City of Krum, TX DEFINITIONS

GENERAL RULES OF CONSTRUCTION:

Usage:

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter.

Conflicts:

When words and terms are defined herein, and are also defined in other ordinance(s) of the City, they shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this Article VI shall control.

Grammatical Interpretation:

Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; words used in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise.

Specific Word Usage:

The word “shall” is mandatory and not discretionary.

The word “including” shall be construed as meaning “including, but not limited to.”

The word “includes” shall be construed as meaning “includes, but is not limited to.”

The word “year” shall be construed as meaning three hundred and sixty-five (365) calendar days, and such time period shall end at 12:00 midnight on the evening of the three hundred and sixty-fifth (365th) day.

The word “month” shall be construed as meaning thirty (30) calendar days, and such time period shall end at 12:00 midnight on the evening of the thirtieth (30th) day.

The words “developer,” “applicant” and “subdivider” shall not, in all cases, be limited as a reference to the property owner. The Mayor, or his/her designee, at his/her sole discretion, may also interpret any of these terms to mean a person(s) who are duly authorized to act on behalf of the property owner as an agent.

The words “Mayor,” “City Secretary,” or any other term referring to an administrative official of the City shall be construed as meaning, and also including, a designee of that official.

Words Not Defined:

Terms not herein defined shall have the meaning assigned to them in the City’s Building Code or other applicable City code. Terms not herein defined nor defined in any applicable City code shall have the meaning customarily assigned to them in the planning and zoning profession.

Interpretation Authority:

The Mayor, or his/her designee, shall have the authority to interpret any undefined term and any defined but ambiguous term used in this Ordinance. The Mayor’s interpretation decision may be appealed to the Board of Adjustments (BOA) in the manner prescribed in Section 9 of this Ordinance.

Land Use Definitions & Matrix Correlation:

The symbol [x] denotes that the definition is reflected as a use in the Use Charts in Section 37.2 of this Ordinance.

Definitions in Other Locations Within The Zoning Ordinance:

Words that are specific to certain regulations within this Ordinance shall be as defined in those applicable sections, subject to the general rules of construction within this Section 49.1.

49.2

DEFINITIONS:

ACCESS:

Means of approaching or entering a property. Includes a right of passage to and from an adjacent street, alley, or property.

ACCESSORY:

Being secondary or subordinate to something else.

ACCESSORY DWELLING:

See Dwelling, Accessory.

ACCESSORY STRUCTURE:

[x] A subordinate building, containing more than twenty (20) square feet of area and more than four feet (4') in height, which is detached from the main building and is clearly secondary and incidental to the main building on, and use of, the property.

ACCESSORY USE:

A use that is clearly and customarily incidental and secondary to the permitted or principal use of land or building(s), and that is under the same ownership as and located upon the same lot as the principal use, and which does not change the character thereof. The land/building area that is used for the accessory use is significantly less than that used for the primary use.

ADJACENT:

Contiguous, abutting or touching, and to be separated only by common property lines or an alley.

ADJACENT TO RESIDENTIAL DISTRICT:

Located in such a manner as to be adjoining, contiguous with, or abutting a residential district boundary line, even when separated by an alley right-of-way or an easement.

AIRPORT/HELIPORT:

[x] An area reserved or improved for the landing or take-off of aircraft, including rotary wing aircraft, which may include hangars, fueling, repair and servicing facilities for such craft as well as facilities for passengers.

ALLEY:

A minor, public right-of-way which is used primarily for vehicular access to the back or side of properties, and affords only secondary means of access to property abutting thereon.

ALL-WEATHER SURFACE:

Paving material that provides a hard base for automobile use. An all-weather surface shall be composed of asphaltic or Portland cement bind pavement or other pavement material approved by the City Engineer, so as to provide a durable and dustless surface.

ALTERNATIVE FINANCIAL ESTABLISHMENT:

[x] A check cashing business, payday advance or loan business, car title loan business, or a money transfer business. Does not include a bank or financial institution. With respect to a check cashing business, does not include a pawnshop, a grocery store, or a convenience store or similar retail business that cashes checks or money orders, or that issues money orders or money transfers for a minimum flat fee as a service incidental to its main purpose of business, provided that the check cashing service does not constitute fifty percent (50%) or more of the trade of that business.

AMENITY:

Aesthetic or other characteristics of a development that increase its desirability visually, desirability to the City or its marketability to the public. Amenities may vary according to the type and nature of development, but examples include a naturalized retention/detention pond, a clubhouse, a recreational facility, landscaping, large tree groves, trails and pathways, etc.

ANIMAL FEED PROCESSING & STORAGE:

[x] A large-scale manufacturing operation that prepares or produces foods for animal consumption such as livestock feeds, foods and snacks for domestic animals, and other similar animal-consumables primarily for commercial or wholesale customers for off-site distribution and consumption. Includes dry and cold storage of animal food products, unless such is incidental to another primary use such as a pet store, stable or agricultural operation. Can include incidental retail sales of animal food products produced on the premises. Does not include the preparation or manufacture of products for consumption by humans (see definition for Food Processing and Storage), or the slaughtering of any type of animal.

ANTENNA, COMMERCIAL:

[x] An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (such as, commercial broadcasting, cellular/wireless telecommunications). A satellite dish antenna that exceeds six feet (6') in diameter shall also be considered as a commercial antenna.

ANTENNA, PRIVATE:

[x] An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use. A satellite dish antenna not exceeding six feet (6') in diameter shall also be considered as a noncommercial antenna.

ANTENNA OR MICROWAVE REFLECTOR:

An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes.

ANTENNA SUPPORT STRUCTURE:

An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.

APPLICANT.

Means a person who has filed a written application or petition with the City, its officers, agents, or assigns for an activity, use, status, event or other matter.

ANTIQUE SHOP, INDOORS:

[x] A retail establishment engaged in the sales of works of art, furniture or other artifacts of an earlier period (such objects’ value is typically greater than original purchase price because of age, scarcity or intrinsic value), with all sales and storage occurring completely inside a building unless otherwise allowed in the zoning district. Does not include the sales of any car, truck, recreational vehicle, boat, trailer, truck, motorcycle, all-terrain vehicle, personal watercraft, or other automotive or motorized vehicle.

ARCADE:

Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent (10%) of the public floor area is devoted to three (3) or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term “amusement device,” as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

AREA REGULATIONS:

The regulations controlling minimum lot area, minimum lot depth and width, maximum building area or coverage, as well as required front, side and rear yards.

ARTICULATION:

An interruption/differentiation of the building wall plane with either a recess (concavity) or an offset (convexity) that projects away from the building wall plane by a measurable distance.

ATHLETIC EVENTS FACILITY, INDOOR:

[x] A facility operated to accommodate indoor sporting events such as basketball, volleyball, indoor tennis, racquetball/handball, hockey, gymnastics, indoor soccer, futsal, indoor swimming/scuba, etc. Uses and facilities may include, but are not limited to, indoor game courts, fields and ice rinks, weight lifting and exercise equipment, aerobics, swimming pools and spas, running/jogging tracks, spectator seating and bleachers, sport gear shops, concessions, etc.

ATHLETIC EVENTS FACILITY, OUTDOOR:

[x] An outdoor facility operated to accommodate outdoor sporting events such as football, soccer, baseball, softball, tennis, skateboarding, etc. Uses and facilities may include, but are not limited to, game fields, outdoor game courts, swimming pools, running/jogging tracks, spectator seating and bleachers, sport gear shops, concessions, etc.

ATHLETIC FIELD, STADIUM, ARENA:

[x] An athletic field or stadium that is owned and operated by a public agency, such as a public school district, for the general public.

AUTOMOBILE:

A vehicle that is designed primarily for passenger use such as a car, pickup, sport utility vehicle or passenger van. Does not include motorcycles, all-terrain vehicles (ATVs), motorbikes, motor scooters, golf carts, trailers, recreational vehicles (RVs), etc.

AUTOMOBILE LEASING/RENTAL:

[x] A business establishment that provides for the renting of automobiles (not trucks or heavy load vehicles) on a short- or long-term basis. May include the incidental storage of automobiles being rented. Does not include on-site storage of inoperable vehicles or vehicles requiring repair for more than three (3) calendar days.

AUTOMOBILE PARTS SALES, RETAIL (INDOORS):

A retail store that specializes in the inside display and sale of new or used automotive accessories and parts for automobiles (not trucks or heavy load vehicles) and personal use trailers (classified as a Retail Store). Does not include a Salvage Yard, on-site overnight storage of inoperable vehicles or vehicles requiring repair, on-site repair of vehicles, vehicle repair bays, or other outdoor storage.

AUTOMOBILE PARTS SALES & SERVICE:

See Automobile Repair, Minor.

AUTOMOBILE REPAIR, MAJOR:

[x] General repair or reconditioning of automobiles including the following: engines, air-conditioning systems and transmissions for motor vehicles; wrecker service (maximum of one wrecker maintained on-site for incidental towing); collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under Automobile Repair (Minor); and other similar uses. All repair operations shall occur inside a structure. Includes no outdoor storage except the parking of vehicles being repaired, which may remain on-site for no longer than sixty (60) calendar days. Includes incidental sale of unclaimed vehicles with proof that such vehicles were brought into the facility for repair but were then abandoned back to the repair facility by their owners.

AUTOMOBILE REPAIR, MINOR:

[x] Minor repair of automobiles including the following: replacement of parts, tires (includes tire store), tubes and batteries; diagnostic services; minor maintenance services such as grease, oil (includes oil/lube facility), spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; the repair and replacement of automotive glass and upholstery; and other similar minor repair and maintenance services, but not including any operation named under Automobile Repair (Major) or any other similar use. Can include courtesy wrecker service (maximum of one wrecker maintained on-site for incidental towing). All repair operations shall occur inside a structure. Includes no outdoor storage except the parking of vehicles being repaired, which may remain on-site for no longer than fourteen (14) calendar days.

AUTOMOBILE SALES, NEW OR USED:

[x] Retail sales of new or used automobiles. May include, as accessory uses incidental to the primary use, the following: major and minor vehicle repairs, parts sales, on-site fuel tank(s) for use by the operation only (no retail fuel sales) if such are approved by the Fire Department and Building Official, vehicle leasing in lieu of purchase and vehicle rental to service customers.

AWNING:

A roof-like cover supported from the exterior wall of a building, often of fabric, metal or glass, designed and intended to provide protection from the elements.

BAIT SALES, LIVE:

[x] The storage and sale of fishing bait such as minnows, worms, crickets, etc.

BAKERY, COMMERCIAL:

[x] A large-scale food manufacturing operation of over three thousand (3,000) square feet that produces baked goods such as bread, buns, biscuits, ice cream cones, cakes, and pies primarily for commercial/wholesale customers for off-site distribution and consumption. Can include incidental retail sales of baked goods produced on the premises.

BAKERY, RETAIL:

[x] A small-scale, retail sales establishment of three thousand (3,000) square feet or less that specializes in the production, decorating and sale of oven-baked cakes, pies, doughnuts, bread and other similar specialty baked and dessert items primarily for off-site consumption. Can include on-site consumption of baked goods with appropriate permits.

BASEMENT:

That portion of a building having one-half or more of its floor-to-ceiling height below grade level and having a floor-to-ceiling height of not less than six-and-one-half feet (6.5'). A basement shall not be counted in computing the number of stories allowed by this Ordinance.

BATCHING PLANT:

[x] A permanent manufacturing facility that has fixed features with foundations for the facilities needed for the production of concrete and/or asphalt. May include mixing plants, conveyor belts, office building(s), storage structure(s) and other structures that are intended to remain in place for longer than one year. As a secondary use, an establishment may sell concrete and/or asphalt produced on the premises on contract in bulk or by the truck load. Includes significant outdoor storage.

BATCHING PLANT, TEMPORARY:

[x] A temporary manufacturing facility for the production of concrete and/or asphalt that is not intended to remain beyond the duration of the specific construction project(s) for which it is established. Shall be removed within thirty (30) calendar days following completion of its associated construction project.

BED AND BREAKFAST:

[x] An owner (or operator) occupied residence in which sleeping accommodations are provided for transient guests, and one or more meal(s) are provided (for guests only), both for compensation.

BLOCK:

An area enclosed by streets and occupied by or intended for buildings. A block is determined by the streets along its boundary which surround one or more lots. The streets used to determine a block shall be through streets, not cul-de-sac streets. A group of lots adjacent to a cul-de-sac shall not be counted as a block. Refer to Figure 49-1.

BLOCK FACE.

One side of a street between two consecutive intersections.

BLOCK LENGTH:

The distance along a side of a street between two intersecting streets. If the street is a dead-end type, the distance between the nearest street and the end of such dead-end street. Such distances shall be measured along the street centerline from one end of a row or group of lots to the other end. Refer to the illustration of block length shown in Figure 49-1.

Figure 49-1: Block & Block Length

BLOCK PARTY.

Means the use of a residential street for a neighborhood function in which traffic control is required.

BLOOD BANK:

[x] A facility that obtains blood from voluntary donors and that is registered or licensed by the Office of Biologics of the United States Food and Drug Administration and accredited by the American Association of Blood Banks or the American Red Cross Blood Services, or is qualified for membership in the American Association of Tissue Banks. The term includes a blood center, regional collection center, tissue bank, and transfusion service. The term does not include commercial blood plasma centers.

BOAT SALES, LEASING & REPAIR:

[x] An establishment offering the sales, leasing, rental, service and/or repair of boats that are over eighteen feet (18') in length (the sale of non-motorized boats under 18' in length shall be classified as general retail sales - see Retail Store). May include outdoor display and storage of inventory.

BREEZEWAY:

A small corridor with a roof, with no structure above it, and that is a maximum of five feet in width (but may be of any length and height). The corridor provides a walking path between a main building and an accessory building, usually a garage or carport, and is unenclosed (that is, open to the outside).

BUFFER:

An area of land that is intended to mitigate negative impacts and provide separation between land uses and/or along roadways. A buffer may be landscaped and may also include berms, walls, and/or fences.

BUILDING:

Any structure built for the support, shelter, or enclosure of persons, chattels or movable property of any kind and which is affixed to the land. When separated by an absolute fire separation, each portion of such structure so separated is deemed a separate building. This definition includes structures wholly or partly enclosed with an exterior wall and roof.

BUILDING - MAIN, PRIMARY or PRINCIPAL:

A building in which the permitted and/or principal use of the lot on which such use is situated is conducted.

BUILDING AREA:

Area of the building site left to be built upon after the required setbacks and easements have been provided.

BUILDING CODE:

All building-related regulations adopted under the Krum Code of Ordinances.

BUILDING FACADE, PRIMARY:

Any facade that faces, or is predominantly visible from, a public street or open space.

