(a)
Interpretations.
(1)
If
the meaning of this Ordinance is unclear in a particular circumstance,
then the individual or body charged with interpreting or applying
the Ordinance shall construe the provision to carry out the intent
of the Ordinance, if the intent can be discerned from other provisions
of the Ordinance or law.
(2)
All
words and phrases shall be construed and understood according to the
common preferred use of the language; but technical words and phrases
that may have acquired a peculiar and appropriate meaning in the law
shall be construed and understood according to that peculiar and appropriate
meaning.
(3)
Whenever
a word or term [is] defined hereinafter in the text of this Ordinance,
its meaning shall be construed as defined herein. Words or terms not
herein defined shall have the meaning customarily assigned to them.
(4)
The
definitions contained in this Article are for the purposes of this
Ordinance.
(b)
Terms.
(1)
The
word “shall” is always mandatory and not discretionary.
The word “may” is permissive.
(2)
The
term “Ordinance” shall be understood to include the term
“as amended” where the context is appropriate.
(3)
The
terms “abutting” or “adjacent to” include
property along the lot lines of the subject site, including those
in another community, but do not include lands separated by a public
street right-of-way.
(4)
A
“building” or “structure” includes any part
thereof.
(5)
The
word “build” includes to “erect” or “construct.”
(6)
The
word “person” includes an individual, a corporation, a
partnership, an incorporated association, or any other similar entity.
A masculine term shall include the feminine version of the term and
vice versa.
(7)
The
phrase “used for” includes “arranged for,”
“intended for,” “occupied for,” and “maintained
for.”
(8)
Unless
the context clearly indicates the contrary, the conjunctions noted
below shall be interpreted as follows.
(a)
“And” indicates that all connected items, conditions,
provisions, or events shall apply.
(b)
“Or,” indicates that the connected items, conditions,
provisions or events may apply separately or in combination.
(c)
“Either...or” indicates that the connected items, conditions,
provisions or events shall apply separately, not in combination.
(c)
The
particular shall control the general. For terms used in this Ordinance
the use of a general term shall not be taken to be the same as the
use of any other specific term.
(d)
Words
used in the present tense shall include the future; words used in
the singular number shall include the plural; and the plural the singular,
unless the context clearly indicates otherwise.
(e)
Computing
the number of days, the first day is excluded and the last day is
included. If the last day of any period during which an application,
filing, or request is required to be made to the city, county or other
governmental agency is a Saturday, Sunday, or legal holiday, the period
is extended to include the next day which is not a Saturday, Sunday,
or legal holiday.
(f)
All
measurements shall be to the nearest integer, unless otherwise specified
herein.
(g)
Unless
the context clearly indicates to the contrary, where an illustration
accompanies any item in this Ordinance, the written text shall have
precedence over the illustration.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Cessation of the use of a structure or land, with the intent
to abandon the use at that location. The intent to abandon may be
demonstrated by records indicating that the address is vacant or occupied
by another use, the utility service associated with the use has been
disconnected, the telephone number associated with the use as [has]
disconnected/moved to another location or the business associated
with the use has moved to another location or been discontinued.
Having a common property line or district line.
A technique to improve traffic operations and decrease the
potential for accidents along major thoroughfares through the control
of driveway locations and design; consideration of the relationship
of traffic activity for properties adjacent to, and across from, one
another; and the promotion of alternatives to direct access.
A subordinate building located on the same lot with the main
building, or a subordinate use of land, either of which is incidental
to the main building or to the principal use of the land. An accessory
building or use includes, but is not limited to:
A children’s playhouse, garden house, or private greenhouse;
A detached garage, shed, or building for domestic storage;
Incinerators incidental to residential use;
Storage of merchandise normally carried in stock on the same
lot with any retail, service, or business use, unless that storage
is prohibited by district regulations;
Storage of goods used in, or produced by, manufacturing activities
on the same lot or parcel of ground with those activities, unless
that storage is prohibited by district regulations;
A non-paying guest house or rooms for guests within an accessory
building, if those facilities are used for the occasional housing
of guests of occupants of the principal building and not for permanent
occupancy by others as housekeeping units;
Servant’s quarters, if part of an accessory garage and
solely for occupancy by a servant or household employee of the occupants
of the principal dwelling and the family of that servant or employee;
Off-street motor vehicle parking area and loading and unloading
facilities;
Signs, other than advertising signs, as permitted and regulated
in each district incorporated in this title;
Swimming pool, if private and being incidental to use by the
owner and guests; and
Public utility communication, electric, gas, water, and sewer
lines, their supports, and incidental equipment.
A structure used to house equipment for the operation, maintenance,
or repair of a wireless communications tower, including electronic
receiving and relay equipment.
Living quarters within an accessory building for the sole
use of persons employed on the premises, such as quarters having no
kitchen facilities and not rented or otherwise used as a separate
dwelling.
Any tract or parcel of land which has not been subdivided
and platted.
To lie near or close to; in the neighborhood or vicinity
of, including across a public right-of-way, stream, river or railroad.
The owners of record of each lot or parcel of real estate
abutting the tract of real estate that is the subject of the application,
petition, or matter upon which a public hearing is to be held before
the City Council and Planning and Zoning Commission. The owners of
record shall be according to the real estate master file as maintained
by the auditor of the county or city, at the time of the filing of
an application or petition,[.]
Touching or contiguous, as distinguished from lying near
or adjacent.
The following definitions shall apply to adult regulated
uses:
Adult arcade.
Any place to which the public is permitted or invited wherein
cash-operated, credit-operated, coin-operated or slug-operated or
electronically, internet or mechanically controlled still or motion
picture machines, projectors or other image-producing devices are
maintained to show images and where the images so displayed are distinguished
or characterized by the depicting or describing of “sexually
explicit activities” or “specified anatomical areas.”
Adult bookstore or adult video store.
(1)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
A commercial establishment which offers for sale or rental
for any form of consideration, as one of its principal business purposes,
any one or more of the following:
Books, computer diskettes, tapes or hard drives, magazines,
periodicals or other printed matter or photographs, films, motion
pictures, video matter or photographs, cassettes or video reproductions,
slides or other visual representation[s] which depict or describe
“sexually explicit activities” or “specified anatomical
areas”; or
Instruments, devices or paraphernalia which are designed for
use in connection with “sexually explicit activities”;
or
Items, materials, gimmicks, or paraphernalia depicting, displaying,
advertising or packaged as “sexually explicit activities”
or [that] depict or describe “specified anatomical areas.”
For purposes of this chapter [this definition], “principal
business purpose” means:
The devotion of a significant or substantial portion of its
stock-in-trade or interior floor space, meaning at least 30% of the
floor area; or
The receipt of 50% of more of its revenues from the sale of
the items listed above; or
The devotion of a significant or substantial portion of its
advertising expenditures to the promotion of the sale, rental or viewing
of books, magazines, periodicals or other printed matter, or photographs,
film, motion pictures, video cassettes, compact discs, slides or other
visual representations, items, materials, gimmicks, or paraphernalia
which are characterized by the depiction, description, display, advertising
or packaging of “sexually explicit activities” or “specified
anatomical areas.”
An establishment may have other principal business purposes
that do not involve the offering for sale, rental or viewing of materials
depicting or describing “sexually explicit activities”
or “specified anatomical areas,” and still be characterized
as an adult book store, adult novelty or retail store or adult video
store. Such other business purposes will not serve to exempt such
establishment from being categorized as an adult bookstore, adult
novelty store or adult video store, so long as the establishment falls
within the definition of an adult bookstore, adult novelty store or
adult video store as set forth above.
Adult cabaret.
(1)
(2)
(3)
A nightclub, bar, restaurant or similar commercial establishment,
whether or not alcohol is served, which regularly features:
Persons who appear in a state of restricted nudity; or
Live performance[s] which are characterized by the partial exposure
of “specified anatomical areas”; or
Films, motion pictures, video cassettes, compact discs, slides
or other photographic reproductions which are characterized by the
depiction or description of “sexually explicit activities”
or “specified anatomical areas.”
Adult massage parlor.
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other manipulation of the human body which
occurs as part of or in connection with specified sexual activities,
or where any person providing such treatment, manipulation, or service
related thereto, exposes his or her specified anatomical areas. The
definition of sexually oriented business shall not include the practice
of massage in any licensed hospital, nor by a licensed chiropractor
or osteopath, nor by any nurse or technician working under the supervision
of a licensed physician, surgeon, chiropractor or osteopath, nor by
trainers for any amateur, semi-professional or professional athlete
or athletic team or school athletic program nor a therapeutic massage
practitioner. An adult massage parlor is considered a sexually oriented
business for purposes of these regulations.
Adult motel.
(1)
(2)
(3)
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmission,
films, motion pictures, video cassettes, compact discs, slides or
other photographic reproductions which are regularly characterized
by the depiction or description of “sexually explicit activities”
or “specified anatomical areas”; and which advertises
the availability of this adult type of material by means of a sign,
visible from the public right-of-way, or by means of any off-premises
advertising, including, but not limited to, newspapers, magazines,
pamphlets or leaflets, radio, internet or television; or
Permits patrons to be filmed or photographed performing “sexually
explicit activities” or displaying “specified anatomical
areas” for electric transmission over the world wide web; or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or allows a tenant or occupant of a sleeping room
to sub-rent the room for a period of time that is less than 10 hours.
Adult motion picture theater.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, compact discs, slides or
similar photographic reproductions are regularly shown which are characterized
by the depiction or description of “sexually explicit activities”
or “specified anatomical areas.”
Adult theater.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of “specified anatomical areas” or by the performance
of “sexually explicit activities.” This [sic; see (h)
following]
definition does not include a theater which features occasional
live nude performances with serious literary, artistic or political
value and which has no adverse secondary effects.
Escort.
A person who, for consideration in any form, agrees or offers
to act as a companion, guide or date for another person, or who agrees
or offers to privately perform as an entertainer, including, but not
limited to, the modeling of lingerie, the removal of clothing and
the performance of a dance or skit. Under this definition, “privately”
shall mean a performance for an individual or that individual’s
guests.
Escort agency.
A person or business association that furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip or other consideration.
Nudist colony.
A resort, camp, park or other facility where clothing is
optional, and people can visit the facility in a state of nudity.
