City of Red Oak, TX BASIC DEFINITIONS AND INTERPRETATIONS

14.1.1

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word “shall” is mandatory and not directory.

14.1.2

Specific Definitions

[1]

ACCESSORY BUILDING -

a subordinate or incidental structure attached to or detached from a main or principal building, which does not have sleeping quarters, but may contain a lavatory and/or kitchen, and which is not used as a dwelling unit or for any commercial purpose.

ACCESSORY DWELLING UNIT -

an accessory building attached or detached from the main dwelling unit intended to be used as a residence for blood relatives of the residents of the main dwelling unit located on the lot.

ACCESSORY USE -

shall mean a use that constitute less than 10 percent (10%) of the public use floor space dedicated to the primary use and be subject to the primary use hours of operation.

ADMINISTRATIVE OFFICIAL -

the City Manager, or the Manager’s designated representative, responsible for enforcing and administering the terms of this ordinance.

ADULT DAY CARE -

shall mean a facility providing adult day care on a daily basis but not overnight to four (4) or more elderly and/or functionally impaired adults who are not related by blood, marriage or adoption to the owner of the facility.

AGRICULTURAL OR UTILITY TRAILER SALES -

an establishment that offers for sale or display agricultural and/or utility trailers.

AIRPORT -

a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

ALLEY -

a minor right-of-way dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

AMUSEMENT ARCADE (ALSO VIDEO ARCADE) -

any building, room, place or establishment of any nature or kind and by whatever name called, where more than two (2) amusement devices are operated for a profit, whether the same be operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. Provided, however, the term “amusement device,” as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines designed exclusively for children and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

ANIMAL, LARGE -

any animal that attains a weight of one hundred twenty-five (125) pounds or greater at maturity. Dogs are not considered large animals.

ANIMAL POUND WITH RUNS -

a facility that provides temporary homes for stray, surrendered or abandoned pet animals, in an enclosed building and in outside pens or runs enclosed by a permanent type of fencing.

ANTENNA -

an instrument or device designed for transmitting or receiving any portion of the radio or microwave spectrum by residential uses and for noncommercial purposes.

ANTENNA (CB RADIO OR AMATEUR RADIO) -

antennae not exceeding 35 feet (40') [sic] in height above the ground elevation at the base of the tower, pole, structure or support.

ANTENNA (COMMERCIAL OR MICROWAVE TOWER) -

an antenna in excess of 35 [feet] in height from the base primarily used for commercial broadcasting. Also referred to as a microwave tower.

ANTIQUE SHOP (INDOOR ONLY) -

a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.

ATHLETIC FIELD -

a field(s) and/or structure used for sporting events with associated spectator seating, either permanent or temporary.

AUTO RENTAL -

storage, leasing or renting of automobiles, motorcycles and light load vehicles.

AUTO PARKING LOT OR GARAGE -

an area or structure designed for the parking of motor vehicles.

AUTO PARTS OR ACCESSORY SALES (RETAIL) -

an establishment used for indoor display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

AUTO PARTS, SALES IN OPEN -

the outside display of new or used parts for automobiles, panel trucks or vans, trailers, or recreational vehicles offered for sale.

AUTO STORAGE -

the storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution or storage.

AUTOMOBILE -

a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, the following: passenger cars, trucks, buses, motor scooters and motorcycles.

AUTOMOBILE REPAIR GARAGE -

an establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.

AUTOMOBILE REPAIR (MAJOR) -

the general repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under “Automobile Repair, Minor”; and other similar uses.

AUTOMOBILE REPAIR (MINOR) -

the minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspections; normal servicing of air conditioning systems and other similar minor services for motor vehicles, except heavy load vehicles, but not including any work or repair included under the definition of the term, “Automobile, Major,” engine degreasing or similar automobile cleaning services or any other similar use. This term also includes a facility which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing, as well as installation of after-market accessories such as window tinting, auto alarms, stereos, speakers, spoilers, sunroofs, headlight covers and similar “bold on” or applied items or services.

BAKERY OR CONFECTIONERY SHOP, RETAIL -

an establishment engaged in selling of baked goods and confectioneries to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

BAKERY OR CONFECTIONERY WHOLESALE -

a manufacturing facility for the production and distribution of baked goods and confectioneries.