BUILDING/GARDEN MATERIALS SALES & STORAGE:

[x] The indoor and outdoor sale of building materials that are primarily oriented toward the wholesale building construction industry (including, but not limited to, lumber, drywall, bricks/stone, roofing, paint, electrical supplies, plumbing fixtures, concrete and mortars, doors, windows, siding, landscaping materials, tools, or hardware) rather than toward retail home improvement supplies. Materials offered for sale are palleted, bagged, crated, packaged or similarly contained, are commonly loadable either by hand or by using a forklift or other warehouse lifting device - does not include the sale or storage of uncontained materials (see definition for Bulk Materials Sales and Storage). (Also see definitions for the various types of Outside Display and Outside Storage.)

BUILDING HEIGHT:

The vertical distance measured from grade at the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip, or gambrel roof.

BUILDING LINE:

A line parallel or approximately parallel to the street line at a specified distance from there, marking the minimum distance from the street line that a building may be erected.

BUILDING, MIXED RESIDENTIAL:

[x] A building which may contain a variety of residential unit sizes or types, such as studio, 1-, 2- or 3-bedroom apartments, condominiums or lofts.

BUILDING, MIXED-USE BUILDING:

[x] A structure which combines residential and nonresidential uses in a single building.

BUILDING OFFICIAL:

That individual who is given primary responsibility for enforcement of the Building Codes of Krum, and with any applicable regulations within this Ordinance. This definition also includes any designee of the Building Official.

BUILDING PERMIT:

An instrument in writing signed by the Building Official or other designated responsible official authorizing described construction on a particular lot.

BUILDING or STRUCTURE FOOTPRINT:

The foundation below a building or structure including the area under any permanent structural canopies.

BULK MATERIALS SALES & STORAGE:

[x] The indoor or outdoor storage and sale of uncontained inanimate materials such as rock (including a granite “slab yard”), stone, sand, aggregates, powders, composts, wood chips, sod turf, soils and other building- and road-construction related materials. May include retail and/or wholesale sales of materials as a secondary use.

BUSINESS & MEDIA SERVICE:

[x] An establishment that provides business-related services not otherwise listed herein as a specified use. Includes, but is not limited to, services such as retail/small-scale print and copy shops, private mail and shipping services, office equipment sales/repair/service shops, etc. with a maximum square footage of five thousand (5,000) square feet. (For an establishment that is over 5,000 square feet, see Printing/Publishing House.)

BUS STOP:

[x] A location along a street right-of-way or on a private property where a publicly owned and operated transit system picks up and drops off passengers. Does not include any kind of parking, vehicle storage, or facilities or concessions for passengers.

CALL CENTER:

[x] An establishment larger than twenty-five thousand (10,000) [sic] square feet that solicits business or the purchase of goods and/or services, or that provides support services, by telephone or computer/internet. Typically, no physical sales of such goods and/or services occurs on-site. No products or inventory are typically stored at or on the premises. An establishment that is 10,000 square feet or less in size is defined as Office, General.

CARPORT and PATIO COVERS (RESIDENTIAL and NONRESIDENTIAL):

A roofed structure, open on a minimum of two (2) sides when attached to the primary structure and open on at least three (3) sides when detached from the primary structure. The roof may be supported by posts, columns or piers. Siding may extend down a maximum of two feet (2') from the roof and still be considered open on that side.

CAR TITLE LOAN BUSINESS:

An establishment that makes small, short-term consumer loans that leverage the equity value of a customer’s motor vehicle as collateral by taking physical possession of title to the vehicle, by executing a sale-leaseback agreement with the customer, or by executing a power of attorney with the customer, by means of which the borrower’s failure to repay the loan or make interest payments to extend the loan allows the car title loan business to take possession of the vehicle from the customer (see Alternative Financial Establishment).

CAR WASH, AUTOMATED/ROLLOVER:

[x] Washing, waxing or cleaning of automobiles involving an automated self-service (drive-through/rollover) wash bay(s) and apparatus.

CAR WASH, SELF-SERVICE/WAND:

[x] Washing, waxing or cleaning of automobiles involving self-service wand-type wash bays (usually open-air).

CAR WASH, FULL-SERVICE/DETAIL:

[x] Washing, waxing or cleaning of automobiles) where employees of the establishment wash, dry, wax and/or detail vehicles for a fee.

CELLAR:

See Basement.

CEMETERY:

[x] Land used or intended to be used for the below-ground burial of the dead and dedicated for cemetery purposes. Facility can include columbariums, crematoriums, mausoleums, mortuaries, funeral service chapels and on-site monument and floral sales, or any combination thereof.

CENTERLINE, STREETS or ALLEYS:

An imaginary line drawn midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the City Engineer.

CERTIFICATE OF OCCUPANCY:

A written instrument issued by the City authorizing a described use of a lot or building as set forth in the Building Code and in this Ordinance.

CHARITABLE BOARDING:

[x] A facility that provides free lodging and one or more of the following supportive services for indigent individuals and/or families with no regular home or residential address, on a nonprofit (that is, recognized as a charitable organization under the provisions of IRS Code 501(c)(3)) and temporary basis (that is, the facility is not being used as a permanent residence). Supportive services include, but are not limited to: provision of meals; assistance in obtaining permanent housing; medical counseling, treatment and/or supervision; psychological counseling, treatment and/or supervision; assistance in recuperating from the effects of, or refraining from, the use of drugs and/or alcohol; nutritional counseling; employment counseling; job training and placement; and child care.

CHECK CASHING BUSINESS:

An establishment that, for a fee or other payment taken out of the proceeds of the transaction, provides payment to the customer - regardless of an existing checking or other relationship between the establishment and the customer - of an amount of money equal to the face of a check, draft, warrant, written authorization for an electronic transfer of money, or similar representation of payment owed by a third party to the customer (see Alternative Financial Establishment).

CHURCH OR PLACE OF WORSHIP:

[x] A building for regular assembly for religious public worship which is used primarily for and designed for such purpose, along with accessory activities which are customarily associated therewith, and which is tax exempt as defined by State law. Accessory activities and services (including, but not limited to, meal service, charitable food and goods distribution, recreational and entertainment functions, retail sales, residential quarters, etc.) shall be oriented toward the primary nonprofit mission of the establishment to provide such activities and services to its congregation and shall not be for profit. Residential use(s) is limited to a rectory or parsonage residence for ministers, priests, nuns or rabbis on the premises, which shall not be sold or rented out to any entity who is not directly employed by the establishment, and which shall be allowed as an accessory use/structure on the same premises. Bible study and other similar activities which occur in a person’s primary residence shall not apply to this definition.

CITY:

The City of Krum, Texas.

CITY CODE:

The Code of Ordinances of the City of Krum, Texas.

CITY COUNCIL:

The governing body of the City of Krum, Texas.

CITY ENGINEER:

A licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters. This term shall also apply if the City retains a person to perform the functions of City Engineer as an official City employee.

CITY OFFICIAL:

a person acting in his official capacity as a member, officer, agent, contractor, or employee of the City.

CITY PLANNER:

A qualified professional planner, or firm of qualified professional consulting planners, that has been specifically employed by the City to assist in planning- and zoning-related matters. This term shall also apply if the City retains a person to perform the functions of City Planner as an official City employee.

CITY SECRETARY:

That person holding the office of City Secretary under the terms of the Krum City Charter or Code of Ordinances, or an authorized representative.

CITY STANDARDS:

See Technical Standards [sic].

CIVIC CLUB/FRATERNAL LODGE:

[x] A regular meeting place accommodating ten (10) or more members of a nonprofit, restricted membership group that has a specific purpose related to the welfare of its members, and that engages in civic, social and fraternal activities (including, but not limited to, Elks, Masons, Knights of Columbus, or a labor union). Does not include any organization that is incorporated, that offers its facilities or services on a commercial/for-profit basis (such as a Reception Hall), or that is required to be licensed by the State of Texas or by the Texas Alcoholic Beverage Commission.

CLOTHING STORE, RESALE (includes thrift store, consignment store):

See Used Goods, Retail Sales (Indoors).

COLLEGE OR UNIVERSITY:

[x] A post-secondary institution for higher learning that grants associate and/or bachelor degrees, and that also may have research facilities and/or professional schools that grant master and doctoral degrees, in a large campus-style setting with multiple buildings and parking areas, and that may also have a dormitory(s), bookstore(s), communal dining facility(s), and other typical college campus facilities. Does not include Business Schools, Trade Schools or Retail/Personal Services Training Schools.

COLLEGE OR UNIVERSITY, SATELLITE:

[x] A satellite/store-front location for a post-secondary institution for higher learning that grants associate and/or bachelor degrees and that also may have research facilities and/or professional schools that grant master and doctoral degrees. Does not generally have multiple buildings or parking areas, dormitory(s), bookstore(s), communal dining facility(s), or other typical college campus facilities. Does not include Business Schools, Trade Schools or Retail/Personal Services Training Schools.

COLLOCATION:

The use of a single support structure and/or site by more than one communications provider.

COMMENCE(ing) CONSTRUCTION:

The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction or development.

COMMERCIAL AMUSEMENT, INDOOR:

[x] An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein all activities take place indoors (i.e., fully enclosed within a building), including: a bowling alley; ice or roller skating rink; billiard parlor; laser tag; whirleyball; arcade; indoor amusement park; etc.

COMMERCIAL AMUSEMENT, OUTDOOR:

[x] An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge, wherein some or all activities take place outdoors (that is, not fully enclosed within a building), including: bicycle track or dirt bike course; outdoor swimming pool or scuba diving facility; paintball; golf driving range or small golf course having nine or fewer holes that are par three or below; miniature golf course; batting cages; go-cart track; outdoor amusement park; etc.

COMMERCIAL BUILDING:

A building that may contain office and/or retail space, but no residential use.

COMMERCIAL BLOOD, PLASMA, TISSUE AND CELL COLLECTION CENTER:

[x] A site or facility used for the donation or sale by individual donors of blood plasma and other blood products, with the exception of whole blood. A “blood bank” as defined by this Ordinance, is not a commercial blood plasma center.

COMMERCIAL VEHICLE/TRUCK:

See Heavy Load Vehicle.

COMMUNITY HOME:

As defined by Chapter 123 of the Texas Human Resources Code, A place where not more than six physically or mentally impaired or handicapped persons (regardless of legal relationship) are provided room and board, as well as supervised care and rehabilitation by not more than two persons. The facility must meet all the specifications and requirements of the Community Homes for Disabled Persons Disabilities Act, Chapter 123 of the Texas Human Resources Code. Also may be referred to as a Family Home (see Chapter 202 of the Texas Property Code). In the event of a conflict between this definition and the definition provided by Chapter 123 of the Texas Human Resources Code, state law shall control.

COMPATIBILITY:

The characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict.

COMPLETE APPLICATION:

An application that meets the standards of this Ordinance, and has been deemed complete by the City in accordance with the Texas Local Government Code, Chapter 245, or successor statute.

COMPREHENSIVE PLAN:

The City’s long-range plan, adopted in accordance with Chapter 213 of the Texas Local Government Code, intended to guide the growth and development of the community and including analysis and recommendations concerning the community’s population, economy, housing, transportation, community facilities and land use. This includes any portion thereof that is separately adopted and any amendment to the Comprehensive Plan or portion thereof.

CONSTRUCTION:

With respect to a building, construction is the assembly of materials into a structure, or the rehabilitation or replacement of a structure which has been damaged, altered or removed or which is proposed to be altered or removed to an extent exceeding fifty percent (50%) of the area of the structure at the time of the damage, alteration or removal. For the purposes of this definition, construction includes the installation of a parking lot.

CONTRACTOR’S OFFICE/STORAGE YARD:

[x] An office and storage facility for materials, equipment, tools, products and vehicles used in the conduct of a construction-related business such as those specializing in welding, plumbing, electrical, heating/air-conditioning, roofing, paving, pest control, janitorial, major appliance repair/service, masonry, carpet installation/cleaning, windows/glass (excluding automotive glass), landscaping installation/ maintenance, swimming pools, fencing and other similar contractors. Includes the outdoor display and storage of usable materials normally associated with the business (that is, not unrelated scrap, junk, or trash. (Also see definitions for the various types of Outside Display and Outside Storage.)

CONTRACTOR’S OFFICE/WAREHOUSE:

[x] An indoor office and storage facility for materials, equipment, tools, products and vehicles used in the conduct of a construction-related business such as those specializing in welding, plumbing, electrical, heating/air-conditioning, roofing, paving, pest control, janitorial, major appliance repair/service, masonry, carpet installation/cleaning, windows/glass (excluding automotive glass), landscaping installation/ maintenance, swimming pools, fencing and other similar contractors. Includes no outdoor display or storage.

CONVENIENCE STORE:

[x] A small-scale retail store of at least one thousand (1,000), but no larger than five thousand (5,000) square feet in size that primarily provides for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and prepackaged snack foods, candy, beverages, tobacco products, sundries, newspapers and magazines).

CONVENT OR MONASTERY:

[x] A building or group of buildings designed to provide group housing for persons who are under orders or vows of a religious order, and who carry on religious, medical, educational or charitable work in an adjacent institution(s).

CONVENTION FACILITY:

[x] A building or complex of buildings that house cultural, recreational, athletic, convention, professional conference or entertainment facilities owned and/or operated by a governmental or other public agency.

CORNER LOT:

See Lot, Corner.

COURT:

An open, unoccupied space, bounded on more than two (2) sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having at least one side open to a street, alley, yard or other permanent space.

COVERAGE:

See Lot Coverage.

CUL-DE-SAC:

A local street having one inlet/outlet to another street and terminated on the opposite end by a vehicular turnaround.

CULTURAL FACILITY:

[x] A facility that provides for display, performance or enjoyment of heritage, history, the arts or cultural resources/artifacts. Includes, but is not limited to, art galleries, museums, arts performance venues, cultural centers, interpretive sites and non-municipal libraries typically operated by a nonprofit entity. Does not include commercially operated theaters (see Theater, Small Scale and Theater, Large Scale).

CUSTOM PRODUCTS MANUFACTURING:

[x] An indoor facility for the manufacture, assembly or crafting of non-mass-produced, non-automotive products on a single-item basis (such as, custom welding/ironworks, furniture, cabinetry, stone and other countertops). Includes no outdoor display or storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located. (Also see definitions for the various types of Outside Display and Outside Storage.)

DANCE HALL OR NIGHTCLUB:

An establishment offering to the general public facilities for dancing and musical entertainment for a fee, and subject to licensing and regulation by the City of Krum.

DAY CAMP, PRIVATE:

[x] A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities, on a daytime basis. Does not include any camp that includes overnight stays, or horses or livestock of any kind (see Equestrian Camp, Private and Stable, Commercial).

DAY CARE CENTER, ADULT:

[x] A facility licensed by the Texas Department of Human Services that provides day services under an Adult Day Care Program for less than twenty-four (24) hours per day to five (5) or more elderly or disabled persons who are not related by blood, marriage or adoption to the owner/operator of the facility.

DAY CARE, YOUTH - LICENSED CHILD CARE CENTER:

[x] As defined by the Department of Family and Protective Services (DFPS), or as amended by the DFPS, an operation providing care for six (6) or more children from birth through thirteen (13) years of age, for less than twenty-four (24) hours per day at a location other than the permit holder’s home. In the event of a conflict between this definition and the definition provided by DFPS, the DFPS definition shall control.