Nude model studio.
Any place where a person appears in a state of nudity or
displays “specific anatomical areas” and is provided money
or any form of consideration to be observed, sketched, drawn, painted,
sculpted, photographed or similarly depicted by other persons. This
includes modeling studios that provide for nude modeling on an occasional
basis, but it does not include a modeling studio whose primary function
is to provide art classes as part of a college, university or educational
institution and which is certified by the state of Texas.
Nudity.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
Peep booth.
An adult motion picture theater with a viewing room or cubical
of less than 150 square feet of floor space.
Principal owner.
Any person owning, directly or beneficially: 10% or more
of a corporation’s equity securities; 10% or more of the membership
interests in a limited liability company; or in the case of any other
legal entity, 10% or more of the ownership interests in the entity.
Private room.
A room in a hotel/motel that is not a peep booth, has a bed
and a bath in the room or adjacent room, and is used primarily for
lodging.
Semi-nude.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
Sexually explicit activities.
Any of the following: the fondling or other erotic touching
of human genitals, pubic region, buttocks, anus or female breasts;
or sex acts, normal or perverted, actual or simulated, including,
but not limited to, intercourse, oral copulation or sodomy; or masturbation,
actual or simulated; or any activity intended to arouse, appeal to
or gratify a person’s lust, passions or sexual desires; or the
display of human genitals in a state of sexual stimulation, arousal
or tumescence; or the display of excretory function[s] as part of
or in connection with any of the activity set forth above.
Specified anatomical areas.
Any of the following: less than completely and opaquely covered
human genitals, pubic region or pubic hair, buttock, or female breast
or breasts of any portion thereof that is situated below a point immediately
above the top of the areola, or any combination of the foregoing;
or human genitals in a state of sexual arousal, even if opaquely and
completely covered.
Any activity that would destroy, harm, impair, diminish or
degrade the value, utility or function of a natural resource.
An advertising sign, billboard, or poster panel which directs
attention to a business, commodity, service, or entertainment not
exclusively related to the premises where the sign is located or to
which it is affixed. However, this does not include those advertising
signs, billboards, or poster panels which direct attention to the
business on the premises or to a brand name of a product or commodity
with which the business is specifically identified and which is sold
on the premises.
A structure utilized for the keeping of livestock, storage,
or raising of agricultural products or storage of agricultural equipment.
The use of land for the production of animal or plant life,
including forestry, pasturing or yarding livestock, and planting,
growing, cultivating, and harvesting crops for human or livestock
consumption.
The use of land for agricultural purposes with the intent
of selling any products produced by this type of activity. Agricultural
uses include farming, dairying, pasturage, apiculture, horticulture,
floriculture, viticulture, and animal and poultry husbandry, and the
necessary accessory uses for packing, treating, or storing the products.
The operation of any accessory uses shall be secondary to that of
the normal agricultural activities. The agricultural use does not
include the operation or maintenance of a commercial stockyard or
feedlot (confined feeding operation).
Alcohol, or any beverage containing more than one-half of
one percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted.
Any establishment that derives seventy-five (75) percent
or more of its gross revenue on a quarterly basis from the sale or
service of alcoholic beverages, as defined in the Texas Alcoholic
Beverage Code, as amended, for on-premise consumption.
Any establishment, place of business, or person principally
engaged in the selling of alcoholic beverages, as defined in the Texas
Alcoholic Beverage Code, as amended to the general public for off-premise
personal or household consumption and rendering services or selling
other products that are incidental to the alcoholic beverage sales,
including but not limited to package stores.
Any change, addition, or modification in construction, or
any change in the structural members of a building, such as load-bearing
walls, columns, beams, or girders.
An approved system of straps, cables, turnbuckles, chains,
ties, or other approved materials used to secure a manufactured or
mobile home.
Domesticated Animal/Pet.
Any animal that is commonly considered capable of being trained
or is capable of adapting to living in a human environment and being
of use to human beings, and which is not likely to bite without provocation,
nor cause death, maiming or illness to human beings, including: dogs,
cats (domesticated), birds (caged), fish, turtles, rodents (bred,
such as a gerbils, rabbits, hamsters or guinea pigs) and lizards (non-poisonous).
Wild, vicious, or exotic animals shall not be considered domesticated.
Exotic or Vicious Animal.
Any animal of a species not indigenous to the State of Texas
and not a domesticated animal, including any hybrid animal that is
part exotic animal; or any animal which, irrespective of geographic
origin, is of wild or predatory character, or which because of size,
aggressive or vicious characteristics would constitute an unreasonable
danger to human life or property if not kept, maintained or confined
in a safe and secure manner, including any hybrid animal that is part
exotic animal; or any animal that attacks, bites, or injures human
beings or other domesticated animals without adequate provocation,
or which because of temperament, conditioning, or training, has a
known propensity to attack, bite, or injure human beings or domesticated
animals.
Livestock.
Any of various bird or animal breeds, long ago domesticated
by man so as to live and breed in a tame, docile, tractable condition
useful to man, including animals such as: horses, ponies, mules, donkeys,
cattle, sheep, goats, buffaloes, llama[s], swine, chickens, ducks,
geese and turkeys.
Model national standards (including all authorized successor
documents) for installation of manufactured and mobile homes, as adopted
and copyrighted by the National Fire Protection Association and the
Manufactured Housing Institute.
See “dwelling, apartment.”
The owner, or his or her representative, of land which is
proposed to be developed, subdivided, or rezoned or for which a variance
is sought, or their designated representative.
A commercial recreation business, usually conducted indoors,
which provides mechanical and/or electronic games for entertainment.
A commercial building, or portion thereof, containing facilities
for washing vehicles or other items using production line methods,
or other mechanical devices including the use of steam cleaning or
high-pressure equipment.
Major.
Engine rebuilding, or major reconditioning, collision service,
body, frame, or fender straightening, or repair and overall painting
of vehicles, or trailers.
Minor.
Incidental repairs, replacement of parts, and motor service
to motor vehicles, such as oil changes, and lubrication, tune-ups,
wheel alignment, replacement of mufflers, exhaust systems, brakes,
shock absorbers, batteries, pumps, belts, hoses, air filters, and
windshield wipers, radiator cleaning, and flushing; auto detailing,
sale/installation of automobile accessories such as tires, radios,
and air conditioners, but not including any operation included above
under automobile repair, major.
A building, or portion thereof, or premises used for dispensing
or offering for sale, at retail, gasoline when stored only in underground
tanks, kerosene, lubrication oil, or grease, for operation of automobiles,
and where tires, batteries, and similar automobile accessories may
be offered for sale on the premises at retail. Minor vehicle repair
services and installation customarily incidental thereto may also
be performed if enclosed in a building. However, automobile service
stations do not include open sales lots, as defined herein, or vehicle
wash establishments.
A roof-like structure which projects from the wall of a building.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A story partly or wholly underground but having more than
one-half of its clear height below finished grade. If more than one-half
its clear height is above grade, it shall be considered a story for
the purposes of height measurement.
 |
A residential building, or portion thereof, (other than a
hotel, apartment hotel, or motel) containing lodging rooms for accommodation
of persons who are not members of the keeper’s family and where
lodging and/or meals are provided by pre-arrangement, for definite
periods of time and for compensation.
A tract of land bounded by streets, public or institutionally
owned lands, railroad rights-of-way, rivers and lakes, and other lines
of demarcation.
A building or structure designed, arranged, used, or intended
to be used for housing saddle horses or ponies where horse owners
pay a fee to keep their horses.
Any form of security, including a cash deposit, surety bond,
collateral, property, or instrument of credit, in an amount and form
satisfactory to the Planning and Zoning Commission. All bonds shall
be approved by the Planning and Zoning Commission whenever a bond
is required by these regulations.
An establishment required to hold a distiller’s and
rectifier’s permit under Chapter 14 [Chapter 74] of the Texas
Alcoholic Beverage Code, as amended.
A landscaped or naturally vegetated area established or managed
to provide separation between adjacent land uses.
An area of required space adjacent to the boundary of a natural
feature or property, not less in width than is designated in this
article [this ordinance], which consists of native vegetation appropriate
to the feature to which it is adjacent.
A structure built for the support, enclosure, shelter, or
protection of persons, animals, or chattels, or affixed to the land.
Building, detached.
A building, surrounded by open space on the same lot with,
but no structural attachment to, another structure.
Building, principal.
The main or dominant building in which is conducted the principal
use of the lot on which the building is located.
Building, residential.
(1)
(2)
(3)
(4)
(5)
A building which is arranged, designed, used, or intended
to be used for residential occupancy by one or more families or lodgers
and which includes, but is not limited to, the following types:
Single-family detached dwellings;
Two-family dwellings;
Single-family or two-family attached and semi-detached dwellings
developed initially under single ownership or unified control
Multiple-family dwellings; and
Mixed-use buildings with residential uses on upper floors above
nonresidential uses.
Building, semi-detached.
A building having one party wall in common with an adjacent
building.
Building, temporary.
Any building not designed to be permanently located at the
place where it is, or where it is intended to be temporarily placed
or affixed.
The vertical distance from the average grade around the building
foundation to the highest point of the roof surface for a flat roof,
to the deck line of a mansard roof, and the midpoint between the peak
and eave of a pitched roof. Chimneys, spires, elevator penthouses,
tanks, and similar projections that do not include usable floor space
shall not be included in calculating the height. This definition and
method of measuring building height shall apply to all structures
including principal buildings and accessory structures.
 |
A horizontal line generally parallel to a front, rear, or
side lot line which is located at the point of the foundation of a
principal building nearest to the front, rear, or side lot line.
An official document or certification issued by the building
official authorizing performance of a specified activity that complies
with all provisions of this title and the building code.
The term used to indicate the size and setback of buildings
or structures, and their location with respect to one another, and
includes the size and height of buildings, the location of exterior
walls, the floor area ratio, the open space allocated to buildings,
and the lot area and lot width.
An occupation, employment, or enterprise which occupies time,
attention, labor, and materials, or wherein merchandise is exhibited
or sold, or where services are offered.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The maximum number of persons that can avail themselves of
the services or goods of an establishment or use at any one time,
with reasonable comfort and safety.
An open-sided roofed automobile shelter formed by the extension
of a roof from the side of a building.