BANK, SAVINGS AND LOAN, OR CREDIT UNION -

an establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

BANK, SAVINGS AND LOAN, OR CREDIT UNION - DRIVE-IN ONLY -

a drive-in only establishment for the custody, loan, exchange or issue of money and/or facilitating the transmission of funds.

BASEMENT (OR CELLAR) -

a building story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

BED AND BREAKFAST -

a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.

BEAUTY OR BARBER SHOP -

an establishment primarily engaged in providing services involving the care of the person including, but not limited to, the cutting and trimming of hair, hair color, waxing, and nail manicures.

BEVERAGE STORE -

A retail establishment whose primary business is the sale of pre-packaged beverages for off-premise consumption.

BLOCK -

a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

BOARD OF ADJUSTMENT -

a board appointed by the City Council, authorized to hear and decide any special exception which the Board is authorized by ordinance or law to grant. The Board shall also have the power to authorize variances from the Zoning Ordinance and render determinations on appeals from certain decisions of the Administrative Official and such other powers as the City Council may grant.

BOARDING HOUSE -

A building or place where boarding units and/or lodging is provided by prearrangement for define [definite] periods, for compensation to three or more persons, not open to transient or itinerant guests, in contradistinction to hotels or a motel.

BOARDING OR LODGING UNIT -

Any room or group of rooms a habitable unit used or intended to be used for living or sleeping, but not used for cooking, eating purposes or recreation.

BOOK STORE, RETAIL -

an establishment engaged in the selling of books, magazines, newspapers and other literary items to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

BOTTLE WORKS FACILITY, WHOLESALE -

a facility where soda, water, etc. is bottled and packaged for the wholesale market rather than for direct sales.

BUILDING -

any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

BUILDING HEIGHT -

the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or a decline [deck line] of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

BUILDING LINE -

a line parallel or approximately parallel to the street line established a distance away from ROW or any lot line beyond which no part of a building shall project, except as otherwise provided in the Zoning Ordinance.

BUILDING, MAIN OR PRIMARY -

a building in which the principal use of the lot on which it is situated is conducted. In a residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

BUILDING MATERIAL/LUMBER YARD -

an establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise.

BUILDING OFFICIAL -

the Public Works Director, charged with the administration and enforcement of issuing permits and enforcing the Zoning Ordinance and the Building Code.

BUSINESS SERVICE -

an establishment primarily engaged in providing services, not elsewhere classified, to business enterprises on a fee contract basis, and including but no limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing.

BUTANE STORAGE AND SALES -

a facility used for the bulk storage and sale of butane to the general public and rendering services incidental to the sale of such goods.

CABINET MAKING SHOP -

an establishment for the production, display and sale of cabinets.

CAMERA AND PHOTOGRAPHY SUPPLY -

an establishment engaged in the selling of camera and photography supplies and equipment to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

CARPORT -

A building or structure detached or attached as part of the main dwelling or structure designated for the primary purpose of storing motor vehicles and which structure is open to the weather on at least one side.

CAR WASH -

a drive-through only stand-alone facility where a customer can have a motorcycle, automobile, and light load vehicle washed in exchange for financial consideration.

CAR WASH, AS ACCESSORY USE -

a drive-through only facility, incidental to the primary use, where a customer can have a motorcycle, automobile, and light load vehicle washed in exchange for financial consideration.

CAR WASH, DETAIL -

a facility that offers a full-service center for the cleaning, detailing, and waxing of a motorcycle, automobile or light load vehicle in exchange for financial consideration.

CAR WASH, SELF-SERVE -

a facility, typically coin-operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

CATERING SERVICE -

an establishment that serves and supplies food to be consumed off-premises; a service that provides meals and/or refreshments for public or private entertainment for a fee, provides food and incidental service for a social affair or for a private dwelling, but does not use commercial vehicles that are equipped in any manner for purposes of transporting food to be sold directly from such vehicles.

CEMETERY -

land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including crematories and mausoleums.

CERTIFICATE OF OCCUPANCY -

an official certificate issued by the City through the Building Official, which indicates conformance with or approved conditional waiver from the zoning regulations and other applicable City regulations and ordinances and authorizes legal use of the premises for which it is issued; may be referred to as an Occupancy Permit.

CHARITABLE ORGANIZATION (OTHER THAN A CHURCH) -

a trust, company or unincorporated association established for charitable purposes only (also known as a charity or foundation). This term also includes other organizations granted tax-exempt status by the United States Internal Revenue Service.

