City of Greenville, TX DEFINITIONS & INTERPRETATIONS

General Definitions.

ABANDONMENT:

As related to nonconforming uses and structures, having been abandoned as described in Section 9-8 of this Ordinance.

ABUTTING:

Having property or district lines in common, or two objects in immediate contact.

ACCESS:

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

ACCESSORY BUILDING:

A building which is incidental and secondary to the primary use of the property and complies with all applicable building and zoning requirements.

ACCESSORY BUILDING, FARM:

A structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops.

ACCESSORY BUILDING, RESIDENTIAL:

A subordinate building, the use of which is incidental to that of a principle building on the same plot. In a residential district, a subordinate building, attached or detached and used for a purpose customarily incidental to the main structure, such as a private garage for automobile storage; tool house, lath or greenhouse as a hobby, home workshop, children’s playhouse, storage house or garden shelter, but not involving conduct of a business.

ACCESSORY DWELLING:

A subordinate building that is detached from the primary on-site structure, is used as a residence, is incidental to the main structure (i.e., the building area must be significantly less in square footage than the main structure), and is not involved in the conduct of a business. Such building complies with all applicable building and zoning requirements.

ACCESSORY RESIDENTIAL USE OR STRUCTURE:

An accessory use or structure in a nonresidential zoning district used to provide a residence for the owner, operator, manager, or caretaker of a business located on the premises.

ACCESSORY USE:

A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.

10.

ADDITION:

As related to a building, an extension or increase in floor area or height of an existing building or structure.

11.

ADULT ENTERTAINMENT ENTERPRISE:

A Sexually Oriented Business as defined in State Law.

12.

AIRPORT, LANDING FIELD OR HELIPORT:

A landing facility for fixed and rotary wing aircraft. Such facility is subject to approval by the City of Greenville and includes a terminal, fueling and repair facilities, and storage facilities.

13.

ALLEY:

A public space or thoroughfare which affords only secondary means of access to property whose principal frontage is on a public street or officially approved place.

14.

ALTERED or ALTERATION:

Any change, modification or transformation.

14.1.

ALTERNATIVE FINANCIAL SERVICES:

A check cashing business, payday advance or loan business, money transfer business, car title loan business, or any other similar businesses engaged in non-traditional short-term lending.

14.2.

ALTERNATIVE PERSONAL SERVICES:

An establishment where the primary use of the building or lease space includes any of or any combination of the following: fortune-telling establishment, tattoo parlor, body or piercing parlors, vape shops or head shops. This definition shall not include massage therapy or acupuncture clinics, cigar or cigarette shops, or permanent cosmetics as part of a beauty salon. An alternative personal services establishment must possess a certificate of occupancy and thus cannot operate as a use secondary to a primary business.

15.

AMENDED SITE PLAN:

A site plan that is approved by the Community Development Director and that is based on minor changes to a previously approved site plan. See Section 8-3.

16.

AMUSEMENTS, COMMERCIAL (INDOORS):

An amusement enterprise wholly enclosed in a building that is treated acoustically so the noise generated by the enterprise is not perceptible at the bounding property line. Such enterprises include, but are not limited to, bowling alleys or billiard parlors.

17.

AMUSEMENTS, COMMERCIAL (OUTDOORS):

An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open. Such enterprises include, but are not limited to, golf driving ranges, archery ranges and miniature golf courses.

18.

ANTIQUE SHOP:

An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.

19.

APARTMENT:

See MULTI-FAMILY DWELLING.

20.

ARCHITECTURAL PRODUCTS MANUFACTURE:

Establishments primarily engaged in the manufacture of a variety of cast stone architectural products including: door and window surrounds, fountains, planters, statuary mantels, wall caps, finials, quoins, keystones, lintels, arches, interior products, molding, ceilings medallions, niches, bollards, benches, pool copings, sundials, and paving.

21.

ART GALLERY OR MUSEUM:

An institution for the collection, display and distribution of objects of art or science, sponsored by a public or quasi-public agency and open to the general public.

22.

ART STUDIO AND/OR GALLERY:

Where objects of art are created or displayed for the public enrichment or where said objects of art are displayed for sale (including the teaching of both painting and sculpting).

23.

ARTICULATION:

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

24.

ASSISTED LIVING FACILITY:

A congregate residence facility for four (4) or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.).

25.

AUTO ACCESSORIES AND/OR PARTS, RETAIL SALES (ONLY):

The use of any building or other premises for the primary inside display and sale of new or used accessories and/or parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. This definition expressly does not include a "Wrecking or Salvage Yard"; this is separately defined herein.

26.

AUTO LUBRICATION:

A business primarily engaged in furnishing automobile oil changes, state inspections, and emission testing, without repair offering auto repair services[.]

27.

AUTO RENTAL:

A business establishment that provides for the renting of automobiles and light trucks on a short-term basis (differentiated from leasing, which is on a long-term basis). This may also involve the incidental storage of the automobiles and light trucks being rented.

28.

AUTOMOBILE REPAIR GARAGE:

Any building or part thereof in which automobiles and light trucks are repaired or maintained. An automobile repair garage does not include any facility at which customer’s vehicles are refueled.

29.

AUTO/BOAT SALES, NEW OR USED:

A paved area for the display for sale of motorized and non-motorized vehicles and/or boats accompanied by an on-site office with staffing during normal business hours.

30.

AUTOMOBILE STORAGE YARD:

A business in which a building or parcel of land is used for temporary storage of vehicles or small boats, provided that there shall be no dismantling on the premises and all outside storage areas shall be enclosed by a screening device.

