City of Euless, TX GENERAL PROVISIONS

Word usage.

In the interpretation of this chapter, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise:

Words used or defined in one tense or form shall include other tenses and derivative forms.

Words in the singular number shall include the plural number.

Words in the plural number shall include the singular number.

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

The word “shall” is mandatory.

The word “may” is permissive.

The word “person” includes individuals, firms, corporations, associations, trusts, and any other similar entities.

The word “city” shall mean the City of Euless, Texas.

The word “code” shall mean the Euless Unified Development Control Document (chapter).

The word “council” shall mean the city council.

The word “commission” shall mean the planning and zoning commission.

The word “board” shall mean the zoning board of adjustment.

The word “administrator” shall mean the individual designated administrative responsibility by the city manager (usually the director of planning, development coordinator, building official, or city engineer).

In case of any difference of meaning or implication between the text of this code and any caption, illustration or table, the text shall control.

(b)

Definitions.

Certain words in this code not heretofore defined are defined as follows:

Abutting

means having a common border with, or being separated from such common border by an alley or easement.

Accessory

means incidental to another use or structure on the same lot.

Accessory building

means a structure detached from a principal structure on the same lot and customarily incidental and subordinate to the principal building or use (see Appendix A).

Administrator

means the city manager or his designee.

Adult entertainment enterprise

means a business enterprise which, for consideration, offers, shows or displays any of the following:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons are nude or semi-nude; or

(3)

A book, magazine, newspaper, picture, photograph, film, video tape, motion-picture, drawing or other printed or pictorial material which explicitly depicts:

Human genitals in a state of sexual arousal; or

Acts of masturbation, sexual intercourse, or deviate sexual intercourse.

Alley

means a public way which affords a secondary means of access to property abutting thereon, and not intended for general traffic circulation.

Apartment

means a dwelling unit in a multifamily residential structure arranged, designed, or occupied as a place of residence by a single-family, individual or groups of individuals.

Approach

means that portion of a roadway or driveway within 300 feet of another intersecting street or driveway where the movement of traffic approaches said intersection.

Arterial, major

means a roadway which serves to interconnect regional roadways and link identifiable neighborhood areas with major centers of activity; include the service roads of controlled access roadways.

Arterial, minor

means roadways which augment principal arterials with emphasis on the distribution of vehicles to higher and lower roadway classes and land access.

Basement

means that portion of a building which is partly or wholly below grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be counted in computing the number of stories (see Appendix A).

Block

means a tract of land bounded by streets, or a combination of streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits.

Buffering

means the use of intensive landscaping or the use of landscaping with berms, walls or decorative fences to obstruct the view of certain uses or activities, or reduce noise from an abutting street or property.

Building

means any structure, either temporary or permanent, having a roof or other covering and designed, built or intended for the shelter or enclosure of persons, animals, chattels or movable property of any kind or for an accessory use. Where independent units with separate entrances are divided by absolute fire separations, each unit so separated shall be deemed a building. This definition shall include structures wholly or partly enclosed with an exterior wall.

Building area

means the area of a lot remaining after minimum yard and open space requirements have been met (see Appendix A).

Building coverage

means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot (see Appendix A).

Building line

means a line on a lot, generally parallel to a lot line or street right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this code. The building line delineates the area in which buildings are permitted subject to all applicable provisions of this code (see Appendix A).

Building front

means the exterior wall of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building height

means the vertical distance of a building measured on the street side from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof (see Appendix A).

Building, principal

means the building or buildings on a lot which are occupied by the primary use (see Appendix A).

Caliper

means diameter of the trunk measured one foot above average grade.

Car title loan business.

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. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle.

Centerline

means a line designated midway between the right-of-way lines of a street or alley. Where such lines are irregular, the centerline shall be determined by the administrator.

Certificate of occupancy

means an official certificate issued by the city which indicates conformance with or an approved conditional waiver from this code and authorizes legal use of the premises for which it is issued.

Check cashing business.

An establishment that provides one or more of the following:

a.	An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;
b.	An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or
c.	The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.

