For the purposes of this Ordinance, certain words as used herein
are defined as follows:
A building, structure, or use which is subordinate to and serves
a primary use or principal structure;
A building, structure, or use which is subordinate in area,
extent, or purpose to the primary use served;
A building, structure, or use which contributes to the comfort,
convenience, or necessity of occupants of the primary use served;
A building, structure, or use which is located within the same
zoning district as the primary use; and
A building, structure, or use which in residential districts
is not used for commercial purposes other than legitimate home occupations,
and is not rented to or utilized by other than bona fide servants
employed on the premises or members of the family of the occupant(s)
of the principal structure. Examples of accessory buildings, structures,
or uses include, but are not limited to, private garages, greenhouses,
living quarters for family or servants, tool sheds, storage buildings,
greenhouses, radio or television antennae, or bathhouses. Persons
are related within the meaning of this provision if they are related
within the second degree of consanguinity or affinity.
Agricultural uses include activities that raise, produce
or keep plants or animals. Examples include but are not limited to
breeding or raising of fowl or other animals; dairy farms; stables;
riding academies; kennels or other animal boarding places; farming,
truck gardening, forestry, tree farming; and wholesale plant nurseries.
An “alley” is a public right-of-way, which affords
a secondary means of access to abutting property.
A place where animals are boarded and/or bred, including,
but not limited to, stables, kennels, veterinary clinics, and grooming
salons.
An “apartment” is a room or group of rooms used
as a dwelling for one (1) dwelling unit, said unit being equipped
for the preparation of food.
A building or portion of a building used or intended to be
used as a dwelling for three (3) or more families or households living
independently of each other, with each unit equipped for preparation
of food.
A building used or intended to be used as a dwelling for
two (2) or more families, who are permanent residents, living independently
of each other, in which building shall also be located, on the first
floor, living units for transient guests, and/or retail sales or services.
Where objects of art are created or displayed for the public
enrichment or where said objects of art are displayed for sale (including,
but not limited to, the teaching of photography, painting, sculpturing,
and other similar skills) as the primary use of the structure.
A building used to house the manager or attendant of a public
or private parking lot or other facility but not used for general
living space. The building shall have no provisions for sleeping or
cooking.
See Stable, Commercial or Private.
A story (or portion of a story) partly or totally below ground
level, with less than one-half of its height (measured from floor
to ceiling) above ground level.
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(Traditional). A residential structure
where two or fewer rooms are rented to transient paying guests on
an overnight basis with no more than one meal served daily, where
no cooking facilities are provided in the rooms and where the total
number of permanent and transient occupants does not exceed four at
any one time. The owner-operator of a traditional Bed and Breakfast
resides at that place. This is classified as a normal home occupation.
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(Non-traditional). A residential structure
where more than two rooms are rented to transient paying guests on
an overnight basis with no more than one meal served daily, where
no cooking facilities are provided in the rooms and where the total
number of permanent and transient occupants does not exceed four at
any one time. Non-traditional Bed and Breakfasts require a conditional
use permit and parking for guests must be off-street and of suitable
numbers for the maximum number of guests planned for in the Bed and
Breakfast. The owner-operator may or may not reside there.
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A tract of land bounded by streets (or street rights-of-way)
or a combination of streets and public parks, or corporate boundaries
of the City of Navasota.
A building other than a hotel, motel, or an apartment hotel
where, for compensation and by prearrangement for a definite period,
meals or lodging are provided for three or more persons, but not exceeding
twenty persons, and where there are no separate cooking facilities
for guests.
Includes kiln fired clay or shale brick manufactured to ASTM
C216 or C652, Grade SW, can include concrete brick if the coloration
is integral, shall not be painted, and it is manufactured to ASTM
C1634; minimum thickness of two and one quarter inches when applied
as a veneer, and shall not include unfired clay or shale brick.
An unimproved area required between adjacent structures in
lieu of a side or rear yard, may or may not be public right-of-way.
Any structure which is affixed to the land, has one or more
floors and a roof, and is bounded by either open area or the lot lines,
and is designed for human use or habitation. A building shall not
include such structures as billboards, fences or radio towers or structures
with interior surfaces not normally accessible for human use, such
as tanks, smoke stacks, grain elevators, and oil cracking towers or
similar structures.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
or gambrel roofs.