Land or structure used or intended to be used for the lawful
disposition of the remains of a deceased individual in the earth,
a mausoleum, a garden crypt, a columbarium, or scattering garden area,
including crematories, mausoleums, and mortuaries if operated in connection
with and within the boundaries of a cemetery.
A document issued by the proper authority stating that the
plans for a proposed use meet all applicable codes and regulations.
A certificate stating that the occupancy and use of land
or a building or structure referred to therein complies with the provisions
of this title, and any other ordinance adopted by the county or city
relating to a building code.
The term “Chief of Police” shall mean the Chief
of Police of the City of Bells, or the Chief of Police’s designee
for purposes of this ordinance.
A building used for public worship where regular organized
services are held.
The term “City Administrator” shall mean the
City Administrator of the City of Bells, of [or] the City Administrator’s
designee for purposes of this ordinance.
Any property, real or personal, which the City owns in fee
simple or holds title to or has a right of access to including all
property which has been donated or leased or purchased by the City
that is used for park purposes.
The term “City Planner” shall mean the City Planner
of the City of Bells, or the City Planner’s designee for the
purposes of this ordinance.
A private association of persons who are bona fide members
paying annual dues, which owns, hires, or leases a building, or portion
thereof, the use of the premises being restricted to members and their
guests. The affairs and management of a private club or lodge are
conducted by a board of directors, executive committee, or similar
body chosen by the members.
The use of a wireless telecommunications facility by more
than one wireless communications provider.
Restrictions and guidelines placed upon a property’s
use or development and recorded in the office of the county recorder
to take effect upon adoption of an amendment to the zoning map or
upon granting approval for a special exception, contingent use, or
variance from the terms of this ordinance.
The ownership of real property by family members, shareholders,
business partners, corporations, or any other legal entity with the
intent to develop under a common scheme or plan.
See: “Flood-Related Definitions.”
See “County land development plan.”
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, such as yards, foundation, basements, floors, walls, hallways,
stairways, elevators, and all other related common elements, together
with individual ownership in fee of a particular unit or portion of
the building.
Any building or structure which complies with all the regulations
of this title or of any amendment hereto governing the zoning district
in which the building or structure is located.
The planned management of a natural resource to prevent its
exploitation, destruction or neglect.
A legal agreement in which the landowner retains ownership
of private property but conveys certain specifically identified rights
to a land conservation organization or a public body.
Any act or process that is carried out under a current and
valid building permit consisting of on-site erection, fabrication,
installation, alteration, demolition, or removal of any structure,
facilities or addition thereto, including related activities. Construction
implies a diligent continuance of action toward completion, and any
construction that has ceased due to expiration of a permit shall be
considered inactive.
The act of introducing an alcoholic beverage into the body.
Any person, firm, or corporation engaged in the business
of general contractor, roofing, insulation, electrical, plumbing,
sewage, well installation, heating, ventilation, air conditioning,
or other ancillary contracting, excepting those individuals doing
work on their own residence.
A site on which a building or construction contractor stores
equipment, tools, vehicles, building materials, and other appurtenances
used in or associated with building or construction. A contractor’s
yard may include outdoor or indoor storage, or a combination of both.
A small retail store that is designed and stocked to sell
primarily food, beverages and other household supplies to customers
who purchase relatively few items. It may be designed to attract,
and depend upon, a large volume of transient traffic. The store may
or may not also sell gasoline and other automotive supplies.
See “Lot, corner.”
An open unoccupied space bounded on two or more sides by
the exterior walls of a building or by exterior walls and lot lines.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A child-care use licensed to care for more than 12 children
from a provider:
While unattended by a parent, legal guardian, or custodian;
A residential structure in which at least six (6) and not
more than 12 children plus three (3) children during the school year
only who are enrolled in at least grade one (1) at any time receive
child care from a provider:
While unattended by a parent, legal guardian, or custodian;
For regular compensation; and
For more than four (4) hours but less than twenty-four (24)
hours in each of ten (10) consecutive days per year, excluding intervening
Saturdays, Sundays, and holidays.[,] licensed for 12 or fewer children.
A child for whom a provider of care in the child-care home is a parent, stepparent, guardian, custodian, or other relative and who is at least seven (7) years of age; or who is at least fourteen (14) years of age and does not require child care; shall not be counted in determining whether the child-care home is within the limit set forth in subsection (a) [the first paragraph of this definition].
A unit of measurement of the intensity (loudness) of sound.
Sound level meters, which are employed to measure the intensity of
sound, are calibrated in decibels.
Any person engaged in developing or improving a lot or group
of lots or structures thereon for use or occupancy.
Any improvement or change to property brought about by human
activity (man-made), including, but not limited to:
Construction, reconstruction, or placement of a building or
any addition to a building valued at more than $1,000;
Installing a manufactured home on a site, preparing a site for
a manufactured home, or installing a recreational vehicle on a site
for more than 180 days;
Installing utilities, erection of walls and fences, construction
of roads, or similar projects;
Construction of flood control structures such as levees, dikes,
dams, channel improvements, and the like;
Mining, dredging, filling, grading, excavation, or drilling
operations;
Construction and/or reconstruction of bridges or culverts;
Storage of materials; and
Any other activity that might change the direction, height,
or velocity of floodwaters or surface waters.
Development does not include activities such as the maintenance
of existing buildings and facilities such as painting, re-roofing,
resurfacing roads, or gardening, plowing, and similar agricultural
practices that do not involve filling, grading, excavation, or the
construction of permanent buildings.
The diameter of the trunk of a tree (including the bark)
measured in inches at point four and one-half (4.5) feet above the
ground level. This point of measurement is used for established and
mature trees.
An establishment required to hold a distiller’s and
rectifier’s permit under Chapter 14 of the Texas Alcoholic Beverage
Code, as amended.
A geographical area within which certain uniform regulations
and requirements or various combinations thereof apply under the provisions
of this title.
See: “Animal.”
An establishment which offers merchandise, service, or entertainment
to persons in parked motor vehicles. A drive-in restaurant is distinct
from a drive-through restaurant in that the majority of drive-in patrons
consume food and beverages while in the vehicle and parked on the
premises.
An establishment where persons in motor vehicles wait in
line to obtain merchandise from a service window.
An approach and private vehicle travel way providing access
from a street to private property.
A gravel or other hard surface approach and private vehicle
travel way providing access from a street to private property that
is not dirt, grass or hard packed earth.
A permanent building, or portion thereof, designed or used
exclusively for residential occupancy, including single-family dwellings,
two-family dwellings, and multiple-family dwellings, but not including
hotels or lodging houses.
Apartment dwelling.
An apartment is an attached dwelling unit with party or common
walls, contained in a building with other dwelling units or sharing
the occupancy of a building with other than a residential use. Apartments
are commonly accessed by a common stair landing or walkway. Apartments
are typically rented by the occupants but may be condominiums. Apartment
buildings often may have a central heating system and other central
utility connections. Apartments typically do not have their own yard
space.
Multiple-family.
A building, or portion thereof, used or designed as residences
for three (3) or more families living independently of each other
and each doing their own cooking in the building, with the number
of families in residence not exceeding the number of dwelling units
provided. This definition includes three-family houses, four-family
houses, and apartment houses.
Single-family.
A detached building or manufactured home designed exclusively
for the complete living accommodations of one (1) family and containing
one (1) dwelling unit only.
Single-family, attached/townhouse.
A self-contained single dwelling unit attached to a similar
single dwelling unit with party or common walls, designed as part
of a series of three (3) or more dwelling units, each with: a separate
entryway with direct access to the outdoors at ground level, a separate
garage, separate utility connections and defined front, and rear yards.
Single-family attached townhouses may also be known as row houses,
clustered single-family dwellings or stack ranches. Any three (3)
or more attached dwellings not meeting the above criteria shall be
considered a multiple-family dwelling.
Two-family.
A detached building designed for or occupied exclusively
by two (2) families living independently of each other. May also be
termed as a duplex.
A single unit providing complete, independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking, and sanitation.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An authorization or grant by a property owner for right of
access or passage for limited use of private land by another person
or for a defined public or quasi-public purpose.
A system made up of a community of organisms and its interrelated
physical and chemical environment.
Officials for city, duly appointed and designated as the
enforcement official responsible for administering the terms of this
ordinance and supporting the functions of the Planning and Zoning
Commission.
The detachment and movement of soil, sediment, or rock fragments
by water, wind, ice, or gravity.
A practice or a combination of practices to control erosion
and resulting sedimentation.
A written description of pertinent information concerning
erosion control measures designed to meet the requirements of this
title as submitted with a site plan or subdivision application.
The erection, construction, alteration, or maintenance of
public utilities of underground, surface or overhead distribution
of gas, electrical, cable TV, fuel, steam, or water transmission or
distribution systems, collection, communication, supply or disposal
systems, including mains, drains, sewers, pipes, conduits, wires,
cables, transformers, splice boxes, police call boxes, fire alarm
boxes, traffic signals, hydrants, towers, poles, and other similar
equipment, and accessories in connection therewith but not including
buildings or storage yards.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
One person or two or more persons each related to the other
by blood, marriage, or legal adoption, or a group of not more than
four (4) persons not all so related, together with his or their domestic
servants, maintaining a common household in a dwelling unit. In addition,
a family may include not more than two (2) roomers, boarders, or permanent
guests, whether or not gratuitous.
A barrier of wood, masonry, stone, wire, chain-link, barbed
wire, metal or any other manufactured material or combination of materials,
used to prevent, or control entrance, confine within, mark a boundary
or screen.
Any solid material, when placed in a wetland or lake, that
displaces water or reduces water holding capacity.
The term “Fire Marshal” shall mean the Fire Marshal
of Grayson County, or the Fire Marshal’s designee for purposes
of this ordinance.
Compensatory Mitigation.
Replacement of floodplain acreage, functions and values to
compensate for floodplain areas that were subjected to human disturbance.
Critical facilities.
Facilities that if impacted by flood, can have a community-wide
impact on public health, safety and welfare, including schools, nursing
homes, hospitals, police, fire, and emergency response installations,
[and] installations which produce, use or store hazardous materials
or hazardous waste.
FEMA.
Federal Emergency Management Agency.
FHBM.