Church

means a building, whether situated within the city or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Circular driveway

means a driveway with two points of access to a public street connected by a nonintersected arc or arcs and tangents along its outer edges, with no parking internally off the driveway. Entrance to a garage is permitted.

Collector, major

means roadways which provide access to commercial properties and serve to distribute trips to or from the arterial street network.

Collector, minor

means roadways which offer access to neighborhoods and connect to higher classes of the street system.

Comprehensive plan

means a periodically updated series of council adopted documents and maps that unify all elements and aspects governing land uses, functions and services of the city. Based on careful analysis and projections, these volumes reflect the best judgement of the council, commission and staff to ensure the welfare and prosperity of the city. The plan shall service as a guide to zoning, subdivision and capital improvement development decisions.

Construction plans

means the maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision.

Cul-de-sac

means a local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement.

Curb radius

means the connection of the outer limits of a driveway and street intersection by means of a circular arc.

Day care center

means any place, home or institution which cares for five or more children under the age of 16 years old apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term shall not apply to bonafide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial persons, or churches and other religious or public institutions caring for children within an institutional building.

Density

means a residential land use intensity measure expressed as the number of units per gross lot area. It is the number resulted from dividing the total number of dwelling units by the area of the platted lot.

Departure

means that portion of a roadway or driveway within 300 feet of another intersecting street or driveway where the movement of traffic departs said intersection.

Development, mixed use

means any property or building used partly for residential use and partly for institutional, business and/or office use.

Development schedule

means a chronological estimate of the rate and order of development.

Development standards.

See: Site development standards.

Dripline

means the periphery of the area underneath a tree which would be encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.

Drinking establishment

means an establishment where the primary activity is the sale and consumption on the premises of beer, ale, wine or alcoholic beverages and where the total quarterly calendar receipts for on-premise food sales is less than the total receipts for the same time period of beer, ale, wine and alcoholic beverages.

Driveway

means a roadway that permits access between private land use(s) and public thoroughfares.

Driveway width

means the width of the driveway measured between the termination of the curb radii, at a point of tangency essentially perpendicular to the street.

Dwelling

means a room or group or rooms which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.

Dwelling, multifamily

means any building which is designed, built, rented, leased or let to be occupied as two or more dwelling units or apartments, or which is occupied as a home or residence of two or more families (see Appendix A).

Dwelling, multifamily duplex

means a detached building having two dwelling units on a single lot and occupied by not more than two families (see Appendix A).

Dwelling, single-family attached

means a dwelling on a separately owned lot which is joined to another dwelling on one side by a party wall or abutting separate walls and occupied by not more than one family (see Appendix A).

Dwelling, single-family cluster

means a single-family detached dwelling, situated on a smaller lot than the typical single-family dwelling and generally related to generous common open spaces (see Appendix A).

Dwelling, single-family detached

means a dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling (see Appendix A).

Dwelling, single-family manufactured

means a transportable, manufactured detached single-family dwelling which is designed for year round occupancy and connected to utilities. Both modular and mobile housing which are designed with standard roofing and siding and sit on a permanent foundation are included in this definition (see: manufactured home).

Dwelling, single-family townhouse

means a dwelling on a separately owned lot which is joined to another dwelling on one or more sides by a party wall or abutting separate walls and occupied by not more than one family (see Appendix A).

Dwelling, zero lot line

means a single-family detached dwelling on a separately owned lot which is located in such a manner that one of the dwellings’ sides (zero lot line wall) rest directly on a lot line (see Appendix A).

Easement

means a grant of one or more of the property rights by the property owner to and/or for the use by public, a corporation, or another person or entity (see Appendix A).

Easement, access and egress

means an easement dedicated for the purpose of providing a way or means of entering and exiting a property by use of vehicle or pedestrian means.

Easement, avigation

means an easement dedicated for the purpose of protecting the air lanes around and adjacent to an airport, specifically the airport hazard areas as defined by FAR Part 77.

Easement, construction

means an easement dedicated for the purpose of providing for the spatial requirements needed during the construction process. The effective date of said construction easements shall be for the time period required to complete the specified construction, at such time it shall be terminated and will not constitute a permanent encumbrance to the property.