Is the officer or other designated authority charged with
the administration and enforcement of this Ordinance, or his duly
authorized representative.
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold, provided or
delivered.
A place containing facilities for washing automobiles which
may include the automatic or semiautomatic application of cleaner,
brushes, rinse water, and heat for drying.
The City Council of the City of Navasota, Texas.
An association of persons for the promotion of some common
non-profit objective, such as literature, science, politics, good
fellowship and similar objectives which meets periodically and access
to which is limited to members or members’ guests.
Shall mean a machine or game operated by any type of money
or legal tender.
A commercial establishment where foods or other commodities
are stored either in lockers, rented or leased, or in vaults in bulk
for distribution to residences or commercial businesses. No slaughtering
of animals or fowl is allowed on the premises.
Any enterprise whose main purpose is to provide the general
public with an amusing or entertaining activity, where tickets are
sold, coin or token operated machines are sited and/or fees are collected
for the use of facilities or at the gates of the activity. Commercial
amusements include zoos, carnivals, expositions, miniature golf courses,
driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos,
tent shows, Ferris wheels, children’s rides, roller coasters,
roller skating rinks, ice rinks, traveling shows, bowling alleys,
pool parlors, electronic or mechanical game rooms and similar enterprises.
A structure or location where plants, vegetables, flowers,
and similar materials are grown for sale.
A parcel or parcels of land, together with the improvements
to the land, the use and enjoyment of which are shared by the owners
and occupants of the individual building sites in a Planned Unit Development.
See also Nursing Home. Any structure used or occupied by
three (3) or more persons recovering from illness or receiving geriatric
care for compensation.
A retail sales outlet handling groceries and other goods
with or without gasoline sales and specializing in quick service.
Land area and buildings containing golf courses or other
recreational facilities, a clubhouse, and customary accessory uses,
open to members and their guests.
An open, unoccupied space bounded on more than two sides
by the walls of a building.
Any facility or premises where a total of seven (7) or more
children under sixteen (16) years of age, and/or elderly adults, regularly
attend for purposes of custody, care, or instruction; and which children
or elderly adults are not members of the immediate nuclear family
of any natural person actually operating the facility or premises.
Any private residence where a total of six (6) or fewer persons
regularly attend for purposes of custody, care, or instruction; and
which persons are not members of the immediate nuclear family living
in the residence. Nothing in this definition shall conflict with the
provisions of Chapter 42 of the Texas Human Resources Code. This is
a recognized home occupation.
Includes highly textured finish, such as split faced, indented,
hammered, fluted, ribbed or similar architectural finish; coloration
shall be integral to the masonry material and shall not be painted;
minimum thickness of two and five-eighths inches when applied as a
veneer; shall include light weight and featherweight concrete block
or cinder block units.
The subdivision of land; any manmade change to improved or
unimproved real estate, including but not limited to the construction,
reconstruction, conversion, or enlargement of any structure; and any
mining, dredging, filling, grading, paving, excavation or drilling
operations.
Any section of the City of Navasota for which the City Council
has adopted zoning regulations governing the use of buildings and
premises, the height of buildings, the size of yards, the intensity
of use, and other land use matters.
Any structure specifically designed to house students as
tenants and is associated with a university, college, or school.
A facility or structure that is designed to allow drivers
to remain in their vehicles before and during an activity on the site.
Drive-through facilities are a type of site development that is usually
found in conjunction with a quick vehicle servicing use or a retail
sales and service use. Drive-through facilities also include facilities
designed for the rapid servicing of vehicles, where the drivers may
or may not remain in their vehicles, but where the drivers usually
either perform the service for themselves, or wait on the site for
the service to be rendered. Drive-through facilities may serve the
primary use of the site or may serve accessory uses. Examples are
drive-up windows; menu boards; order boards or boxes; gas pump islands;
carwash facilities; auto service facilities, such as air compressor,
water, and windshield washing stations; quick-lube or quick-oil change
facilities; and drive-in theaters.
A residential structure providing complete, independent living
facilities for two separate families, including permanent provisions
for living, sleeping, cooking, eating, and sanitation in each unit.
A room or suite of two or more rooms designed or intended
for use by an individual or family in which culinary and sanitary
conveniences are provided for the exclusive use of such individual
or family.
