and Breakfast.
A single-family owner-occupied house offering rooms with
breakfast on a nightly basis for a fee.
Block.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys. In cases where the platting is incomplete
or disconnected, the Building Official shall determine the outline
of the block.
Board.
The Board of Adjustment of the City.
Boarding Home.
A dwelling unit, other than a hotel or motel, where lodging
and community meals, light housework, meal preparation, transportation,
grocery shopping, money management, laundry services, or assistance
with self-medication are provided to three (3) or more persons for
compensation.
Buffer.
A visual screen constructed of wood, concrete block, masonry,
or landscape material including earthen berms in such a manner that
adjacent property will be screened from the use contemplated, so noise,
solid waste, or other objectionable influences will be avoided. Such
buffer shall be horizontal to the ground, opaque, and a minimum of
six (6) feet in height.
Buildable Area.
The "buildable area" of the lot is the maximum amount of
allowable space upon which a structure or building may be erected,
after meeting the coverage, yard and other requirements of this Ordinance.
Building.
An enclosed structure, anchored to permanent foundation,
and having exterior or party walls and a roof, designed for the shelter
of persons, animals, or property. When divided by other than common
or contiguous walls, each portion or Section of such building shall
be regarded as a separate building, except that two buildings connected
by a breezeway shall be deemed as one building. Parking structures
shall not be considered as buildings when calculating building coverage.
Building Area.
The building area of the lot is the gross area covered by
the structures when placed on the lot.
Building Coverage.
Percentage of the lot that is occupied by the building area.
Parking structures shall not be included in the calculations for coverage
requirements.
Building Height.
The height of the building shall be measured from the average
elevation of the finished grade along the front of the building to
the highest point of the roof or parapet of the building if it is
a flat, mansard or shed roof; or to the midpoint of the roof if it
is gable, hip or gambrel roof.
Building Official.
The duly authorized employee or representative of the City
charged with implementation, inspection and enforcement of the building
codes.
Building, Principal.
A principal building is one in which a main use of the lot
on which it is located is conducted.
Building Setback Line.
A line defining an area on the building lot between the street
right-of-way line and all other property lines and the building line
within which no building or structure shall be constructed (also referred
to as a "yard"), encroach or project except as specifically authorized
in an adopted ordinance of the City of Lancaster. In the GR, C, CBD,
HC, RT, LI, HI districts, underground parking garages shall not be
required to meet side or rear setback requirements, but may be constructed
from lot line to lot line.
Caliper.
Caliper means the diameter of the trunk measured six inches
above ground level up to and including four-inch caliper size, and
measured 12 inches above ground level if the measurement taken at
six inches above ground level exceeds four inches. If a tree is of
a multi-trunk variety, the caliper of the tree is the total caliper
of all of its trunks at the elevation being measured.
Carport.
A structure which is open on at least 2 sides, covered with
a roof and constructed specifically for the storage of one or more
automobiles; utility room may be included.
Certificate of Occupancy.
A certificate issued by the Zoning Administrator or his authorized
representative stating that the proposed use of the land and/or building
conforms to the requirements of this Ordinance.
Check Cashing Business/Credit Agency or Similar Financial Institution.
A check cashing business, credit agency or similar financial
institution, e.g., payday advance/loan businesses or car title loan
businesses, defined as:
An establishment that provides to the customer an amount
of money that is equal to the face of a check or the amount specified
in the written authorization for an electronic transfer of money,
less any fee charged for the transaction, and where there is an agreement
not to cash the check or execute an electronic transfer of money for
a specified period of time, the business of cashing checks, warrants,
drafts, money orders, or other commercial paper serving the same purpose
for compensation by any person or entity other than a retail seller
engaged primarily in the business of selling consumer goods, including
consumables, to retail buyers, that cashes checks or money orders,
or issues money orders or money transfers for a minimum flat fee as
a service that is incidental to its main purpose or business, provided
such retailer does not cash more than 100 checks in any calendar month;
an establishment that makes small consumer loans, usually backed by
a postdated check or authorization to make an electronic debit against
an existing financial account, where the check or debit is held for
an agreed-upon term, or until an applicant's next payday, and then
cashed unless the customer repays the loan to reclaim such person's
check; an establishment that makes small consumer loans that leverage
the equity of a car or other vehicle as collateral where the title
to such vehicle is owned free and clear by the loan applicant and
any existing liens on the car or vehicle cancel the application. The
loan terms are often for 30 days and failure to repay the loan or
make interest payments to extend the loan allows the lender to take
possession of the car or vehicle. This definition excludes a state
or federally chartered bank, savings and loan association or credit
union, pawnshop or grocery store.
NOTE: These uses will only be allowed with a Specific Use
Permit (SUP) in the MI (Medium-Industrial) and the CS (Commercial
Services) zoning districts in a freestanding building developed in
accordance with the provisions of this Ordinance and shall not be
co-located in the same structure as other uses. No lot/parcel containing
this use will be allowed within 2,000 lineal feet from any other lot/parcel
containing this similar use (as measured in a straight line between
the nearest points of one property line to another property line).
No lot/parcel containing this use will be allowed within
500 lineal feet of any residentially zoned property or property used
for residential use, or within 1,000 lineal feet of East Interstate
35, Interstate 20 including the service roads and any major or minor
arterial as designated by the adopted City of Lancaster Thoroughfare
Map (as amended).