Easement, drainage

means an easement dedicated for the purpose of permitting the placement of pipes, swales, channels, natural features and man-made improvements designed to carry stormwater drainage and to provide for the access to and maintenance of said facilities.

Easement, maintenance

means an easement dedicated for the purpose of providing for the continuing maintenance of facilities, structures, or other items that require continual attention and attendance.

Easement, utility

means an easement dedicated for the purpose of permitting the placement of electric, telephone, gas, cable television, water, wastewater, and other public utilities and to provide for the access to and maintenance of said facilities.

Eating establishment

means an establishment where the primary activity is the sale and consumption of food and where beer, wine and alcoholic beverage service, if any, is incidental to the sale of food. Food service shall constitute not less than 51 percent of quarterly sales.

Eating establishment (drive-thru)

means an eating establishment where food service is offered and served or delivered to customers in automobiles.

Eating establishment, (with music and entertainment)

means an eating establishment which incidentally may offer music, entertainment and facilities for dancing patrons and so licensed by the city or state.

Entry turnaround

means an esplanade opening or other accommodations providing for an entrance to a private street development in order to allow vehicles denied access to re-enter onto a public street with a forward motion without unduly disturbing other vehicles at the entrance.

Family

means any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage or adoption.

Federal aid primary highway

means any highway system as established and maintained as a primary highway; including extensions of such systems within municipalities, which have been approved pursuant to Subsection B of Section 102 of Title 23, United States Code. (The following highways in the city meet this definition SH 121, SH 183, and SH 360.)

Floodplain

means the channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.

Floodway

means the channel of a natural stream or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor area

means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding basements, open and screened porches, and garages.

Floor area ratio (FAR)

means a nonresidential land use intensity measure expressed as the ratio between the number of square feet of gross floor area within the buildings on a lot and the total square footage of land in the lot. It is the number resulting from dividing the floor area by the lot area (see Appendix A).

Frontage, freeway

means a tract of land having a frontage adjacent to a federal aid primary highway or separated therefrom only by a service road.

Frontage, lot

means the length of street frontage between property lines measured at the street right-of-way line (see Appendix A).

Frontage, street

means the length of all property on one side of a street between two intersecting streets measured along the line of the street.

Gate, limited access

means any device located on private property which controls or limits access to more than one residential unit or any nonresidential property.

Gate, private.

See: Gate, limited access.

Gate, security.

See: Gate, limited access.

Grandfathered

means any lawfully existing circumstance that does not comply with the current ordinances, however, is allowed to continue for a specific duration.

Ground cover

means low growing, dense spreading plants typically planted from containers.

High capacity/limited movement driveway

means a driveway constructed with nonstandard design characteristics to meet the needs of greater driveway volumes and/or limitation of movements accessing or egressing the driveway.

Home occupation

means any occupation or activity conducted within the walls of a dwelling unit and not visible or noticeable in any manner or form from outside the walls of the dwelling.

Hotel or motel

means a building or group of buildings designed and occupied as a temporary dwelling place of individuals. To be classified as a hotel or motel, an establishment shall contain individual guest rooms or units and shall furnish customary hotel services such as linens, maid service, telephone, use and upkeep of furniture and the accommodations shall not be designed as permanent dwelling units.

Incidental use

means a use that is supportive of the primary use and is normal to the usual operation of that use but is minor and secondary in nature.

Impervious coverage

means that portion of a lot area which is covered by an impermeable surface, such as structures or paving, and thereby not allowing water penetration.

Internal storage

means the length of driveway approach or departure that does not permit movement across the driveway approach or departure.

Landscaped area

means an area which is covered by natural grass, ground cover, or other natural living plant materials.

Lawn grasses

means thin blade surface growing plants typically planted from seed, sprigs or plugs.

Limited access residential development

means a development designed for residential purposes that limits access to three or more residential lots or dwelling units by the use of a gate, security guard or other active means.