Any building or portion of a building constructed for or
occupied exclusively by one family with culinary and sanitary conveniences
provided for their use.
A college or university authorized by the State of Texas
to award degrees.
Any facility or premises regularly attended by one or more
persons for the purpose of instruction. All instruction and activity
must be fully contained within the building. Such types of instruction
include classes in acting, art, dance, music, photography, and martial
arts.
Any facility or premises regularly attended by one or more
persons for the purpose of instruction. Activities are allowed outside
of a building.
Any public or private school licensed by the State which
is designed, constructed, or used for education or instruction of
students below the age of 20.
Any facility or premises regularly attended by one or more
persons for the purpose of instruction. All instruction and activity
must be fully contained within a building.
Any public or private secondary or higher education facility
primarily teaching usable skills that prepare students for jobs in
a trade and meeting the state requirements as a vocational facility.
All instruction and activity must be fully contained within the building.
Any electronic, mechanical heating element or battery operated
device that delivers nicotine or other substances for inhalation.
This term shall include every variation and type of such devices whether
they are manufactured, distributed, marketed, or sold as an electronic
cigarette, an electronic cigar, an electronic cigarillo, an electronic
pipe, an electronic hookah, vape pen, tank system, advanced personalized
vaporizer, or any other product name or descriptor. The term does
not include a prescription medical device unrelated to the cessation
of smoking.
See Nursing Home.
Any building or portion of a building that, due to its design,
adornment, decoration or unique features, is of interest to the general
public as an important asset to the community.
Any number of individuals occupying a dwelling unit and living
together as a single housekeeping unit, in which not more than three
(3) individuals are unrelated by blood, marriage, adoption, or guardianship.
Domestic animals generally used or raised on a farm for profit,
including but not limited to cattle, horses, cows, sheep, bulls, stallions,
jacks, swine, goats and all domesticated fowl used for eggs or food.
An establishment where gasoline, oil, and grease, or automobile
accessories are sold, supplied, or dispensed to the motor vehicle
trade or where motor vehicles receive limited repair or equipped for
service, or where electric storage batteries are charged and cared
for, or a place where two (2) or more such activities are carried
on or conducted as the principal use of the establishment.
A structure where a group of people meet who are organized
for a common interest, usually cultural, religious, or entertainment
with regular meetings, rituals, and formal written membership.
A building occupied by and maintained exclusively for students
affiliated with an academic or vocational institution.
Any structure that due to its design or construction exists
independently of any other structure adjacent to its location. The
upstairs apartment above a retail or commercial use is not a freestanding
residence.
All of the property on one side of a street between two intersecting
streets (crossing or terminating) measured parallel along the line
of the street, or if the street is a dead-end, then such term shall
mean all of the property abutting on one side between an intersecting
street and the dead-end of the street.
A “commercial garage” is any premises with a
structure for housing more than five (5) motor vehicles or where any
vehicles are repaired for operation or kept for remuneration, hire
or sale and where a retail service station may be maintained as a
secondary use. Repairs to vehicles shall be done and vehicles partially
disassembled shall be housed inside the garage.
An accessory building designed or used for the storage of
not more than four motor-driven vehicles owned by the occupants of
the building to which it is accessory. Not more than one of the vehicles
may be a commercial vehicle of not more than a two-ton capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, or storing motor-driven vehicles.
Types of dwelling units varying from one (1) to four (4)
bedroom dwellings depending on the character of the developments;
compact or efficiently arranged for maximum efficiency. Lot coverage
is usually less than apartment homes.
Glass with more than 20% reflectance is not permitted. Exemption
may be allowed if a professionally licensed architect or professional
engineer provides calculations verifying that energy code compliance
cannot be achieved without a greater use of glass with higher reflectance.
Such calculations shall be verified and approved by the Chief Building
Official and shall comply with the International Energy Code. Pink
and gold glass shall not be permitted.
A building or structure owned, operated, or occupied by a
governmental agency to provide a governmental service to the public.
A building designed and equipped for the conduct of sports,
or exercise, or other customary and usual recreational activities,
operated for profit or not for profit and which is open only to members
and guests of the club or facility.