31.

AUTOMOBILE WASH, FULL-SERVICE/DETAIL SHOP:

Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle does not actually wash the vehicle. The owner either leaves the vehicle and comes back to retrieve it later, or the owner waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

32.

AUTOMOBILE WASH, SELF-SERVICE:

Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

32.1.

BAIL BOND SERVICES:

The use of a site by a licensed bail bond surety to provide bail bond services regulated by Texas Occupations Code Chapter 1704. The use does not include bail bond services that are provided by an attorney and that are exempt from the state licensure requirement under Texas Occupations Code Section 1704.163.

33.

BASEMENT:

A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground.

34.

BED AND BREAKFAST INN:

An owner occupied or manager occupied residential structure where temporary lodging is provided and meals are prepared for overnight guests only.

35.

BARBER OR BEAUTY SHOP:

A commercial business establishment wherein cosmetology is offered or practiced on a regular basis for compensation. Services may include hair cutting, hair coloring and styling, manicure/pedicure services, facial make-up services, body hair removal using techniques including but not limited to electrolysis or waxing techniques, and the occasional application (i.e., as an accessory use) of "permanent cosmetics" involving injecting dyes/inks into the skin for the sole purpose of adding typical facial features and details such as eyebrows, eyeliners and lip-lines. Injection of dyes is limited to the face only, and any use of inking artistic designs to any other part of the body is not included within this definition. All services offered must be properly permitted through the appropriate governmental agency(s) such as the Texas Department of Health, etc.

36.

BIRTHDAY PARTIES (CHILDREN’S):

A business primarily involved in hosting birthday parties for children ages thirteen (13) and under.

37.

BLOCK:

An area enclosed by streets and occupied by or intended for buildings. If used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.

38.

BOARD:

The Zoning Board of Adjustment.

39.

BOARDING OR ROOMING HOUSE:

A building, other than a hotel, where lodging for four (4) or more persons, with or without meals, is provided for compensation. Lodging is usually provided for an extended period of time, such as a week or more.

40.

BUILDING:

Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided by dividing walls without openings, each portion so subdivided may be deemed a separate building.

41.

BUILDING COVERAGE:

The percent of a lot or tract covered by the roof or first floor of all buildings or structures located on the lot or tract. Roof eaves to the extent of two (2) feet from the walls of a building shall be excluded from building coverage computations.

42.

BUILDING ENDS:

Those sides of a building having the least dimension as compared to the front or rear of a building. With regard to multi-family dwelling units, may be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.

43.

BUILDING HEIGHT:

The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to: (1) the highest point of the roofs surface if a flat surface; (2) the deck line of mansard roofs; or (3) the mean height level between eaves and ridge for hip and gable roof. Measurements shall exclude chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

44.

BUILDING LINE:

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

45.

BUILDING, PRINCIPAL:

A building in which the principal use of the plot on which it is situated is conducted. In any residential district any structure containing a dwelling unit shall be deemed to be the principal building on the plot on which the same is situated.

46.

BUILDING STORY:

The height between the successive floors of a building, or from the top floor to the roof.

47.

CARGO TRAILER SALES OR RENTAL:

A lot or area for the storage of trailers designed to be towed behind passenger cars for the transport of cargo.

48.

CERTIFICATE OF OCCUPANCY:

An official certificate issued by the City of Greenville through the enforcing official, indicating conformance with or approved conditional waiver from zoning regulations, and authorizing legal use of the premises for which it is issued.

49.

CHILD DAY CARE CENTER (BUSINESS):

A licensed operation providing care for seven (7) or more children under fourteen (14) years of age for less than 24 hours a day at a location other than the permit holder’s home. This definition is in conformance with Texas State law, Chapter 745, Licensing, Subchapter B, Child Day-Care Operations Chart.

50.

CHILD DAY NURSERY:

Also commonly referred to as a Registered Family Home or Child Care in a Place of Residence. A facility that regularly provides care in the caretaker’s own residence for not more than six (6) children under thirteen (13) years of age, excluding the caretaker’s own children. Child day care can be provided for six (6) additional children before and/or after the customary school day. However, the total number of children, including the caretaker’s own, provided care at such facility does not exceed twelve (12) at any given time. This definition is in conformance with Texas State law, Chapter 745, Licensing, Subchapter B, Residential Child-Care Operations Chart.

51.

CHURCH/TEMPLE/PLACE OF WORSHIP:

A building or site designed and used for regular assembly for religious public worship, along with accessory activities which are customarily associated therewith, such as a place of residence for ministers, priests, nuns or rabbis on the premises, and that is tax exempt as defined by State law. For the purposes of this ordinance, Bible study and other similar activities which occur in a person’s primary residence shall not apply to this definition. Also see Institution of Religious or Philanthropic Nature.

52.

CITY:

The City of Greenville, Texas.

53.

CITY COUNCIL:

The governing body of the City of Greenville.

54.

CITY MANAGER:

Chief administrative officer of the City of Greenville.

55.

CITY OR GOVERNMENT BUILDING, SHOP, OR YARD:

Facilities such as office buildings, maintenance yards, or shops required by branches of local, state, or federal government for service to an area, such as highway department yard or city service center.

56.

CITY PLANNER:

The person designated as the one responsible for the administration and enforcement of the City of Greenville’s zoning and building codes, or his designee. Also referred to within this Ordinance as the Community Development Director.

57.

CLEANING OR LAUNDRY, DRYCLEANING BUSINESS:

See LAUNDRY/DRY CLEANING (RETAIL - DROP OFF/PICK UP).