CHECK-CASHING/PAY-DAY LOAN FACILITY -

shall mean a person or a business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose or provides loans to individuals in exchange for personal checks as collateral. Check-cashing/pay-day loan facility does not include a state or federally chartered bank, savings association, credit union, or industrial loan company, or a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders as a service that is incidental to its mail [main] purpose or business.

CHEMICAL PRODUCTS, BULK STORAGE -

a facility used for the bulk storage of chemical products to be sold to the wholesale market, rather than for direct sales to the domestic consumer.

CHURCH OR RECTORY -

a building for regular assembly for religious worship which is used primarily and a designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns, or rabbis on the premises.

CITY -

the City of Red Oak, Texas.

CITY COUNCIL -

the governing body of the City of Red Oak, Texas.

CITY ENGINEER -

the duly authorized person in charge of engineering for the City, or his designated representative.

CLEANING PLANT (OTHER THAN CLOTHING AND LINEN) -

an establishment engaged in the cleaning of products other than clothing and linen, characterized by power-driven machines and material handling equipment. Cleaning is usually carried on for the wholesale market rather than for the domestic consumer.

CLOTHING MANUFACTURING OR LIGHT FABRICATION AND ASSEMBLY -

manufacturing of finished products or parts, predominately from previously prepared materials, including fabrication, assembly and packaging of such products and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

CLOTHING OR APPAREL STORE -

an establishment engaged in the selling of clothing or apparel to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

COLLEGE OR UNIVERSITY -

an academic institution of higher learning, accredited or recognized by the State and offering programs of academic study.

COMMERCIAL AMUSEMENT, INCLUDING OUTDOOR USES -

an outdoor area or structure open to the public which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-kart tracks, water slides and carnivals.

COMMERCIAL AMUSEMENT, INDOOR ONLY -

an amusement or entertainment enterprise wholly enclosed and operated within a building, including, but not limited to a bowling alley, skating rink, health club, racquetball club, bingo parlor, indoor tennis court, swimming pool or nautilus facility.

COMMERCIAL EVENT CENTER -

a facility located on private property that primarily functions to provide a facility for any type of social gathering and consisting of multipurpose meeting and/or recreational facilities, typically consistent [consisting] of one or more meeting or multipurpose room[s] and a kitchen and/or outdoor barbecue facilities, that are available for use by various private groups for such activities as meetings, parties, weddings, receptions and dances.

A commercial event center shall provide parking at a ratio of one parking space for each two and one-half people allowed on-site and one parking space for each permanent employee.

Maximum occupancy for buildings on-site shall be determined by the Fire Marshal in accordance with the standards and guidelines set forth with the current adopted edition of the International Fire Code (IFC) and the most recent editions of National Fire Protection Association (NFPA) codes.

All construction shall be in accordance with commercial construction standards under the Code of Ordinances.

COMMERCIAL MESSAGE -

a message which refers to the offer for sale or existence for sale of products, property, accommodations, services or attractions or attracts attention to a business or to products, property, accommodations, services, or activities that are offered or exist for hire.

COMMISSION -

same as Planning and Zoning Commission.

COMMON AREA -

a privately owned open space set aside within a development for recreational or other use by residents or occupants of the development in which the area is established, owned and maintained by the homeowners’ or property owners’ association.

COMMUNITY CENTER -

a building or complex of buildings that house cultural, recreational, athletic, offices, or entertainment facilities owned and/or operated by a governmental agency, private nonprofit agency or private agency.

COMPREHENSIVE PLAN, MASTER PLAN -

shall mean a series of planning documents intended to guide the growth and development of the City and its adjoining areas, including, but not limited to, the City’s Comprehensive Land Use Plan, Future Land Use plan, Parks, Open Space and Trails Master Plan, Thoroughfare Plan, Stormwater Management Plans, and Master Utility Plans.

COMPUTER AND/OR DATA PROCESSING SERVICES -

a facility that offers sales and service of computer equipment and software.

CONCEPT PLAN -

The drawings and documents which establish the basic development intent for one or more tracts of land and sets up the conditions for more detailed planning and regulations of development.

CONCRETE OR ASPHALT BATCHING PLANT (PERMANENT) -

a permanent manufacturing facility for the production of concrete or asphalt.