Any occupation or activity carried on by a member of the
immediate family, residing on the premises, in connection with which
there is used no sign other than a name plate as allowed by the City’s
Sign Ordinance attached to the building, and no display that will
indicate from the exterior that the building is being utilized in
part for any purpose other than that of a dwelling; and, no mechanical
equipment is used except of a type that is similar in character to
that normally used for purely domestic or household purposes. Retail
sales from the home to walk up or drive up customers, cafes, or diners
and barber or beauty shops are not considered a normal home occupation.
Examples include but are not limited to crafts, woodworking, dressmaking,
custom cakes or other small scale catering that uses no commercial
type or size equipment, professional services such as bookkeeping
or handling of telephone orders, traditional Bed and Breakfasts, and
day care for six (6) or fewer persons.
A building or portion thereof, used or designed for the housing
or treatment of the sick, aged, 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.
A building used or intended to be used as living quarters
for transient guests, but not excluding permanent guests, and may
include a cafe, drugstore, clothes pressing shop, barber shop, or
other service facilities for the guests for compensation. A transient
guest is any visitor or person who owns, rents, or uses a lodging
or dwelling unit, or a portion thereof, for less than 30 days and
whose permanent address for legal purposes is not the lodging or dwelling
unit occupied by the visitor.
A business that specializes in the sale, use or consumption
of electronic smoking devices, vapor products, hookah pipes and hookah
accessories, shisha, smoking accessories, and similar products, services
or materials.
A business establishment, or portion thereof, whether as
its primary use or as an ancillary use, where patrons smoke shisha
from a communal hookah or from a hookah placed throughout the establishment,
and may include the sale of shisha for consumption on the premises
by patrons and the sale or rental of hookah pipe accessories. The
term "hookah lounge" includes but is not limited to establishments
variously known as hookah parlors, hookah cafes, and hookah bars.
A pipe for smoking shisha or other substance consisting of
one or more long flexible stems or tubes connected to a container
of water or other liquid through which smoke is drawn and cooled.
A use engaged in the basic processing and manufacturing of
materials or products or parts, predominantly from extracted raw materials,
or a use engaged in storage of, or manufacturing processes using hazardous,
flammable or explosive materials, or storage or manufacturing processes
that potentially involve hazardous or commonly recognized offensive
conditions.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
Any location where five (5) or more dogs or cats aged six
(6) months or older are boarded or bred. The sale of these animals
may be a part of the kennel use. Establishments where animals are
offered for sale as the primary use, such as pet stores, are not classified
as kennels.
Any school, private or parochial, operating for profit or
not, attended by four (4) or more children at any one time during
part of a twenty-four (24) hour day, which provides a program of instruction
for children below the first grade level in which constructive endeavors,
object lessons, and helpful games are prominent features of the curriculum.
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 12 by 35 feet.
As used herein, a “lot” is the smallest physical
and undivided tract or portion of land as shown on a duly recorded
plat.
A lot that has an interior angle of less than 135 degrees
at the intersection of two street lines. A lot abutting upon a curved
street shall be considered a corner lot if the tangents of the curbs
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135 degrees.
A lot having a frontage on two parallel streets.
A building lot other than a corner lot.
The area of a lot between lines, including any portion of
an easement that may exist within such lot lines.
A lot which is part of a subdivision, the map or plat of
which has been recorded in the office of the County Clerk of Grimes
County; or a parcel of land, the deed of which was recorded in the
office of the County Clerk of Grimes County.
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. The term does not include a recreational vehicle
as that term is defined by 24 Code of Federal Regulations, Section
3282.8(g).
A parcel of land in a manufactured home park for the placement
of a single HUD-code manufactured home and the exclusive use of its
occupants.
A parcel of land designed as an area for manufactured homes
to be installed as residences containing lots for the placement of
homes, roads, utilities, and drainage in accordance with all applicable
provisions of the City’s Code of Ordinances and other regulations
governing manufactured home parks.
Includes that form of construction defined below and composed
of clay brick, stone, decorative concrete block, rock or other materials
of equal characteristics laid up unit by unit set in mortar.
A facility operated by one or more physicians, dentists,
chiropractors, or other licensed practitioners of the healing arts
for the examination and treatment of persons solely on an outpatient
basis. A medical clinic may include a medical or dental laboratory,
but may not include facilities for providing room or board for patients,
nor may a medical clinic include offices or facilities for veterinarians.
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.