Flood Hazard Boundary Map. A FHBM is defined by FEMA as a
map based on approximate data that identifies, in general, the SFHAs
within a community. A FHBM is used in the NFIP’s Emergency Program
for floodplain management and insurance purposes.
Floodplain.
The channel proper and the areas adjoining any wetland, lake
or watercourse that have been or hereafter may be covered by the regulatory
flood. The floodplain includes both the floodway and the floodway
fringe districts. Floodplains are generally relatively flat lowlands
next to a watercourse. For the purposes of this document, all SFHAs
are considered floodplains, defined by the 100-year flood as delineated
on FEMA Flood Insurance Rate Maps.
Floodway.
The channel of a river, stream or other watercourse and the
land areas of the floodplain adjoining the channel that are reasonably
required to efficiently carry and discharge the floodwater or flood
flow of a river or stream and must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
Floodway Fringe.
The portions of the floodplain lying outside of the floodway.
Flood Protection Grade (FPG).
The elevation of the regulatory flood plus two (2) feet at
any given location in the Special Flood Hazard Area or 100-year floodplain.
Letter of Map Amendment (LOMA).
An amendment to the currently effective FEMA map that establishes
that a property is not located in a Special Flood Hazard Area (SFHA).
A LOMA is only issued by FEMA. See: “Flood-Related Definitions.”
Letter of Map Revision (LOMR).
An official revision to the currently effective FEMA map.
It is issued by FEMA and changes flood zones, delineations and elevations.
National Flood Insurance Program (NFIP).
A program managed by FEMA, to identify and map flood hazard
areas, assist with community floodplain management programs, and to
provide flood insurance to participating communities that are located
within a SFHA.
Regulatory Flood.
Flood having a one percent probability of being equaled or
exceeded in any given year, as calculated by a method and procedure
that is acceptable to and approved by FEMA.
Special Flood Hazard Area (SFHA).
The land area covered by the floodwaters of the regulatory
flood on NFIP maps. The SFHA is the area where the NFIP’s floodplain
management regulations must be enforced and the area where the mandatory
purchase of flood insurance applies. The SFHA includes Zones A, AO
and AH. The SFHAs are generally identified as such on the Flood Insurance
Rate Map of the City of Bells prepared by the FEMA.
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Gross floor area (GFA).
(a)
(b)
The area within the perimeter of the outside walls of the
building under consideration, without deduction for hallways, stairs,
closets/storage rooms, thickness of walls, columns, or other features.
Residential floor area.
For the purposes of computing the minimum allowable floor
area in a residential dwelling unit, the sum of the horizontal areas
of each story of the building shall be measured from the exterior
faces of the exterior wall. The floor area measurement is exclusive
of areas of basements, unfinished attics, attached garages, breezeways,
and enclosed or unenclosed porches.
Usable floor area (UFA).
That area used for or intended to be used for the sale of
merchandise or services, or for use to serve patrons, clients or customers.
Such floor area which is used or intended to be used principally for
the storage of merchandise, or areas such as hallways, stairways,
elevator shafts, utilities space or sanitary facilities, shall be
excluded from this computation of UFA. Measurement of UFA shall be
the sum of the horizontal areas of the several floors of the building,
measured from the exterior faces of the exterior walls. When a detailed
floor plan is not available, a factor of 80% shall be used to estimate
the usable floor area for purposes of calculating parking requirements
and other standards based on usable floor area.
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An area designed to accommodate two (2) or more mobile food
units and offering food and/or beverages for sale to the public as
the primary use of the property. Food truck parks must provide a paved
surface for truck parking and access to refuse collection containers,
and must provide restroom facilities.
A unit of illumination, equivalent to the illumination at
all points which are one foot distant from a uniform point source
of one candlepower.
As defined by the state department of social service, homes
which provide congregate living arrangements for non-family members.
A type of wainscoting constructed of fire and weather resistant
material, such as aluminum, asbestos board, treated pressed wood,
or other approved materials enclosing the entire undercarriage of
a manufactured or mobile home.
A building or area in which freight brought by motor truck
or railroad freight cars is assembled or stored for routing in intrastate
or interstate shipment by motor trucks or railroad freight cars.
Signifies the number of oscillations per second in a sound
wave and is an index of the pitch of the resulting sound.
All of the property of the lot fronting on a street, road,
or highway as measured between the side lot lines and as measured
along the front lot line unless a public right-of-way easement exists,
then along the easement line of the parcel or lot.
A business that provides burial and funeral services for
the deceased and their families. These services may include a prepared
wake and funeral, the provision of a chapel for the funeral and a
crematory.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An accessory building or an accessory portion of the principal
building, including a carport, which is intended for or used for storing
the private passenger vehicles of the family or families residing
upon the premises. No business, service, or industry connected directly
or indirectly with the motor vehicles is carried on.
The arithmetic average of the lowest and highest pre-construction
grade elevations within the boundaries of the foundation line of a
building or structure.
For construction on a vacant lot, the pre-construction grade
shall be the undisturbed average grade of the proposed building site,
before it is altered by land clearing, beaming [berming] or preparation
for construction.
For additions to existing buildings, the pre-construction grade
shall be the average grade within the boundaries of the foundation
line of the building and the undisturbed land area proposed to be
covered by an addition.
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The area of a building in square feet, as measured in a horizontal
plane at the ground floor level within the largest outside dimensions,
exclusive of open porches, breezeways, terraces, garages, and exterior
stairways.
A residential facility licensed by the State of Texas that
provides residential services for not more than four (4) unrelated
individuals and such staff, as are sufficient to manage the home,
but not including a halfway house.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A facility used to house persons who have been recently released
from prison for the purpose of reintegration with society, while still
providing monitoring and support.
Any gainful occupation or profession conducted within a dwelling
unit by a member of the family residing in the dwelling unit which
is incidental and secondary to the use of the dwelling unit for residential
purposes.
A supervised public or privately operated shelter or other
facility that is designed to provide temporary living accommodations
to individuals who lack a fixed regular and adequate residence.
An institution where sick or injured persons are given medical
care and, in the course of same, are housed overnight, fed and provided
nursing and related services. This definition shall include any related,
accessory facilities such as laboratories, outpatient departments,
training facilities, central service facilities and staff offices
which are integral parts of the facility.
A building or structure under a single management that provides
rental rooms or suites intended primarily as sleeping accommodations
for public rental on a daily basis for registered guests. A hotel
or motel shall maintain a central, internal lobby. A hotel or motel
shall provide daily room cleaning and linen changes for its guests,
and may include supportive areas such as meeting rooms, incidental
retail sales and commercial services, central kitchen facilities,
dining rooms, restaurants, lounges, office areas, swimming pools,
recreational facilities, spas, and fitness/exercise areas and other
similar services and amenities intended principally as services for
registered guests.
A structure meeting the definition of a hotel (motel), and
in addition allows for individually owned units with full kitchen
facilities.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A fee imposed on a development to help finance the cost of
improvements or services.
Any man-made material which covers the surface of land and
substantially reduces the infiltration of stormwater to a rate of
five percent (5%) or less. Impervious surfaces include but are not
limited to pavement, buildings, and structures.
The term “Improved Surface” shall mean concrete,
asphalt or other City-approved surface for purposes of this ordinance.
A permit stating that the proposed erection, construction,
enlargement, or moving of a building or structure referred to therein
complies with the provisions of this ordinance.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device.
An establishment which provides indoor exercise facilities
and/or indoor court and field sports facilities, and which may include
spectator seating in conjunction with the sports facilities such as
skating rinks, swimming pools, indoor golf facilities, pool or billiard
halls and bowling alleys. Auditoriums and stadiums are not included.
Any facility used for the storage, transportation, reclamation,
or disposal of any waste classified as hazardous or toxic by the United
States Environmental Protection Agency.
Manufacturing, processing, assembling, storing, testing,
and similar industrial uses which are generally major operations and
extensive in character; which require large sites, open storage and
service areas, extensive services and facilities, and ready access
to regional transportation; and which normally generate some nuisances
such as smoke, noise, vibration, dust, glare, air pollution, and water
pollution, but not beyond the district boundary. Waste is limited
to wastes other than those classified as hazardous or toxic by the
United States Environmental Protection Agency.
Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet, and free of objectionable
or hazardous elements such as smoke, noise, odor, or dust; operating
and storing within enclosed structures; and generating little industrial
traffic and no nuisances. Waste disposal is limited to wastes other
than those classified as hazardous or toxic by the United States Environmental
Protection Agency.
The interested parties shall include, but are not limited
to, the appellant and the county or city’s official or body
whose order, decision, or determination is being appealed, the applicant
for the relief being sought, and adjacent property owners. This also
includes any individual who addresses the Planning and Zoning Commission
and City Council favoring or opposed to a matter.
Predominantly non-native, non-indigenous, alien tree, shrub,
vine, or herbaceous species that grow or reproduce aggressively, usually
because they have no natural predators, and which can so dominate
an ecosystem that they kill off or drive out many indigenous plant
species. Invasive trees, shrubs, vines, or herbaceous species.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
For the purpose of this ordinance, the term “junk”
shall mean any motor vehicles, machinery, appliances, product, or
merchandise with parts missing or scrap metals or other scrap materials
that are damaged, deteriorated, or are in a condition which cannot
be used for the purpose for which the product was manufactured.
See “Salvage yard.”
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any premises, or portion thereof, on which more than four
dogs, cats, or other household domestic animals over four months of
age are kept, or on which more than two of these animals are maintained,
boarded, bred, or cared for, in return for remuneration, or are kept
for the purpose of sale.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A facility devoted to experimental study, testing, or analysis.
Manufacturing, assembly, or packaging of products shall not be conducted
within this facility.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling, transporting, and grading.
In the context of this title, it includes only non-agricultural land
disturbing activities on sites which also require a local improvement
location permit or an approved subdivision plat.
See: “Flood-Related Definitions.”
See: “Flood-Related Definitions.”
See: “Animal.”
An open, hard-surfaced area of land other than a street or
public way, which is principally used for the standing, loading, and
unloading of motor trucks, tractors, and trailers to avoid undue interference
with the public use of streets and alleys.
A facility for the cold storage and preservation of food
in separate and individual compartments that are offered to the public
for cold storage of privately owned food, including meat processing.