City.
The City of Lancaster, Texas.
Clinic.
An institution, public or private, or a station for the examination
and treatment of outpatients by a group of doctors, dentists, opticians,
ophthalmologists, orthopedists, or other similar professional physicians.
CLTA.
Council of Landscape Tree Appraisers
Cluster Development.
A method of development of land that permits variation in
lot sizes without an increase in overall density of population or
development, and results in a commonly held and accessible amenity.
This remaining space must be preserved for public or neighborhood
accessible open space, or the preservation of historically or environmentally
sensitive features as a community resource. (See Conservation Development.)
Cold Storage Plant.
A commercial establishment where foods are stored either
in lockers, rented or leased, or in vaults in bulk for distribution
to the home or other commercial businesses. There is no slaughtering
of animals on the premises.
Commercial Amusement.
Any enterprise whose main purpose is to provide the general
public with amusing or entertaining activities, where tickets may
be sold or fees may be collected at the gates of the various rides,
contests, games, exhibits, or other similar activities. Commercial
amusements include zoos, exhibitions, expositions, athletic contests,
rodeos, tent shows, ferris wheels, children's rides, roller coasters,
skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors,
video arcades and similar enterprises but does not include theaters
and auditoriums.
Establishments that contain more than four (4) coin-operated
machines as defined by City Ordinances and/or more than one (1) pool
table are hereby defined to be commercial amusements and shall meet
the requirements for such uses as set forth in this ordinance.
Commission.
The Planning and Zoning Commission of the City of Lancaster,
Texas.
Comprehensive Plan.
The Comprehensive Plan of the City of Lancaster and includes
any unit or a part of such unit separately adopted and any amendment
to such plan or parts thereof.
Condominium.
A multi-family dwelling unit, within which designated dwelling
units are conveyed fee simple title, with an undivided interest in
the building's common elements, to include, but not be limited to,
halls, stairs, elevators, roof, parking space, and the land when the
building is not constructed on leased land.
Conservation Development.
A development design technique that concentrates buildings
in specific areas on a site to allow remaining land to be used for
recreation, common open space, or the preservation of historically
or environmentally sensitive features. (See Cluster Development.)
Convenience Store/Mini-Mart.
A small-scale retail store of at least 1,000 square feet,
but no larger than 5,000 square feet, in total building square footage
which primarily sells groceries, tobacco products, sundries/toiletries,
household and other non-food items, newspapers and magazines, candy
and snacks, prepackaged (i.e. not cooked or prepared on-site) convenience
food items such as sandwiches and salads, heated fast-food items (such
as hot dogs, etc.), for off-site use and consumption.
Convenience Store/Mini-Mart Drive-Through
(vehicular drive-through) shall mean a convenience store/mini-mart,
as defined herein, with the ability for a motor vehicle to enter and
drive through a structure or building with said vehicle, and consummate
or offer the purchase, delivery or combination thereof of prepackaged
beverages, prepackaged food, or prepackaged groceries or perishable
items.
Convent or Monastery.
A building or group of buildings designed to provide group
housing for persons under religious vows or orders.
Court.
An open unoccupied space, other than a yard, on the same
lot with a building and which is bounded on two (2) or more sides
by the building.
Curb Level.
The level of the established curb in front of the building
measured at the center of such front, or in the case of a corner lot,
along the abutting street where the mean curb level is the highest.
Where no curb has been established, the City Engineer shall establish
such curb or its equivalent for the purpose of this Ordinance.
Density.
The ratio of dwelling units per gross acre of platted area
being developed.
Director.
The Director of Community Development for the City of Lancaster.
District.
A zone or geographic area within the municipality within
which certain zoning or development regulations apply.
Drive-In Eating Establishments.
Any structure and premises specifically designed for the
preparation and dispensing of food and meals for consumption either
indoors or in a vehicle parked on the premises or taken away for consumption.
Drive-In Service (also includes Drive-Up Service).
A facility that is designed to allow customers to obtain
goods in predominantly disposable containers while remaining in their
vehicles via an employee who physically delivers such goods inside
or outside the facility to their vehicles (does not include convenience
services such as a remote banking, pharmacy or dry cleaners drive-in
facility where only services or non-consumables are distributed).
A drive-in service facility shall have one on-site vehicular parking
space for each order/dining station plus additional on-site parking
in accordance with Zoning Ordinance requirements for the primary use,
and vehicular stacking as provided in Section 6.03, and shall not
provide food or beverage service to vehicles parked off-site or within
public rights-of-way.
Dwelling Unit.
Any building or portion thereof which is designed for or
used primarily for residential occupancy, but not including hotels,
boarding houses or mobile homes, trailers, motor coaches or other
recreational vehicles.
a.
Single-Family:
A building designed for and/or occupied exclusively by one
(1) family as a separate dwelling unit.
b.
Duplex:
A building designed and/or occupied exclusively by two (2)
families living independently of each other.
c.
Triplex:
A building designed for and/or occupied exclusively by three
(3) families living independently of each other.
d.
Fourplex:
A building designed for and/or occupied exclusively by four
(4) families living independently of each other.
e.
Multiple:
A building designed for and/or occupied exclusively by five
(5) or more families living independently of each other.
f.
The determination of whether one family is living independently
of another is based on one or more of the following criteria:
1)
Separate sanitary facilities.
2)
Separate kitchen facilities.