A dwelling unit built by a builder or developer to allow
potential purchasers to see what the finished product will look like.
A structure or building module that is manufactured at a
location other than the location where it is installed and used as
a residence by a consumer, transportable in one or more sections on
a temporary chassis or other conveyance device, and designed to be
used as a permanent dwelling when installed and placed upon a permanent
foundation system. The term includes the plumbing, heating, air conditioning,
and electrical systems contained on the structure. The term does not
include a manufactured home or mobile home as defined in this Ordinance;
nor does it include building modules incorporating concrete or masonry
as [a] primary structural component.
A building or group of buildings including both separate
units or a row or rows of units that contains sleeping accommodations
primarily for transient occupancy, and provide off-street parking
space on the same building lot for the use of its occupants.
A residential structure providing complete, independent living
facilities for three or more families or households living independently
of each other and including permanent provisions for living, sleeping,
cooking, eating, and sanitation in each unit. Condominiums are included
in this definition.
More than one (1) principal building on a building plot.
A commercial establishment including, but not limited to,
bars, coffee houses, or similar establishments where a dance floor,
music, games, or other entertainment is provided and where the serving
of food is not the principal business. Specifically included in this
classification are establishments that derive 75% or more of their
gross revenue from the on-premise[s] sale of alcoholic beverages.
Sexually-oriented Businesses/Enterprises are not included in this
definition.
The use of land or a building, or portion thereof, which
does not conform with the use regulations of the district in which
it is situated and which use was in existence prior to the effective
date of this Ordinance and any subsequent changes.
A building, or portion thereof, used or designed for the
housing of the aged, and/or mentally or physically handicapped persons
who are under daily medical, psychological, or therapeutic care; 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.
The use or intended use of land or buildings by owners, occupants,
proprietors or tenants.
An area for storage of an automobile that is entirely on
private property. The surface of the area shall be constructed of
four inches of reinforced concrete or one and one-half inches of hot
mix asphalt, cobble stones or bricks, on a stabilized base four inches
thick, or by special permission of the City Engineer or Director of
Public Works other suitable surfaces to compliment the architectural
style of the property. See City Street Ordinance Sec. 3.07.112(e).
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government and generally
furnished with desks, tables, files, and communication equipment.
The part of a building lot, including courts or yards, which
are open and unobstructed from its lowest level to the sky, which
is accessible to all residents upon a building lot, which is not part
of a roof, and which does not include court recesses. Open space shall
also mean an open area or recreational facility which is designed
and intended to be used for outdoor recreation. An area of common
usable open space shall include landscaping, walks, recreational facilities,
water features and decorative objects such as artwork or fountains.
Usable open space shall not include: rooftops; accessory buildings,
except those portions of any building designed specifically for recreational
purposes; parking areas; driveways; turnaround areas; or the right-of-way
or easement for streets or alleys. When used in planned unit development
or similar development proposals, the term “open space”
shall apply to both private and common ownership property designated
for outdoor living and/or recreation.
The keeping, in an unenclosed area, of any goods, items,
material or merchandise in the same place for more than twenty-four
(24) hours and not actively being sold.
A paved surface area, enclosed or unenclosed, sufficient
in size to store one automobile, with a paved surface driveway connecting
the parking space with the street or alley and permitting ingress
and egress of an automobile.
Land used primarily for the grazing of animal stock.
An establishment which provides services related to grooming,
appearance, care, or repair of personal apparel; and which may sell
products used or recommended for those same purposes incidental to
the services provided.
A building or structure, or group of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A land area, which (1) has individual building sites and
common property such as a park and (2) is designed to be capable of
satisfactory use and operation as a separate entity without necessarily
having the participation of other building sites or other common property.
The ownership of the common property may either be public or private.
A development planned with variations, flexibility and discretionary
modifications from standards of the City of Navasota Subdivision Ordinance,
Zoning Ordinance, Engineering Design Standards and Construction Details,
Sign Ordinance and other requirements, standards and ordinances considering
recommendations of the Planning and Zoning Commission and as the City
Council may deem appropriate.
The Planning and Zoning Commission of the City of Navasota,
Texas.
A Plan showing use of the land, to include locations of buildings,
drives, sidewalks, parking areas, drainage facilities, and other structures
to be constructed. This definition includes site plans.