Any person, not the principal tenant or a family member of
the principal tenant, who resides in a living unit and who pays remuneration
to the principal tenant, as distinguished from a guest who does not
pay remuneration to the principal tenant.
A room rented as sleeping and living quarters, but without
cooking facilities and with or without an individual bathroom. In
a suite of rooms without cooking facilities, each room which provides
sleeping accommodations shall be counted as one lodging room for the
purpose of this title.
Lot.
A legally described parcel of land occupied, or intended
to be occupied, by a building or a group of buildings, or utilized
for the principal and accessory uses, together with such yards and
open spaces as are required under the provisions of this ordinance.
For purposes of meeting the dimensional standards of this ordinance,
a lot does not include public rights-of-way or private road easements
but does include access easements for a service drive. A lot may consist
of:
Lot, corner.
A lot situated at the intersection of two streets, the interior
angle of that intersection not exceeding 135 degrees. (The narrowest
part of a lot having frontage on a street is the front of the lot.)
Lot, double frontage or through.
A lot, other than a corner lot, which fronts on two more
or less parallel streets.
Lot, interior.
A lot other than a corner lot or a through lot.
Lot, reverse corner.
A corner lot where the side lot line adjoining a street is
substantially a continuation of the front line of an adjacent interior
lot.
Lot, zoning.
A single tract of land located within a single block, which
(at the time of filing for a building permit) is designated by its
owner or developer as a tract to be used, developed, or built upon
as a unit, under single ownership or unified control. A zoning lot
may or may not coincide with a lot of record.
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The area of a horizontal plane bounded by the front, side
and rear lot lines, but not including any area occupied by a public
road right-of-way or the waters of a lake, [or] river.
The percentage of the lot area that is occupied by buildings
or structures, including accessory buildings or structures.
Building lot coverage.
The percent of the lot area that is covered by buildings.
Impermeable surface coverage.
The percent of the lot area that is covered by buildings
plus other impermeable surfaces, such as pavement, decks and pools.
The average distance between the front lot line and the rear
lot line of a lot.
See “Frontage.”
Front lot line.
The boundary of a lot which is along an existing or dedicated
public street or, where no public street exists, is along a public
way. On a corner lot the lot line having the shortest length abutting
a street line shall be the front lot line, unless otherwise determined
by the Planning and Zoning Commission.
Rear lot line.
The boundary of a lot which is most distant from, and is,
or is most nearly, parallel to the front lot line.
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the county recorder, or a parcel of
land, described by metes and bounds, the deed to which was recorded
in the office of the recorder prior to the adoption of this title.
The horizontal distance between the side lot lines, measured
at the two (2) points where the minimum required front setback line
intersects the side lot lines.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A dwelling unit designed and built in a factory, which bears
a seal certifying that it was built in compliance with the federal
Manufactured Housing Construction and Safety Standards Law and certified
by the state. Also, a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term MANUFACTURED HOME does not include a recreational vehicle.
Any parcel or tract of land licensed under the control of
any persons, upon which three or more occupied manufactured homes
are harbored on a continual or non-recreational basis, or which is
offered to the public for that purpose, regardless of whether a charge
is made therefor, together with any building, structure, enclosure,
street, equipment, or facility used or intended for use incident to
the harboring or occupancy of manufactured homes.
A parcel of land platted for subdivision according to all
requirements of the subdivision and zoning ordinances, designed or
intended for lots to be conveyed by deed to individual owners for
residential occupancy primarily by manufactured homes.
Sufficient anchorage to resist flotation, collapse, or lateral
movement of any mobile home. At a minimum, this anchorage shall consist
of:
Over-the-top ties to be provided at each of the four corners
of the manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring
only one additional tie per side;
Frame ties to be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured
homes less than 50 feet long requiring four additional ties per side;
All components of the anchoring system to be capable of carrying
a force of 4,800 pounds; and
Additions to the manufactured home to be similarly anchored.
Title VI of the 1974 Housing and Community Development Act
(42 USC 5401 et seq.), as amended (previously known as the Federal
Mobile Home Construction and Safety Act), rules and regulations adopted
thereunder (including information supplied by the home manufacturer,
which has been stamped and approved by a Design Approval Primary Inspection
Agency, an agent of the U.S. Department of Housing and Urban Development
pursuant to HUD rules), and regulations and interpretations of that
code by the state Administrative Building Council; all of which became
effective for mobile and manufactured home construction on June 15,
1976.
A roof-like structure of a permanent nature which projects
from the wall of a building.
A building, or portion thereof, the principal use of which
is for medical or dental study and/or treatment and in which the services
of at least two professionals in the medical or dental fields of practice
are provided.
Includes mining, quarrying, and removal of earth materials.
A Mobile Food Unit shall be defined herein as a unit designed
to be readily movable and from which food or beverages are prepared
and offered for sale. Mobile food units in the city are further divided
into one of the following categories:
Unrestricted Mobile Food Unit.
An unrestricted mobile food unit is defined as a commercially
manufactured towed trailer or motorized self-contained food service
operation or establishment designed to be readily movable in which
ready-to-eat food is cooked, wrapped, packaged, processed, or portioned
for service, sale, or distribution.
Restricted Mobile Food Unit.
A restricted mobile food unit is defined as a commercially
manufactured towed trailer or motorized self-contained food service
operation or establishment designed to be readily movable in which
only food that is pre-wrapped, bottled, or otherwise packaged in individual
servings is sold.
Limited-Service Mobile Food Unit.
A limited-service mobile food unit is defined as any mobile
food unit that is not a Restricted or Unrestricted Mobile Food Unit.
This type of mobile unit, with limited food handling, sells only packaged
food from ingredients with a low potential for creating a food-borne
hazard. The term includes the following types of mobile food vending
operations:
A detached transportable structure larger than 320 square
feet and designed to be used as a single-family residential dwelling
with all of the following characteristics:
Certified in a factory and fabricated
Designed to be transported after fabrication on its own wheel[s];
and
Arriving at the site where it is to be occupied as a dwelling
complete, including the major appliances, and ready for occupancy,
except for minor and incidental unpacking and assembly operations,
location on foundation supports, connection to the utilities, and
the like.
A housing unit designed, built, and certified in a factory
for use as a principal residence. It is to be constructed complete
with the necessary plumbing, heating, and electrical systems. It is
designed to be transported by means other than its own undercarriage
to a prepared site and becomes suitable for permanent occupancy after
proper installation of foundation supports and connection to utility
service.
A support structure constructed of a single, self-supporting
hollow metal tube securely anchored to a foundation.
See “hotel/motel.”
A passenger vehicle, truck, truck-trailer, or semi-trailer
propelled or drawn by mechanical power.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
See: “Flood-Related Definitions.”
A series of maps produced by the Fish and Wildlife Service
of the U.S. Department of the Interior, in coordination with the maps
produced by the U.S. Geologic Survey, showing the location and classification
of certain identified wetlands in standard topographic areas.
A public easement along a public road right-of-way which
restricts or prohibits direct access from the property to the roadway.
A legally established building or structure, or portion of
a structure, existing at the effective date of this code, or subsequent
amendment thereto, that could not be built under the terms of this
title by reasons of restrictions on lot size, height, yards, location
on the lot, or other requirements concerning the structure.
A legally established use of land, buildings, or structures
which does not comply with all of the regulations of this title or
of any amendment hereto governing use for the zoning district in which
that use is located.
Matter or material which is capable of causing injury to
living organisms by chemical reaction or is capable of causing detrimental
effects upon the physical or economic well-being of individuals.
An offensive, annoying, unpleasant, or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion of any physical characteristics of activity
or use across a property line which can be perceived by or affects
a human being, or the generation of an excessive or concentrated movement
of people or things, such as, but not limited to: noise, dust, smoke,
odor, glare, fumes, flashes, vibration, shock waves, heat, electronic
or atomic radiation, objectionable effluent, noise of congregation
of people and traffic.
Land, buildings, structures, or the combination thereof for
the storage, cultivation, or transplanting of live trees, shrubs,
or plants offered for retail sale on the premises including products
used for gardening and landscaping.
A home for the care of aged, chronically ill, children, infirm,
or incurable persons, or a place of rest for those persons suffering
bodily disorders, in which three or more persons not members of the
family residing on the premises, are received and provided with food,
shelter, and care, but not including hospitals, clinics, or similar
institutions devoted primarily to the diagnosis and treatment of disease
or injury, maternity cases, or mental illness. A nursing home also
includes rehabilitation housing for released mental or alcoholic patients
where medical treatment is not provided and no longer deemed necessary.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A required permit allowing the use of a building or structure
after it has been determined that all the requirements of applicable
ordinances have been met.
Matter or material that yields an odor which is offensive
in any way.
The part of the County land development plan now or hereafter
adopted, which includes a major thoroughfare and highway plan and
sets forth the location, alignment, dimensions, identification, and
classification of existing and proposed streets, highways, and other
thoroughfares.
Restoration or creation of a wetland at a location not adjacent
to, or within 25 feet of, a previous wetland.
The nationally recognized model building code prepared by
the Council of American Building Officials, adopted by the state Administrative
Building Council (ABC) as mandated through P.L. 360, Acts of 1971,
and which includes those supplements and amendments promulgated by
the ABC.
An alcoholic beverage container that is not sealed.
Land used or occupied for the purpose of buying or selling
merchandise stored or displayed out-of-doors. The merchandise includes,
but is not limited to, passenger cars, trucks, motor scooters, motorcycles,
boats, and monuments.
Uppermost elevation on bank or shore influenced by prolonged
contact with surface water, evidence of which is found in distinctive
marks left by surface water. Such marks can include water lines on
trees, erosion scour line, debris deposits, destruction of terrestrial
vegetation, [and] transition point from wetland to terrestrial vegetation.
Outdoor recreation includes one or more of the following
uses: riding clubs, polo fields, horse shows, hunter trials, and other
equestrian sports; conservation clubs; Girl Scout and Boy Scout lodges
or clubhouses; private parks or playgrounds; archery ranges; and other
outdoor recreation uses, and accessory uses, buildings, and structures
such as off-street parking and loading facilities, administration,
maintenance, and clubhouse buildings.
Any individual, firm, association, syndicate, co-partnership,
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this title.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A separate division of land individually described, surveyed,
and of record to show the actual boundaries of the property.