58.

CLEANING OR LAUNDRY, SELF-SERVICE:

See LAUNDROMAT (SELF-SERVICE LAUNDRY).

59.

COLLEGE, UNIVERSITY OR PRIVATE SCHOOL:

An academic institution of higher learning accredited or recognized by the state and offering a program or series of programs of academic study.

60.

COMMISSION:

The Planning and Zoning Commission of the City of Greenville.

61.

COMMUNITY CENTER (PUBLIC):

A building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the community served.

62.

COMMUNITY DEVELOPMENT DIRECTOR:

The Director of the City’s Community Development Department, and the person designated as the one responsible for the administration and enforcement of the City of Greenville’s zoning and building codes, or his designee. Also referred to within this Ordinance as the City Planner.

63.

COMMUNITY HOME FOR DISABLED PERSONS:

A residential living facility that provides food and shelter, personal guidance, care, habilitation services, and supervision for not more than six (6) persons with disabilities. No more than two (2) supervisors reside within the facility with the six disabled persons at the same time. Such facility meets the requirements of the Texas Human Resources Code (Chapter 123, Community Homes for Disabled Persons Location Act), and/or other applicable State laws.

64.

CONTRACTOR STORAGE YARD:

An outside portion of the lot or parcel upon which a construction contractor maintains its principal office or a permanent business office. This outside portion is used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor.

65.

CONVALESCENT HOME:

See Nursing Home.

66.

CONVENIENCE STORE, WITH OR WITHOUT GASOLINE SALES:

Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries, including gasoline if pumps are provided. Does not include or offer any automobile repair services.

67.

COUNTRY CLUB (PRIVATE):

An area of twenty (20) or more acres containing a golf course and a club house, and available only to private, specific membership. Such a club may contain adjunct facilities such as a private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

68.

COVERAGE:

See Building Coverage.

69.

CUL-DE-SAC:

A minor street having but one vehicular access to another street and terminated by a vehicular turn-around.

70.

CUSTOM CRAFT (FABRICATION AND ASSEMBLY):

Businesses primarily involved in crafting, fabricating, or assembling finished goods where the crafting, fabrication, or assembly, requires the application of an individual’s craft or skill. Examples include but are not limited to saddle shops, sewing shops, and custom cabinetry or furniture manufacture. This category does not include the fabrication, assembly, or manufacture of products or materials that do not constitute finished goods or that must be further assembled, altered, or processed, before they can be purchased, used, and enjoyed by the end consumer.

71.

CUSTOM PERSONAL SERVICE:

Tailor, dressmaker, shoe shop or similar shop offering custom service.

72.

DANCE HALL OR NIGHT CLUB:

An establishment offering to the general public facilities for dancing and entertainments for a fee and subject to licensing and regulation by the City of Greenville.

73.

DAY CAMP FOR CHILDREN:

A facility arranged and conducted for organized recreation and instruction of children on a daytime basis. Such recreation includes outdoor activities.

74.

DAY CARE FACILITY, ADULT:

A facility that provides services under an adult day-care program on a daily or regular basis, but not overnight, to four (4) or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. This facility conforms to all regulations set forth by the Texas Human Resources Code (Chapter 103, Adult Day Care), and/or other applicable State laws.

75.

DEPTH OF LOT:

See Lot Depth.

76.

DISTRIBUTION FACILITY FOR RECYCLING CONTAINERS:

A facility or center used for the distribution of trash bags or recycling containers not exceeding ninety (90) gallons.

77.

DISTRICT:

As used in relation to zoning, a section of the city for which the regulations governing the area, height or use of the land and buildings are uniform.

78.

DRY DOG AND CAT FOOD MANUFACTURING FACILITIES:

Establishments primarily engaged in manufacturing dry dog and cat food from cereal, meat products, and other ingredients.

79.

DWELLING UNIT:

A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.

80.

ERECT:

To build, construct, attach, hang, place, suspend or affix. The term includes the painting of wall signs.

81.

FAMILY:

Any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage or adoption.

82.

FAMILY CARE HOME:

A facility providing 24-hour care in a protected living arrangement for not more than six (6) residents with certain physical or mental impairments and not more than two (2) supervisory personnel. This classification is limited to homes for the care of persons suffering from orthopedic, visual, speech, or hearing impairments, Alzheimer’s disease, pre-senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism, or emotional illness. This classification does not include homes for persons with the above-listed impairments located within one-half mile of a previously-existing family care home.

83.

FARM AND PET STORES:

A business primarily engaged in the housing and selling of small household animals and common farm animals; however this business is specifically prohibited from selling 1) any wild animal as defined by the Code of Ordinances of the City of Greenville; 2) any exotic animal as that term is defined by the United States Department of Agriculture; and 3) any large exotic bird including, but not limited to, ostriches and emus. This business may also include the sale of feed and some produce, including fruits, vegetables, hay and other types of similar produce.

84.

FARM, RANCH, GARDEN OR ORCHARD:

An area of five (5) acres or more which is used for growing usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep. Such activity includes necessary accessory uses for raising, treating and storing products raised on the premises, but does not include the feeding of offal and garbage to swine and other animals. Such use does not include any type of agriculture or husbandry specifically prohibited by ordinance or law.

85.

FINAL PLAT (also may be referred to as a "RECORD PLAT" or "AS-BUILT PLAT"):

The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Registered Professional Land Surveyor (RPLS) with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. An Amending Plat is also a Final Plat[.] The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Registered Professional Land Surveyor (RPLS), with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. An Amending Plat is also a Final Plat.