DAY CARE, YOUTH - LICENSED CHILD CARE HOME:

As defined by the Department of Family and Protective Services (DFPS), or as amended by the DFPS, a premise or location where the primary caregiver provides care in the caregiver’s own residence for children from birth through thirteen (13) years of age for less than twenty-four (24) hours per day. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, excluding the caregiver’s own children who live on the premises, must not exceed twelve (12). In the event of a conflict between this definition and the definition provided by DFPS, the DFPS definition shall control.

DAY CARE, YOUTH - REGISTERED CHILD CARE HOME:

[x] As defined by administrative rule of the Department of Family and Protective Services (DFPS), as amended by the DFPS, a caregiver who provides regular care in his own home for not more than six (6) children from birth through thirteen (13) years and has a current and valid registration certificate issued by DFPS. Child day care can be provided for up to six (6) additional school-age children before and after the customary school day. The total number of children in care at any given time, including the children related to the caregiver, shall not exceed twelve (12). In the event of a conflict between this definition and DFPS’s definition, as amended, the DFPS’s definition shall control.

DEMONSTRATION.

Means a public display of the attitude of assembled persons toward a person, cause, issue, or other matter.

DENSITY:

The number of dwelling units per net acre of platted land being developed. Net acre shall be defined as the acreage of a site less any existing or proposed rights-of-way or floodplain that is not either reclaimed or substantially improved as open space and incorporated into the project.

DEPTH OF LOT:

See Lot Depth.

DEVELOPED AREA:

That portion of a plot or parcel upon which a building, structure, pavement or other improvements have been placed.

DEVELOPER:

A person, including a governmental entity, undertaking the division or improvement of land and other activities covered by this Ordinance, including the preparation of a plat or other development plans showing the layout and proposed uses of the land and the public improvements involved therein. The term “developer” is intended to also include the terms “applicant” and “subdivider,” as applicable.

DEVELOPMENT:

Initiation of any activities related to the platting of land or construction of buildings or structures (including activities such as the filing of a preliminary plan or plat, a plan for development, or plat application), the construction of impervious surfaces (such as, parking lots), the installation of utilities, roadways, drainage facilities or other infrastructure; or any disturbance of the surface or subsurface of the land in preparation for such construction activities, including without limitation removal of vegetation, grading, clearing, filling or removal of soil.

DEVELOPMENT APPLICATION:

Either a petition for a legislative decision, such as a zoning amendment, or an application for a development permit, such as a plat.

DEVELOPMENT PERMIT:

A decision by the Commission, Board or responsible official designated by this Ordinance, acting in an administrative or quasi-judicial capacity, that authorizes the holder of the permit to undertake one or more development activities or to file further applications needed to initiate or continue development activities authorized under this Ordinance. The filing of a complete application for a development permit may or may not stay the City from adopting new standards applicable to the permit or any subordinate permit, depending on the nature of the standards.

DEVELOPMENT SITE:

An area or plot of ground that is the subject of a zoning or development application and where a structure or group of structures is proposed or exists. A building which houses a single activity and the contiguous grounds and parking areas which exclusively service that building or any number of activities housed by a single building or multiple buildings which share common egress or ingress from a public street or right-of-way.

DEVELOPMENT STANDARDS:

All regulations, design standards, requirements and restrictions that apply to a development.

DISTRIBUTION CENTER:

See Warehouse/Distribution Center, Micro; Warehouse/ Distribution Center, Small; and Warehouse/Distribution Center, Large.

DISTRICT:

A zoning district under this Ordinance.

DRIVE-IN SERVICE:

[x] A facility in which occupants of motor vehicles receive or obtain products or a service while remaining in their vehicles from a server who physically delivers such goods or services to their vehicles. Does not include curbside service for a restaurant.

DRIVE-THROUGH SERVICE:

[x] A building opening (including a window, door or mechanical device attached to or detached from the building) through which occupants of motor vehicles receive or obtain products or a service, while remaining in their vehicles, from a server who does not typically leave the confines of the building during such transactions.

DRY BOAT STORAGE:

[x] An enclosed or partially enclosed structure, not constructed over a body of water, that is designed for use as storage for private watercraft and marine equipment and that is not accessed directly by boat from any body of water.

DUMPSTER:

See Refuse Container.

DWELLING (or Dwelling Unit):

Any building or portion thereof which is designed or used exclusively for residential purposes by one family for living, sanitary and sleeping purposes, and which has not more than one cooking facility (that is, only one kitchen). Does not include hotels or motels. Recreational vehicles, travel trailers, tents and other forms of portable or temporary housing shall not be used for dwelling or guest housing purposes.

DWELLING, ACCESSORY:

A subordinate dwelling unit that is either attached or detached from the primary on-site structure, is used as a residence, is incidental to the main structure/s (the building area does not exceed 30% of the size of the main structure’s air-conditioned floor area), and is not involved in the conduct of a business. ([x] For various types of Accessory Dwellings, see Dwelling, Accessory - Guest House; Dwelling, Accessory - Rental Unit; Dwelling, Accessory - Guard/Manager/Caretaker)

DWELLING, ACCESSORY - GUARD/MANAGER/CARETAKER:

[x] A subordinate dwelling unit that is either attached or detached from the primary on-site structure (which can be a primary residence or a type of nonresidential use such as a self-storage facility), is used for the occupancy by on-site guards/managers or caretakers who work solely for the owners of the property or the business that operates on the property, is not for rent, is incidental to the main structure (the building area does not exceed 30% of the size of the main structure’s air-conditioned floor area), and is not involved in the conduct of a business.

DWELLING, ACCESSORY - GUEST HOUSE:

[x] A subordinate dwelling unit that is either attached or detached from the primary on-site residential structure, is used for the temporary (i.e., maximum one calendar year) occupancy by guests or relatives of the owners of the property, is not for rent, is incidental to the main structure (the building area is no more than 30% of the size of the main structure’s air-conditioned floor area), and is not involved in the conduct of a business.

DWELLING, ACCESSORY - RENTAL UNIT:

[x] A subordinate dwelling unit that is either attached or detached from the primary residential on-site structure, is used for the temporary occupancy for compensation (is for rent), is incidental to the main structure (the building area is no more than 30% of the size of the main structure’s air-conditioned floor area), and is not involved in the conduct of a business.

DWELLING, APARTMENT:

[x] A type of dwelling unit that is intended to house one family, and that is either combined with one other apartment dwelling unit or is incorporated into, and added to a structure that is utilized by a conforming nonresidential use.

DWELLING, CONDOMINIUM:

A building in which the space in each dwelling unit is owned individually, and all of the dwelling owners share in the ownership of the common areas, such as grounds and the building structures. See Dwelling, Multifamily.

DWELLING, EFFICIENCY UNIT:

A type of multifamily dwelling unit that consists of not more than one habitable room separated by no more than a half-wall partition, plus kitchen and bathroom facilities.

DWELLING, INDUSTRIALIZED HOUSING UNIT:

[x] (Also called Modular Prefabricated Structure or Modular Home.) A structure that is manufactured at a location other than the home site, utilizing assembly-line type production techniques or other construction methods unique to the manufacturing process. The structure or modules are transported from the manufacturing plant in one or more sections on a temporary chassis or other conveyance device, and are designed to be used as a permanent dwelling installed on a permanent foundation. All modules shall bear a permanently affixed decal issued by the Texas Department of Labor and Standards which indicates compliance with the standards, rules and regulations established by the Department for industrialized homes. The term shall not include nor apply to the following:

“Sectional” or “panelized” housing where the basic components assembled at the home site are not at least three-sided modules;

A home which is singly and separately constructed for relocation, and built to the City’s building codes;

Modules incorporating concrete or masonry as primary structural components;

A Dwelling, Manufactured/HUD-Code Home (as defined in this Ordinance); or

A Dwelling, Mobile Home (as defined in this Ordinance).

DWELLING, LIVE/WORK:

[x] Units containing both living quarters and a commercial space, such as retail, artist space or gallery, business or other professional office activities where the living and working areas shall each have a separate entry from a public walkway, and the residential component shall be located above the commercial use. In some instances, the business activity occupying a live/work unit may utilize employees in addition to the residents; however, at least one of the full-time workers of a live/work unit must reside in the unit, and the residential area shall not be rented separately from the working area.

DWELLING, LOFT:

See Dwelling, Apartment.

DWELLING, MANUFACTURED/HUD-CODE HOME:

[x] 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 forty body feet or more in length, or when erected on-site, is three hundred and twenty 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 as a self-contained unit.

DWELLING, MOBILE HOME:

[x] 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 forty body feet or more in length, or when erected on-site is three hundred and twenty 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 as a self-contained unit.

DWELLING, MULTIFAMILY:

[x] A residential building containing three or more dwelling units which are not located on individual platted lots. The residential building contains dwelling units that are designed to be occupied by families living independently of one another. The term includes cooperative apartments and condominiums. For the purpose of these regulations, regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods less than thirty calendar days are considered a hotel or motel.

DWELLING, SINGLE-FAMILY:

A residential building, designed for occupancy by one family or individual. The term is general and includes such specialized types such as single-family detached, single-family attached (townhouses), patio homes and zero-lot-line homes. For regulatory purposes, the term shall not be construed to mean manufactured homes, mobile homes, industrialized homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of portable or temporary housing.

DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE):

[x] One of a group of no less than three or more than six attached dwelling units, separated from each other by fire-rated walls in compliance with the City’s building codes. Each dwelling unit occupies its own separately platted lot and is frequently two (2) or more stories in height. Does not include Dwelling, Multifamily.

DWELLING, SINGLE-FAMILY DETACHED:

[x] A single-family dwelling unit with no attached wall(s) or dwelling unit(s) that is designed for occupancy by one family or individual and that is entirely separated from structures on adjacent lots. Can include not more than three (3) boarders or lodgers provided that the primary family or individual (i.e., the home’s owner) lives on the premises.

DWELLING, STUDIO APARTMENT:

See Dwelling, Apartment.

DWELLING, TWO-FAMILY (DUPLEX):

[x] A residential building on a single lot (or on an adjoining pair of lots) containing two attached dwelling units, each designed to be occupied by one family (that is, the building is occupied by not more than two families, one in each dwelling unit) and each having a separate entrance.

DWELLING, ZERO-LOT-LINE HOME:

[x] A type of detached, single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet, and which permits the construction of a detached single-family dwelling with one side of such dwelling placed on the side property line.

ELDER CARE - ASSISTED LIVING:

[x] A type of Personal Care Facility (see definition) in which five or more elderly (over 55 years of age) persons, regardless of legal relationship, live and who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (such as, visiting nurses or health care attendants).

ELDER CARE - CONTINUING CARE:

[x] A facility in which five or more elderly (over 55 years of age) persons, regardless of legal relationship, live who need limited and then more extensive assistance with daily living activities as their needs change. This type of facility provides housing/accommodations and services along the continuum of an elderly person’s needs including independent living, assisted living, and/or nursing/convalescent care. Support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. are often provided or associated with the facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is generally provided by the facility.

ELDER CARE - INDEPENDENT LIVING:

[x] A facility in which five or more elderly (over 55 years of age) persons, regardless of legal relationship, live a mostly ambulatory lifestyle but who may need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the facility. Units may be attached or detached, single- or double-occupancy, and generally include full kitchen facilities. Full-time medical or nursing care is not provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (such as, visiting nurses or health care attendants).

ELDER CARE - NURSING/CONVALESCENT CARE:

[x] An extended care facility licensed to provide full-time, convalescent or chronic care, including lodging and meals for five (5) or more individuals who, by reason of infirmity, are unable to care for themselves and who need ongoing health supervision but not hospitalization. Support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. are often provided or associated with the facility. Units are generally attached or dormitory-style, can be single- or double-occupancy, and may include limited kitchen facilities. Full-time medical or nursing care is provided by the facility. Includes an institutional-scale hospice facility (i.e., a facility that, due to the number of residents accommodated and/or other licensing requirements, operates in a facility that is not a residence).

ELECTRIC GENERATING PLANT:

[x] A facility that generates electricity from mechanical power produced by gas, coal or steam.

ELECTRIC SUBSTATION:

[x] A facility for transforming electricity for distribution to individual customers.

ENGINEER:

A person duly licensed under the Texas Engineering Practice Act to practice the profession of engineering.

ENTRY, PRIMARY:

The main entry to a building or lease space on a block face. Such entries may also be located on a plaza or courtyard with direct access to the street.

ENVIRONMENTAL PROTECTION AGENCY (EPA):

The U.S. Environmental Protection Agency, or, where appropriate, the administrator or other duly authorized official of that agency.

EQUESTRIAN CAMP, PRIVATE:

[x] A facility arranged and conducted for the organized recreation and equestrian instruction of children including riding, horse and stable care on a daytime basis. Can include other outdoor activities such as swimming, tennis, etc., but does not include overnight stays.

EQUIPMENT LEASING/RENTAL, INDOOR:

[x] An indoor facility that rents (usually on a short-term basis) tools, small household or gardening-related machines (other than heavy machinery), party furnishings and other equipment with no outdoor storage or display.

EQUIPMENT LEASING/RENTAL, OUTDOOR:

[x] A facility that rents (usually on a short-term basis) tools, small household or gardening-related machines (other than heavy machinery), party furnishings and other equipment. Includes the outdoor display and storage of usable materials normally associated with the rental business (but not items such as unrelated scrap, junk, or trash).

ERECT:

To construct, reconstruct, install or build.

EXCAVATION:

Any digging, trenching, scraping or other activity that disturbs natural soil or rock to a depth of two feet or more, other than soil disturbance incidental to the removal of trees or vegetation.

EXPRESSWAY:

A type of street designated as an expressway or freeway by the City.

EXTERIOR ALTERATION:

Any change or addition to the dimensions, materials, configuration, character, or appearance of, including the floor, exterior walls, columns, porches, doors, or windows, a structure or building.

FACADE:

The entire area of a side (that is, an elevation) of a building or structure that extends from ground level to the top of a parapet, wall or eave(s) and from one corner to another. The area of a facade is defined by the outer limits of all of its visible exterior elements. Also, any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within forty-five degrees of one another, they are to be considered as part of a single facade.

FAMILY:

Any number of persons living together as a single housekeeping unit who are related by blood, legal adoption, or marriage (within two degrees of affinity or consanguinity), along with not more than three (3) unrelated persons. Also means not more than three (3) unrelated persons living as a single housekeeping unit. The term “family” shall not be construed to mean a fraternity, sorority, club or institutional group.

FAMILY HOME:

See Community Home.

FARM, RANCH, ORCHARD:

[x] An area of three (3) acres or more which is used for growing farm products such as vegetables, fruits, trees and grain. May also include the raising thereon of the usual farm animals such as horses, poultry, cattle and sheep and may also include the necessary accessory uses for raising, treating and storing farm products and animals on the premises. Shall not include the commercial feeding of offal or garbage to swine or other animals, and shall not include any type of husbandry specifically prohibited by ordinance or law. Shall not include the retail sale of farm products (see Produce Stand/Farmers’ Market).