Lot

means a parcel of land which has been established as a result of the platting process; and has been approved by the city and filed of record at the Tarrant County Plat Records (TCPR). Said lot may be occupied or intended to be occupied by a building and its accessory building and including such yards and other open spaces as are required under this document and having access to a dedicated street or other approved method of access and egress (see Appendix A).

Lot area

means the total horizontal area within the lot lines of the lot.

Lot, corner

means a lot or parcel of land abutting two or more streets at their intersection (see Appendix A).

Lot depth

means the average horizontal distance between the front and rear lot lines (see Appendix A).

Lot, flag

means a lot fronting on or abutting a public street and where access to the public street is by a narrow, private right-of-way (see Appendix A).

Lot, interior

means a lot whose side lot lines do not abut upon any street (see Appendix A).

Lot, through

also known as double-front lot, is a lot having frontage on two or more nonintersecting dedicated streets other than a corner lot. The actual front of the lot shall be considered that side on which the building set back line is located and in which the structure faces. The other lot line having street frontage shall be considered the rear yard line and shall comply with the required yard requirements, screening and fencing as deemed appropriate for rear property lines. Access to the lot via the rear frontage line shall not be permitted without approval of the city (see Appendix A).

Lot line

means a line of record bounding a lot which divides one lot from another lot, a public or private street or any other public space (see Appendix A).

Lot line, front

means the lot line separating a lot from a street right-of-way (see Appendix A).

Lot line, rear

means a lot line which is opposite and most distant from the front lot line (see Appendix A).

Lot line, side

means any lot line not a front or rear lot line. Where a lot has only three lot lines, those lot lines which do not front upon a street shall be deemed side lot lines (see Appendix A).

Lot orientation

means the compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback.

Lot of record

means a lot which is part of a subdivision plat which has been recorded in the office of the County Clerk of Tarrant County.

Main gates

means the gate and entry way designed as the primary entrance for guests, residents, deliveries, employees, patrons, etc.

Manufactured home (HUD-code)

means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Manufactured or mobile home rental community

means a tract of land which is separated into two or more spaces or lots which are rented or leased or offered for rent or lease to persons for the installation of manufactured or mobile homes for use and occupancy as residences; provided that the lease or rental agreement is for a term of less than 60 months and contains no purchase option.

Manufactured or mobile home subdivision

means a unified development of manufactured or mobile home sites on lots platted for such purposes, which lots may be sold to the owners of manufactured or mobile homes situated thereon, meeting all the requirements of applicable zoning and subdivision ordinances and designed to accommodate such homes on a permanent basis.

Median

means a raised, curbed division between lanes of opposing traffic.

Mini-warehouses

means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of a customer’s goods or wares. No outside storage, sales, service, or repair activities, other than the rental of dead storage units, shall be permitted on premises.

Mobile home

means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.

Nonconforming structure

means any building or structure that does not conform to the zoning district development standards and which lawfully existed prior to the adoption of the current zoning regulations by the city.

Nonconforming use

means a use or activity on a parcel of land or portion thereof which was lawful prior to the adoption, revision, or amendment of the city codes; but, which fails, by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Non-depository financial institution.

Any check cashing business, payday advance/loan business, or car title loan business as defined in this section. This definition excludes:

a.	A state or federally chartered bank, savings and loan association or credit union, or pawnshop; and
b.	A convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75 percent of the total gross revenue generated on site.

Nudity or a state of nudity

means a state of dress which fails to fully and opaquely cover the anus, genitals, pubic region, or perineum anal region, or the exposure of any device, costume or covering that gives the realistic appearance of or simulates the anus, genitals, pubic region, or perineum anal region, regardless of whether the nipple and areola of the human female breast are exposed.

One-way driveway

means a driveway constructed to accommodate only one direction of traffic movement, either an entrance or exit.

Open space

means an area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves and plant material.

Owner

means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

Outdoor storage

means an unenclosed, open to the sky area which is used for either the temporary or permanent placement of goods, supplies or equipment.