86.

FLOOR AREA:

The total square feet of floor space within the outside dimensions of a building, including each level but excluding cellars, carports or garages.

87.

FLOOR AREA RATIO (FAR):

The ratio between the total square feet of floor area in a structure and the total square feet of land in the lot or tract on which the structure is located.

87.1.

FORTUNETELLING ESTABLISHMENT:

Any establishment where any person, firm, association, or corporation engages in, carries on, or permits to be engaged in or carried on, any of the following activities: the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy or other craft, art, science, talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act.

88.

FOSTER GROUP HOME:

A private group home that provides foster case to children in Texas Department of Family Protective Services conservatorship and is certified to care for at least seven (7) but no more than twelve (12) children, including the children of the foster family and children for whom the family provides regular part-time day care.

88.1.

FULL SERVICE HOTEL:

A building or group of buildings designed for and occupied as a temporary dwelling place. Access to guest rooms shall be restricted exclusively to interior corridors that shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system. Customary hotel services such as linen, maid service, telephone, and other guest amenities are provided and may also contain various personal service shops.

89.

GASOLINE OR FUEL SERVICE STATION:

A building or parcel of land at which customer’s vehicles are refueled from a system of underground tanks and pipes and at which other automotive service[s] are available.

90.

HALFWAY HOUSE:

A residential facility licensed by the State of Texas providing shelter, supervision and residential rehabilitation services for persons who have been inmates of any county, state or federal correctional institution or residents in a mental hospital, and released, and require a group setting to facilitate the transition to a functional member of society.

91.

HAULING OR STORAGE COMPANY:

A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. This definition includes companies that move residential or commercial belongings.

91.1.

HEAD SHOP:

A retail outlet which specializes in drug paraphernalia related to consumption of cannabis, other recreational drugs, and New Age herbs, as well as counterculture art, magazines, music, clothing, and home décor.

92.

HEAVY LOAD VEHICLE:

A self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise[.]

93.

HEIGHT:

See Building Height.

94.

HOME OCCUPATION:

An occupation carried on in the home by a member of the occupant’s family residing on the premises, without the employment of additional persons, where the use is carried on in the main structure only and there is no separate entrance for the use.

95.

HOSPITAL (ACUTE CARE):

An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the state.

96.

HOSPITAL (CHRONIC CARE):

An institution where those persons suffering from illness, injury, deformity, or deficiency of age are given care and treatment on a prolonged or permanent basis and which is licensed by the state.

97.

RESERVED.

98.

HUD-CODE MANUFACTURED HOME:

A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode is eight (8) body feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems.

99.

INDUSTRIALIZED HOUSING (Also referred to as MODULAR PREFABRICATED STRUCTURE or MODULAR HOME):

A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.)

100.

INDUSTRIAL PROCESSES NOT PROHIBITED:

Any manufacturing, industrial servicing or storage process not prohibited by law or classified otherwise by this Ordinance; provided that the following uses are prohibited:

Poultry Processing;

Acid manufacture;

Ammonia manufacture;

Carbon black manufacture;

(5)

Cement, lime, gypsum or plaster of Paris manufacture;

(6)

Chlorine manufacture;

(7)

Cotton gin or compress;

(8)

Explosives storage or manufacture;

(9)

Petroleum and petroleum products refining and manufacture;

(10)

Glue or fertilizer manufacture;

Petroleum tank farm;

Petrochemical plant;

Rendering plant;

Tanning, curing, treating or storage of skins or hides;

(15)

Any use which, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor or vibration or danger of explosion or fire, is presently or in the future determined a hazard and subject to special control.

101.

INDUSTRIAL USE:

Any use permitted by this Ordinance in the I-2, Heavy Industrial District.

102.

JUNK:

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

103.

JUNKYARD:

See Automobile Salvage or Wrecking Yard.

103.1.

KENNEL, COMMERCIAL:

Any business or establishment, not otherwise defined herein, whether operated separately or in connection with another business or establishment that keeps, boards, sells, shows, and/or trains dogs and/or cats for profit.

104.

KINDERGARTEN OR NURSERY:

See CHILD DAY CARE CENTER (BUSINESS) and CHILD DAY NURSERY.

105.

LANDSCAPING AND IRRIGATION CONTRACTOR SHOP:

Businesses primarily engaged in providing a variety of landscaping services including the installation of outdoor irrigation systems. All equipment and materials (except vehicles), shall be stored in a manner so that they are concealed from public view. Business primarily engaged in retail sales of lawn, garden, and irrigation supplies are classified separately; see NURSERY (in relation to landscaping sales).

106.

LAUNDROMAT (SELF-SERVICE LAUNDRY):

A facility where patrons wash, dry or dry clean clothing and other fabrics in machines that are operated by the patron.

107.

LAUNDRY/DRY CLEANING (RETAIL-DROP OFF/PICK UP):

A facility used for the purpose of receiving articles or goods of fabric to be subjected to the on-site processes of laundering and/or pressing of any such articles or goods that have been subjected to laundering. The process of dry cleaning does not occur on-site, dry cleaning occurs elsewhere.

108.

LIGHT FABRICATION AND ASSEMBLY PROCESSES:

Including the manufacture of jewelry, trimming decorations and any similar item not involving the generation of noise, odor, vibration, dust or hazard.

109.