Empty-Nester Unit.
A residential unit type that is targeted to singles, empty-nesters
and retirees, which generally requires a minimum of maintenance and
is smaller than typical single-family homes. (See Article V.3.1.a.l
[section 5.03(a)(1)A])
Exception.
Relief from or variation of the provisions of these regulations,
other than Use Regulations, as applied to a specific piece of property,
as distinct from a Variance or rezoning, which may be granted by the
Director, the Planning and Zoning Commission or the City Council as
specified in this Unified Development Code. (See "Variance" and "Temporary
Waiver.")
Family.
One or more persons related by blood, marriage, or adoption;
or a group not to exceed four (4) persons not all related by blood
or marriage, adoption or guardianship, occupying a dwelling unit.
Fence.
An enclosure or barrier for the purpose of enclosing space
or separating lots, composed of masonry or concrete walls, excluding
retaining walls; or wood, metal, or concrete posts connected by boards,
rails, panels, wire, or mesh.
Filling, Retail Service Station.
An establishment where gasoline, oil and grease, or automobile
accessories are sold, supplied or dispensed to the vehicle trade or
where motor vehicles receive limited repair, are equipped for service,
or where electric storage batteries are recharged and cared for, or
a place where any two or more such activities are carried on or conducted
as the principal use of the establishment. (The storage, sale, lease,
or rental of more than one (1) boat or mobile home, or more than five
(5) hauling trailers is prohibited.)
Flea Market/Secondhand Dealer/Swap Meet.
The sale or trade of used merchandise customarily involving
tables or space leased or rented to vendors either in the open air
or in a building. This does not include a used merchandise establishment
or an antique store.
Floor Area Ratio.
The relationship of the gross floor area of all buildings
on a lot to the total lot area. Parking structures shall be excluded
in the calculation of the floor area ratio.
Frontage.
All the property abutting on one (1) side of a street between
two (2) intersecting streets, measured along the street line.
Garage, Commercial.
A commercial garage is any premises and structures used for
housing more than three (3) motor-driven vehicles or where any vehicles
are kept for remuneration, hire, or sale and where a retail service
station may be maintained as a secondary use.
Garage, Community.
A building or portion thereof, other than a public, private
or storage garage as defined below, providing storage for motor vehicles
with facilities for washing, but no other services, such garage to
be in lieu of private garages within a block or portion of a block.
Garage, J-Swing.
A "J-swing" garage is accessed by the front street, but the
garage entry faces parallel [perpendicular] to the street.
Garage, Public.
A building or portion thereof, designed or used for the storage,
sale, hiring, care or repair of motor vehicles, which is operated
for commercial purposes.
Garage, Pull-Through.
A "pull-through" garage shall mean a garage that is sited
at the rear of a lot and behind the principal structure that requires
a driveway adjacent to the principal structure to connect the garage
with the street fronting the principal structure.
Garage, Storage.
A building or portion thereof, except those defined as private,
a public, or a community garage providing storage for more than four
(4) motor vehicles, with facilities for washing but no other services.
Grocery Store.
A retail store where a minimum of 50 percent of the floor
area or more than 25,000 square feet of floor area is devoted to food
items including, but not limited to, fresh produce, fresh meats, fresh
dairy products and prepackaged foods.
Grocery Store Drive-Through
(vehicular drive-through) shall mean a retail establishment
which primarily sells food, but also may sell other convenience and
household goods, and which occupies at least 5,001 square feet of
gross floor area and has the ability for a motor vehicle to enter
and drive through a structure or building with said vehicle, and consummate
or offer the purchase, delivery or combination thereof of prepackaged
beverages, prepackaged food, or prepackaged groceries or perishable
items.
Group Housing Project.
A dwelling project consisting of three (3) or more buildings,
to be constructed on a plot of ground which is not subdivided into
customary streets or lots, or where the existing or contemplated street
or streets or lot layouts make it impractical to apply the requirements
of this Ordinance to the individual building units in such housing
project.
Guest House.
An accessory building designed for the temporary occupancy
of guests of the primary dwelling for which there is no remuneration
and is not rented or otherwise used as a separate domicile.
Height of Yard or Court.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
Home Occupations.
A "home occupation" is a commercial use customarily carried
on in the home by members of the occupant family without structural
alterations in the principal building or any of its rooms, without
offering any commodity or service for sale on-premises, without the
installations of machinery or additional equipment other than that
customary to normal household operations, without the employment of
additional persons, without the use of a sign to advertise the occupations,
and which does not cause the generation of other than normal noise,
and pedestrian and vehicular traffic.
Hospital, Sanitarium, Nursing or Convalescent Homes.
A building or any portion thereof, used or designed for the
housing or treatment of the sick, mentally ill, injured, convalescent
or infirm persons; provided that this definition shall not include
rooms in any residential dwelling, hotel, or apartment hotel not ordinarily
intended to be occupied by said persons.
Hotel.
A building occupied or used as a temporary abiding place
of individuals or groups of individuals who are lodged, with or without
meals, and in which there are more than twelve sleeping rooms, and
no provisions for cooking in individual rooms.
Impervious Cover.
Roads, parking areas, buildings and other impermeable construction
covering the natural land surface that prevent absorption of the water.
Water quality basins, swells [swales] and other conveyances for overland
drainage shall not be calculated as impervious cover.
Institutional Use.