Outdoor storage, temporary residential

means portable, weather-resistant containers designed and used for the temporary storage or shipment of household goods, wares, building materials, merchandise, or yard waste may be permitted. This term shall also include roll-off containers or storage containers. (Example of a roll-off container: city yard waste and debris containers or open/unclosed containers.) See subsection 84-85(a) for definitions and conditions associated with the use of accessory buildings in residential districts.

Parcel.

See: Lot.

Parkway

means the area between the curb line or edge of pavement of a street and the nearest right-of-way line of such street.

Party driveway

means a single way providing vehicular access to two adjoining properties (see Appendix A).

Party wall

means a common shared wall between two separate structures, buildings, or dwelling units (see Appendix A).

Payday advance/loan business.

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 a customer’s next payday, and then cashed unless the customer repays the loan to reclaim such person’s check. Such establishments may charge a flat fee or other service charge and/or a fee or interest rate on the size of the loan amount.

Performance standards

means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

Permanent cosmetic makeup studio.

An establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that cosmetics are applied within the facial lines on a permanent basis. This includes, but is not limited to: permanent eyeliner, eye shadow, or lip color. This term does not include a tattoo and/or body modification studio.

Perpetual maintenance agreement

means an agreement made in which the city is made a party and in which a developer or contractor agrees to provide appropriate maintenance operations as specified in the agreement for an unspecified period of time usually consisting of the lifetime or duration of an identified project.

Permanent community open space

means parks, school playgrounds, community centers, golf courses, parkways, water areas or similar areas which are dedicated to the city or which are created as private open space under a permanent agreement for maintenance and responsibility and accepted by the council after recommendation by the city attorney.

Planned development

means a district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, business, office, recreational, and open space uses.

Plat

means a scaled map that shows property boundaries, easements, dimensions, rights-of-way that encumber the property, and additional information as required by this chapter for the type of plat being prepared.

Plat, final

means a legally binding instrument prepared by a licensed public surveyor in conformance with the approved preliminary plat and complying with the regulations outlined in this document and applicable state statutes which, if approved by the planning and zoning commission and city council may be submitted to the county clerk for recording.

Plat, preliminary

means a plat, being prerequisite to the final plat and indicating the proposed layout of the development, which if approved by the proper review authority in accordance with the regulations outlined in this document, constitutes authorization to proceed with the final platting upon approval.

Plat, sketch

means a rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Premises.

See: Lot.

Primary emergency access

means the drive or access point designed as the primary point of ingress/egress for emergency vehicles.

Private street developments

means any development that contains a group of lots that have no frontage on publicly dedicated streets and are accessible by way of a private street or access easement.

Property owners association

means a co-op or an association of owners organized for the purpose of owning, maintaining, administering and operating common facilities such as clubhouses, swimming pools and private streets, and to enhance and protect their common interests.

Public hearing

means a meeting held prior to a specific action to allow the public an opportunity to receive information and to provide input. The meeting shall be conducted in accordance with proper procedure as stipulated by state and local laws regarding notification and due process.

Public improvements

means any improvement, facility or service together with its associated easements, sites, or rights-of-way dedicated for public use, which is necessary to provide transportation, drainage, public utilities, emergency services, energy or similar essential services.

Public notice

means the advertisement of a public hearing, as stipulated by state and local laws, in a paper of general circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing.

Replat

means a change in an approved or recorded subdivision plat if such change affects any street layout or area reserved thereon for public use, or any lot line.

Return frequency storm

means the probability that a given rainfall intensity will occur in any one given year.

Roll-down curb

means also known as lay-down curb, a curb that by its construction has a slope of face such that it facilitates driving vehicles over the curb. Construction of roll-down curbs shall be in compliance with the standards as provided by the director of public works.

Rooming and boarding houses

means an establishment, other than eleemosynary or other nonprofit institution, primarily engaged in renting rooms, with or without board, on a fee basis, to four or more persons not related by blood, marriage, or adoption.

Secondary emergency access

means a drive or access point designed as a secondary or back-up means of ingress/egress for emergency vehicles.