LIGHT FABRICATION AND ASSEMBLY - RETAIL:

Businesses using light fabrication and assembly processes to produce goods such as jewelry, trimming decorations, clothing, and other products fabricated by cutting and sewing purchased textile fabrics, leather, and other related or similar materials; where no more than eighty (80) percent of the floor area of any building occupied by such a business is used for fabrication and assembly, and at least twenty (20) percent of the floor area is devoted to the display and retail sales of fabricated goods and other merchandise.

110.

LIGHT MANUFACTURING PROCESSES:

Manufacturing process which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. Such uses include but are not limited to:

(1)

Woodworking and planing mill with dust and noise control;

(2)

Textile manufacture with dust and odor control;

(3)

Ceramic and pottery manufacture with dust, odor and fume control;

(4)

Plastic products manufacture with dust and fume control;

(5)

Grain processing with hoods, dust and odor controls;

(6)

Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process;

(7)

Electroplating or battery making with acid, fume and odor controls; and

(8)

Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of a hazard, but specifically excluding the prohibited uses listed under the definition Industrial Uses Not Prohibited.

110.1.

LIMITED SERVICE HOTEL:

A building or group of buildings designed for and occupied as a temporary dwelling place that is not classified as a full service hotel. Access to guest rooms shall be restricted exclusively to interior corridors that shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system. Customary hotel services such as linen, maid service, telephone, and other guest amenities are provided and may also contain various personal service shops.

111.

LIVING UNIT:

A room or rooms occupied by a family and including cooking facilities.

112.

LOCAL UTILITY LINE:

The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power, cable service, internet service, and/or telephone service.

113.

LODGING HOUSE:

See Boarding or Rooming House.

114.

LOT:

Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this Ordinance and with its principal frontage upon a public street or, in the case of a single-family attached residential development or in the case of office or business development in a Planned Development District, with its principal frontage upon a public street or officially approved place.

115.

LOT AREA:

The net horizontal area of the lot, not including portions of streets and alleys.

116.

LOT DEPTH:

The mean distance between the front and rear lot lines.

117.

LOT LINES:

The lines bounding a lot as defined herein.

118.

LOT OF RECORD:

A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Hunt County, or a parcel of land, the deed for which is recorded in the office of the County Clerk of Hunt County prior to the adoption of ordinance number 706.

119.

LOT WIDTH:

The width of a lot at the front building line.

120.

MAIN BUILDING:

See Building, Principal.

121.

MAJOR PLAT:

Any plat not classified as a Minor Plat, including but not limited to subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by City ordinance.

122.

MINOR PLAT:

A subdivision resulting in four (4) or fewer lots, provided that the plat does not create any new street nor the extension of any municipal facilities to serve any lot within the subdivision.

123.

MANUFACTURED HOUSING:

Any one of three types of prefabricated housing products which are typically manufactured or assembled at a location other than the end user’s permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.). For the purpose of this Ordinance, there are three types of manufactured homes:

MOBILE HOME -

A movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.

HUD-CODE MANUFACTURED HOME -

A movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976.

SINGLE-FAMILY INDUSTRIALIZED HOME (also called Modular Prefabricated Structure or Modular Home) -

123.1.

MASSAGE ESTABLISHMENT:

Any place of business in which massage therapy is practiced by a licensed massage therapist, as defined and licensed by the Texas Department of State Health Services; or a school, which is accredited or certified by a national academic accreditation organization, and which maintains an educational program training persons in the necessary skills and knowledge to obtain a state license as a massage therapist. The term includes a place of business that advertises or offers any service described by a derivation of the terms "massage therapy" or "other massage services."

123.2.

MASSAGE THERAPY:

The manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. Massage therapy may include the use of oil, lubricant, salt glow, a heat lamp, a hot and cold pack, or a tub, shower, Jacuzzi, sauna, steam, or cabinet bath. Massage therapy may include therapeutic procedures, but specifically do not include the diagnosis or treatment of illness or disease, or a service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

124.

MATERIAL RECYCLING COLLECTION CONTAINER:

An accessory structure used solely for the collection and/or temporary storage of used clothing, aluminum or tin cans, glass, paper or plastics which will be distributed to a material recycling facility or other processing or distribution facility. A material recycling collection container shall be located and maintained in the manner prescribed in Section 5-2.12 [5-2.17].

125.

MATERIAL RECYCLING FACILITY:

A facility or establishment used for, or involved in, the collecting, storage, sorting, crushing, breaking up, shredding, compacting, baling, palletizing or wholesale distribution of waste or scrap aluminum or tin cans, glass, paper or plastics and for the collection of tires, motor oil and batteries. Such facility shall not accept or process motor vehicles or motor vehicle parts or accessories (except as noted above), ferrous metal scrap, textile waste or hazardous waste. A material recycling facility shall be located and maintained in the manner prescribed in Section 5-2.12 [5-2.17].

126.

MEDICAL OR DENTAL CLINIC:

A group of offices for one or more physicians, surgeons, or dentists, to treat sick or injured outpatients who do not remain overnight.

127.

MOBILE COLLECTION CENTER FOR SECONDHAND GOODS:

A truck, van, trailer or other vehicle used solely for the collection, sorting and/or temporary storage of used clothing, furniture and appliances which will be distributed to persons or other processing centers for secondhand goods. A collection center for secondhand goods shall be located and maintained in the manner prescribed in Article VIII, Section 8-8 [Article V, Section 5-2.17].

128.

MANUFACTURED HOME PARK:

A parcel of land not less than three (3) acres nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for short- or long-term occupancy by Permitted manufactured homes in designated spaces. The park may include a residence for the owner or manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

129.