A business in which the product sold is a service or services
rather than goods or merchandise. Examples include but are not limited
to insurance sales, investment counselors, dentists, medical clinics
(but not veterinarians), photographers, artists, attorneys, corporate
business offices, real estate offices or other similar uses.
A recycling facility located on an independent site, or larger
than 500 square feet, where limited mechanical processing may or may
not occur, depending on the zoning district in which the facility
is located.
A facility that occupies no more than 500 square feet, and
provides containers for collection only of source separated recyclables,
with no power-driven processing equipment on site. Small collection
facilities are normally located on parking lots of the host use. These
may include, but are not limited to, bulk reverse vending machines,
a grouping of reverse vending machines that exceed 50 square feet,
kiosk-type structures that may include permanent structures, and unattended
recycling bins placed for the donation of recyclable materials.
An establishment or facility used for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
An establishment that serves food and beverages primarily
to persons seated within the building. This includes, but is not limited
to, cafes, tea rooms, and outdoor cafes.
A restaurant with a market segment between Fast Food and
Fine Dining restaurants usually characterized by table service, a
relatively fully-stocked and full-service bar, and a bill per dinner
averaging $10–$30 (as of 2009 pricing) for an evening meal and
slightly less for lunch and does not provide drive-thru service.
A restaurant serving formal-style dinner, and services where
food and drink are prepared and served. Customer turnover rates are
typically one hour or longer. Such establishments serve dinner but
generally do not serve breakfast and may or may not serve lunch or
brunch. These restaurants usually have a dress code and do not provide
drive-thru service.
An establishment that offers quick food which is accomplished
through a limited menu of items already prepared and held for service,
or prepared quickly. Orders are not generally taken at a customer’s
table and food is generally served in disposable wrapping or containers,
and may provide drive-through service.
A retail establishment selling meats, fruits, vegetables,
bakery products, dairy products, light hardware, and other similar
items which are purchased for use and/or consumption off the premises
(may be a drive-in or supermarket type).
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Refers to right-of-way for streets and alleys, which includes
pavement, sidewalks, utilities and other public use.
A house containing a room or group of rooms provided for
individual use in exchange for compensation either in a converted
single-family home or in a structure specifically designed for such
purpose. No cooking facilities are provided in individual living units.
Any transfer, exchange, or barter, in any manner or by any
means whatsoever, for a consideration, and includes and means all
sales made by any person. The term "sale" includes a gift by a person
engaged in the business of selling vapor products, for advertising,
promoting, or as a means of evading the provisions of this chapter.
A place where non-organic waste, discarded or salvage materials
are bought, sold, exchanged, baled, packed, disassembled, or handled,
including auto wrecking yards, house wrecking yards, used lumber yards,
and places for storage of salvageable items, house wrecking, and structural
steel materials and equipment. Other materials include, but are not
limited to, lumber, pipes, metal, paper, rags, tires, bottles, motor
vehicle parts, machinery, structural steel, equipment/vehicles, and
appliances. This does not include such places where such uses are
conducted entirely within a completely enclosed building; and not
including pawn shops and establishments for sale, purchase, or storage
of used furniture and household equipment when conducted entirely
within a completely enclosed building, sale of used cars in operating
condition, or salvaged materials incidental to a manufacturing operation.
A building where persons regularly assemble for the purpose
of instruction or education, together with playgrounds, dormitories,
stadia and other structures or grounds used in conjunction therewith
and is limited to public and private schools used for primary, secondary
or college education. This includes any facility where tutoring of
more than 10 students at one time takes place on a regular basis.
Living spaces for domestic servants, gardeners or childcare
specialists that have the same utility connections as the main house
and cannot be rented out as separate living facilities.
A line, which marks the setback distance from the property
line and establishes the minimum required front, side, or rear yard
space of a building plot.
Any business whether in public, semi-public, or private premises
which offers the opportunity to feel, handle, touch, paint, be in
the presence of, or be entertained by the unclothed body or the unclothed
portion of the body of another person, or to observe, view, or photograph
any such activity. Except as provided herein, this definition is not
intended to regulate:
Any business operated by or employing licensed psychologists,
licensed physical therapists, licensed athletic trainers, licensed
cosmetologists, or licensed barbers performing functions authorized
under the licenses held.
Any business operated by or employing licensed physicians, licensed
practical nurses, or licensed chiropractors engaged in practicing
the healing arts.