CONCRETE OR ASPHALT BATCHING PLANT (TEMPORARY) -

a temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

CONSTRUCTION YARD TEMPORARY -

a storage yard or assembly yard for building materials and equipment directly related to a specific construction project and subject to removal at completion of construction.

CONTRACTOR'S SHOP AND STORAGE YARD, OUTSIDE -

a building, part of a building, or land area for the construction or storage of materials, equipment, tools, products and vehicles.

CONVENIENCE STORE WITH GAS PUMPS -

a retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption. This term also includes the dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile repair or the sale of replacement parts.

CONVENIENCE STORE WITHOUT GAS PUMPS -

a retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption.

COUNTRY CLUB (PRIVATE) -

a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

COURT -

an open, unobstructed space, bounded on more than two sides by the wall of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one open side to a street, alley, yard, or other permanent open space.

COVERAGE -

the area physically covered by all buildings located on a lot or parcel, including the area covered by all overhanging roofs.

CUL-DE-SAC -

that street or part of a street having one common entry and exit and no other entry and/or exit.

CURVILINEAR IN DESIGN -

any street segment which is designed with a degree of curvature not less than 3° 30' and not greater than 22° 55', and which shall offset a minimum distance of thirty (30) feet, said offset being measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear streets shall utilize the centerline of all interior streets.

DAY CARE CENTER, CHILD -

a commercial facility designed for the care of four (4) or more children during the hours of 6:00 a.m. to 10:00 p.m. The term “day care center” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services or a school. This use is subject to registration with the Texas Department of Protective and Regulatory Services.

DAY CARE CENTER, IN-HOME -

a home occupation that provides care for less than 24 hours a day to no more than six children under the age of fourteen, plus no more than six additional elementary school-age children (age five to thirteen). The total number of children, including the caretaker’s own children, is no more than twelve at any time. The term “day care center” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services or a school. This use is subject to registration with the Texas Department of Protective and Regulatory Services.

DEAD-END STREET -

a street other than a cul-de-sac with only one outlet.

DEPARTMENT STORE -

a business which is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished not including prepackaged, fresh produce or meat or food items.

DEVELOPER -

the owner of land proposed to be developed or the developer’s representative.

DEVELOPMENT PLAN -

Several documents, which together, contain the details of development of one or more tracts of land, the public and private improvements to be constructed on the land, and the specific conditions for development.

DISCOUNT VARIETY STORE -

A retail store that sells a wide variety of unrelated merchandise items and services, including prepackaged foods, fresh produce and/or meats with a gross floor area of 12,001 SF or less.

DISTRIBUTION AND FULFILLMENT CENTERS -

A facility where goods or products are stored on-site temporarily for the purpose of delivery to a retailer or other final destination. Such facilities may include automated systems, office space and a pick and pack area to be used by employees for sorting and packaging goods and products for delivery from available, on-site inventory, and shall not include or be interpreted as an Office Showroom/Warehouse with an accessory delivery/distribution use, or to include a facility to store components for manufacturing or fabrication.

DISTRICT, ZONING -

any section or sections of the City for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

DONATION BOX -

any drop-off box, container, or other receptacle that is intended for use as a collection point for accepting donated textiles, clothing, shoes, books, toys, dishes, household items, or other salvageable items of personal property.

DRIVE-THROUGH FACILITY -

an indoor business establishment that sells food or beverages for off-premise consumption through an interior window, or structure designed to serve customers in vehicles passing through the structure containing the business.

DRIVE-UP FACILITY -

an indoor business establishment that sells food or beverages for off-premise consumption through an exterior window designed to serve outside customers in vehicles.

DRIVING RANGE -

an area equipped with distance markers, clubs, balls and tees for practicing golf shots.

DRUG STORE OR PHARMACY -

an establishment engaged in the selling of over-the-counter and prescription medications and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

DWELLING -

any building or portion thereof, designed or used as living quarters for one or more families, but not including a mobile home. (See Mobile Home)

DWELLING, MULTIPLE-FAMILY -

a building or portion thereof arranged, intended to be occupied as dwellings by three or more families living independently of one another, and not a hotel or motel.

DWELLING, SINGLE-FAMILY -

a detached dwelling designed to be occupied by not more than one family.

DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE) -

a dwelling that is part of a structure containing three or more units, each designed for occupancy by one family.