A nonprofit organization or building, public or private,
for the benefit of the public including YMCA, YWCA, Boys Clubs, Scouts;
educational facilities and schools, including day-care centers and
kindergartens; churches, temples, cemeteries, mausoleums or crematories
for the deposit of the human dead; hospitals, civic clubs, private
parks, private libraries, museums, etc.
Kennel.
Any premises in which more than 3 dogs or 3 cats or 3 other
domesticated animals over the age of three months, not including livestock
or poultry, are housed, boarded, raised, or trained as a commercial
enterprise. This definition does not include pet shops.
Kindergarten.
A school for more than five (5) children of preschool age,
in which constructive endeavors, object lessons or educational games
are prominent features of the curriculum.
Kiosk Program.
A program established by the City of Lancaster to provide
signage to community facilities, parks and new home developments.
(See also "Signs, Kiosk)
Landscaping.
Trees, shrubs, ground cover, earthen berms, vines, grass,
water, decorative features such as fountains, or other material approved
by the City Council.
Loading Space.
A space within the main building or on the same lot therewith,
providing for the standing, loading, or unloading of trucks and having
a minimum dimension of twelve (12) by thirty-five (35) feet and a
vertical clearance of at least fourteen (14) feet.
Loft.
Flexible floor space above the ground level of a building
(generally a commercial building) which is used for living or live-work
uses.
Lot.
An undivided tract or parcel of land having frontage on a
public street, or upon an approved open space, having direct street
access, and which is, or in the future may be, offered for sale, conveyance,
transfer, or improvement, which is designated as a distinct and separate
tract, and which is identified by a tract or lot number or symbol
in a duly approved subdivision plat which has been properly filed
of record.
Lot Area, Minimum.
Includes internal sidewalks, recreation areas, floor space,
parking area, open space and utility easements, but does not include
any public right-of-way street easements, or alley easements.
Lot, Corner.
A lot abutting upon two or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the Building Official,
or as specified on an approved plat.
Lot Depth.
The length of a line connecting the midpoints of the front
and rear lot lines.
Lot, Interior.
A lot whose side lot lines do not abut upon any street.
Lot, Irregular.
Any lot not having equal front and rear lot lines, or equal
side lot lines; a lot, the opposite lot lines of which vary in dimension
and the corners of which have an angle of either more or less than
ninety (90) degrees. A lot fronting on a sharp curve or cul-de-sac.
Lot Lines.
The lines bounding a lot as defined herein.
a.
Front Lot Line. The property line between
the front yard and the contiguous street right-of-way boundary.
b.
Rear Lot Line: The boundary line which
is opposite and most distinct from the front street line; except that
in the case of uncertainty the Building Inspector shall determine
the rear line.
c.
Side Lot Line: The property line between
two adjacent lots or between the side yard and the contiguous street
right-of-way boundary on corner lots.
Lot of Record.
A parcel of land which is part of a subdivision, the map
or plat of which has been recorded in the office of the County Clerk
of Dallas County; or a parcel of land not a part of an urban or town
lot subdivision, the deed of which has been recorded in the office
of the County Clerk of Dallas County prior to the adoption date of
this Ordinance, which has not been divided since recording.
Lot, Reverse Corner.
A corner lot whose front line faces at right angles to the
front lot lines of the interior lots or whose rear lot line abuts
the side lot lines of interior lots.
Lot Width.
The horizontal distance between side property lines, measured
at the front setback line.
Maneuvering Space.
The space entirely on private property required for maneuvering
vehicles in such a manner as to preclude the backing of any vehicle
into any street right-of-way.
Masonry.
Masonry construction shall be defined as construction composed
of materials in the categories listed below [sic] and shall not include
hollow clay tile or exposed lightweight block such as cinder block.
Microbrewery/Brewpub.
A food service establishment ("dine-in" only, no drive-through,
drive-in or walk-up service) that also brews no more than 5,000 barrels
of malt beverages (such as beers and ales) annually on the premises
solely for on-site consumption by patrons (i.e. no carry-out or drive-through
beverage sales), provided the establishment has all applicable local,
state and federal permits/licenses for such. The area used for brewing
operations shall not exceed twenty-five percent (25%) of the floor
area of the establishment.
Mini-Warehouse.
A mini-warehouse (or self-storage facility) is an enclosed
storage facility containing independent, fully enclosed bays that
are generally leased to individuals for long-term storage of their
household goods or personal property.
Mini-warehouses.
Small individual storage units for rent or lease, restricted
to the storage of items that are not for sale on the premises.
Mobile Home.
A movable or portable dwelling which is constructed on a
chassis, and which is designed to be towed over Texas roads and highways
under special permit, designed for year-round occupancy, designed
primarily to be used without a permanent foundation, but which may
sit on a permanent foundation, and designed to be connected to utilities.
It may consist of one or more units that can be telescoped when transported
and expanded later for additional capacity, or of two or more units,
separately transportable, but designed to be joined together into
one integral unit. The following shall not be included in this definition:
a.
Travel trailers, pickup coaches, motor homes, camping trailers,
or other recreational vehicles.
b.
Manufactured modular housing which is designed to be set on
a permanent foundation, and which uses standard sheathing, roofing,
siding, and electrical plumbing, and heating systems which comply
with Lancaster Ordinances and Codes.
Modular:
b.
Natural or quarried stone
f.