Semi-nude or semi-nudity or state of semi-nudity

means the exposure of the post puberty female nipple or areola, or the exposure of any device, costume or covering that gives the realistic appearance of or simulates the post puberty female nipple or areola, so long as the following anatomical areas of an individual are fully and opaquely covered: the anus, genitals, pubic region and the perineum anal region of the human body. The term “semi-nude” shall not apply to an individual exposing a post puberty female nipple or areola in the process of breastfeeding a child under that person’s care.

Senior citizens-Assisted living

means multifamily housing for seniors (55 or more years of age) in a variety of residential settings engaged in providing a range of residential and personal care services, such as assistance with medications and daily activities such as bathing and dressing, with on-site nursing care services.

Senior housing-Apartments

means multifamily housing in a variety of residential settings for seniors (55 or more years of age) who live independently, but desire residential and personal care services without on-site nursing care facilities.

Setback

means the distance between the lot line and the building line (see Appendix A).

Sexually oriented business

means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, escort agency, nude model studio, or other commercial enterprise for which the regular offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer constitutes 25 percent or more of the items in inventory and/or floor space of the sexually oriented business. The term shall also mean any commercial enterprise that self-identifies as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion-picture theater, escort agency or nude model studio, regardless of whether the percentage of items in inventory and/or floor space constitute 25 percent or more of the total items in inventory and/or floor space.

Shopping center

means a group of commercial establishments which are planned, developed, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves.

Short-term rental

means the rental for compensation, of any residence or residential structure, or a portion of a residence or residential structure, located within a residential zoning district, for the purpose of overnight lodging for a period of not more than thirty (30) days. A short-term rental shall not include a hotel or motel. A short-term rental is further subject to the provisions of article V of chapter 18 of the city code.

Shrubs

means plants which grow vertically in a multi-branched pattern.

Sign

means any structure or part thereof, or any device attached to, painted on, or represented on a building, fence or other structure, upon which is displayed or included any letter, word, mode, banner, flag, permanent insignia, decoration, device, logo, design or representation used as, or which is in the nature of, an announcement, direction, advertisement or other attention getting device. See article IV of this chapter for specific sign definitions.

Site development standards

means regulations controlling maximum density, height and impervious coverage; and minimum lot area and width, yard setbacks and floor area.

Spread of water

means the quantity of stormwater that is allowed to collect in the streets before being intercepted by a storm drainage system.

Standard driveway

means a single, undivided driveway opening providing for both entrance and exit traffic movements with horizontal characteristics of width and radii as determined by this chapter.

Storm.

See: Return frequency storm.

Story

means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it (see Appendix A).

Street, private

means any vehicular access way under private ownership and maintenance, that has not been dedicated to and accepted by the city.

Street, public

means any thoroughfare other than an alley which has been dedicated to the public for public use and has been accepted by the city and which affords primary access to abutting property.

Street line.

See: Frontage, lot.

Structure

means any man-made item constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to, buildings, communications towers, signs and swimming pools, and excluding utility poles, parking lots, fences and retaining walls.

Structure, temporary

means a building, not to exceed 500 square feet, used as a sales or construction management office, associated with an active development on platted property, and may only be allowed if a building permit has been issued for permanent construction on said property, or an application therefor has been submitted and is under review. A HUD-Code manufactured home may be used as a temporary structure, provided it meets all other requirements of this section.

Subdivider

means any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision.

Subdivision (or platting)

means 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.

Tattoo and/or body modification studio.

An establishment where licensed personnel apply an indelible mark or figure to the human body by scarring, branding, body piercing any part of the human body with the exception of piercing the ear or the practice of acupuncture, or inserting a pigment under the skin using needles, scalpels or other related equipment in accordance with Chapter 146 of the Texas Health and Safety Code. A tattoo and/or body modification studio may include a permanent cosmetic makeup studio provided it is an accessory use to the tattoo and/or body modification studio and meets state licensing requirements for both a tattoo and/or body modification studio and a permanent cosmetic makeup studio.

Time of concentration

means a measurement used in the design of storm drainage facilities which represents the longest time that will be required for a drop of water to flow from the upper limit of the drainage area to the point of concentration.