A single tract or plot of land.
An area reserved for the parking of one motor vehicle, unenclosed
or enclosed in a building.
Dust, smoke, or any other form of airborne pollution in the
form of minute separate particles.
A security, in the form of cash deposit, certified check,
irrevocable bank letter of credit, or surety bond, in an amount sufficient
to cover the estimated cost of improvements required as part of an
application for development that is deposited with the municipality
to ensure that said improvements are satisfactorily completed.
Criteria established to control smoke and particulate matter,
noise, odor, toxic or noxious matter, vibration, fire and explosion
hazards, glare or heat, or radiation hazards generated by or inherent
in uses of land or buildings.
Any structural system for transposing loads from a structure
to the earth at a depth below the established frost line without exceeding
the safe bearing capacity of the supporting soil.
A permanent perimeter structural system completely enclosing
the space between the floor joists of the home and the ground.
A vendor selected by and currently reviewing and issuing
permits on behalf of the City. The review of ordinances, building
standards, and compliance will be the responsibility of the Permitting
Vendor.
Includes a corporation, firm, partnership, association, organization,
or any other group which acts as a unit.
Centers operated by philanthropic or nonprofit institutions
that assist individuals with social needs, such as shelters and rehabilitation
centers. These centers may provide temporary housing, meals, counseling,
health services, education, job placement assistance and leisure-time
activities. Adult care facilities, community centers, hospitals, medical
centers, medical/psychiatric offices, shelters for abused women/children
and government health/social services facilities are not regulated
under the requirements of “philanthropic and eleemosynary institutions.”
Churches or other places of worship that provide community outreach
services are also not regulated under this definition, unless they
operated an on-site homeless shelter.
A tract of land developed under single ownership or control,
the development of which is unique, incorporating some or all, but
not limited to, the following attributes: a variety of uses, varied
density of development, reduced right-of-way width, dedicated open
space, and zero lot line development.
The Planning and Zoning Commission have the following duties:
to formulate and recommend the adoption of plans for the conservation
of resources and community betterment, participate in the preparation
of a comprehensive plan for the development of the county, approve
proposed subdivisions, hear rezoning petitions, authorize the preparation
of public road maps, and administer this ordinance.
A map or chart indicating the subdivision or re-subdivision
of land, intended to be filed for record.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning and Zoning Commission for approval.
A roofed-over structure, projecting out from the wall or
walls of a main structure, with a portion of it commonly open to the
weather.
Care, custody, control, or management over an item, whether
physically on the person or otherwise.
An alternative to a proposed project that would accomplish
the basic purpose of the project and avoid, or have less adverse impact
on, a wetland or lake.
An establishment required to hold a Private Club permit under
Chapter 32 of or 33 of the Texas Alcoholic Beverage Code, as amended.
A Private Club does not include an establishment that holds a food
and beverage certificate under the Texas Alcoholic Beverage Code,
as amended.
A non-dedicated road serving more than one (1) parcel for
access.
A disposal system which is not constructed, installed, maintained,
operated, or owned by a municipality, taxing district established
for that purpose, or a utility under the jurisdiction of the Public
Services Commission of the state.
A water supply which is not constructed, installed, maintained,
operated, or owned by a municipality, taxing district established
for that purpose, or a utility under the jurisdiction of the Public
Services Commission of the state.
Legally defined lot lines bounding a lot.
Include wetlands, streams, floodplains, riparian zones, and
other natural resource features regulated by local, state and/or federal
regulation.
Any drainage ditch, roadway, parkway, sidewalk, pedestrian
way, tree[,] lawn, off-street parking area, lot improvement, or other
facility for which the local government may ultimately assume the
responsibility for maintenance and operation, or which may affect
an improvement for which local government responsibility is established.
The term “Public Property” shall mean any property
open or devoted to public use or owned by the City of Bells, including,
but not limited to, sidewalks, streets, rights-of-ways, parks and
municipal buildings. This definition does not include property owned
by any county entity.
The term “public rights-of-way” shall mean the
surface, the air space above the surface, and the area below the surface
of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, parkway, waterway, easement, or similar property
in which the City of the State of Texas now or thereafter holds any
property interest, which, consistent with the purposes for which it
is dedicated, may be used for the purpose installing and maintaining
a person’s facilities. Nothing in this article [this ordinance]
or in any permit shall be deemed to be a representation or guarantee
by the City that its interest or other right to control the use of
such property is sufficient to permit its use for such purposes. The
holder of a permit shall be deemed to gain only those rights to use
as are properly in the city and as the City may have the undisputed
right and power to give.
A sewage disposal system which is constructed, installed,
maintained, operated, and owned by a municipality or taxing district
established for that purpose.
A firm, corporation, municipal department, or board duly
authorized to furnish or furnishing under regulation to the public:
electricity, gas, steam, communication (including CATV), transportation,
drainage, sewer, or water.
A water supply system which is constructed, installed, maintained,
operated, and owned by a municipality, taxing district established
for that purpose, or a utility under the jurisdiction of the Public
Services Commission of the state.
The term “Public Works Director” shall mean the
Public Works Director of the City of Bells, or the Public Works Director’s
designee for purposes of this ordinance.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A strip of land with tracks and auxiliary facilities for
track operation, but not including depots, loading platforms, stations,
train sheds, warehouses, car shops, car yards, locomotive shops, or
water towers.
An area of land on which two or more recreational vehicles,
including campers, tents, RVs, or other similar temporary recreational
structures, are regularly accommodated with or without charge, including
any building, structure, or fixture of equipment that is used or intended
to be used in connection with providing these accommodations.
Commonly referred to as an RV. A vehicle used for travel,
camping recreation, and vacation use.
This type of vehicle is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational camping, travel, or
seasonal use.
An RV may include, but is not limited to:
Motor home.
A self-propelled vehicle with a dwelling constructed as an
integral part of the vehicle, or so altered.
Pick-up coach.
A structure designed to be mounted on a truck chassis or
cut-down car.
Travel or camping trailer.
A vehicle or other portable structure that is designed to
move on the highway and designed or used as a dwelling.
See “waste disposal management and reduction.”
The term “Regulatory Authority” shall mean either
Grayson County or the City of Bells for the purpose of this ordinance.
See: “Flood-Related Definitions.”
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Any establishment whose principal business is the sale of
food and beverages to the customer in a ready-to-consume state, and
whose method of operation is characteristic of a carry-out, drive-in,
drive-through, fast food, standard restaurant, or bar/lounge, or combination
thereof, as defined below:
Carry-out restaurant.
A business establishment whose method of operation involves
sale of food, beverages, and/or frozen desserts in disposable or edible
containers or wrappers in a ready-to-consume state for consumption
primarily off the premises.
Delicatessen.
A restaurant typically offering both carry-out and seating
of sandwiches and other foods and beverages. A delicatessen also typically
offers meats, cheese and prepared foods on a retail basis.
Drive-in restaurant.
A business establishment whose method of operation involves
delivery of prepared food so as to allow its consumption in a motor
vehicle or elsewhere on the premises, but outside of an enclosed building.
A drive-in restaurant may also have interior seating.
Drive-through restaurant.
A business establishment whose method of operation involves
the delivery of the prepared food to the customer in a motor vehicle,
typically through a drive-through window, for consumption off the
premises. A drive-through restaurant may also have interior seating.
Standard restaurant.
A business establishment whose method of operation involves
either the delivery of prepared food by waiters and waitresses to
customers seated at tables within a building or the prepared food
is acquired by customers at a cafeteria line and is subsequently consumed
by the customers at tables within a completely enclosed building.
Restaurants may include accessory outdoor seating.
Tavern/bar.
An establishment licensed to serve alcoholic beverages on
the premises. Taverns/bars may include accessory outdoor seating.
A change in a map of an approved or recorded subdivision
plat so that the change affects any street layout on the map or area
reserved thereon for public use, or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
To change the zoning classification of particular lots or
parcels of land, otherwise known as a map amendment.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for another special use. The usage of the term right-of-way for
land platting purposes shall mean that every right-of-way hereafter
established and shown on a secondary plat is to be separate and distinct
from the lots or parcels adjoining the right-of-way and not included
within the dimensions or areas of the lots or parcels. Rights-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains, shade trees, or any other use involving maintenance by a public
agency, shall be dedicated to public use by the maker of the plat(s)
on which the rights-of-way are established.
Lands adjacent to waterways and lakes, that are influenced
by the adjacent water body by overbank flooding and changes in elevation
of the water table.
An area surrounding a watercourse, floodplain or wetland,
containing trees and other vegetation that intercepts surface water
runoff, wastewater, subsurface flow, and/or groundwater flows from
upland sources. Riparian and wetland buffers help process and remove
nutrients, sediment, organic matter, pesticides, or other pollutants
from runoff and subsurface flow. This transition area between aquatic
and terrestrial environments can also provide wildlife habitat, control
water temperature, attenuate flood flows, and provide opportunities
for passive recreation.
A structure for the display and sale of agricultural products,
with no space for customers within the structure itself.
That portion of a street which is used or intended to be
used for the travel of vehicles. See also “street.”
Asphaltic, concrete or other hard surfaces but not including
gravel, grass or hard earthen surfaces.
The portion of precipitation from such sources as rainfall,
snow melt, or irrigation water that flows over the ground surface.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An open area where waste or used materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled. Such waste
and used materials include, but are not limited to, motor vehicles,
vehicles, machinery or equipment drawn or operated by being attached
to motor vehicles, mechanical units which are not in running or operable
condition, scrap iron, other metals, paper, rags, rubber tires, and
bottles. It does not include residential, commercial or municipal
“garbage” which is defined as animal, vegetable or mineral
refuse. Any lot containing three (3) or more unlicensed vehicles shall
be considered a salvage yard.
A building or group of buildings in a controlled-access and
fenced compound that contains varying sizes of individual, compartmentalized,
and controlled-access stalls or lockers for the storage of customer’s
goods or wares.
The minimum horizontal distance between a lot line and the
wall of a building or structure.
A structure or group of structures located on the same lot
or parcel which is developed in accordance with an overall plan and
designed and built as an interrelated project that provides a variety
of commercial uses and common off-street parking, pedestrian access
and vehicular movements. Buildings constructed on outlots shall not
be considered part of the shopping center unless access and parking
easements are provided.