MANUFACTURED HOME SPACE:

An area within a manufactured home park which is designed and designated as the location for a single Permitted manufactured home and the exclusive use of its occupants.

130.

MOBILE REDEMPTION CENTER:

A truck, van, trailer or other vehicle used solely for the collection, sorting and/or temporary storage of used aluminum or tin cans, plastic, glass or paper and for which cash refund or redeemable coupons may be issued. A mobile redemption center shall be located and maintained in the manner prescribed in Article VIII, Section 8-8 [Article V, Section 5-2.17].

131.

MOVIE (MOTION PICTURE) THEATER:

An indoor establishment charging admission to the general public for the privilege of observing a motion picture performance. Live or televised performances may also be shown to the public on a limited basis.

132.

MOTEL:

See Hotel or Motel.

133.

MULTI-FAMILY DWELLING:

A room or suite of rooms in a multi-family project or apartment house arranged, designed or occupied as a place of residence by a single-family, individual or group of individuals.

134.

MULTI-FAMILY USE:

Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments, or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

135.

MUSEUM:

See Art Gallery or Museum.

136.

NAME PLATE:

See Sign, Name Plate.

137.

NIGHT CLUB:

See Dance Hall or Night Club.

138.

NONCONFORMING STRUCTURE:

A structure lawfully occupied at the time of the effective date of this Ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. Refer to Section 9-2 of this Zoning Ordinance.

139.

NONCONFORMING USE:

A use of land that was lawful at the time of the effective date of this Ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. Refer to Section 9-2 of this Zoning Ordinance.

140.

NURSERY (in relation to child care):

See Kindergarten or Nursery.

141.

NURSERY (in relation to landscaping sales):

A business establishment, including a building, part of a building or outdoor area, primarily engaged in the growth, display or sale of plants, shrubs, trees, irrigation supplies, and other materials used in indoor or outdoor planting.

142.

NURSING HOME:

(Also referred to as Convalescent Home, Long-Term Care Facility or Skilled Nursing Facility.) A facility providing primarily in-patient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization. Also see ASSISTED LIVING FACILITY.

143.

OCCUPANCY:

The use or intended use of the land of buildings by proprietors or tenants.

144.

OFF-STREET PARKING (ACCESSORY):

Off-street parking spaces provided in accordance with the requirements specified by this Ordinance.

145.

OPEN SPACE:

Property designated for recreational use, including a public park, private park, play lot, plaza or ornamental area intended for use or enjoyment by people. Open space does not include streets, alleys, utility easements, or required setbacks.

146.

ORCHARD:

See Farm, Ranch, Garden or Orchard.

147.

OUTSIDE DISPLAY:

Outside temporary display of finished goods that are specifically intended for retail sale.

148.

OUTSIDE STORAGE:

The keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as outside storage. For the purpose of this definition, "outside" shall mean any area without a roof covering, regardless of whether the area is enclosed or partially enclosed with walls.

149.

PARK OR PLAYGROUND (PUBLIC):

An open recreation facility or park owned and operated by a public agency, such as the municipal park department or school board and available to the general public.

150.

PARKING (COMMERCIAL):

An area or structure devoted to the parking or storage of motor vehicles or trailers for a fee, but not including an auto impoundment yard, a wrecking yard or an auto salvage yard. Such use may include, in the case of a parking structure only, a facility for servicing of motor vehicles, provided such facility is primarily an internal function for use only by motor vehicles occupying the structure and creates no special problems of ingress or egress:[.]

151.

PARKING SPACE:

An enclosed or unenclosed all-weather, dust-free, surfaced area of not less than one hundred eighty (180) square feet, measuring approximately nine (9) feet by twenty (20) feet, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress, without encroaching on the street or alley.

152.

PATIENT HOME (DRUGS OR MENTAL):

An institution offering resident or outpatient treatment to chemically-dependent or mental patients.

153.

PATIO HOME DWELLING:

A single-family detached dwelling constructed with one wall on the lot line, but not physically connected to a building located on any other lot.

154.

PAVEMENT WIDTH:

The improved portion of a street as measured from the back of one curb, extending across the paved surface to the back of the opposite street curb.

154.1.

PAWNSHOP:

An establishment licensed by the Consumer Credit Commissioner under Chapter 371 of the Texas Finance Code that is in the business of lending money on the security of pledged goods or purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.

155.

PERSON:

Any individual, association, firm, corporation, government agency or political subdivision.

156.

PET SHOP (SMALL ANIMALS):

An establishment offering for sale household pets and supplies and grooming service, but excluding the boarding of dogs, cats or other similar animals.

157.

PLANNED DEVELOPMENT:

A land development project comprehensively planned which permits flexibility in various elements of the developed site, including building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features. Such development project adheres to the standards of Article VI of this Zoning Ordinance.

158.

PLANNING AND ZONING COMMISSION:

The agency appointed by the City Council as an advisory body to it and which is authorized to recommend zoning changes.

159.

PLAT:

Refer to Major Plat or Minor Plat.

160.

PLAYFIELD OR STADIUM (PUBLIC):

An athletic field or stadium owned and operated by a public agency for the general public, including a baseball field, golf course, football field or stadium.

161.

PLAYGROUND:

See Park or Playground, Public.

161.1.

PRE-PACKAGED BEER AND WINE RETAIL SALES (NO DRIVE THROUGH):

Business whose primary activity is the sale of pre-packaged beer and wine beverages, for off-premise consumption, with no drive-through facility.

161.2.