DWELLING, TWO-FAMILY, "DUPLEX" -

a detached dwelling designed to be occupied by two families living independently of each other.

DWELLING UNIT (MODEL) -

a single-family dwelling in a developing subdivision located on a lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

DYE PLANT -

a facility engaged in the chemical transformation of materials or substances through the process of dyeing the product to be distributed or sold to the wholesale market.

EASEMENT -

a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

ELECTRICAL SUBSTATION -

a subsidiary station in which electric current is transformed.

ENGINEER -

a person who has been licensed and registered by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in this state and listed in State Records as “Civil.”

EQUESTRIAN CENTER -

Primary purpose shall be boarding stables, and riding schools and academies, but does not include horse exhibition facilities (for shows or other competitive events), commercial horse, donkey, and mule facilities including horse ranches, pack stations, and barns, stables, corrals and paddocks accessory and incidental to such uses[.] Equestrian Centers are subject to the Code of Ordinances. Parking shall be determined as a special condition based on intended use.

EQUIPMENT RENTAL, INDOOR ONLY -

a building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not limited to, lawn mowers, tools, and other small machinery.

EQUIPMENT RENTAL, OUTSIDE STORAGE -

a building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.

ERECT -

to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure.

EXTRATERRITORIAL JURISDICTION (ETJ) -

the unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the City, the outer boundaries of which are measured from the extremities of the corporate limits outward for such distances as prescribed in Chapter 42 of the Texas Local Government Code, as amended, according to the total population of the City and by interlocal agreements with surrounding cities.

FACING OR SURFACE -

the surface of the sign, upon, against or through which the message is displayed or illustrated on the sign.

FAIRGROUND OR EXHIBITION AREA -

an area where outdoor fairs, circuses, or exhibitions are held.

FAMILY -

One or more persons who are related by blood, marriage, adoption, or foster assignment, or a group of persons, including not more than three adults, living together as a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis.

FAMILY HOME or COMMUNITY HOME -

A community based residential home or assisted living facility which qualifies as a community home under Section 123.004 of the Texas Human Resources Code, as amended, and which houses not more than six persons with disabilities and two supervisors. A community home is considered a single-family residential use.

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 and including necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

FEDERAL OR STATE FACILITY (THE INDOOR) -

any building or facility owned, used, leased or operated by Federal or State Government, not to include any area around the building or facility.

FEDERAL OR STATE FACILITY (THE OUTDOOR) -

any area or land owned, used, leased, or operated by Federal or State Government, not to include any building or facility located on the area or land.

FEED STORE, NO OUTSIDE STORAGE -

an establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery and with no outside storage.

FEMA -

the Federal Emergency Management Agency or its successor agency.

FIELD CONSTRUCTION OFFICE -

a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project.

FLOODPLAIN -

an area of land along a stream course subject to periodic inundation.

FLOOR AREA -

the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages and breezeways.

FLORIST, RETAIL -

an establishment for the display and retail sale of flowers, small plants and accessories.

FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB -

an organized group having a restricted membership and specific purposes related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus or a labor union.

FUNDRAISING EVENT -

an event to raise funds for disaster relief, a bake sale, ticket sale, car wash or similar event conducted for the sole purpose of raising funds to support a nonprofit organization or charitable organization.

FURNITURE, HOME FURNISHINGS OR APPLIANCE STORE -

a retail store selling goods for furnishing the home, including but not limited to, furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.

GARAGE APARTMENT -

a dwelling unit for one family erected in conjunction with a garage.

GARAGE, PARKING -

any building or portion thereof used for the storage of four (4) or more automobiles in which any servicing provided is incidental to the primary storage use, and where repair facilities are not provided.

GARAGE, PRIVATE -

an enclosed (on at least three (3) sides) accessory building or a part of a main building used for storage of automobiles and used solely by the occupants and their guests.

GARAGE SALE -

an occasional sale by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling the goods at retail, and which is confined to the garage and/or patio of the premises.

GENERAL COMMERCIAL PLANT -

an establishment other than personal service shops for the treatment and/or processing of products as a service on a “for” profit basis, including, but not limited to, newspaper printing, laundry plant or cleaning and dyeing plants.

GENERAL MANUFACTURING -

see Industrial, General.