Tobacco products store.

A retail establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances and includes any establishment that allows either the payment of consideration by a customer to the establishment for on-site delivery of tobacco, tobacco accessories or similar substances and products to the customer; and, the onsite smoking of tobacco or other substances. This definition shall be construed to include establishments known variously as retail tobacco stores, tobacco products shops, hookah cafes, tobacco clubs, tobacco bars, and similar establishments, but shall not include an establishment which derives more than 50 percent of its gross revenue from food, beverage, or gasoline fuel sales.

Trailer or mobile home park

means a tract of land used to accommodate single-family manufactured dwellings as a place of residence. Such may be either a manufactured home rental community or subdivision.

Tree

means a tree shall be defined and will qualify as such if either of the following are met:

(1)

A woody plant having one well defined stem or trunk and a more or less definitely formed crown, and usually attaining a mature height of at least 15 feet.

(2)

A plant listed as a tree in “Arboriculture. Care of Trees, Shrubs & Vines in the Landscape,” by Richard W. Harris, 1983. Prentice-Hall, Inc., Englewood Cliffs, New Jersey.

Use

means the purpose or activity for which land or a building is designed, arranged or intended or for which land or a building is or may be occupied or maintained.

Use, primary

means the specific principal purpose for which land is used.

Use, temporary

means a use which is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

Variance

means a deviation from the literal provisions of the zoning or platting regulations, as established in this code, which is granted by the zoning board of adjustment or city council, when strict conformity to the code would cause an unnecessary hardship because of circumstances unique to the property on which the variance is granted.

Yard

means an open space, other than a court, between a building and the adjoining lots lines, unoccupied and unobstructed from the ground upward except as otherwise provided herein (see Appendix A).

Yard, front

means a yard extending across the front of the lot between side lot lines and having a minimum horizontal depth measured from the front lot line as specified for the district in which the lot is located. On corner lots, the yard containing the designated primary entrance and on which the house address is listed shall be considered the front yard (see Appendix A).

Yard, rear

means a yard extending across the rear of the lot between side lot lines and having a minimum horizontal depth measured from the rear lot line as specified for the district in which the lot is located. Where such yard abuts an alley, the depth of the rear yard may be measured from the center line of the alley. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard (see Appendix A).

Yard, street

means the lot area which lies between the street right-of-way and the actual front wall line of the building and as imaginatively extended from the outward corners of the building, parallel to the street to the side lot lines. Steps and unenclosed porches shall be excluded, but such wall line shall include any irregular building indentations.

On corner lots, the street yard shall consist of all lot area between both streets and their corresponding actual front building wall lines, as such lines are imaginatively extended in the manner described above.

When there are multiple buildings on a lot, the street yard shall consist of all the area between the street right-of-way and any imaginary line beginning at one side of the lot, running parallel to the street, connecting to the foremost corner of the building wall fronting the street and nearest such side lot line, then following and connecting the foremost walls of all buildings fronting the street, and then extending parallel to the street side lot line. If a building has a rounded front, the front building wall corners shall be the points closest to the side boundaries. Isolated buildings (i.e., fast food restaurants in a shopping center, photo processing drop-offs, bank drive throughs, etc.) shall not be considered in delineating street yards. On land used only for off-street parking purposes, the street yard shall consist of the entire lot (see Appendix A).

(c)

Amendments to definitions.

Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the city council after conducting a public hearing and receiving the recommendations and report of the planning and zoning commission on such amendments or additions.

(Ordinance 1133, § 1(1-700), 3-22-94; Ordinance 1177, § I, 5-23-95; Ordinance 1445, §§ 1-4, 9-26-00; Ordinance 1535, § 5, 6-25-02; Ordinance 1692, § I, 5-31-05; Ordinance 1708, § I, 9-27-05; Ordinance 1806, § 1, 2-26-08; Ordinance 1847, § 1, 4-28-09; Ordinance 1977, § 1, 11-13-12; Ordinance 1978, § 1, 11-13-12; Ordinance 1976, § 1, 11-27-12; Ordinance 2307, 6-28-2022)