Any bookstore, movie theater, or video store, unless that business
includes sexually-oriented materials. Sexually-oriented businesses
include, but are not limited to, adult retail stores, limited adult
retail stores, adult arcade, adult cabarets, adult movie theaters,
adult theaters, adult motels, body rub parlors, nude modeling studios,
sexual encounter centers, and escort agencies.
Flavored tobacco, herb(s) or plant product smoked in a hookah,
usually mixed with molasses or honey and often fruit pulp or dried
fruits.
A facility to be utilized for discharging firearms for purpose
of testing the firearm or ammunition, developing or enhancing shooter
skills for recreation or other need, which is organized and equipped
for safety of persons utilizing the facility and the general public.
A composite arrangement of shops and stores, which provides
a variety of goods and services to the general public, when developed
as an integral unit.
A house or place, constructed on the site of its location,
designed for a person or family to live in, in an individual or private
state, and to be occupied as a home for an occupant, or the occupant
and his or her family, if any, and not designed to be occupied by
more than one family.
The gases, particles or vapors released into the air as a
result of combustion, electrical ignition or vaporization, including
from an electronic smoking device, when the purpose of the combustion,
electrical ignition or vaporization is human inhalation of the gases,
particles or vapors. Smoke does not mean the combustion of material
solely for olfactory purposes that does not contain any tobacco or
nicotine.
Engaging in an act that generates smoke, such as possessing,
using or operating a lighted hookah pipe or an electronic smoking
device, including but not limited to inhaling, exhaling, burning or
carrying any lighted or heated hookah pipe or an electronic smoking
device as defined herein, or the use of any oral smoking device for
the purpose of delivering nicotine or other vaporized liquids to the
person inhaling from the device.
Commercial barn or stable shall mean a stable used for the
rental of stall space or for the sale or rental of horses or mules.
Private barn or stable shall mean an area used solely for the owner’s
private purposes for the sale or keeping of horses, mules or ponies,
and not kept for remuneration, hire or sale.
Includes naturally occurring granite, marble, limestone,
slate, river rock, and other similar hard and durable all weather
stone that is customarily used in exterior building construction;
may also include cast or manufactured stone product, provided that
such product yields a highly textured stone-like appearance, its coloration
is integral to the masonry material and shall not be painted, and
it is demonstrated to be highly durable and maintenance free; natural
or manmade stone shall have a minimum thickness of two and five-eighths
inches when applied as a veneer.
The keeping, in an unenclosed area, of any goods, items,
material or merchandise in the same place for more than twenty-four
hours and not actively being sold.
A structure containing separate, individual, and private
storage spaces of varying sizes.
A “storage garage” is any premises and structure
used exclusively for storage of more than five (5) automobiles.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, the space between the
floor and the ceiling next above it.
A way for vehicular traffic or parking, whether designated
as a highway or any of the following types:
Residential street, serves a residential neighborhood of no
more than 25 dwelling units, a cul-de-sac, loop or short street.
Collector street, to serve multiple residential areas.
Arterial street, is a through traffic street, generally aligned
in the direction of major traffic movement.
Parkways and boulevards are cross-town traffic thoroughfares,
for mass movement of traffic.
Commercial streets, includes both business and industrial streets,
serving such respective areas.
A dividing line between a lot, tract, or parcel of land and
a contiguous street.
Any change which would tend to modify the life of a supporting
member of a structure such as bearing walls, columns, beams, or girders.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Stucco shall be defined as traditional three-step hard coat
stucco applied over a masonry or concrete backing.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
A single-family dwelling unit constructed in a series or
a group of attached units with property lines separating such units,
usually with the dividing wall between units falling on the property
line.
A wireless telecommunications support structure designed
primarily of the support and attachment of a wireless telecommunications
facility. Transmission towers include:
Monopole Tower -
A self-supporting structure composed of a single spire used
to support telecommunications antenna and/or related equipment.
Lattice Tower -
A self-supporting three or four sided, open, steel frame
structure used to support telecommunications antenna and/or related
equipment;[.]
Guyed Tower -
An open, steel frame structure that requires wires and anchor
bolts for support.