GENERAL RETAIL STORE -

a retail store which sells several lines of merchandise, including, but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware and food, such as a department store, variety store, general merchandise store, general store, etc.

GIFT, NOVELTY OR SOUVENIR SHOP -

an establishment engaged in the selling of gifts, novelty items and souvenirs to the general public for personal use and rendering services incidental to the sale of such goods.

GOLF COURSE -

an area of twenty (20) acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.

GREENHOUSE, COMMERCIAL -

an establishment for the cultivation and propagation, display, storage of live trees, shrubs or plants for sale to the wholesale market rather than for direct sales.

GROCERY STORE

– an establishment primarily engaged in selling food, beverage and merchandise where at least a minimum of 30% of the gross floor area is dedicated to selling fresh food, produce, meat, bakery, delicatessen and/or combination thereof to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

GROSS SURFACE AREA OF SIGN -

the entire area within a single continuous perimeter enclosing the extreme limits of a sign.

GYMNASTIC OR DANCE STUDIO -

a building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

HANDICRAFT OR ART OBJECT SALES STORE -

an establishment engaged in the selling of arts and crafts to the general public for personal use and rendering services incidental to the sale of such goods.

HARDWARE STORE (NO OUTSIDE STORAGE) -

a facility for the inside display, sale or storage of home improvement products including carpentry, household, hand and power tools, and do-it-yourself supplies.

HEALTH OR EXERCISE CENTER -

an establishment operated to promote physical health and fitness, activities including exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses of facilities would typically include, but are not limited to: game courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.

HEAVY LOAD VEHICLE -

a self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds, such as a large recreational vehicle, tractor-trailer, bus, van, or other similar vehicle. The term “truck” shall be construed to mean “Heavy Load Vehicle” unless specifically stated otherwise.

HEAVY MACHINERY SALES, SERVICE OR STORAGE -

a building or open area, other than a right-of-way or public parking area, used for the display, sale, service or storage of heavy machinery, either machines in general or a group of machines which function together as a unit.

HELIPORT -

an area of land or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

HELISTOP -

the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

HIGHWAY CONTROL ZONE -

all zoned and unzoned commercial and industrial areas within six hundred sixty (660) feet of the nearest edge of the right-of-way of all portions of the interstate or primary highway systems within the State of Texas, as further defined in the Highway Beautification Act.

HOBBY, TOY OR GAME SHOP -

an establishment engaged in the selling of toys, games and items of interest for those who engage in hobbies to the general public for personal use and rendering services incidental to the sale of such goods.

HOME IMPROVEMENT STORE (WITH LESS THAN 25% OUTSIDE STORAGE) -

an establishment engaged in the selling of materials customarily used in the remodeling and construction of buildings, homes, and other structures with less than 25% of outside storage of materials or merchandise, including plants and landscaping supplies.

HOME OCCUPATION -

an occupation that is carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises only, which is clearly incidental and secondary to the use of the premises for residential purposes, and which can be conducted without any significantly adverse impact on the surrounding neighborhood.

HOSPITAL -

an institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, x-ray, and the prolonged care of bed patients.

HOTEL -

a building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, maid service and telephone are provided. Hotel room units are accessed through doorways into an internal hallway, courtyard or lobby. Financial consideration for Hotel room units is generally calculated on a nightly basis.

HOUSEHOLD APPLIANCE SERVICE AND REPAIR -

the maintenance and rehabilitation of appliances customarily used in the home, including but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens, ranges, countertop kitchen appliances, vacuum cleaners and hair dryers.

INCOMBUSTIBLE MATERIAL -

any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

INDUSTRIAL, GENERAL -

an establishment engaged in the manufacturing or transformation of materials into new products such as a plant or factory and which characteristically uses power-driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sales to the domestic consumer.

INDUSTRIAL PARK -

a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

JANITORIAL SUPPLY/SERVICE SHOP -

a building, part of a building or area used for the tools, products, materials, vehicle fleets or services related to a janitorial supply/service shop.

JEWELRY STORE -

an establishment engaged in the selling of jewelry to the general public for personal use and rendering services incidental to the sale of such goods.

KENNELS -

a commercial establishment with indoor or outdoor pens in which more than four (4) dogs are domesticated animals are housed, groomed, boarded, trained or sold, all for a fee or compensation.