Custom concrete masonry units (normal or heavy weight blocks
with an integral color that is sandblasted, burnished or has a split
face)
Modular Homes.
Any permanent, single-family dwelling unit which has been
prefabricated or factory constructed as a single unit or in Sections
or modules, and assembled at the factory or construction site and
moved to a permanent location as a unit or in Sections or modules,
as a permanent single-family dwelling unit placed on a permanent foundation
at such site and connected with all required utility services.
Motel.
A building or group of two or more detached, semi-detached,
or attached buildings containing guest rooms or apartments with automobile
storage space provided in connection therewith, which building or
group is designed, intended or used primarily for the accommodation
of automobile travelers; including group[s] designated as auto cabins,
motor courts, motels and similar designations.
Municipal Uses.
Facilities owned or controlled by the City of Lancaster including
but not limited to: office buildings, maintenance shops, treatment
plants, community centers.
Nightclub, Discotheque, Disco or Dance Hall.
An establishment whose primary activity is the provision
of facilities for dancing, including a dance floor and live entertainment
or amplified music. Such establishment may or may not provide on-premises
consumption of alcoholic beverages. Schools of dance are exempted
from this definition.
Nonconforming Use, Building or Yard.
A use, building or yard, which does not, by reason of design,
use or dimensions, conform to the regulations of the district in which
it is situated. It is a legal nonconforming use if established prior
to the passage of this Ordinance.
Office Showroom.
An establishment with no more than twenty-five percent (25%)
of its total floor area devoted to storage and warehousing, but not
accessible to the general public. The remaining area may include retail
and wholesale sales areas, sales offices, and display areas for products
sold and distributed from the storage and warehousing areas.
Offices, Professional and General Business.
A room or group of rooms used for the provision of executive,
management and/or administrative services. Typical uses include administrative
offices and services including real estate, insurance, property management,
investment, personnel, travel, secretarial services, telephone answering,
and business offices of public utilities, organizations and associations,
and medical offices.
Owners of record.
Persons, partnerships or corporations listed as the property
owner as of the date of the notification letter.
Parking Area.
Space used exclusively for the parking of vehicles and where
no other business is conducted paved to City specifications.
Parking Space.
Area, not closer than six (6) feet from the back edge of
the curb, the width and length of which shall exceed by a minimum
of two (2) feet the dimensions of the type of vehicle normally to
be parked in the space, and connected to a street or alley by a driveway
affording satisfactory ingress and egress. The minimum dimension of
a parking space shall be in accordance with the adopted ordinances
of the City of Lancaster regarding off-street parking.
Patio Home.
A single-family, residential dwelling unit that is most often
a one-story L-shaped or U-shaped home utilizing the entire lot with
an enclosed garden court for open space area. Fire retardant walls
are utilized and additional open space is often provided by clustering
the units.
Paving.
Material which provides an all-weather surface for the parking
of vehicles. All required paving shall meet the standards specified
by applicable City specifications.
Penal Boarding Home.
A dwelling unit, other than a hotel or motel, where lodging
and community meals, light housework, meal preparation, transportation,
grocery shopping, money management, laundry services, or assistance
with self-medication are provided to three (3) or more persons for
compensation, and at least one of said persons have been released
from imprisonment from any penal institution and are under the supervision
of the Texas Department of Criminal Justice. The terms "released"
and "penal institution," as used herein, shall have the same meaning
as those terms are defined in Article 62.001 of the Texas Code of
Criminal Procedure, as amended.
Permitted Use.
A use specifically allowed in one or more of the various
districts without the necessity of obtaining a specific use permit.
Person.
Any individual, association, firm, corporation, governmental
agency or political subdivision.
Personal Service Shop.
An establishment for the purpose of supplying limited personal
services such as, but not limited to, barber, shoe, boot, saddle,
shine shop.
Place.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
Planned Development (PD).
Includes a combination of different dwelling types and/or
a variety of land uses which creatively complement each other and
harmonize with existing and proposed land uses in the vicinity, and
comply with provisions of the ordinances governing planned developments.
Planned Shopping Center.
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
one operating unit related in its location, size, and type of shops
to the trade area that the unit serves. The unit provides on-site
parking in definite relationship to the types and total size of the
stores.
Planning Consultant.
A private practitioner in planning, who is a member of the
American Institute of Certified Planners (AICP).
Plant List, City-Approved.
A list of plant materials which are acceptable for meeting
the City's landscape requirements. It also includes a list of plant
materials which are prohibited. The Plant list is approved by the
Planning and Zoning Commission and maintained by the Director.
Plat.
A map of a subdivision or site plan that represents a tract
of land, showing the boundaries and location of individual properties
and streets.
Portable Building.
A temporary building that may or may not have a foundation
and is transportable. The structure may or may not require a permanent
foundation based on the adopted building codes as amended.
Prepackaged Beverages, Retail Sales of.
In general, consumable beverage items that are prepackaged
and sealed for retail sale and off-premise consumption, and that are
not freshly dispensed on-site. Does not include on-site dispensed/brewed
soda fountain drinks or hot beverages, prepackaged/bottled uncarbonated
waters, flavored uncarbonated or lightly carbonated waters, uncarbonated
or lightly carbonated sports drinks, and carbonated soda beverages
that are sold individually by fast-food restaurants along with on-site
prepared fast-food items.
Prepackaged Foods, Retail Sales of.