FEED/GRAIN MILL:

[x] An indoor establishment that manufactures and packages vegetative (non-meat-based) feeds for livestock. May include enclosed grain storage elevators/silos provided such comply with zoning district height limits.

FEED STORE:

[x] A business establishment for the selling of corn, grain and other foodstuffs for animals and livestock. Can include the sale and rental of other tools, implements and goods related to agricultural processes, but shall not include the sale or rental of farm machinery such as tractors, trailers, cultivation equipment, etc.

FEEDLOT:

A facility that provides confined areas where cattle, horses or other livestock are held for extended periods of time for the purpose of weight increase by feeding highly nutritious grain feed.

FENCE:

Any structure which exceeds twelve inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in this Ordinance.

FINAL PLAT:

The plat of a subdivision which, when authorized, submitted and approved as regulated by the Subdivision Ordinance, will be recorded in the official public records.

FINANCIAL INSTITUTION (or BANK):

[x] An establishment such as a bank, savings and loan association, or credit union that is regulated by federal or state law; that accepts and maintains deposits from individuals, businesses or other institutions; that makes both short- and long-term loans including loans secured by collateral other than personal property; and that provides related financial services to its customers. Does not include Alternative Financial Establishment.

FLEA MARKET, INDOOR:

[x] A periodic market held fully within a building where groups of individual sellers offer their goods for sale to the public, typically through no long-term lease arrangement between the individual sellers and the flea market operator. Merchandise may include new and used household goods, personal effects, tools, artwork, plants, pets, furniture and similar items in small quantities, but shall not include the sales of any car, truck, recreational vehicle, boat, trailer, truck, motorcycle, all-terrain vehicle, personal watercraft, or other automotive or motorized vehicle. Individual vendors shall not be required to obtain a Certificate of Occupancy for the space they are renting.

FLEA MARKET, OUTDOOR:

[x] A periodic market held in an open area (that is, not enclosed within a building) where groups of individual sellers offer their goods for sale to the public, typically through no long-term lease arrangement between the individual sellers and the flea market operator. Merchandise may include new and used household goods, personal effects, tools, artwork, plants, pets, furniture and similar items in small quantities, but shall not include the sales of any car, truck, recreational vehicle, boat, trailer, truck, motorcycle, all-terrain vehicle, personal watercraft, or other automotive or motorized vehicle. Individual vendors shall not be required to obtain a Certificate of Occupancy for the space they are renting.

FLOOR AREA:

The square footage of total floor area of all floors (all stories) within a building or buildings on a lot, measured from the interior face of exterior walls. In the Agricultural (AG) and all residential zoning districts, “floor area” shall be construed as only the air-conditioned portion(s) of the structure when calculating the minimum required floor area (i.e., minimum floor area shall not include garages, carports or basements/cellars).

FLOOR AREA RATIO:

The total floor area of a main building or buildings on a lot, divided by the lot area. Any maximum FAR permitted shall be calculated by dividing the gross square footage of the building(s) to [by] the net (after right-of-way dedication) area of the lot (measured in square feet). Any below-grade mechanical rooms, parking garages, or other non-occupied areas shall not be included in the gross square footage of the building(s) for the purposes of this calculation.

FOOD PROCESSING & STORAGE:

[x] A large-scale manufacturing operation that prepares or produces foods and beverages for human consumption, primarily for commercial and wholesale customers for off-site distribution and consumption. Includes dry and cold storage of food products, unless such is incidental to another primary use such as a grocery store or a restaurant. Can include incidental retail sales of food products produced on the premises. Does not include the preparation or manufacture of products for consumption by animals (see definition for Animal Feed Processing and Storage), or the slaughtering of any type of animal other than sea life.

FRONT (of a Building):

The side of a building on which the main entrance (front door) is located.

FRONTAGE:

Any portion of a lot that is immediately adjacent to a street. This does not include alleys.

FRONTAGE, LOT:

The length of street frontage between property lines.

FRONTAGE, STREET:

The linear distance of the property line measured along all abutting street rights-of-way; the length of all property on one side of a street between two intersecting streets measured along the line of the street, or if the street is a dead-end, then the length of all property abutting on one side between an intersecting street and the end of the dead-end street.

FUEL PUMPS, RETAIL:

[x] The retail sale of liquid or gaseous fuels for the operation of motor vehicles.

FURNITURE & APPLIANCE CLEANING/REPAIR:

[x] An indoor establishment that cleans, repairs or refurbishes common household appliances, furnishings and electronics either on-site or at the customer’s location. Includes furniture reupholstering and carpet/rug/drapery cleaning and repair, but does not include automotive reupholstering or repairs/refurbishing of any type of appliance or equipment which has an internal combustion engine (such as cars, trucks, motorcycles, lawnmowers, or boats). There is no outdoor display or storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

FURNITURE, HOUSEHOLD FURNISHINGS AND APPLIANCE SALES/RENTAL:

[x] A retail establishment that sells new goods for furnishing the home including, but not limited to, furniture, floor coverings, draperies, glass and chinaware, domestic kitchen appliances, and other household furnishings. Also includes an establishment that rents furniture and household appliances on a contractual basis.

GARDEN, CHARITABLE:

[x] A facility that is owned and operated by a nonprofit religious-oriented or charity-oriented agency for the purpose of cultivation of fruits, vegetables and other flora species for human consumption by individuals who are supported by the agency and not for commercial sale. Does not include a Landscape Nursery, Retail or a Landscape Nursery/Tree Farm (Wholesale).

GARDEN, CIVIC:

[x] A facility that is owned and operated by a public or nonprofit agency for the purpose of cultivation of fruits, flowers, vegetables, small ornamental plants and other flora species by more than one person or family for their own use and not for commercial sale. Plots may be leased to private individuals provided that the operation remains nonprofit in nature. Does not include a Landscape Nursery, Retail or a Landscape Nursery/Tree Farm (Wholesale).

GARDEN, COMMERCIAL:

[x] A facility that is owned and operated by an individual or by a business entity for the purpose of cultivation of fruits, flowers, vegetables, small ornamental plants and other flora species by more than one person or family for their own use and not for commercial sale. Plots may be leased to private individuals on a for-profit basis. Does not include a Landscape Nursery, Retail or a Landscape Nursery/Tree Farm (Wholesale).

GAS OR PETROLEUM DRILLING & PIPELINE:

[x] The drilling, extraction and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining, processing or manufacturing.

GAS REGULATING STATION:

[x] An assemblage of equipment that reduces, regulates and meters natural gas pressure in the transmission line, holder, main, pressure vessel or the compressor station piping. Includes auxiliary equipment such as valves, control instruments or control lines as well as piping.

GOLF COURSE/COUNTRY CLUB:

[x] An area that is improved with greens, fairways and hazards which is owned and operated by a public or private entity. May include a clubhouse(s), restaurant(s), swimming pool(s), tennis court(s) and similar recreational or service facilities.

GRADE:

The average elevation of the highest and lowest elevation measured at the finished surface of the ground at any of the exterior corners of the building or structure.

GROCERY/SUPERMARKET:

[x] A retail store of over five thousand square feet in size that primarily sells groceries and consumable food items, but that may also sell tobacco products, sundries/toiletries, household and other nonfood items, newspapers and magazines, candy and snacks, floral items, prepackaged convenience food items, in-house delicatessen- and bakery-prepared food items, audio and video rentals, etc. for off-site use and consumption. On-site deli- and bakery-food consumption is allowed by right provided such dining areas comprise no more than twenty percent of the total sales floor area of the store.

GROUP HOME:

As defined in Chapter 591 of the Texas Health & Safety Code, A residential arrangement, other than a residential care facility, licensed by the State of Texas, or a community center in which not more than fifteen (15) persons with mental retardation voluntarily live and, under appropriate supervision, may share responsibilities for the operation of the living unit. This definition shall include foster homes, halfway houses, and day care facilities for persons with mental retardation. For a use to qualify as a Group Home, the persons that reside therein must meet all the specifications and requirements of the Persons with Mental Retardation Act, Chapter 591 of the Texas Health & Safety Code. In the event of a conflict between this definition and the definition provided by Chapter 591 of the Texas Health & Safety Code, state law shall control.

HALFWAY HOUSE:

See Group Home.

HEALTH & FITNESS GYM:

[x] A private indoor facility operated to promote physical health and fitness activities such as exercise, physical therapy, personal training and education pertaining to health and fitness. Uses and facilities may include, but are not limited to, weight lifting and exercise equipment, aerobics, swimming pools and spas, running/jogging tracks, etc. May include indoor game and personal recreation courts (such as for racquetball, handball, indoor tennis, etc.). Includes a dance/music or exercise/fitness/martial arts studio that is larger than five thousand (5,000) square feet in floor area. (See Studio, Fitness or Performing Arts for facilities that are 5,000 square feet or less in size.)

HEAVY LOAD VEHICLE:

A self-propelled vehicle having a manufacturer’s recommended Gross Vehicle Weight (GVW) of greater than sixteen thousand (16,000) pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term “truck” shall be construed to mean “Heavy Load Vehicle” unless specifically stated otherwise.

HEAVY MACHINERY SALES, RENTAL, STORAGE & REPAIR:

[x] An establishment for the indoor or outdoor display, sales, rental, storage and/or repair/servicing of heavy machinery including tractors and other farm machinery, bulldozers, street graders, paving machines, cranes, and similar construction-related heavy equipment.

HEAVY VEHICLE LOADING AREA:

A paved area designed to accommodate the maneuvering, loading and unloading, and parking of commercial vehicles having a length of twenty-seven feet (27') or greater.

HEIGHT (of an Antenna or Tower):

The distance measured from the finished grade of the lot/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.

HELIPAD:

[x] An area of land or water, or a structural surface, which is used or intended for use for the landing and taking off of helicopters. Does not include refueling, maintenance, repairs or overnight storage of helicopters.

HIGH RISK USE:

[x] Any type of use that is determined to be of special health or safety hazard due to excessive and/or toxic fumes, smoke, gas, dust, odors, noise, vibration, or danger from fire, explosion or radiation, and that involves the use and/or storage of materials meeting the “degree of hazard” criteria of the Uniform Fire Code in quantities deemed to be hazardous by the Fire Chief, or his/her designee.

HOME IMPROVEMENT CENTER:

[x] The indoor retail sale of building materials that are primarily oriented toward home improvements (such as, lumber, drywall, paint, electrical supplies, plumbing fixtures, prepackaged concrete and mortars, doors, windows, siding, landscaping materials, tools, or hardware) rather than toward the wholesale building construction industry. Includes no outdoor display or storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

HOME OCCUPATION:

An occupation carried on in a dwelling unit and which is clearly incidental and secondary to the use of the premises for residential purposes, and is accordance with this Ordinance.

HOSPITAL:

[x] A building or portion thereof, used or designed for the housing and treatment of sick or injured patients where they are given medical or surgical treatment, and which is licensed by the State of Texas. Can include an institutional-scale hospice facility (i.e., a facility that, due to the number of residents accommodated and/or other licensing requirements, operates in a facility that is not a residence).

HOTEL/MOTEL, EXTENDED STAY:

[x] A building(s) having at least six (6) individual guest rooms or units for the overnight or extended stay (that is, thirty calendar days or longer) lodging of guests for compensation. An extended service hotel/motel typically include[s] kitchenette facilities and a sitting or work area in each room, and may or may not have on-site food preparation/service for guests.

HOTEL/MOTEL, FULL SERVICE:

[x] A building(s) having at least six (6) individual guest rooms or units for the overnight or temporary lodging of travelers for compensation. A full service hotel/motel has meeting facilities and on-site food preparation/service for guests.

HOTEL/MOTEL, LIMITED SERVICE:

[x] A building(s) having at least six (6) individual guest rooms or units for the overnight or temporary lodging of travelers for compensation. A limited service hotel/motel may or may not have on-site food preparation/service for guests.

IMPERVIOUS COVER:

That portion of a property that is paved or has a structure on it such that the area does not allow for the percolation of stormwater into the soil surface.

IMPROVED LOT OR TRACT:

A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement.

IMPOUNDMENT LOT (COMMERCIAL/PRIVATE):

[x] An area used for the temporary parking and storage of primarily operable impounded vehicles. Does not include the sales, dismantling or sales of parts from any vehicle, and does not include the parking or storage of wrecked, junked or inoperable vehicles for longer than thirty (30) calendar days.

INDOOR SHOPPING MALL:

[x] An indoors-only retail establishment that leases space to multiple tenants who each independently conduct their own retail operation in individual rooms that are fully enclosed (that is, have walls to the ceiling). Each retail use shall be a use that is allowed by right, or that may be allowed by SUP, in the zoning district where an indoor shopping mall is located. Each retail vendor is required to obtain a Certificate of Occupancy for the space they are renting, but is not required to have separate utilities (such as, water or electricity). On-site parking for each vendor is calculated by each type of operation (such as, regular retail, restaurant, and personal services).

INDUSTRIAL or MANUFACTURING, HEAVY:

[x] Heavy industrial manufacturing, processing, assembling, researching and developing, packaging, shipping, storing, servicing or other such activities which are not prohibited by law, which typically involve the processing or manufacture of non-consumable products from raw materials, which typically involve the use of significant amounts of chemicals, solvents, petroleum products or acids or which involve the use of high-heat processes, which do not meet standards set forth in the definition of Light Industrial or Manufacturing uses, and which have all activities except loading/unloading conducted within a fully enclosed building. Does not include any type of use that involves processing or storage of consumable products (see Food Processing and Storage and Animal Feed Processing and Storage), or of any type of leather or allied products (see Leather and Allied Products Manufacturing).

INDUSTRIAL or MANUFACTURING, LIGHT:

[x] An indoor establishment engaged in light assembly or manufacturing of finished non-consumable products or parts, predominately from previously prepared materials including the fabrication, manufacture, assembly, storing and packaging of such products or parts. All activities except loading/unloading are conducted within a fully enclosed building. Does not include basic industrial processing from raw materials, and does not include any use that emits dust, odor, smoke, gas, fumes or vibrations beyond the property’s boundary, or if the use produces noise above the ambient noise level of the surrounding area or is in violation of other code, law or ordinance. Does not include any type of use that involves processing or storage of consumable products (see Food Processing and Storage and Animal Feed Processing and Storage), or of any type of leather or allied products (see Leather and Allied Products Manufacturing)[.]

INTERSECTION:

The junctions of the centerlines of any two public rights-of-way, other than alleyways, crossing at grade or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge, or the point at which any expressway interchange ramp intersects the expressway travel pavement.

ITINERANT RETAIL VENDOR:

A transient retail business that does not occur in a permanent structure, in a structure for which a temporary permit has been obtained, or in association with another temporary use such as a carnival, fair, parade or festival. Does not apply to mobile food units, garage sales, businesses sales of seasonal items "see Seasonal Sales," mobile service businesses "see Mobile Service Vendor," or businesses that hold a lease term on the property of at least one year.