The length of roadway visible to the driver. Generally related
to the distance or time (perception/reaction time) sufficient for
the driver to execute a maneuver (turn from driveway or side street,
stop or pass) without striking another vehicle or object in the roadway.
A name, identification, description, display, or illustration
which is affixed to, or represented directly or indirectly upon a
building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization,
or business.
Billboard.
A structure or accessory structure that advertises or directs
attention to a business, commodity, service, entertainment or any
other subject matter not located or carried on the parcel of real
estate where any such sign is located or in the building or structure
to which the sign is affixed.
Business sign.
A sign which directs attention to a business, commodity,
service, or entertainment related to the premises where the sign is
located or to which it is affixed.
Electrical reader board.
Sign which contains a traveling message or a message which
appears to be traveling and usually in a horizontal manner.
Flashing sign.
An illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when the sign is in use. A revolving, illuminated sign shall be considered
to be a flashing sign.
Gross area of sign:
(1)
(2)
The entire area within a single continuous perimeter enclosing
the extreme limits of the sign and in no case passing through or between
any adjacent elements of same.
The perimeter shall not include any structural elements lying
outside the limits of the sign and not forming an integral part of
the display.
Ground/monument sign.
A three-dimensional, base-mounted freestanding display sign,
that is supported by uprights or braces in or upon the ground surface
or mounted on a base and consisting of two (2) or more sides extending
up from the base, and upon which a message, business, group of businesses
or center name is affixed.
Identification sign.
A sign which directs attention to a residence, a business,
commodity, service, entertainment, or other activity conducted on
the lot upon which the sign is located.
Nameplate sign.
Non-illuminated sign flush with the front of the building
indicating the name or address of a building, or the name of an occupant
thereof and the practice of a permitted occupation therein.
Pole or pylon sign.
A type of freestanding sign that is elevated above the ground
on poles or braces and not attached to any building or other structure.
Reader board sign.
A sign whereon provision is made for letters or characters
to be placed in or upon the surface area either manually or electronically
to provide a message that may be changed periodically[.]
Roof sign.
A sign erected, constructed, and maintained above the roof
of any building.
Wall sign.
A sign attached to, painted on or erected against the wall
of a building with the sign face in a parallel plane to the plane
of the building.
Window Signs.
A sign attached to a window or glass door and any sign on
the interior of a window that is visible from the outside of the window,
including signs not attached to the window.
A drawing to scale which must be furnished to the Permitting
Vendor when application is made for an improvement location permit
and which shows size and location of all existing and proposed buildings,
all adjacent streets and highways, size of all entrances and exits
from the land, and a legal description of the land. For some uses
a landscape development plan must be included.
A Small Cell 5G wireless facility is a facility that meets
both of the following qualifications: (i) each antenna is located
inside an enclosure of no more than 6 cubic feet in volume or, in
the case of an antenna that has exposed elements, the antenna and
all of its exposed elements could fit within an imaginary enclosure
of no more than 6 cubic feet; and (ii) all other wireless equipment
attached directly to a utility pole associated with the facility is
cumulatively no more than 25 cubic feet in volume. The following types
of associated ancillary equipment are not included in the calculation
of equipment volume: electric meter, concealment elements, telecommunications
demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection
of power and other services.
See: “Flood-Related Definitions.”
Those uses of land which are not essentially incompatible
with the uses permitted in a zoning district but possess characteristics
or locational qualities which require individual review and restriction
by Planning and Zoning Commission.
The rezoning of a lot or parcel of land to benefit an owner
for a use incompatible with surrounding land uses and that does not
further the county land development plan.
Uncontrolled growth, usually of a low-density nature, in
previously rural areas and some distance from existing development
and infrastructure.
A building or structure designed, arranged, used, or intended
to be used for housing saddle horses or ponies. See also: “Boarding
Stable.”
A yard for livestock; especially an enclosure, usually with
pens, and the like, in which cattle, hogs, sheep, or horses are kept
temporarily before being slaughtered or sent to market.
Accelerated erosion.
Erosion caused by development activities that exceeds the
natural processes by which the surface of the land is worn away by
the action of water, wind, or chemical action.
Applicant.
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
Best Management Practices (BMPs)
Structural measures (wetlands, ponds, infiltration basins,
etc.) or non-structural measures (low impact development planning,
restrictive zoning, reduced impervious areas, etc.). BMPs are designed
for the benefit of water quality and quantity.
Building.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
Channel.
A natural or artificial watercourse with a definite bed and
banks that conducts flowing water continuously or periodically.
Clean Water Act (CWA).
The federal Water Pollution Control Act (33 U.S.C. section
1251 et seq.), and any subsequent amendments thereto.
Construction Activity.
Activities subject to a stormwater management permit. These
include construction projects resulting in land disturbance of 1/4
acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition. This term does
not include routine ditch or road maintenance, minor landscaping projects,
agricultural land disturbing activities, forest harvesting activities,
or individual building lots within a larger permitted project.
Detention.
The temporary storage of storm runoff in a stormwater BMP
(Best Management Practices) with the goals of controlling peak discharge
rates and providing settling and filtration of pollutants.
Detention facility.
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff, and
gradual release of stored water at controlled rates.
Drainage easement.
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater management purposes.
Erosion and sediment control plan (ESCP).
A plan that is designed to minimize the erosion and sediment
runoff at a site during construction activities.
Hotspot.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Hydrologic soil group (HSG).
The Natural Resource Conservation Service classification
system in which soils are categorized into four runoff potential groups
according to texture and drainage capacity. The groups are HSG-A,
B, C, and D. Runoff volume for a given rainfall depth increases, and
infiltration capacity decreases, From HSG A to D.
Illicit Connections.
(1)
(2)
Either of the following:
A stormwater conveyance system that allows an illicit discharge
to enter the storm drainage system or the MS4. Such systems include
but not limited to any conveyances that allow any non-stormwater discharge,
and any connections to the storm drainage system, MS4, or receiving
waters from indoor drains and sinks. Such systems are illicit regardless
of whether said drain or connection had been previously allowed, permitted,
or approved. Or,
Any conveyance connected from a commercial or industrial land
use to the storm drainage system, MS4, or receiving water that has
not been documented in plans, maps, or equivalent records and approved.
Illicit Discharge.
An unapproved direct or indirect non-stormwater or pollutant
discharge to the storm drainage system or receiving waters.
Invasive Plant Species.
Predominantly non-native, non-indigenous, alien tree, shrub,
vine, or herbaceous species that grow or reproduce aggressively, usually
because they have no natural predators, and which can so dominate
an ecosystem that they kill off or drive out many indigenous plant
species.
Impervious cover.
Surfaces that cannot effectively infiltrate rainfall (e.g.,
building rooftops, pavement, sidewalks, driveways, etc.).
Industrial stormwater permit.
A National Pollutant Discharge Elimination System (NPDES)
permit issued to a commercial industry or group of industries, which
regulates the pollutant levels associated with industrial stormwater
discharges or specifies on-site pollution control strategies.
Infiltration.
The process of percolating stormwater into the subsoil.
Infiltration facility.
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above grade or below grade.
Land disturbance activity.
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
grading, digging, cutting, scraping, or excavating of soil, placement
of fill materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
Low Impact Development (LID).
Development strategy that encourages maintaining existing
drainage patterns while minimizing changes to existing topography.
LID often employs distributed, localized storage of stormwater, disconnection
of directly connected impervious surfaces to the site outlet, and
incorporation of public education into the long-term plan for stormwater
management.
Maintenance agreement.
A legally recorded document that acts as a property deed
restriction, and that provides for long-term maintenance of stormwater
management practices.
Maximum Extent Practicable (MEP).
The statutory standard that establishes the level of pollutant
reductions that operators of regulated MS4s must achieve.
Municipal Separate Storm Sewer System (MS4).
A stormwater conveyance system which is owned or operated
by a state, city, town, county, tribe, district, association, or other
public body or a designated and approved management agency under Section
208 of the Clean Water Act, that discharges into waters of the United
States (40 CFR 122.26(b)(8)).
National Pollutant Discharge Elimination System (NPDES) Stormwater
Discharge Permit.
A permit issued by EPA (or by a state under authority delegated
pursuant to 33 USC section 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Non-point source pollution.
Pollution from any source other than discernible, confined,
and discrete conveyances, including but not be limited to pollutants
from agricultural, silvicultural, mining, construction, subsurface
disposal and urban runoff sources.
Notice of Intent (NOI).
A written notification indicating an entity’s intention
to comply with the terms of a specified general permit rule in lieu
of applying for an individual NPDES stormwater discharge permit.
Pollutant.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes;
yard wastes, including grass, brush, leaves, and limbs; refuse, rubbish,
garbage, litter, or other discarded or abandoned objects, ordinances,
and accumulations; floatables, pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; soil and sediments;
and noxious or offensive matter of any kind.
Recharge.
Replenishment of underground water reserves.
Redevelopment.
Any construction, alteration or improvement equal to or greater
than 43,560 square feet (one acre) in areas where existing land use
is high density commercial, industrial, institutional or multi-family
residential.
Stormwater Conveyance Systems.
System of surface and subsurface drainage systems, catch
basins, and other drainage structures including retention and detention
BMPs, vegetated swales, municipal streets, catch basins, curbs, gutters,
roads with subsurface drainage systems, reservoirs, pumped piping
systems and other drainage structures or watercourses.
Stormwater management.
The use of structural or non-structural practices, physical
and biological measures that are designed to reduce stormwater runoff
pollutant loads, discharge volumes and peak flow discharge rates.
Goals of stormwater management include avoiding detrimental changes
in the hydrology, water quality and temperature of receiving waters
that affect habitat and ecological function and minimizing flash floods.
Stormwater Pollution Prevention Plan (SWPPP).
A document that describes the best management practices and
activities to be implemented by an entity to identify sources of pollution
or contamination at a site, and actions that will be taken to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
Watercourse.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
Structural alteration.
A change, other than incidental repairs, which would prolong
the life of the supporting members of a building, such as the addition,
removal, or alteration of bearing walls, columns, beams, girders,
or foundations.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it. The floor of a story may
have split levels provided that there is not more than four (4) feet
difference in elevation between the different levels of the floor.