PRE-PACKAGED BEER AND WINE RETAIL SALES (DRIVE THROUGH):

Business whose primary activity is the sale of pre-packaged beer and wine beverages, for off-premises consumption, with a drive-through facility including a drive-up window, drive-through building or any other means of conducting sales without requiring customers to exit their vehicles.

161.3.

PRE-PACKAGED LIQUOR RETAIL SALES (NO DRIVE THROUGH):

Business whose primary activity is the sale of pre-packaged liquor beverages, for off-premises consumption, with no drive-through facility.

162.

PRIVATE CLUB:

A club room or suite of rooms or a building available to a restricted membership composed of an association of persons, whether incorporated or unincorporated. The purpose of any such association shall be for the promotion of some common object, and members must be passed upon and elected as individuals by a committee or board made up of members of such club. Said association shall be licensed or permitted by the Alcoholic Beverage Commission of the State of Texas, and as further defined in Article 666 of Vernon’s Annotated Penal Code of the State of Texas, as presently written or as the same be amended or rewritten from time to time hereafter.

163.

PRIVATE EVENT/MEETING HALL:

A privately owned building (excluding churches) or portion of such building, regularly used or leased as a location for a variety of privately sponsored events such as receptions, meetings, classes, reunions, parties, tournaments, fund raisers, exhibitions, and other similar events. A civic or conference center owned and operated by a governmental entity is classified in this Section as a COMMUNITY CENTER.

164.

PRIVATE GARAGE:

An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicle of others, it is a storage space.

165.

PRIVATE SCHOOL:

See College, University, or Private School.

166.

PROPANE SERVICE STATION:

An area or structure devoted to servicing automobiles, other vehicles, or other devices which utilize propane for fuel.

167.

RADIO, TELEVISION, OR MICROWAVE TOWER:

Refer to Section 5-6 of this Zoning Ordinance.

168.

RAILROAD TRACK AND RIGHT-OF-WAY:

Parallel tracks and associated land for the operation of trains, but not including railroad stations, sidings, team tracks, loading facilities, docks, yards, or maintenance areas.

169.

RAILROAD TEAM TRACK:

A siding for spotting, unloading, or loading box cars or other railroad cars. Such area shall be connected to a public street by a drive for access.

170.

RECREATIONAL VEHICLE (RV):

A vehicle that is:

(a)

Built on a single chassis;

(b)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

171.

RECREATIONAL VEHICLE PARK AND CAMPSITES:

An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. For the purpose of this definition, "temporary" means a maximum three-month time period.

172.

RECTORY:

See Church/Temple/Place of Worship.

173.

RESIDENCE:

Same as Dwelling.

174.

RESIDENCE HOME FOR THE AGED:

See Nursing Home.

175.

RESIDENTIAL LOFT DWELLING:

A residential living space that is located on the second floor (or above) of a structure that has a nonresidential use, such as an office or retail shop, operating on the first floor. This definition includes a similarly located space within a structure that has been converted into a residential living area from some other originally intended use.

176.

RESIDENTIAL USE:

Any use permitted by this Ordinance in a residential district.

177.

RESTAURANT (WITH DRIVE-IN SERVICE OR DRIVE-THROUGH SERVICE):

An eating establishment where food or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises. An area may also be provided for the consumption of food the premises.

178.

RESTAURANT (WITH NO DRIVE-IN OR DRIVE-THROUGH SERVICE):

An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.

179.

REVERSE VENDING MACHINE:

A fully enclosed automated machine which accepts and issues a cash refund or redeemable coupons for used aluminum or tin cans, plastic, glass, or paper. A reverse vending machine shall be located and maintained in the manner prescribed in Section 5-2 of this Ordinance.

180.

REVISED SITE PLAN:

A site plan that is approved by the City Council and that is based on major changes to a previously approved site plan. See Section 8-3.

181.

RIGHT-OF-WAY:

A tract of land used or intended to be used, wholly or in part, as a public street, alley, walkway, drain, or utilities access.

182.

ROOMING HOUSE:

See Boarding or Rooming Houses.

183.

ROUTES OR PROGRAMS USING CURB-SIDE CONTAINERS:

Residential curb-side recycling containers must be approved according to city contract guidelines when applicable for franchises or other circumstances, rules, and regulations.

184.

SADDLE SHOPS.

Establishments primarily engaged in the assembly, repair, and/or sale of leather saddles, except that tanning, currying, and finishing hides into leather is prohibited.

185.

SCHOOL, BUSINESS, OR TRADE:

A business organized to operate for a profit and offering instruction and training in a service or art, such as a secretarial school, barber college, beauty school, or commercial art school.

186.

SCHOOL, ELEMENTARY, OR SECONDARY:

A school under sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

187.

SCRAP METAL SALVAGE YARDS:

An establishment primarily engaged in collecting, sorting, breaking up, crushing, and wholesale distribution of metal scrap material.

188.

SCREENED:

Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

189.

SCREENING DEVICE:

A visual and/or physical barrier intended to separate and limit visibility between that which is on either side of the barrier, for example adjacent land uses or particular site elements. Examples of screening devices include walls of stone, brick, block, uniformly colored wood, wrought iron, or other permanent material of equal character; landscaping materials; and berms.

190.

SERVICE STATION:

See Gasoline or Fuel Service Station; Propane Service Station.

191.

SETBACK:

The minimum distance from the property line to the nearest part of a building or structure. Such distance is measured by a line which is perpendicular to the lot line. Where a "yard" or "yard setback" is required, the setback dimension is the same as the minimum yard dimension.

192.