In general, consumable food items that are prepackaged and
sealed for retail sale and off-premise consumption, and that are not
cooked, prepared, assembled or packaged on-site (e.g. ready-to-eat
and ready-to-heat-and-eat sandwiches, salads, pastries, refrigerated/perishable
snack items, peeled/sliced fruits and vegetables, etc.). Does not
include longer shelf-life, unrefrigerated prepackaged food items like
chips, cookies, crackers, candies, instant meals/entrees, etc.
Private Club.
An establishment providing social and dining facilities as
well as alcoholic beverage service to an association of persons and
otherwise falling within the definition of and permitted under the
provisions of that portion of Title 3, Chapter 32, VTCA, Alcoholic
Beverage Code, as it be hereafter amended and as it pertains to the
operation of private clubs.
Recreational Vehicle or Travel Trailer.
A vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified as a travel trailer by the manufacturer
of the trailer and, when factory equipped for the road, it shall have
a body width not exceeding eight (8) feet and a body length not exceeding
State maximums.
Rescue Mission or Homeless Shelter.
A facility providing temporary housing to indigent, needy,
homeless, or transient persons; may also provide ancillary services
such as counseling, vocational training, etc.
Restaurant or Cafe.
A building or portion of a building, where the primary business
is the on-premises sale of prepared food, with adequate facilities
for the preparation of the food to be sold, the adequacy of said kitchen
facilities to be based upon the seating capacity of the restaurant
and the type of menu offered.
Restaurant (Limited Service).
A building or portion of a building, where the primary business
is the on-premises sale of prepared food where patrons generally order
or select items and pay before eating. Food and drink may be consumed
on premises, taken out, or delivered to customers' location. Drive-through
"pickup/order" window permitted provided that there is no public address
system or speakers.
Retail.
The sale of goods directly to a consumer. Engaged in, pertaining
to, or relating to the sale of merchandise at retail. To sell by individual
items or by the piece, directly to a consumer.
Retail Food Store.
A retail establishment selling meats, fruits, vegetables,
bakery products, light hardware, and other similar items which are
purchased for use and consumption off the premises (may be drive-in
or supermarket type).
Right-of-Way Line.
A dividing line between a lot, tract, or parcel of land and
the public right-of-way.
Self-Storage facility.
Small individual storage units for rent or lease, restricted
solely to the storage of items. The conduct of sales, business or
any other activity within the individual storage units, other than
storage, shall be prohibited. One caretaker/security residence shall
be permitted in association with a self-storage facility.
Semi-Public Uses.
Public facilities including sanitary landfills, water treatment
and supply facilities, and wastewater treatment facilities, but not
including facilities owned or controlled by the City.
Servant's Quarters.
An accessory building or portion of a main building located
on the same lot as the main building and used as living quarters for
servants employed on the premises and not rented or otherwise used
as a separate domicile.
SIGNS:
a.
Abandoned Sign.
A sign that no longer identifies or advertises a bona fide
business, service, owner, product, or activity and/or for which no
legal owner can be found.
b.
Amenity Sign.
Temporary signs utilized by multi-family complexes to advertise
special features offered within the particular apartment complex.
c.
Banner Sign
means a sign intended to be hung either with or without a
frame, progressing [possessing] characters, lettered, illustrated
or ornamentations applied to paper, plastic or fabric of any kind;
excluding flags, emblems and insignia of political, professional,
religious, educational or corporate organizations
d.
Billboard Sign
means a sign adjacent to freeways and used for the purpose
of off-premises advertising and conveyance of messages, utilizing
a monopole sign structure.
f.
Building Frontage.
The horizontal linear dimension designated as the primary
facade of that portion of a building occupied by a single use or occupancy.
A corner tenant will be permitted to use the secondary facade to determine
the "building frontage."
g.
Building Official.
The officer or other person within the City of Lancaster
charged with the administration and enforcement of the sign regulations.
h.
Canopy Sign
is a sign attached to a building to offer shade along the
building's walkway and be of various colors to draw attention to a
building. Permanent sign attached to the vertical face of a canopy
or attached to the structural supports of canopy. Canopy signs shall
not extend above the roofline or extend beyond the face of the canopy.
i.
Changeable Electronic Variable Message Sign
means a sign or portion of a sign that uses LED lights to
form a sign message or messages in text form wherein the sequence
of messages and the rate of change is electronically programmed and
can be modified by electronic processes.
k.
Directional Sign.
An accessory sign that indicates the direction of facilities
by means of arrows, words, or other symbols.
l.
Double-Faced Sign.
A sign with two display areas against each other or where
the interior angle formed by the display area is 60 degrees or less,
where one face is designed to be seen from one direction and the other
side from another direction.
m.
Erect a Sign.
To build, construct, alter, attach, hang, place, suspend,
or affix, and shall also include the painting of signs on the exterior
surfaces of a building or structure.
n.
Extraterritorial Jurisdiction
means the unincorporated area that is contiguous to and located
within five miles of the corporate boundaries of the City.
o.
Flashing Sign.
Any directly or indirectly illuminated sign either stationary
or animated, which exhibits changing natural or artificial light or
color by any means whatsoever.
p.
Grand Opening Signage
is signage allowed for a limit of one week after a Certificate
of Occupancy is approved that allows the business to advertise their
grand opening with multiple signage described within the ordinance.
q.
Illuminated Sign.