KIOSK:

A small, freestanding, one-story structure or device (such as a charitable donations drop-box, or a recycling “igloo”) having a maximum floor area of three hundred and fifty (350) square feet and used for commercial purposes, for a drop-off facility, or for the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of twenty-five (25) square feet.

KIOSK, ATTENDED - RECYCLED MATERIALS COLLECTION:

[x] A type of kiosk, or a trailer, that has an on-site attendant during all hours of operation and which provides a neighborhood drop-off and collection point for recyclable and/or reusable household-related (that is, non-automotive, non-consumable, non-compostable, non-hazardous and non-flammable) materials such as aluminum cans, glass bottles, papers including magazines and newspapers, metal and plastic containers, clothes, shoes, toys, towels, linens, small kitchen appliances, electronics, books, etc. No on-site processing of materials occurs in relation to this use - it is a drop-off location only. Does not include an attended collection center (see Recycling Collection Center).

KIOSK, ATTENDED - RETAIL/SERVICE:

[x] A type of kiosk that has an on-site attendant during all hours of operation where a product or service is dispensed either through a machine or by the attendant. May be walk-up or drive-up. Examples include a small kiosk structure that sells food items, convenience items such as ice or drinking water, or a service such as making keys. Does not include a Vending Machine, Exterior.

KIOSK, SELF-SERVICE:

A type of kiosk where a product or service is dispensed through a machine. Such uses have no employees on the site except to periodically maintain and restock the machine(s). These facilities may be walk-up or drive-up in nature. Examples include freestanding ATMs, [and] automated freestanding vending machines for consumable commodities such as ice or drinking water, etc. Does not include a Vending Machine, Exterior.

KIOSK, SELF-SERVICE - AUTOMATED TELLER MACHINE (ATM):

[x] A self-service kiosk, operated by a bank or financial institution for the convenience of its customers to conduct transactions including deposits, withdrawals and fund transfers without contact with bank personnel. An ATM kiosk can be either on-site or detached from the main bank building, or located off-site. ATMs located within, attached to the main bank building, or incorporated into the bank’s drive-through canopy shall be considered accessory to the principal bank use.

KIOSK, SELF-SERVICE - RETAIL:

[x] A self-service kiosk, operated by a business entity for the convenience of its customers to purchase and obtain a commodity that is either prepackaged or dispensed in bulk to the customer (such as, ice, or drinking water). Does not include a Vending Machine, Exterior.

KIOSK, SELF-SERVICE - RECYCLED MATERIALS COLLECTION:

[x] A small self-service structure or temporary container (such as, an “igloo,” a dumpster or similar-type container) which provides a neighborhood drop-off and collection point for reusable, recoverable and/or recyclable household-related (that is, non-automotive, non-consumable, non-compostable, non-hazardous and non-flammable) materials such as clothes, shoes, toys, towels/linens, small kitchen appliances and electronics, books, aluminum cans (including “can banks”), glass bottles, papers including magazines and newspapers, or metal and plastic containers. No processing of materials occurs on-site in relation to this use - it is a drop-off location/container only. This definition does not include large trailers or manned collection centers (see Recycling Collection Center).

LABORATORY, ANALYTICAL OR RESEARCH:

[x] An indoor facility for testing and analyzing scientific problems including soil testing, concrete compression testing, medical testing, prototype design and development and other types of product research and testing. Includes a medical and dental laboratory (see Medical and Dental Laboratory).

LANDSCAPE NURSERY, RETAIL:

[x] A retail business for the display and sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, pavers, and other materials used in indoor and outdoor landscaping.

LANDSCAPE NURSERY/TREE FARM (WHOLESALE):

[x] An establishment for the cultivation and propagation, display, storage and sale (mostly wholesale, but can include a limited amount of retail sales) of large plants, shrubs, trees and other materials used in indoor or outdoor plantings. This definition can also include the contracting for installation and/or maintenance of landscaping as an accessory use.

LAUNDRY, DROP-OFF:

[x] A small-scale retail establishment (including a dry cleaners) that is no larger than three thousand (3,000) square feet in size, and that serves as a location for customers to drop off and pick up clothes to be laundered, dry cleaned, pressed or other cleaning process. Alterations and garment repair may also be offered in relation to this use.

LAUNDRY, SELF-SERVE (LAUNDROMAT):

[x] A retail establishment offering machines for customers to use in laundering garments on a self-serve basis.

LAUNDRY PLANT, COMMERCIAL:

[x] A commercial establishment that is larger than three thousand (3,000) square feet in size, and that launders and/or dry cleans garments, linens or similar textiles on a bulk, commercial or wholesale basis (not retail). Includes a uniform supply service. Alterations and repair of garments are allowed as a secondary use.

LEARNING CENTER, SPECIALIZED:

[x] A private educational establishment that offers specialized and/or advanced courses similar to those offered in the public school system (such as mathematics, languages, or sciences) for a fee. Also includes an educational establishment that offers specialized training in improving educational skills such as those related to course study and test-taking, as well as an establishment that specializes in such things as speech, hearing, sight or reading therapy, and teaching basic life skills to mentally retarded, handicapped or blind persons.

LEATHER AND ALLIED PRODUCTS MANUFACTURING:

[x] An indoor establishment engaged in transforming animal hides into leather by tanning or curing, and fabricating the leather into finished non-consumable products or into materials that will be further assembled by others into finished products. Includes the manufacture of similar products such as rubber footwear, textile luggage and plastic purses and wallets from other materials such as rubber, plastics and textiles that are thought of as “leather substitutes.” Also includes the processes of tanning, currying, dressing, dyeing and finishing of leather, hides and furs. Does not include the slaughtering of any type of animal, and does not include any type of use that involves processing or storage of consumable products (see Food Processing and Storage and Animal Feed Processing and Storage).

LANDSCAPING:

An area devoted to and maintained predominantly with living plant material including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements. Also may be referred to as Landscaped Area.

LIVESTOCK AUCTION:

A facility for the auctioning and sale of cattle, horses or other livestock where confinement of animals is normally for a period of less than one week, and where feed of a filler-type is primarily provided. Animal turnover under this use is expected to be continuous. ([x] Shown within the Use Charts in Section 37.2 under Stockyards, Livestock Auction and Livestock Hauling)

LIVESTOCK HAULING:

A business expressly involved with the transportation of cattle, horses, hogs, chickens or other types of livestock, where the temporary confinement of animals may be necessary. The hauling and temporary indoor storage or housing of plant materials, small pet-type animals such as dogs and cats, fish, birds or inanimate (non-living) goods shall be classified as a Motor Freight Terminal. ([x] Shown within the Use Charts in Section 37.2 under Stockyards, Livestock Auction and Livestock Hauling)

LIVESTOCK:

Includes, regardless of age, sex, or breed: horses, consisting of all equine species including mules, donkeys, and burros; cattle, consisting of all bovine species; sheep, consisting of all ovine species; llamas and alpacas; goats, consisting of all caprine species; chickens, turkeys, ducks, guinea hens and other similar fowl species; and pigs or hogs, consisting of all swine species.

LIVING AREA (as in a Residence):

An enclosed and air-conditioned room of at least one hundred and twenty (120) square feet in size, other than an unfinished garage or basement, and other than a room used as a bedroom, bathroom or kitchen.

LOT:

A parcel of land shown and designated with a lot number on a duly recorded subdivision plat.

LOT AREA:

The square foot area or the acreage of a lot within the bounding property lines and exclusive of dedicated streets and alleys, but may include easements.

LOT, CORNER:

A lot abutting upon two or more streets at their intersection(s).

LOT COVERAGE:

The percent of a lot’s area which is covered by a roof, floor, or other structure, which is not open to the sky, and which prevents the infiltration of water into the soil.

Roof eaves extending outward up to three feet (3'), and ordinary projections from the building not exceeding twelve inches (12"), are not considered in computing lot coverage.

Wooden decking - planks of wood with gaps (approximately 1/4 inch) in between - is not considered in computing lot coverage.

Any outside area that is covered with a roof structure, whether fully enclosed or not, is considered in computing lot coverage.

Typical outdoor surfaces that do not allow for water infiltration, such as exposed aggregate surfacing or concrete porches, driveways, walkways, pool decking, etc. are not considered in computing lot coverage.

Swimming pools are not considered in computing lot coverage.

LOT DEPTH:

The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear (the mean horizontal distance between the front and rear lot line).

LOT, DOUBLE FRONTAGE:

Any lot, not a corner lot, with frontage on two streets that are essentially parallel to each other or are within forty-five degrees of being parallel to each other.

LOT, FLAG-SHAPED:

An irregularly shaped lot that takes its sole access via a long, narrow strip of land connecting the principal building site to a public street.

LOT, INTERIOR:

A lot other than a corner lot.

LOT, KEY CORNER:

A lot where both neighboring lots have front yard setbacks adjacent to the corner lot on both sides.

LOT LINE:

A property (ownership) boundary of a lot, as defined herein.

LOT WIDTH:

The horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard.

MANUFACTURED HOME PARK OR SUBDIVISION:

[x] A tract of land which is designed, improved or intended to be used for short- or long-term occupancy by manufactured homes, and/or recreational vehicles (including travel trailers) that are used as residential living units, in designated spaces. May include a residence for the owner/manager of the premises, utility hook-ups, accessory structures (such as carports and storage buildings), playgrounds, open space/recreational areas, fenced yards for pets, and other similar amenities.

MASONRY CONSTRUCTION:

That form of construction composed of brick, stone, glass block, tile or other similar building units or materials (or combination of these materials) laid up unit-by-unit (except stucco, see Subsection d below) and set in mortar, and shall exclude wall area devoted to doors and windows. As applicable to meeting the minimum requirements for the exterior construction of buildings within each zoning district, this term shall include the following materials:

Hard-fired brick such as kiln-fired clay, shale or slate material, can include integrally-colored concrete brick (the use of concrete masonry units, or CMUs, in meeting the masonry construction requirement is subject to the limitations in Subsection “e” below) if it is to the same ASTM standard for construction as typical hard-fired clay brick; severe weather grade; minimum thickness of two and one-quarter inches when applied as a veneer; shall not include unfired or under-fired clay, sand or shale brick.

Stone 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 on, and it is demonstrated to be highly durable and maintenance-free; natural or man-made stone shall have a minimum thickness of two and five-eighths inches when applied as a veneer.

Glass blocks or tiles of the type customarily used in exterior building construction shall be counted as windows but shall not comprise more than twenty percent (20%) of any exterior wall surface; shall not be highly reflective or mirror-like finish.

Stucco, if color-intrinsic and if applied in a three-stage process in accordance with industry standards, shall qualify as masonry construction. The Building Official shall review the proposed installation method, as detailed in the building plans, at the time of Building Permit application. The approved installation method shall be a condition of Building Permit issuance.

Decorative concrete block may be used to meet up to fifty percent (50%) of the minimum masonry requirement for nonresidential and multifamily structures only, provided that such units are integrally colored and not painted, they have a highly textured exterior finish (such as split-face, hammered, indented, fluted, ribbed or similar architectural finish), they are severe weather grade, they are at least three and five-eighths inches thick when applied as a veneer, and they are not lightweight or featherweight concrete or cinder blocks.

Concrete pre-cast or tilt-wall panels (only allowed in the LI district, and in the C district only for side or rear facades that do not face and are not predominantly visible from a public street), provided that they are integrally colored and not painted, they have a highly textured architectural finish which is at least as textured physically and in appearance as face brick or stone (can be brick-like or stone-like in appearance), and they are not smooth, untextured or inadequately textured finishes.

The following non-masonry construction materials shall not qualify nor be defined as “masonry construction” in meeting the minimum requirements for the exterior construction of buildings, unless otherwise provided in this Ordinance, or unless specifically approved as a special exception by the City Council:
a.	Adobe or mortar wash surface material;
b.	Exterior insulation and finish system (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material;
c.	Cementitious fiberboard siding (such as “Hardi-Plank”);
d.	Vinyl-based siding material, as may be allowed by the City’s Building Code;
e.	Lightweight or featherweight concrete blocks or cinder blocks;
f.	Exterior plaster that does not meet the definition of Stucco;
g.	Any other cementitious product not listed above; or
h.	Metal exterior materials. (the only type of metal materials that may be used for the solid wall portions of building facades remaining after the minimum masonry requirement has been met are “architectural” metal veneers (such as “Alucobond” or equivalent); other basic metal materials, (such as galvanized panels) shall only be allowed on solid wall portions of a building’s facades if specifically approved by the City Council)

MASONRY WALL:

An exterior screening or retaining wall composed of masonry, built to the specifications in the City’s Technical Standards.

MASSAGE THERAPY:

A type of personal service that offers therapeutic massage by a massage therapist (as defined and licensed by State law).

MEAT & GAME PROCESSING:

[x] The skinning, preparation, packaging, storage and freezing of meat from non-equine livestock and game animals for personal (noncommercial) use by individuals. May include, as a secondary use, on-site retail sale of meats with appropriate state and local permits/licensure.

MEDICAL AND DENTAL LABORATORY:

A facility operated for the primary purpose of performing medical, dental or optical research, testing and analytical work having a direct relationship to the provision of health services (classified as a Laboratory, Analytical or Research). Does not include examination or treatment of medical or dental patients (see Medical and Dental Office/Clinic or Hospital).

MEDICAL AND DENTAL OFFICE/CLINIC:

[x] An office facility that is primarily engaged in furnishing direct medical services to people with physical or mental ailments. May include a single office or a group of offices for one or more physicians or dentists (including orthodontia) for medical examinations, treatment of injuries and illnesses, and minor surgical procedures on people on an outpatient basis, but not including facilities for overnight stays. Includes an urgent and emergency medical care clinic.

MINING/MINERAL EXTRACTION:

[x] The process by which stone, gravel, sand, aggregates, metallic ores, coal, precious stones, salt or other solid-form rocks or minerals are extracted from the earth. May include quarrying/extraction, milling, crushing, screening, washing, floatation, stockpiling and other activities customarily performed at the mine site or as part of a mining operation to prepare the extracted materials for sale and/or shipment.

MOBILE FOOD UNIT:

A mobile food truck, mobile food cart, concession cart, mobile concession trailer or temporary food service building or temporary food service booth.

MOBILE SERVICE VENDOR:

A mobile service business that typically travels to most, if not all, of its customers rather than its customers coming to the business’s shop (such as, a mobile automotive windshield installer, mobile veterinary clinic, mobile pet-bathing service, or mobile locksmith). Does not include retail sales of any goods or items other than those installed or expended in the actual conduct of the mobile service (such as, a windshield that is installed by a mobile installer, vaccinations and supplies delivered/administered by a mobile veterinary clinic, or door locks and keys cut/sold by a mobile locksmith).

MODULAR HOME:

See Industrialized Housing Unit [Dwelling, Industrialized Housing Unit].

MONEY TRANSFER BUSINESS:

An establishment, other than a financial institution or a bank that engages in or facilitates the transmission of monetary funds to or from a location outside the United States and its territories for a fee.

