City of Lancaster, TX DEFINITIONS

General Definitions:

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, Commercial–Freestanding

means a commercial antenna supported by or affixed to a freestanding pole, tower, tripod, frame or other similar structure.

Antenna, Commercial–Mounted

means a commercial antenna permanently affixed to the roof or other portion of a building.

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.

Apartment House or Building.

A building arranged, intended or designed for more than two families. (See Dwelling Unit, Multiple)

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.

Bar, Cocktail Lounge, Tavern, Saloon, Cantina.

An establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant as defined in this Section.

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.

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.

Front Building Setback Line (defining a Front Yard):

A line parallel to the street right-of-way line which the building faces, and takes its primary access from.

Side Building Setback Line (defining a Side Yard):

A line parallel to an adjacent lot or street right-of-way on a corner lot, which the building sides up to.

Rear Building Setback Line (defining a Rear Yard):

A line parallel to an adjacent lot, alley, or street in the case of double frontage lots, which the building backs up to and has its rear or secondary access from.

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.

Day-Care Center or Day Nursery.

A place for the care of children. Services usually include a staff nurse and a hot meal is normally served.

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.

Single-Family:

A building designed for and/or occupied exclusively by one (1) family as a separate dwelling unit.

Duplex:

A building designed and/or occupied exclusively by two (2) families living independently of each other.

Triplex:

A building designed for and/or occupied exclusively by three (3) families living independently of each other.

Fourplex:

A building designed for and/or occupied exclusively by four (4) families living independently of each other.

Multiple:

A building designed for and/or occupied exclusively by five (5) or more families living independently of each other.

The determination of whether one family is living independently of another is based on one or more of the following criteria:

Separate sanitary facilities.

Separate kitchen facilities.

Separate entrances.

Separate utilities.

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 Apartment.

A dwelling unit attached to a private garage.

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, Detached or Private.

An accessory building for storage only of motor vehicles and home laundry.

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.

Legislative or Governing Body.

The City Council of the City of Lancaster, Texas.

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[,] Double Frontage or Through Lot.

A lot abutting on two (2) nonintersecting public streets as distinguished from a corner lot.

Lot, Frontage.

The length of street frontage between property 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.

Front Lot Line. The property line between the front yard and the contiguous street right-of-way boundary.[1]

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.[2]

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.[3]

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.

Lots in Separate Ownership at the Time of the Passage of this Ordinance.

A lot whose boundary lines, along their entire length touched lands under other ownership as shown by plat or deed recorded in the office of the County Clerk of Dallas County on or before the date of the adoption of this ordinance.

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:

Travel trailers, pickup coaches, motor homes, camping trailers, or other recreational vehicles.

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:

Brick

Natural or quarried stone

Cast or cultured stone

Glass block or glass

Tile

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.

R.O.W.

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.

Setback.

See Building Setback Line.

SIGNS:

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.

Amenity Sign.

Temporary signs utilized by multi-family complexes to advertise special features offered within the particular apartment complex.

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

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.

Builder's Directional Sign.

A sign providing direction or instruction to guide a person to sites where new homes are under construction.

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."

Building Official.

The officer or other person within the City of Lancaster charged with the administration and enforcement of the sign regulations.

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.

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.

Development Sign.

A sign announcing or describing a legally approved subdivision[.]

Directional Sign.

An accessory sign that indicates the direction of facilities by means of arrows, words, or other symbols.

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.

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.

Extraterritorial Jurisdiction

means the unincorporated area that is contiguous to and located within five miles of the corporate boundaries of the City.

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.

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.

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.

Inflatable Sign.

Air-filled or gas-filled device anchored to a building, or the ground and used for advertising purposes on a temporary basis.

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.

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.

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.

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.

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.

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.

On-premise Sign.

A sign identifying or advertising a business, person, activity, product or organization available on the premises where the sign is located.

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[.]

bb.

Political Sign.

A temporary sign identifying a political candidate, or party.

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.

gg.

Sidewalk/Sandwich Sign.

A movable sign not secured or attached to the ground or surface upon which it is located.

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.

Specimen and Historic, Champion, and Heritage Trees.

As defined by the American National Standards Institute.

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.

Street Yard.

The area between the building and a street.

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.

Temporary Waiver.

An Exception which is granted for a limited period of time.

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.

Trucking Company/Motor Freight Company.

A company using trucks or other heavy load vehicles to transport residential or commercial goods, equipment or similar products.

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.

[1]

Original has this as unnumbered.

[2]

Original has this as Subsection a.

[3]

Original has this as Subsection b.

(Ordinance 2006-04-13, sec. 14.1302, adopted 4/24/06; Ordinance 2008-11-47, sec. 6, adopted 11/10/08; Ordinance 2009-08-20, sec. 2, adopted 8/10/09; Ordinance 2010-11-27, sec. 5, adopted 11/22/10; Ordinance 2010-12-30, sec. 3, adopted 12/13/10; Ordinance 2011-09-32, sec. 4, adopted 9/26/11; Ordinance 2014-12-26, sec. 2, adopted 12/8/14; Ordinance 2018-11-47 adopted 11/12/18)