SINGLE-FAMILY ATTACHED DWELLING:

An attached dwelling unit, separated by a fire-rated wall. Such dwelling is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines. Such dwelling is differentiated from a Two-Family (Duplex) dwelling in that there are at least three single-family attached dwellings per grouping.

193.

SINGLE-FAMILY DETACHED DWELLING:

A dwelling designed and constructed for occupancy by one family. Such dwelling is located on a lot or separate building tract and has no physical connection to a building located on any other lot or tract. Same as single-family dwelling.

194.

STABLE (PRIVATE):

An accessory building for quartering horses or other livestock.

195.

STADIUM:

See Playfield or Stadium, Public.

196.

STORAGE WAREHOUSE (INCLUDES MINI-WAREHOUSE):

A structure or group of structures containing separate storage spaces that are leased to individuals, organizations, or businesses for the storage of property. No commercial transactions occur on-site with a storage warehouse, other than the rental of the storage spaces. Also commonly referred to as a Self-Service Storage Facility.

197.

STREET:

A public right-of-way, other than an alley, which provides vehicular access to adjacent land.

198.

STREET LINE:

A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line.

199.

STRUCTURAL ALTERATIONS:

Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

200.

STRUCTURE:

See Building.

201.

SUBDIVISION:

A division or re-division of any tract of land situated within the City’s corporate limits, or within the extraterritorial jurisdiction of the City, into two (2) or more parts for the purpose, whether immediate or future, of sale, division of ownership, or building development. "Subdivision" includes re-subdivisions of land or lots which are part of a previously recorded subdivision.

202.

SUBDIVISION, MAJOR:

Refer to MAJOR PLAT.

203.

SUBDIVISION, MINOR:

Refer to MINOR PLAT.

204.

SWIM OR TENNIS CLUB:

A private recreational club with restricted membership, usually of less area than a country club but including a club house and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public.

205.

SWIMMING POOL (PRIVATE):

A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or multi-family dwelling and located and fenced in accordance with the regulations of the City of Greenville. A private swimming pool is not operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

206.

TATTOO PARLOR:

An establishment whose principal business activity is the practice of one or more of the following: 1) the placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; and/or 2) the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This term does not include the accessory use of establishing permanent makeup, as described under the definition herein of BARBER OR BEAUTY SHOP.

207.

TELEPHONE EQUIPMENT:

Refer to Section 5-6 of this Zoning Ordinance.

208.

TEMPORARY CONSTRUCTION OFFICE:

A structure or shelter, subject to removal by order of the City Planner, used in connection with a development or building project for on site housing of temporary administrative and supervisory function and for sheltering employees and equipment.

209.

THOROUGHFARE:

See street.

210.

TRUCK STOP:

A facility for the parking, refueling and/or minor repair of heavy load tractor-trailer trucks. Additional facilities such as retail sales of food and/or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters may be included as part of a truck stop subject to the conditions of a Conditional Use Permit[.]

211.

TRAVEL TRAILER SALES OR DISPLAY:

A lot or area for trailers of rigid frame construction and designed for recreational use.

212.

TWO-FAMILY DWELLING (DUPLEX):

A residential building containing two attached dwelling units, each designed to be occupied by one family (i.e., the building is occupied by not more than two families). Such building is designed and constructed with two dwelling units under a single roof for occupancy by two families.

213.

UNIVERSITY:

See College.

214.

VARIANCE:

An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special circumstances or conditions peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

215.

VIDEO ARCADE:

An amusement enterprise that is wholly enclosed in a building that contains ten (10) or more amusement game devices. An amusement game device means any electrical or mechanical apparatus or device for which payment is charged for use as a game or contest, including video games and pinball machines. This definition expressly does not include any type of adult or sexually oriented business. The building in which this enterprise is operated is treated acoustically so the noise generated by the enterprise is not perceptible at the bounding property line.

216.

WELDING SUPPLY STORE (Without Gas):

A business primarily engaged in the sale and distribution of welding supplies, including wire and electrodes, torches, regulators, safety supplies and equipment, abrasives, welding machines, and power and hand tools.

217.

WELDING SUPPLY STORE (With Gas):

Welding supply businesses that include the sale of industrial, specialty, and medical gases, including Oxygen, Acetylene, Nitrogen, Argon, Carbon Dioxide, Helium, Chlorine, Liquid Nitrogen, Nitrous Oxide. For stores adhering to this definition, pressurized gas containers are not filled on site.

218.

WRECKING OR SALVAGE YARD:

Any lot or parcel, or part thereof, including automobile graveyards where a salvage vehicle, or parts thereof, are located for the purposes of resale as parts or parts as salvage only.

219.

YARD:

An open space other than a court, on the lot in which a building is situated and which is not obstructed from a point of forty (40) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

220.

YARD, FRONT:

An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

221.

YARD, REAR:

An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed to be a side line.

222.

YOUTH SPORTS AND RECREATIONAL FACILITIES:

An establishment operated by a non-profit organization, such as the Boys & Girls Club or YMCA, whose primary purpose is to offer youth sports and recreation services including, but not limited to, swimming, basketball, tennis, soccer, and baseball.

223.

ZONING DISTRICT MAP:

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance.

(Ordinance 08-059, ex. A, adopted 5/27/08; Ordinance 10-018 adopted 2/9/10; Ordinance 10-026 adopted 3/9/10; Ordinance 11-005 adopted 1/11/11; Ordinance 11-025 adopted 4/12/11; Ordinance 20-049 adopted 8/11/20; Ordinance 23-028 adopted 9/26/2023)