MORTUARY/FUNERAL HOME:

[x] A place for the storage of human bodies prior to their burial or cremation, which may also be used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Facility does not include any type of cemetery (below-ground) interment for bodies, but can include funeral service chapels, on-site monument and floral sales, columbariums, crematoriums, mausoleums (interment in above-ground tombs or vaults), or any combination thereof.

MOTORCYCLE/ATV SALES, LEASING & REPAIR:

[x] An establishment offering the sales, leasing, rental, service and/or repair of motorcycles, all-terrain vehicles, motorbikes, motor scooters, golf carts and similar personal motor vehicles. Includes service, repair and sales of parts for personal motor vehicles such as sidecars, accessories, motorcycle-drawn trailers, etc. Includes no outdoor display or storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

MOTOR FREIGHT TERMINAL/RAILROAD SWITCHING YARD:

[x] A premises where cargo is stored and where trucks, including tractor trailer units, load and unload cargo on a regular basis. Includes facilities for the temporary storage of loads and cargo (including outdoor storage) prior to shipment, or that are transferring from one mode of transportation to another (such as to/from trucks and rail cars), and may include on-site fuel tank(s) for use by the operation only (no retail or external fuel sales) if such are approved by the Fire Department and Building Official. Includes a railroad freight terminal.

MULLION:

The vertical or horizontal divisions or joints between single windows in a multiple window unit.

MUNICIPAL GOVERNMENT OFFICE/FACILITY:

[x] Any land area, building, structure or facility that is owned, leased, used or operated by the City of Krum, Texas.

NONCONFORMING:

A use or structure that was lawful at the time it was begun, but could not presently be so begun, used or constructed under current City regulations.

NONCONFORMING LOT:

Any platted lot that does not conform with the regulations of this Ordinance and/or the Subdivision Ordinance, and that was created prior to the adoption of this Ordinance and the Subdivision Ordinance.

NONCONFORMING STRUCTURE:

Any structure, building or physical improvement existing on land that was lawful prior to enactment of this Ordinance, but which does not conform to the regulations, relative to its size, height or location, within the zoning district in which it is located.

NONCONFORMING USE:

Any activity or use of land which was lawful prior to the enactment of this Ordinance, that does not conform to the regulations of the zoning district in which it is located.

OCCUPANCY:

Any utilization of real property, its attachments or appurtenances.

OFFICE, GENERAL:

[x] A facility used for the indoor provision of professional, executive, management or administrative services. Includes administrative functions involved in real estate, insurance, legal services, property management, investments, personnel, travel, clerical/administrative services, small-scale (that is, 10,000 square feet or less in size) telephone answering (also see Call Center), military/armed forces recruiting, dispatch only (no on-site storage of service/repair vehicles, materials, inventory or chemicals) of home and business maintenance and repair services (such as, carpet cleaning, pest control, plumbing or mechanical repair), ticketing/box office, a telework center, and business offices of public utilities, organizations and associations. Does not include medical or dental offices.

OFFICIAL SUBMISSION (or Filing) DATE:

The date an applicant delivers the application or plan to the City, or deposits the application or plan with the United States Postal Service by certified mail addressed to the City, with all required fees and documents. The official submission date is also subject to complete application provisions within this Ordinance. Please note that applications or plans must be received by the submittal deadlines as published by City staff.

OUTSIDE DISPLAY, NEW MATERIALS:

[x] The temporary placement and display, in an unenclosed or unroofed area, of any new/unused goods (including pre-packaged foods and beverages), materials or merchandise for less than twenty-four (24) hours on sales/business days only (that is, not on a continuous basis), and which are removed from display at the end of each sales/business day and stored indoors overnight.

OUTSIDE DISPLAY, USED MATERIALS:

[x] The temporary placement and display, in an unenclosed or unroofed area, of any used or salvaged materials or merchandise for less than twenty-four (24) hours on sales/business days only (that is, not on a continuous basis), and which are removed from display at the end of each sales/business day and stored indoors overnight.

OUTSIDE STORAGE, NEW MATERIALS:

[x] The keeping, in an unenclosed or unroofed area, of any new/unused goods (including pre-packaged foods and beverages), materials or merchandise in the same place for more than twenty-four (24) hours.

OUTSIDE STORAGE, USED MATERIALS:

[x] The keeping, in an unenclosed or unroofed area, of any used or salvaged non-consumable goods, materials or merchandise in the same place for more than twenty-four (24) hours.

OUTSIDE STORAGE UNIT, PORTABLE (POD):

[x] A storage unit, or container, that is delivered to a location on a truck, placed on a premises, and used for storage usually on a temporary basis (that is, not permanent).

OWNER:

Where applied to a building or land, shall include any part owner, joint owner, lessee, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, for the whole or of a part of a building or land.

PARAPET:

A low wall or railing which projects above the roof; may be an extension of a vertical wall.

PARK OR PLAYGROUND, PRIVATE:

[x] An open recreation facility or park area owned and operated by an entity that is not a public agency, and that is not generally available for use by the general public without a membership, permission to use by the owner/operator, etc.

PARK OR PLAYGROUND, PUBLIC:

[x] An open recreation facility or park area owned and operated by a public agency such as the City of Krum or the School District, and that is available for use by the general public.

PARKING AREA:

An area containing multiple parking spaces together with accompanying maneuvering area and driveway access, usually off-street, for the storage of motor vehicles.

PARKING LOT OR GARAGE, COMMERCIAL:

[x] An open lot or a structure designed specifically for the temporary or long-term parking or storage of operable (i.e., no junked, wrecked or inoperable) automobiles and light-duty trucks (i.e., no heavy load vehicles), owned by others, for a fee. May include a business office for a parking attendant.

PARKING, SHARED:

Parking which is shared by tenants, visitors and the general public. Hours of availability by each use sharing the parking space(s) shall be as set forth in an irrevocable parking agreement that has been approved by the City.

PARKING SPACE:

An enclosed or unenclosed, off-street (i.e., not on a public street or alley, except within the Old Town area) concrete-paved area that is used for parking a vehicle, and that is accessed from a paved driveway that connects the parking space with a public street.

PARKWAY:

That portion of the public right-of-way lying primarily between the edge of the pavement or curb and the private property line.

PATIO HOME:

A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line. See Dwelling, Single-Family and Dwelling, Zero-Lot-Line Home.

PAWNSHOP:

[x] A location at which, or premises in which, a pawnbroker (as defined by Section 371.001 of the Texas Finance Code) engages in the business of lending money on the security of pledged goods (as defined by Section 371.001 [371.003] of the Texas Finance Code); or purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.

PAYDAY ADVANCE OR LOAN BUSINESS:

An establishment that makes small consumer loans, backed by postdated check or authorization to make an electronic debit against an existing financial account, in which the check or debit is held for an agreed-upon term or until the customer’s next payday, and then cashed or debited unless the customer repays the loan within the agreed time frame (see Alternative Financial Establishment).

PERFORMANCE STANDARD:

Standards specified for the operating characteristics of different activities and related to noise, smoke, airborne particulate matters, odors, toxic and noxious matter, glare, exterior illumination and vibration.

PERMANENT COSMETICS:

The practice of applying inks and dyes to the dermal layer of the skin, by the use of needles or other instruments designed to contact or puncture the skin, for the sole purpose of providing either permanent coloration for medical skin restoration or cosmetic coloration to enhance or diminish personal features such as for lips, eyebrows, eyelids, blemish and mole mitigation, etc. Such applications shall be non-pictorial in nature, shall contain no verbiage or shapes or symbols of any kind, and may be allowed as an accessory use only in a personal service establishment provided that the appropriate State licensure for such is maintained at all times (classified as Personal Services in the Use Charts in Section 37.2).

PERMIT.

An official document or certificate issued by an appropriately authorized person, agency or department having jurisdiction which authorizes performance of a specified activity with terms or conditions or limitations as applicable identified and subject to adopted rules, regulations, and requirements.

PERMITTED USE:

A use specifically allowed in one or more of the various zoning districts by right, meaning that no zoning amendment is necessary to allow the use within a designated zoning district. This term does not include uses that may be allowed with a Specific Use Provision (SUP).

PERSON.

Means an individual, firm, partnership, corporation, association, or other legal entity.

PERSONAL CARE FACILITY (ASSISTED LIVING FACILITY):

As defined by Section 247.002 of the Texas Health & Safety Code, an establishment that furnishes, in one or more facilities, food and shelter to four (4) or more persons who are unrelated to the proprietor of the establishment, and provides personal care services or administration of medication by a person licensed or otherwise authorized in this state to administer the medication, and may provide assistance with or supervision of the administration of medication. For the purposes of this definition, personal care services means:

Assistance with feeding, dressing, movement, bathing, or other personal needs or maintenance;

General supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in a personal care facility or who needs assistance to manage the person’s personal life, regardless of whether a guardian has been appointed for the person.

For a use to qualify as a Personal Care (Assisted Living Facility), it must meet all the specifications and requirements of the Assisted Living Facility Licensing Act, Chapter 247 of the Texas Health & Safety Code. In the event of a conflict between this definition and the definition provided by Chapter 247 of the Texas Health & Safety Code, state law shall control.

PERSONAL PROPERTY:

For the purpose of regulating garage sales, the term shall mean property which is owned, utilized and maintained by an individual or members of his or her household and acquired in the normal course of living or maintaining a residence. The term does not include merchandise which was purchased for resale or obtained on consignment.

PERSONAL SERVICES:

[x] An establishment that provides services to individuals, such services primarily involved in the care of the persons or specialized services not otherwise listed herein as a specified use. Includes, but is not limited to, services such as barber/beauty shops, tailoring, dressmaking, shoe repair, florist, travel agency, licensed massage or physical therapy, photography/portrait studios, manicure/pedicure salons, the application of permanent cosmetics, hair removal and tanning salons, or weight-loss salons.

PERSONAL WATERCRAFT SALES, LEASING & REPAIR:

[x] An establishment offering the sales, leasing, rental, service and/or repair of personal watercraft vehicles. Includes sales of accessories, transport trailers, water recreation supplies, etc. Includes no outdoor display or storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

PET CARE/PLAY FACILITY (INDOORS):

[x] An indoor commercial establishment in which domestic animals (such as dogs and cats) are housed, groomed, bred, boarded, entertained or trained for a fee or compensation. Includes overnight boarding, pet day cares, indoor dog parks and grooming-only salons (that is, a pet salon that is not part of a retail Pet Store establishment). All of the establishment’s activities occur indoors, except for periodic outdoor breaks/exercise under close supervision for limited periods of time (periods of up to one-half hour).

PET CARE/PLAY FACILITY (OUTDOORS):

[x] A commercial establishment in which domestic animals (such as dogs and cats) are housed, groomed, bred, boarded, entertained or trained for a fee or compensation. Includes activities or overnight boarding in outdoor kennels/runs, outdoor pet day cares and outdoor dog parks. Some or all of the establishment’s activities occur outdoors, generally for an extended period of time (including overnight).

PET STORE:

[x] A retail establishment offering small animals for sale (no livestock) where all creatures are housed within the building, and the sale of pet foods and supplies. May include pet grooming salon, indoor pet care/play/boarding and/or small animal veterinary services as accessory use(s).

PHARMACY:

[x] A retail establishment engaged in the retail sale of prescription drugs, nonprescription medications, cosmetics, sundries and other related personal care supplies. May include sales of pre-packaged food and beverage items as an accessory use only.

PHYSICAL THERAPY:

A type of personal service that offers, by licensed physical therapy professionals, therapeutic massage, rehabilitative strength and flexibility training, and physical pain relief techniques, as prescribed by a licensed doctor and on an outpatient basis (no overnight stays). (Classified as Personal Services in the Use Charts in Section 37.2)

PLANNED DEVELOPMENT (PD) DISTRICT:

A comprehensively planned land development project which may allow flexibility in development standards such as those that specify building siting, densities, mixtures of housing types and land uses, usable open spaces, and the preservation of trees or other significant natural features. Such district adheres to the standards of Section 35 of this Ordinance.

PLANNING AND ZONING COMMISSION:

The body appointed by the City Council as an advisory body to it, and which is authorized to make recommendations pertaining to zoning and land development.

PLAT:

A map, drawing, chart or plan showing the exact layout and proposed construction of a proposed development into one or more lots, blocks, streets, parks, school sites, commercial or industrial sites, easements, alleys and/or any other elements as required by the Subdivision Ordinance, and which a subdivider shall submit for approval in accordance with the Subdivision Ordinance.

PORCH:

A roofed space open on one or more sides, one or more stories in height, the roof of which is an extension of the roof of a building to which the porch is attached. The purpose of such space is to shelter people or objects, not including vehicles, from the sun, rain and general weather.

PORTABLE BUILDING SALES/LEASING:

[x] An establishment that displays, sells or rents structures which are capable of being carried or transported to another location, not including mobile homes, HUD-Code homes or industrialized homes. May include outdoor display and storage.

POST OFFICE:

[x] A local branch of the U.S. Postal Service engaged in the distribution of mail and including incidental services such as mailing and shipping services, leasing of mailboxes, etc.

PRELIMINARY PLAT:

A plat that illustrates and thereby assures the general layout of a proposed subdivision, the adequacy of public facilities needed to serve the proposed subdivision, and the overall compliance of the land division with applicable requirements of the Subdivision Ordinance and that is reviewed and decided prior to approval of a Final Plat.

PRINTING/PUBLISHING HOUSE:

[x] An establishment whose primary service is long-run printing including, but not limited to, book, magazine and newspaper publishing. (For a retail/small-scale print and copy shop, and for a private mail and shipping service, having 5,000 square feet or less in floor area, see Business & Media Service.)

PRINTING, RETAIL/SMALL SCALE:

See Business & Media Service.

PRIVATE CLUB:

See Article 4.03 in the City Code.

PRODUCE STAND/FARMERS’ MARKET (OUTDOOR):

[x] A permanent structure that is used to sell fruit, edible seeds and nuts, vegetables and similar farm-raised foods.

PROPERTY OWNER:

See Owner.

PUBLIC RIGHT-OF-WAY:

The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement, which has been dedicated to the public use, regardless of whether title is held by the City in fee or in an interest less than fee.

PUBLIC VIEW:

Areas that can be seen from a public street, alley, property or open space area.

RACING TRACK:

[x] An outdoor facility for racing automotive vehicles or motorcycles. Includes car racing tracks, drag strips, motorcycle tracks and courses, etc. Uses and facilities may include, but are not limited to, tracks, race courses, automotive repair facilities (as accessory use), spectator seating and bleachers, racing gear shops, concessions, etc.

RADIO, TELEVISION OR MICROWAVE TOWER:

See Antenna or Microwave Reflector, and Antenna Support Structure.

RECEPTION FACILITY:

[x] An establishment that is open to the general public or made available for private use, primarily for the provision of facilities for parties, dances, receptions, banquets or similar social events. Does not include restaurants, hotels, country clubs, theaters or commercial amusements that provide for such activities as a secondary use.

RECORD DRAWINGS:

See As-Built/Record Drawings [sic].