A mezzanine floor shall be counted as a story when it covers over
one-third the area of the floor next below it, or if the vertical
distance from the floor next below it to the floor next above it is
17 feet or more. A basement shall be counted as a story if it is 50%
or move [more] above the average grade.
A partial story under a gable, hip, or gambrel roof, the
wall plates of which on at least two opposite exterior walls are not
more than three feet above the floor of the story, except that any
partial story used for residence purposes, other than for a janitor
or caretaker or his family, or by a family occupying the floor immediately
below it, shall be deemed a full story.
A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, usually affording the principal
means of access to abutting property. A street may be designated as
a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive,
or other appropriate name.
Cul-de-sac street.
A street with a single common ingress and egress and with
a turn-around at the end.
Highway, limited access.
A freeway, or expressway, providing a [traffic way] for through
traffic, to which abutting lands have no legal right to have direct
access, and all access is at defined points determined by the public
road agency having jurisdiction over that roadway.
Minor street.
A local roadway, the primary function of which is to provide
direct access to residential, commercial, industrial, or other abutting
real estate.
Major thoroughfare.
All arterial streets, county primary roads, major city streets
and state highways.
Anything constructed or erected, the use of which requires
location above the ground or attached to something having location
on the ground. A structure will include buildings, fences, walls,
decks, towers, pools, gazebos, play structures, tree house, and other
similar above-ground structures.
The division of land by deed or other recorded instrument.
A subdivision shall be deemed to have occurred on any land, vacant
or improved, that is divided into three (3) or more lots, parcels,
sites, units, plots or interests for the purpose of offer, sale, lease,
mortgage or development, either on the installment plan or upon any
and all other plans, terms and conditions, including re-subdivision
and the granting of access easements. However, this regulation shall
not apply to the following:
A pad or a combination of footings, piers, caps, plates,
and shims, which, when properly installed, support the manufactured
or mobile home.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any place or establishment which is operated for the principal
business or primary purpose of marking the skin with indelible pigment
or other such substance so as to produce a permanent design, mark
or similar feature on the skin.
A building where liquors are sold to be consumed on the premises
and where entertainment may or may not be provided.
A level and rather narrow plane, or platform, which for the
purpose of this title is located adjacent to one or more faces of
the principal structure and which is constructed not more than four
feet in height above the average level of the adjoining ground.
An area of land on which two or more travel trailers are
regularly accommodated with or without charge, including any building
or other structure, fixture, or equipment that is used or intended
to be used in connection with providing that accommodation.
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, servicing, storage
or repair of commercial vehicles is conducted or rendered including
the dispensing of motor fuel or other petroleum products directly
into motor vehicles, [and] the sale of accessories or equipment for
trucks and similar commercial vehicles. A truck stop may include overnight
accommodations and restaurant facilities solely for use of truck crews.
Any land use with or without buildings for, but not limited
to parking, storage, maintenance, or transfer station for commercial
trucks, tractors, truck trailers, and other commercial vehicles.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained. This includes any manner of performance of activity or
operation with respect to the performance standards of this title.
Uses are classified under the following major categories:
Residential,
which includes single-family, two-family, multiple-family
and manufactured homes.
Agriculture,
which includes all farming, livestock and forestry.
Commercial,
which includes all retail trade uses, motor vehicle service,
lodging accommodation, food services, other services and entertainment/recreational
businesses.
Office,
which includes administrative offices and buildings, used
for finance, insurance, legal, real estate, professional, scientific,
technical, health care, and social assistance uses.
Institutional,
which includes all religious, civic, social, and similar
organizations, educational services and public uses.
Industrial,
which includes all manufacturing, transportation, warehousing,
utilities (generation/treatment plants), waste processing/disposal,
construction contractors and mining/mineral extraction uses.
A use which may be lawfully established in a particular district
or districts, provided that it conforms with all requirements, regulations,
and performance standards, if any, of the district.
The main use of land or buildings, as distinguished from
a subordinate or accessory use. May be either a permitted use or a
special exception use.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A deviation, authorized by the Planning and Zoning Commission,
from the strict application of the specific requirements of zoning
as it pertains to use, building, frontages, access, lot size, setbacks,
or other developments as it pertains to specific property.
An institution which is licensed to provide for the care,
diagnosis, and treatment of sick or injured animals, including those
in need of medical or surgical attention. A veterinary clinic may
include customary pens or cages for the overnight boarding of animals
and such related facilities as laboratories, testing services, and
offices.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A building used for long-term and short-term storage and
wholesale of manufactured products, supplies, and equipment related
to the operation of a single business and material for “just
in time” delivery to a manufacturing facility. The use will
include truck loading and unloading, provided the area dedicated to
the outdoor storage of trucks and trailers is no more than the area
of the warehouse building.
Hazardous waste.
Regulated by the Resources Conservation and Recovery Act
(RCRA, 1976) (42 USC 6901) and its amendments; any waste that is “corrosive,
ignitable, reactive, or toxic” or poses a substantial threat
to human health and environment when improperly managed.
Industrial solid waste.
Generally, consists of materials such as wastewater treatment
sludge (waste with most of the water removed; semi-liquid), agricultural
wastes, plastics, oil, paint, metal, or coal ash, and is managed on-site
in landfills, surface impoundments, land application units, and waste
piles and/or off-site land facilities, discharged to wastewater treatment
plants and to surface waters.
Municipal solid waste.
The refuse discarded by households, institutions, and commercial
establishments (as distinguished from hazardous wastes and sludge),
and which is disposed of in landfills, by incineration, or is composted,
recycled, or reused.
Yard waste.
Plant clippings, pruning, and other discarded materials from
yards and gardens; also called yard rubbish.
Techniques which include but are not limited to:
Collection center or intermediate processing facility.
A light industrial facility for collecting secondary materials,
usually from the public, and reselling to brokers, processing centers,
or manufacturing. Collection centers may or may not buy material,
can be permanent or mobile, and do no processing of materials for
resale.
Composting.
The controlled decay of organic matter, producing a nutrient-rich
mulch or organic soil, thus removing part of the waste going to landfills
and incinerator.
Incineration.
A process technology which reduces the amount (particularly
by volume) of wastes, the residues of which must then be managed and
disposed of properly.
Landfill, sanitary.
An engineering project for refuse disposal in which the waste
is dumped in accordance with a preconceived plan, compacted, and covered
during and at the end of each day.
Processing center.
A heavy industrial facility that buys secondary material,
usually from brokers, collection centers, and various post-consumer
waste facilities, to use on-site for the remanufacturing of products.
Recycling.
The process by which materials otherwise destined for disposal
are retrieved and remanufactured into new products. Recycling involves
four steps:
Transfer station.
An intermediate facility where collected refuse is deposited
for transfer to the final disposal site.
All land and water within the confines of a drainage divide
(a ridge separating two drainage basins).
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, or the Texas Council on Environmental Quality,
shall be considered a wetland for the purposes of this Ordinance.
In the event the definition of a wetland conflicts between any of
these agencies, the more restrictive definition shall apply.
The determination as to whether an area is a wetland. Reference
shall be made to and guided by, and field observations shall be conducted
in accordance with, the methods set forth and described in the most
recent legislation for: Federal Interagency Committee for Wetlands
Delineation, and subsequent amendments; Federal Manual for Identifying
and Delineating Jurisdictional Wetlands; U.S. Army Corps of Engineers;
U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service;
and U.S.D.A. Soil Conservation Service, Washington D.C. (Cooperative
technical publication, 76 pages, plus appendices.)
The portion of the National Wetlands Inventory which includes
the county and cities, and which shows wetlands and lakes located
with [within] the City of Bells.
The National Wetlands Inventory, as periodically updated, is
incorporated herein by reference. These maps are intended as a preliminary
guide, as only the general location of wetlands may be shown.
A business establishment engaged in selling to retailers
or jobbers rather than consumers.
An establishment required to hold a winery permit under Chapter
16 of the Texas Alcoholic Beverage Code, as amended.
The technology by which communications or radio signals are
transmitted or received from one communication source to another,
which may include mobile units, land-based units, or satellite, whether
radio, digital, telephone, or television not otherwise exempted by
federal regulation.
The physical device through which wireless communications
signals are transmitted or received.
A facility consisting of the equipment and structures involved
in receiving and transmitting wireless communications signals.
A structure intended to support equipment used to transmit
and/or receive wireless communications signals, including monopoles
and self-supporting lattice towers.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An open space on the same lot with a building or structure
unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted. A yard extends along a lot line, and to a
depth or width specified in the yard requirements for the zoning district
in which the lot is located and shall not include that part in use
as or to be used as a street.
Front yard.
A yard between the front line of the building and the street
right-of-way, extending along the full length of the front lot line
between the side lot lines, which shall not include that part in use
or to be used as a street. On a corner lot, the front yard shall be
along the street right-of-way that the front of the building faces
or the shorter of the two front lot lines. The side street front yard
shall also be considered a front lot line but may be distinguished
with separate requirements in the district.
Interior side yard.
A side yard which is located immediately adjacent to another
lot or to an alley separating the side yard from another lot.
Rear yard.
A yard between the rear line of the building and the rear
lot line, extending along the full length of the rear lot line between
the side lot lines. In the case of a corner lot, the rear yard will
be opposite the street frontage that the building faces or the shorter
of the two front lot lines, but there shall be only one (1) rear yard.
Required yard.
That portion of a lot that meets the required minimum front,
side, or rear setback of the zoning district in which the property
is located.
(Ordinance 99-0928-A adopted 10/12/21)
For the purpose of this title, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The location of a building on a lot in such a manner that
one or more of the building’s sides rest directly on a lot line.
The delineation of districts and the establishment of regulations
governing the use, placement, spacing, and size of land and buildings.
A section or sections of the territory of the county and
cities, for which the regulations and requirements governing use,
lot, bulk of buildings, and premises are uniform.
The map or maps that are a part of the zoning ordinance and
delineate the boundaries of zoning districts.
An ordinance adopted by the City of Bells which contains
and zoning maps which divide the jurisdiction of the Planning and
Zoning Commission into districts, with regulations, requirements,
and procedures for the establishment of the land use controls.
(Ordinance 99-0928-A adopted 10/12/21)