A sign designed to give forth artificial light directly or
through transparent or translucent material from a source of light
within this sign, including, but not limited to, neon and exposed
lamp signs, or a sign illuminated by external light directed primarily
toward this sign and so shielded that no direct rays from the light
are visible elsewhere than on the lot where the illumination occurs.
An illuminated sign that indicates only the time, temperature, or
date shall not be considered a flashing sign.
r.
Inflatable Sign.
Air-filled or gas-filled device anchored to a building, or
the ground and used for advertising purposes on a temporary basis.
s.
Kiosk Sign.
Sign that contains individual panels and that is generally
used to provide direction to residential subdivisions from major thoroughfares
or to provide direction to schools, amenities, information centers,
community facilities and neighborhoods within a residential subdivision.
t.
Monument Sign.
A sign having a low profile and made of stone, concrete,
metal, routed wood planks or beams, brick or similar material. A monument
sign shall be solid from the ground up; any poles or supports shall
be concealed.
u.
Movable Sign.
A sign that is not permanently affixed to the ground, a building
or other stationary structure but that is mounted on a support, which
may be moved from place to place and is not larger than three feet
wide and four feet high.
v.
Noncombustible Material.
Any material that will not ignite at or below a temperature
of one thousand two hundred (1,200) degrees Fahrenheit and will not
continue to burn or glow at that temperature.
w.
Nonconforming Sign.
An advertising structure or sign that was lawfully erected
and maintained prior to the adoption of this ordinance, and which
has subsequently come under the requirements of this ordinance, but
does not now completely comply therewith.
x.
Off-premise Sign.
A sign identifying a business, profession, product, service
or facility available at a location other than the premises where
that sign is located.
y.
On-premise Sign.
A sign identifying or advertising a business, person, activity,
product or organization available on the premises where the sign is
located.
z.
On-site Instructional Sign.
A sign that does not contain advertising and is limited to
providing directions necessary or convenient for visitors or clients
coming on to premises including signs marking entrances and exits,
parking areas, loading zones or circulations directions.
aa.
Pole Sign.
A sign mounted on one or two freestanding poles and having
no other support to the ground or to any structure other than the
poles[.]
cc.
Projecting Sign.
A sign which is affixed to a building or wall and extends
beyond the line of such building, wall or beyond the surface of that
portion of the building or wall to which it is affixed by more than
16 inches[.]
dd.
Real Estate Sign.
A temporary on-site accessory sign pertaining to the sale,
lease or rental [of] property for the use for which it is legally
zoned.
ee.
Roof Sign.
A sign erected on a roof or signs that project above the
highest point of the roofline, parapet, or fascia of the building.
ff.
Searchlight Sign.
Signs that are used to announce, direct attention to, or
advertise businesses.
hh.
Sign.
Shall mean and include every sign, name, number, identification,
description, announcement, declaration, demonstration, device, display,
flag, banner, pennant, illustration, beacon, light or insignia and
structure supporting any of the same, affixed directly or indirectly
to or upon any building or outdoor structure, or erected or maintained
upon a piece of land, which directs attention to an object, product,
service, place, activity, person, institution, organization, or business.
This includes any building or surface which is colored or patterned
specifically to attract attention. The term "sign" shall not include
any flag, badge, or insignia or [of] any governmental unit, nor shall
it include any item of merchandise normally displayed within a show
window of a business.
ii.
Sign Alteration.
Any change of copy, sign face, color, size, shape, illumination,
position, location, construction, or supporting structure of any sign.
jj.
Sign Face or Surface.
Shall mean the surface of the sign, upon, against, or through
which the message is displayed or illustrated on the sign.
kk.
Sign Setback.
Shall mean a minimum distance as measured from the property
line to a vertical plane extended to the ground from the nearest extension
of a sign structure, i.e. face of pole or outboard edge of sign structural
trim.
ll.
Sign Structure trim.
Shall mean the molding, battens, cappings, nailing strips,
latticing and platforms, which are attached to the sign structure.
mm.
Subdivision entrance sign.
A permanent accessory sign, which identifies a single-family,
duplex, or townhouse subdivision and is located on private property
at street entrances into the platted subdivision area.
nn.
Temporary Portable Sign.
A sign that is designed to be easily transportable by trailer
on its own wheels and is designed to be displayed to be displayed
while mounted or affixed to the trailer or wheels by which it is transported
or may be removed and temporarily attached to the ground.
oo.
Temporary Sign.
Any sign, banner, pennant, or advertising display intended
to be displayed for a limited time period. Easily removed signs attached
to windows are considered temporary signs.
pp.
Vehicle Sign.
For the purpose of this Article, means any automobile, truck,
camper, tractor, van, trailer, motorcycle, bicycle or any device capable
of being transported and shall be considered a vehicle in both moving
and stationary modes irrespective of state of repairs or condition[.]
qq.
Wall Sign.
A sign mounted flat against and projecting less than 12 inches
from, or painted on the wall of, a building or structure with the
exposed face of the sign in a plane parallel to the face of the wall.
This does not include window signs.
rr.
Window Sign.
A sign posted, painted, placed, or affixed in or on a window
exposed to public view. An interior sign that faces a window exposed
to public view and located within three feet of the window is considered
a window sign for the purpose of calculating the total area of all
window signs.
Site.
A combination of continuous lots that may or may not be owned
separately, that will be developed under one unified plan, as if it
were a single parcel of land.