RECORDED PLAT:

A plat that has been approved by the City and that has been filed for record with Denton County after meeting all City requirements for recordation in the Subdivision Ordinance.

RECORDING STUDIO/MEDIA PRODUCTION:

[x] An indoor facility for the production or transmission of commercial programming by radio or television. Also includes a facility having the facilities and equipment necessary for the production of audio/video media.

RECREATIONAL VEHICLE (RV):

Any type of trailer or self-propelled motor vehicle which is designed, constructed and equipped for human habitation as a temporary dwelling place or sleeping place. Also includes such trailers designed or intended primarily for transportation of a boat.

RECREATIONAL VEHICLE PARK:

[x] An area or commercial campground for users of recreational vehicles, travel trailers and similar vehicles to park on a temporary, overnight basis (not for long-term stays of over 30 calendar days). May include tent camping and a residence for the owner/manager of the premises, utility hook-ups, accessory structures (such as gazebos, pavilions, storage buildings, or clubhouse), playgrounds, open space/recreational areas, fenced yards for pets, and other similar amenities. Does not include a Manufactured Home Park.

RECREATIONAL VEHICLE/TRAILER SALES, LEASING & REPAIR:

[x] An establishment offering the sales, leasing, rental, service and/or repair of new and/or used recreational vehicles and trailers (such as cargo, flatbed, and livestock), travel trailers and campers. Includes sales of camping supplies and parts for RVs. May include outdoor display and storage of vehicle and trailer inventory.

RECYCLABLE MATERIALS:

Reusable materials including, but not limited to, metals, plastics, glass and paper which are intended for reuse, remanufacture or reconstitution for the purpose of reusing the altered form. This term does not include automotive materials or parts, food refuse, offal or other consumable materials.

RECYCLING COLLECTION CENTER:

[x] An indoor facility which provides for the collection, sorting, storage, bundling and shipping of recoverable and recyclable non-automotive, non-consumable and non-compostable materials such as aluminum cans, glass, papers including magazines and newspapers, cardboard, wood pallets, metals, plastics, tires, computers and electronics, oil, paints, solvents, textiles, etc. Processing of materials is limited to weighing, sorting, flattening, crushing, shredding and bundling/palletizing materials for shipment essentially by hand or by machine, and does not include smelting, melting, refining or other conversion back to a “raw material” state.

RECYCLING SALVAGE YARD:

[x] A facility which provides for the collection, sorting, storage, bundling and shipping of recoverable and recyclable non-automotive, non-consumable and non-compostable materials such as aluminum cans, glass, papers including magazines and newspapers, cardboard, wood pallets, metals, plastics, tires, computers and electronics, oil, paints, solvents, textiles, etc. Processing of materials may include weighing, sorting, flattening, crushing, shredding and bundling/palletizing materials for shipment by hand or by machine, and may also include smelting, melting, refining or other conversion back to a “raw material” state. Includes the outdoor storage of materials. For automotive-related reclamation, see Salvage Yard, Automotive.

REFUSE CONTAINER:

Any container used for the temporary storage of routinely collected waste that is specifically designed to be emptied by heavy machinery. Also may be referred to as a dumpster or trash receptacle.

REGULATORY AUTHORITY:

The City Council of Krum, Texas.

REHABILITATION FACILITY:

[x] As defined by Chapter 244 of the Texas Local Government Code, A residential facility that is operated by an agency of the State, a political subdivision of the State, or a private vendor operating under a contract with an agency of the State or a political subdivision of the State and that houses persons convicted of misdemeanors or felonies or houses children found to have engaged in delinquent conduct, regardless of whether the persons are housed in the residential facility:

While serving a sentence of confinement following conviction of an offense;

As a condition of probation, parole, or mandatory supervision; or

Under a court order for out-of-home placement under Title 3, Family Code, other than in a foster home operated under contract with the juvenile board of the county in which the foster home is located or under a contract with the Texas Youth Commission.

Such facility and the persons that reside therein must meet all the specifications and requirements of Chapter 244 of the Texas Local Government Code. In the event of a conflict between this definition and the definition provided by Chapter 244 of the Texas Local Government Code, state law shall control.

RESIDENCE:

A building occupied as the dwelling place of one or more persons in which the use and management of sleeping quarters, [and] all appliances for cooking, ventilating, heating, or lighting are under one control, including any type of dwelling defined herein.

RESIDENTIALLY ZONED PROPERTY or LAND:

Property that is zoned as a single-family detached, single-family attached (townhouse), two-family or multifamily zoning district. Also includes property that is zoned as a Planned Development (PD) district where the base zoning within the PD one of the foregoing districts.

RESIDENTIAL USE:

A dwelling unit or group of dwelling units; includes dwelling units (such as loft apartments) within the upper story(s) of a building wherein other parts of the building are used for nonresidential purposes, such as retail establishments or offices.

RESPONSIBLE OFFICIAL:

The City staff person who has been designated to accept submission of a type of development application, to review and make recommendations concerning such applications, and where authorized, to initially decide such applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of this Ordinance with respect to such development applications. Also includes any designee of the designated City staff person.

RESTAURANT:

[x] An establishment at which food and beverages are prepared for service and consumption on the premises, or for carry-out (i.e., for off-site consumption). Includes carry-out service provided patrons leave their vehicles and enter the building to pick up/pay for carry-out items, or provided an employee of the establishment carries items to patrons waiting in their vehicles (“curbside service”).

RESTAURANT, DRIVE-THROUGH:

[x] An establishment at which food and beverages are prepared primarily for service to persons in vehicles, and may include consumption on the premises and/or curbside service. May include a take-out window, walk-up window, drive- through or drive-in service bays as part of the operation.

RETAIL:

The sale of commodities in relatively small quantities directly to consumers.

RETAIL OR SERVICE, ACCESSORY:

Retail sales or a service that is clearly incidental to the primary use, such as a hair or nail salon, news stand, donut shop, restaurant, pharmacy or other incidental activity within an office building. Accessory retail and service uses shall not occupy more than fifteen percent (15%) of the floor area of the main use.

RETAIL STORE:

[x] The sale of commodities to consumers that is not otherwise herein regulated or defined, including but not limited to the sale of items such as, clothing and apparel accessories, household items (does not include furniture, appliances and large furnishings), a discount store, a department or variety store, an indoors-only automotive parts sales, or a specialty grocer (maximum 5,000 square feet).

RIDING ACADEMY/STABLES:

See Stable, Commercial.

RIGHT-OF-WAY LINE:

A dividing line between a lot, tract or land parcel and a contiguous street or alley.

ROOFLINE:

The ridge line or highest part of a roof.

SALVAGE YARD, AUTOMOTIVE:

[x] Any lot or land parcel upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of dismantling such vehicles to obtain parts for recycling, resale or storage.

SCHOOL, BUSINESS:

[x] A private educational establishment offering, on a regular basis, vocational instruction or training in professional, artistic and design oriented fields. Examples include (but are not limited to): clerical or administrative training, data processing, computer programming and maintenance, medical training, financial or legal training, artistic and design training, music, dancing, acting, modeling, etc. Excludes establishments providing training in an activity that is not otherwise allowed in the zoning district.

SCHOOL, PRIVATE, RELIGIOUS OR CHARTER:

[x] A learning facility for enrolled students that is under the sponsorship of a private agency, corporation, religious agency, or registered charter (as provided for by Chapter 12 of the Texas Education Code), other than a public school district, which offers a curriculum that is generally equivalent to public schools for the applicable grade level(s).

SCHOOL, PUBLIC:

[x] A learning facility for enrolled students that is owned and operated by a public school district which offers kindergarten, elementary and/or secondary/high school curriculum for the purpose of educating pupils generally between the ages of five and eighteen.

SCHOOL, RETAIL/PERSONAL SERVICES TRAINING:

[x] A private educational establishment offering, on a regular basis, vocational instruction or training in retail or personal service oriented fields. Examples include (but are not limited to): bartending, cosmetology or personal grooming, food service or culinary instruction, etc. Excludes establishments providing training in an activity that is not otherwise allowed in the zoning district.

SCHOOL, TRADE:

[x] A private educational establishment offering, on a regular basis, vocational instruction or training in a trade, craft, skill, activity and/or profession, exclusive of other listed schools herein. Examples include (but are not limited to): auto and truck repairing, welding and metal-crafting, brick-laying, building construction and contractor trades, truck and bus driving, or electronics assembling and repairing. Excludes establishments providing training in an activity that is not otherwise allowed in the zoning district, unless such training only involves equipment or processes typical of uses permitted in the district.

SCREENING:

Fencing, walls, planted berms, or densely planted vegetation which acts as a buffer or that reduce visibility.

SEASONAL SALES:

[x] The periodic (that is, not continuous throughout the calendar year) sales of seasonal items (such as Christmas trees, pumpkins, holiday florals, summer play equipment or other similar seasonal outdoor display items) that are conducted by the same entity that owns the property, or by a state-registered and regulated business entity that holds a lease term on the property. Does not include private, illicit sales of goods or services by an individual who is not registered as a bona fide retail or service business with the State of Texas.

SELF-STORAGE FACILITY (MINI-WAREHOUSE):

[x] A building(s) containing small individual storage units of five hundred square feet or less for rent or lease, restricted solely to the storage of items, such as motor vehicles, trailers, boats, household goods, and sundry personal property. This definition shall not include the conduct of sales, business, living/habitation, band/musical practice or performance, or any other activity other than storage within the individual storage units.

SETBACK:

The required distance between any point on private land and the nearest point at the edge of the nearest public street right-of-way. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way.

SETBACK LINE:

A line defining an area on the lot between the property line and the building line, within which no building shall be constructed, encroach or project, except as specifically authorized in an adopted City ordinance or within this Ordinance.

Exterior Side Setback Line:

A side setback adjacent to a street right-of-way line.

Front Setback Line:

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

Interior Side Setback Line:

A side setback that is not adjacent to a street right-of-way.

Side Setback Line:

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

Rear Setback Line:

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

SEXUALLY ORIENTED BUSINESS:

[x] Any use included within the meaning of “sexually oriented business,” as defined in Article 4.08 of the City Code.

SHELTER TENT:

[x] Any shelter or cover, fabric or solid material designed to provide shade or protection from weather elements.

SHIPPING CONTAINER:

[x] A standardized, reusable shipping or storage vessel used in the transportation of freight or the storage of goods, and that is capable of being mounted and moved on a rail car, a truck or a ship.

SHOOTING RANGE, INDOOR:

[x] A structure specially designed for the safe discharge and use of rifles, shotguns, pistols and other types of firearms for the purpose of sport shooting, target practice, competitions, firearms education or military/law enforcement training entirely enclosed within a building. May include the sales of handguns and other firearms, ammunition, sport shooting and hunting supplies, etc. Also includes an indoor archery range.

SHOOTING RANGE, OUTDOOR:

[x] An area specially designed for the safe discharge and use of rifles, shotguns, pistols and other types of firearms for the purpose of sport shooting, target practice, competitions, firearms education or military/law enforcement training in which some or all of the operation occurs outside (that is, not entirely enclosed within a building). May include the sales of handguns and other firearms, ammunition, sport shooting and hunting supplies, etc. Also includes an outdoor archery range.

SIDEWALK:

A paved pathway, normally located within public right-of-way or within a pedestrian easement that is typically used by pedestrian traffic, bicycles and other nonmotorized personal conveyances.

SITE PLAN:

A scaled and detailed drawing that conforms to the requirements of this Ordinance, specifically Section 12, and that shows the roads, parking, footprints of all buildings, existing trees, proposed landscaping, parkland, open space, grading and drainage, and similar features needed to verify compliance with the City’s approved Comprehensive Plan and development standards.

SMALL ENGINE/LAWN EQUIPMENT RENTAL & REPAIR:

[x] An indoor establishment that cleans, repairs, refurbishes or rents out non-automotive electric or gas-powered equipment with only one-cylinder engines (such as lawn mowers, air compressors, and chainsaws). Includes no outdoor display or storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

SMOKE SHOP:

[x] An establishment whose primary use is dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia and/or e-cigarettes or e-cigarette products or paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop.”

SOCIAL SERVICE FACILITY/AGENCY:

[x] A nonprofit facility operated by an organization which provides services such as training, counseling, health, or the distribution of food or clothing. This term includes but is not limited to a facility offering life skills training, substance abuse counseling, and relocation and housing services. This term does not include any use which provides for any type of permanent or temporary overnight housing or shelter, or any type of retail sales of goods or services.

SOLID WASTE REFUSE CONTAINER:

See Refuse Container.

SPECIAL EXCEPTION:

A modification of zoning standards authorized by the City’s Board of Adjustments (BOA) that is applicable to particular types of development within any zoning district in a manner consistent with the overall intent of the zoning regulations.

SPECIFIC USE PROVISION (SUP):

A zoning action authorizing the establishment of a use that may be suitable only in certain locations in a zoning district, or that is allowed only when subject to standards and conditions that assure compatibility with adjoining uses. Such provision complies with Chapter 2, Article 2, Division 3 [Section 36] of this Ordinance, and related regulations of uses within Chapter 2, Article 5, Division 2 (Land Use Matrix) [Section 37] of this Ordinance.

STABLE, COMMERCIAL:

[x] A business establishment with one or more structures and/or land that is used to keep equine livestock on a commercial basis for compensation for one or more of the following purposes: sale, hire, breeding, boarding and/or training.

STABLE, PRIVATE:

[x] A detached accessory structure for the keeping of equine livestock owned by the occupants of the premises and not kept for remuneration, hire or sale. (See Article 2.06 in the City Code for regulations pertaining to the keeping of livestock on private property)

STOCKYARDS:

A facility that provides confined areas where cattle, horses or other livestock are held for short periods of time, are fed filler-type feed, and are generally awaiting transport. ([x] Shown within the Use Charts in Section 37.2 under Stockyards, Livestock Auctions and Livestock Hauling)

STORY:

That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story, for the purposes of this Ordinance, shall be defined as twelve feet (12'). The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories (i.e., height) of a building shall be measured from point representing the average slope from front to back (or side to side) of the building.

STORY, HALF:

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.

STREET:

The entire width between property lines when any part thereof is open to the use of the public, as a matter of right, regardless of the type of property interest held by the City, for the purpose of vehicular traffic. This definition shall include public as well as private streets.

STRUCTURAL ALTERATIONS:

Any change in the supporting member(s) of a building, such as a loadbearing wall, column, beam or girder.

STRUCTURE:

Anything constructed or erected on the ground or attached to the ground, that has a permanent location on the ground in some definite manner, and that is covered by a roof. Examples include buildings, sheds, cabins, mobile homes and other similar items. Also see Building.

STUCCO:

A color-intrinsic, exterior plaster material composed primarily of cement and sand applied in a three-stage process, at least three-quarters of an inch (0.75") in thickness, to form a hard covering for exterior walls. (See the definition for Masonry Construction)

STUDIO, ARTS/CRAFTS:

[x] A business establishment, not exceeding five thousand (5,000) square feet in floor area, that provides a place (fully enclosed within a building) and the necessary supplies and equipment to produce individually crafted artworks or craft items. Includes incidental retail sale of items produced on the premises and of supplies and crafting tools needed to produce same, as well as instruction in their creation.