Stealth Tower:
A manmade tree, clock tower, church steeple, bell tower,
utility pole, light standard, identification pylon, flagpole, or similar
structure, that is camouflaged to be unrecognizable as a telecommunications
facility, designed to support or conceal the presence of telecommunication
antennas and blends into the surrounding environment.
Any building, premises, or land in which or upon which a
business, service, or industry involving the maintenance, servicing,
storage, or repair of commercial vehicles is conducted or rendered,
including the dispensing of motor fuel or other petroleum products
directly into motor vehicles and the sale of accessories or equipment
for trucks and similar commercial vehicles. A truck stop also may
include overnight accommodations and restaurant facilities primarily
for the use of truck crews. For the purposes of this definition, a
use is classified as a truck stop when more than 10 fuel pumps are
situated on the premises.
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained, and shall include any manner or performance of such activity
with respect to the performance standards of this Ordinance.
Permits ruled on by the Planning and Zoning Commission allowing
certain uses in zoning districts.
Conditional Uses are generally compatible with those uses permitted
by right in a zoning district, but require individual review of their
location, design, configuration, density and intensity. These are
granted to the land and will continue to be valid with sale or transfer
of property.
Specific uses are not generally compatible with those uses permitted
by right in the zoning district, but by the unusual circumstances
(existing uses and historic uses) in the area, consideration of the
use is advisable. These are granted to a person and do not transfer
with change of ownership of the property unless such change is by
inheritance.
Infrastructure services and structures necessary to deliver
basic utilities essential to the public health, safety, and welfare.
This includes all lines and facilities provided by a public or private
agency and related to the provision, distribution, collection, transmission
or disposal of water, storm and sanitary sewage, oil, gas, power,
information, telephone cable, electricity and other services provided
by the utility. This does not include Wireless Telecommunication Facilities.
A business establishment, or portion thereof, whether as
its primary use or as an ancillary use, where patrons operate or smoke
electronic vaping devices and may purchase vapor products for consumption
on the premises, and further may include the sale of electronic vaping
devices. The term "vape lounge" includes but is not limited to establishments
variously known as vape parlors, vape cafes, and vape bars.
Any noncombustible product that may contain nicotine and
that employs a heating element, power source, electronic circuit,
or other electronic, chemical, or mechanical means, regardless of
shape or size, that is intended to be used with or in an electronic
smoking device to produce vapor or aerosol from a solution or other
substance.
A legal modification in the application of specific Zoning
District regulations such as yard, lot width and yard depth, signs,
set back and off-street parking, and loading regulations granted due
to the special conditions or circumstances peculiar to a particular
parcel of property.
A retail commercial establishment which supplies an assortment
of household goods, toys, limited light hardware items, candy, some
clothing, and other general merchandise.
Any premises or structures when used for the servicing and/or
repair of motor vehicles, including paint and body work, engine rebuilding
and minor maintenance activities, irrespective of commercial gain
derived there from. Excepted from this definition are residential
premises where not more than two motor vehicles belonging to the lawful
residents thereof are involved in such activities at any one time,
and not in operating condition, or where not more than one motor vehicle,
whether or not in operating condition, and not belonging to the lawful
residents thereof, is involved in such activities for a period of
more than one week, and only one motor vehicle may be serviced and/or
repaired each month.
Any premises or structures used for the sale and or rental
of motor vehicles.
A structure or room used for the storage of merchandise or
commodities.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; to other wholesalers; or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
An unstaffed facility operating for the transmission and
reception of low-power radio signals consisting of an equipment shelter
or cabinet, a support structure, antennas, and related equipment.
An open space or grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side
lot lines, and being the minimum horizontal distance between the street
line and the main building or any projections of the usual uncovered
steps, uncovered balconies, or uncovered porches. On corner lots,
the front yard shall be considered as parallel to the street upon
which the lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies, or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard,[.]
A yard between the main building and side line of the lot,
and extending from the required front yard to the required rear yard,
and being the minimum horizontal distance between a side lot line
and the side of the main buildings or any projections thereof.
Definitions not expressly described herein are to be construed
in accordance with customary usage in municipal planning and engineering
practices. Words used in the masculine or feminine shall also be construed
to mean the other.
(Ordinance 626-10 adopted 9/27/10; Ordinance 736-14, sec. 5, adopted 5/13/14; Ordinance 1051-24 adopted 9/9/2024)