Site Plan.
The development plan for one or more lots on which is shown
the existing and proposed conditions of the lot including: topography,
vegetation, drainage, floodplain, marshes and waterways; open spaces,
walkways, means of ingress and egress, utility services, landscaping,
structures and signs, lighting, and screening devices; any other information
that reasonably may be required in order that an informed decision
can be made by the approving authority.
Social Service Provider.
A facility that provides assistance to persons with limited
ability for self-care but for whom medical care is not a major element.
Space.
A plot of ground within a mobile home or recreational vehicle
park designated for the accommodation of one mobile home or one recreational
vehicle, together with such open space as required by this chapter.
Storage.
The accumulation, stocking, or depositing of materials or
items. These may include materials for the eventual use or sale in
a commercial enterprise; but does not include the storing of a personal
car or truck on an individual residential lot.
Storage Building.
Any building either portable or constructed on-site, utilized
for storage purposes, and not requiring plumbing and electrical wiring,
and not used for residential purposes.
Story.
That part of a building included between the surface of one
floor and the surface of the floor next above, or, if there be no
floor above, that part of the building which is above the surface
of a floor and the ceiling next above. A top story attic is a half-story,
when the main line of the eaves is not above the middle of the interior
height of such story. The first story is a full story when over fifty
percent of its exterior walls are exposed to outside light and air
entirely above grade and which exterior walls contain windows or doors
permitting entrance of daylight and outside air.
Street.
A public or approved private thoroughfare which affords the
principal means of access to abutting property, excluding alleys,
and as defined in the City's Thoroughfare Plan.
Street Line.
The dividing line between the street right-of-way and the
abutting property.
Structural Alterations.
Any alteration involving a change in or addition to the supporting
members of a building, such as bearing walls, columns, beams or girders.
Structure.
Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground;
including, but not limited to, signs, and excluding utility poles,
fences and retaining walls.
Subdivision.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale, development
or lease.
SUP.
A Specific Use Permit.
Townhouse.
A single-family dwelling unit constructed in a series, or
a group of units having common walls, each on a separate lot.
Travel Trailers.
Any vehicular, portable structure designed as a temporary
dwelling for travel, recreational and vacation uses, and includes
folding, hardtop campers transported behind a motor vehicle, truck-mounted
campers attached to and transported behind a motor vehicle or pickup,
camper, converted bus, tent trailer, tent or similar device used for
temporary, portable housing, or a similar type of temporary dwelling
intended for short-term occupancy, travel, and/or recreation.
Used Merchandise Store
(also "Resale Shop" or "Thrift Store" or "Consignment Shop").
An establishment that generally markets common, contemporary used
household goods, clothing or furnishings on a straight "for sale"
basis or on a consignment basis. This term includes a used merchandise
store that is operated by a nonprofit, charitable or religious organization.
Variance.
Relief from or variation of the provisions of these regulations,
other than Use Regulations, as applied to a specific piece of property,
as distinct from an Exception or rezoning, as set out in powers and
duties of the Board of Adjustment. (See "Temporary Waiver" and "Exception")
Variety store.
A retail store that sells a wide variety of relatively small
and inexpensive items, as defined by "A Planner's Dictionary" published
by the American Planning Association.
Veterinary Clinic.
An establishment where animals and pets are admitted for
examination and medical treatment and boarding of animals is limited
to short-term care incidental and subordinate to the clinic use.
Visibility Triangle.
An area where structures and landscaping is limited in order to preserve easy visibility between oncoming vehicles at an intersection. Visibility Triangles are defined in Article
8.00 [section
8.06], Public Right-of-Way Visibility.
Wall, Exterior.
Any wall or element of a wall, or any member or group of
members, which defines the exterior boundaries or courts of a building
and which has a slope of 60 degrees or greater with the horizontal
plane.
Wholesale.
The sale of commodities for the purpose of resale, as to
retailers or jobbers rather than to consumers directly; opposed to
retail. Of, pertaining to, or engaged in sale at wholesale.
Wine-tasting room.
A business establishment that is devoted to the sampling
and sales of wine or sparkling wine produced off the premises. Incidental
sales of food items are allowed with applicable food service permits.
Winery, boutique.
A business establishment that produces up to 10,000 cases
of wine per year. Maximum site area of three (3) acres, with up to
10,000 square feet of building area, including space allocated to
bottling/crushing activities, lab and office space, tasting room(s),
storage, indoor events room(s), and small outdoor event or picnic
area(s). A boutique winery shall provide at least two of the following
four activities on-site: crushing, fermentation, bulk aging/storage,
and/or bottling.
Wood Products.
Materials developed from use of the hard fibrous substance
(wood) which makes up the greater part of the trunks and limbs of
trees. Solid wood products include lumber, veneer, and plywood, poles,
pilings, mine timbers and posts; and composite wood products such
as laminated timbers, insulation board, hard-board and particle board.
Fiber wood products can be those which develop initially from the
various processes for pulping wood. Chemical wood products result
from the chemical modification or conversion of cellulose, lignin,
and extractives.
Xeriscape.
Landscaping characterized by the use of vegetation that is
drought-tolerant or of low water use in character.
Zero Lot Line House.
A single-family detached residential dwelling unit with one
side wall coincident with the side lot line and a 5-foot maintenance
easement coincident with the opposite side lot line.