STUDIO, FITNESS OR PERFORMING ARTS:

[x] A business establishment, not exceeding five thousand (5,000) square feet in floor area, that provides a place (fully enclosed within a building) for practice and instructional classes in gymnastics, exercise or fitness routines, the martial arts, dance, music, theatre and other performing arts. (See Health & Fitness Gym for facilities that are over 5,000 square feet in size.)

SURVEYOR:

A licensed state land surveyor or a registered professional land surveyor, as authorized by Texas laws, to practice the profession of surveying.

TATTOOING/BODY ART ESTABLISHMENT:

[x] An establishment that offers tattooing, body piercing, and/or other elective forms of decorating the human body. Tattooing is the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels or other related equipment, but does not include tattooing for medical purposes (such as for reconstructive or plastic surgery) or the application of permanent cosmetics (see Permanent Cosmetics). Body piercing is the creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or other decoration.

TAXIDERMIST:

[x] The business of preparing, stuffing and mounting the skins, heads, antlers or other external parts of animals, birds and fish for display.

TCEQ:

The acronym for the Texas Commission on Environmental Quality.

TELECOMMUNICATIONS SWITCHING STATION:

[x] A building used for the transmission and exchange of communications messages and signals (including those transmitted by wire, fiber-optics or other non-wireless technology). Does not include outdoor equipment yards or wireless service towers (see Antenna, Commercial).

TELECOMMUNICATIONS TOWER OR STRUCTURE:

See Antenna or Microwave Reflector, and Antenna Support Structure.

TELEWORK CENTER:

A satellite office-related work facility incorporating sufficient technology to permit employees to reduce their commute trip or to work closer to home (classified as an Office, General).

TEMPORARY BUILDING/OFFICE:

[x] A building or structure, of either permanent or temporary construction (including a recreational vehicle or a trailer), used in conjunction with a development or construction project for display purposes, as a field office, or for housing temporary supervisory, sales or security personnel related to the active development or construction project.

TEMPORARY OR MOBILE ANTENNA:

An antenna and any associated support structure/equipment (including equipment such as a support pole or a vehicle) that is placed and/or used on a temporary basis only (that is, not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.

THEATER, SMALL-SCALE:

[x] A building or part of a building devoted to the showing of motion pictures or for dramatic, musical or live theatrical performances with a seating capacity of 700 persons or less.

THEATER, LARGE-SCALE:

[x] A building or part of a building devoted to the showing of motion pictures or for dramatic, musical or live theatrical performances with a seating capacity of over 700 persons.

THOROUGHFARE, MAJOR:

A roadway that is classified as such on the City’s adopted Comprehensive Plan map and/or Thoroughfare Plan.

TRANSIT STATION, PUBLIC:

[x] A premises for the loading and unloading of passengers for a publicly owned and operated transit system (such as DART). Includes overnight parking of passengers’ vehicles. Does not include a bus stop.

TRANSPORTATION DEPOT, PASSENGER:

[x] A premises for the loading and unloading of passengers from group transportation vehicles (such as buses), that is operated for profit by a commercial passenger transportation business. Includes a pickup/drop-off type of operation only, and does not include any type of overnight accommodations. Does not include overnight parking or long-term storage of transportation vehicles except for the occasional overnight parking of a vehicle that has become inoperable for a maximum of twenty-four (24) hours.

TRANSPORTATION TERMINAL, PASSENGER:

[x] A premises for the loading and unloading of passengers from group transportation vehicles (such as buses or trains), and also including the temporary/short-term parking of such vehicles, that is operated for profit by a commercial passenger transportation business. May include limited overnight accommodations and personal hygiene facilities (such as showers) for company employees and drivers only (not for passengers). Overnight parking of transportation vehicles that are either out-of-service (yet operable) or that are awaiting a trip segment shall be allowed for up to fourteen (14) calendar days.

TRAVEL CENTER (also “TRUCK STOP”):

[x] A large-scale gasoline/motor fuel sales facility of over five thousand (5,000) square feet which primarily involves fueling and travel services for tractor trucks and the trucking industry.

TRUCK:

See Heavy Load Vehicle.

TRUCK/BUS REPAIR:

[x] An establishment that provides major and minor repairs to trucks, buses, trailers and other heavy load vehicles for a fee. Includes no outdoor storage except the parking of vehicles being repaired, which may remain on-site for no longer than thirty (30) calendar days.

TRUCK/BUS SALES & LEASING/RENTAL:

[x] The rental of new and/or used panel trucks, vans and other heavy load vehicles that are in operable condition. Does not include truck/bus repair services.

TRUCK/BUS STORAGE:

[x] An area for the temporary parking or long-term storage of operable (i.e., no junked, wrecked or inoperable) trucks, buses, RVs, trailers, boats and other types of special and heavy load vehicles, owned by others, for a fee.

TRUCK/BUS WASH:

[x] A facility for the automated, self-serve or full-service washing and detailing of heavy load vehicles for a fee. Overnight storage of vehicles or trailers shall be limited to those vehicles or trailers that are being cleaned, and shall be for no longer than two (2) nights at any given visit.

TXDOT:

The acronym for the Texas Department of Transportation.

UNIFORM SUPPLY SERVICE:

An establishment that provides for the pickup/delivery, laundering, sale or leasing of uniforms to individuals or businesses. May include on-site laundering of, and alterations and repairs to, uniforms, linens, etc. that are provided to customers by the business. (Classified as Laundry Plant, Commercial in the Use Charts in Section 37.2)

USED GOODS:

Previously owned or used goods including, but not limited to, clothes, shoes, office or household furnishings, linens, draperies, dishes, domestic kitchen appliances, and other items. Does not include the sales of any car, truck, recreational vehicle, boat, trailer, truck, motorcycle, all-terrain vehicle, personal watercraft, or other automotive or motorized vehicle (which are covered as used vehicle sales).

USED GOODS, RETAIL SALES (INDOORS):

[x] A single-tenant/user retail establishment that primarily sells used goods in which all sales, display and storage occur within a fully enclosed building. Includes a resale/thrift shop, consignment store, military surplus store and rummage shop, but does not include a flea market or indoor shopping mall (see Flea Market and Indoor Shopping Mall).

UTILITY:

A business that provides an essential commodity or service, such as electric, gas transmission, and local telephone, and that is generally substantially regulated by the Texas Public Utility Commission, Railroad Commission, or Federal Communications Commission.

VARIANCE:

Authorization to deviate from or vary one or more standards applicable to a development application that is reviewed and decided by the Board of Adjustments.

VEHICLE DISPATCH & STORAGE:

[x] A private, commercial transportation service (not operated by the City of Krum or other public entity such as DART) that specializes in the dispatch and provision of specialty non-heavy-load vehicles such as ambulances, hearses, limousines, taxis, paratransit vehicles, etc. for a fee. May include facilities for the storage and maintenance of such vehicles, office space and sleeping quarters for employees who are on-call. Outdoor storage, if allowed in the zoning district wherein the business is located, shall be limited to vehicles dispatched by the business unless otherwise approved by SUP.

VENDING MACHINE, EXTERIOR:

An automated machine that is located outside of the building and that is designed to sell and dispense non-consumable goods for a fee. Includes machines that distribute visual media, flowers, newspapers/magazines, postage or mailing supplies, etc.

VETERINARY CLINIC, LARGE ANIMAL:

[x] An establishment where a veterinarian maintains treatment facilities for the medical or surgical treatment of diseased or injured animals of all sizes (may include livestock), including boarding facilities. Some or all of the establishment’s activities may occur outdoors (including overnight) in outdoor pens, runs or corrals.

VETERINARY CLINIC, SMALL ANIMAL (INDOORS):

[x] An establishment where a veterinarian maintains treatment facilities for the medical or surgical treatment of diseased or injured animals, including boarding facilities. All of the establishment’s activities occur indoors, except for periodic outdoor breaks/exercise under close supervision for limited periods of time (that is, up to one hour at a time). For the purpose of this definition, small animal shall be defined as any animal that is no larger than the largest breed of dogs, including fish, birds, reptiles and mammals (no livestock).

VETERINARY CLINIC, SMALL ANIMAL (OUTDOOR):

[x] An establishment where a veterinarian maintains treatment facilities for the medical or surgical treatment of diseased or injured animals, including boarding facilities. Some or all of the establishment’s activities may occur outdoors, generally for an extended period of time (including overnight). For the purpose of this definition, small animal shall be defined as any animal that is no larger than the largest breed of dogs, including fish, birds, reptiles and mammals (no livestock)[.]

WALK-UP SERVICE:

[x] A facility that is designed to allow patrons to order, pay for and obtain goods by walking up to an exterior service window or portal while not physically entering the building.

WAREHOUSE/DISTRIBUTION CENTER, MICRO:

[x] A very-small-scale (that is, only one shipping truck bay) warehousing/distribution operation having a building(s) used primarily for the storage and/or distribution of goods and merchandise for primarily retail, end-user consumption. Can also include storage and distribution of small-scale goods and merchandise (i.e., no automotive-related parts or tires, and no large furniture, appliances, equipment, machinery, etc.) for delivery to retail stores, restaurants, general or medical offices, and other similar non-industrial types of businesses. Includes only occasional loading and unloading of cargo from passenger vehicles, cargo vans and/or light-duty, box-style trucks (no rail access) that do not exceed any of the following criteria:

Maximum of two axles (i.e., only one rear axle);

Maximum gross vehicle weight (GVW) of 16,000 pounds;

Maximum overall vehicle length of 30 feet;

Maximum overall length of one additional trailer of 12 feet (except a longer length is allowed for a single-capacity auto transport trailer with a maximum loaded weight of 8,000 pounds); and

Operates without the use of loud diesel idling, “jake” braking, backup horns/beeping, or other obtrusive noises that may not be compatible with surrounding land uses.

With the exception of parking areas, the loading dock and outside scales (if provided), all activities shall take place entirely within an enclosed building. Includes no outside display or outside overnight storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

WAREHOUSE/DISTRIBUTION CENTER, LARGE:

[x] A large-scale (that is, over ten shipping truck bays) warehousing/distribution operation having a building(s) used primarily for the wholesalers that display, sell and distribute merchandise to business representatives. Also includes large-scale moving, hauling and motor freight companies, and often includes the loading and unloading of cargo on a regular basis from trucks or rail cars. With the exception of parking areas, loading docks and outside scales (if provided), all activities shall take place entirely within an enclosed building. May include outside display or outside overnight storage, only if such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

WAREHOUSE/DISTRIBUTION CENTER, SMALL:

[x] A small-scale (that is, two to ten shipping truck bays) warehousing/distribution operation having a building(s) used primarily for the storage and/or distribution of goods, merchandise, supplies or equipment including wholesalers that display, sell and distribute merchandise to business representatives. Also includes small-scale moving, hauling and motor freight companies, and often includes the loading and unloading of cargo on a regular basis from trucks (no rail access). With the exception of parking areas, loading docks and outside scales (if provided), all activities shall take place entirely within an enclosed building. Includes no outside display or outside overnight storage, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.

WAREHOUSE, OFFICE/SHOWROOM (INDOOR):

[x] An establishment with at least twenty-five percent of its total floor area devoted to office and showroom space (a maximum of 75% of its total floor area may be devoted to storage and warehousing that is not generally accessible to the public). Includes sales offices, retail/wholesale sales areas, and display areas (showrooms) for products sold and distributed from the warehousing area.

WIND ENERGY CONVERSION SYSTEM (WEC):

[x] A wind-driven energy conversion system that converts wind energy into electricity through the use of a wind turbine/rotor (blades), a tower (freestanding, engineered, monopole structure only upon which the wind turbine/generator is mounted - no lattice-type or guyed tower structures allowed), and associated control or conversion electronics, that has a rated capacity of not more than 10 kw output at any given time, and that is intended for on-site production and consumption of electricity.

WIRELESS COMMUNICATION TOWER OR STRUCTURE:

See Antenna or Microwave Reflector, and Antenna Support Structure.

WRECKER/TOWING SERVICE:

[x] An establishment or place of business engaged in towing or transporting all types of vehicles (including automobiles, trucks, buses, and RVs) either behind the towing vehicle or placed on top of a flat-deck transport vehicle. Includes the temporary storage of vehicles for no longer than fourteen calendar days. Does not include long-term vehicle storage or salvage operations.

YARD:

An open space other than a court, that is located at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

YARD, FRONT:

The open, unoccupied, and unobstructed space located in front of the front building line of the principal building(s), calculated as the minimum horizontal distance between the front property line and the front building line of the principal building(s).

YARD, REAR:

The open space (unoccupied and unobstructed except for accessory buildings or dwellings) located behind the rear building line of the principal building(s), calculated as the minimum horizontal distance between the rear property line and the rear building line of the principal building(s).

YARD, SIDE:

The open (unoccupied, unobstructed) space located on either side of the principal building(s), calculated as the minimum horizontal distance between the side property line and the side building line of the principal building(s). Any lot line which is not a front or rear lot line is a side 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.

YOUTH CARE - FOSTER FAMILY HOME (Independent):

As defined by administrative rule of the Department of Family and Protective Services (DFPS), or as amended, a single independent home that is the primary residence of the foster parent(s) and licensed to provide care for six (6) or fewer children up to the age of eighteen (18) years. In the event of a conflict between this definition and DFPS’s definition, as amended, the DFPS’s definition shall control.

YOUTH CARE - FOSTER GROUP HOME (Independent):

As defined by administrative rule of the Department of Family and Protective Services (DFPS), as amended, a single independent home that is the primary residence of the foster parent(s) and licensed to provide care for seven (7) to twelve (12) children up to the age of eighteen (18) years. In the event of a conflict between this definition and DFPS’s definition, as amended, the DFPS’s definition shall control.

YOUTH CARE - LISTED FAMILY HOME:

As defined by administrative rule of the Department of Family and Protective Services (DFPS), as amended, a caregiver at least eighteen (18) years old who provides care in his own home for compensation and has a current and valid Issuance Letter issued by DFPS for three (3) or fewer children unrelated to the caregiver, ages birth through thirteen (13) years. Regular care is provided, which is care provided for at least four (4) hours a day, three (3) or more days per week, and more than nine (9) consecutive weeks. The total number of children in care, including children related to the caregiver, shall not exceed twelve (12). In the event of a conflict between this definition and DFPS’s definition, as amended, the DFPS’s definition shall control.

ZONING DISTRICT:

A classification within which the development regulations specified are uniform, and which is assigned to a particular area of the City by delineation upon the Zoning Map, which is a part of this Ordinance.

ZONING MAP:

The officially certified map or maps, on which the boundaries of the various zoning districts are shown, and which is a part of this Ordinance.

ZOO:

[x] A facility consisting of a zoological garden or a collection of live animals for display to the public.

(Ordinance 2015-05-01 adopted 5/4/15; Ordinance 2021-06-01 adopted 6/7/21; Ordinance 2023-755 adopted 2/6/2023)