KENNEL (BREEDING) -

Any kennel lawfully located on a premises zoned for such use as an SUP, wherein dogs registered with a nationally recognized registration organization, over the age of three months are owned, kept, or harbored for the purpose of breeding purebred or pedigreed dogs, provided, however, this definition shall not apply to zoos or to animal hospitals operated by veterinarians duly licensed under the law.

KEY SHOP -

an establishment primarily engaged in providing, installing, and repairing keys and locks.

KIOSK -

a small freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes or the posting of temporary information and/or posters, notices and announcements.

LANDSCAPING -

material such as grass, ground covers, shrubs, vines, trees or palms, and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving and weeds.

LAUNDRY/DRY CLEANING PLANT, COMMERCIAL -

a facility of 5,000 square feet or more equipped for commercial laundry and dry cleaning operations and storing solvents and cleaning compounds on the premises.

LAUNDRY/DRY CLEANING - PICKUP ONLY -

a facility used for picking up individual consumer’s laundry and/or dry cleaning without dry cleaning equipment located on the premises.

LAUNDRY/DRY CLEANING PLANT, RETAIL WITH PICKUP FACILITIES -

a facility of less than 5,000 square feet in gross floor area offering retail services to the public, equipped for commercial laundry and dry cleaning operations, and storing solvents and cleaning compounds on the premises.

LAUNDRY, SELF-SERVICE -

an unattended facility with coin-operated washing machines and/or dryers available for the use of the general public. This does not include laundry facilities provided as an accessory use for the benefit of the residents or tenants of multifamily dwelling units.

LIGHT LOAD VEHICLES -

a self-propelled vehicle having a manufacturer’s recommended gross vehicle weight (GVW) not greater than eleven [thousand] (11,000) pounds and having no more that [than] two (2) axles, such as pickup trucks, vans, recreational vehicles, campers and other similar vehicles but not including automobiles and motorcycles.

LIGHT MANUFACTURING -

the manufacturing of finished products or parts, predominately from parts [sic], predominately from previously prepared materials, including fabrication, assembly and packaging of such products and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

LOAD CAPACITY -

the load capacity of any vehicle shall be the weight of the heaviest net load to be carried on the vehicle, provided said net load capacity shall in no case be less than the manufacturer’s rated load capacity.

LOADING SPACE -

an off-street space or berth used for the delivery and loading or unloading of vehicles.

LOT, OR LOT OF RECORD -

any tract or parcel or a part of a recorded subdivision which is occupied or intended to be occupied by one main building, or a group of main buildings, and accessory building and uses, including such open spaces as are required by this Ordinance and other laws or ordinances. A lot shall be a part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Ellis County.

LOT, AREA -

the total area, measured on a horizontal plane, included within lot lines.

LOT, CORNER -

a lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five [degrees] (135°).

LOT, DEPTH -

the mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE -

a lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, FLAG OR PANHANDLE -

a lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twelve (12) feet.

LOT FRONTAGE -

that dimension, line or side of a lot or portion of a lot abutting on a street excluding the side dimension, line or side of a corner lot.

LOT LINE, FRONT -

the narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front line in establishing minimum setback lines.

LOT, INTERIOR -

a lot other than a corner lot.

LOT, KEY -

a corner lot that is so designated that the lots located directly behind it face the side street of the corner lot and are not separated by an alley, shall be considered a key lot.

LOT LINE, REAR -

the lot line farthest from and most parallel to the front line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero (See illustration 15).

LOT LINE, SIDE -

any lot line not the front or rear lot line (See illustration 15).

Editor’s note–The illustration referred to in “Lot Line, Rear” and “Lot Line, Side” above is not printed herein.

LOT LINES -

the lines bounding a lot as defined herein.

LOT WIDTH -

the horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line (See illustration 15).

Editor’s note–The illustration referred to in “Lot Width” above is not printed herein.

LUGGAGE OR LEATHER GOODS STORE -

an establishment engaged in the selling of luggage and/or leather goods for personal use and rendering services incidental to the sale of such goods.

MACHINE OR WELDING SHOP -

a workshop where metal fabrication tools or welding tools and equipment are used for making, finishing or repairing machines or products related to a machine or welding shop.

MAIN BUILDING OR PRINCIPAL BUILDING -

the building or buildings on a lot which are occupied by the primary use.

MAINTENANCE OR REPAIR SERVICES OF BUILDINGS -

a building, [or] part of a building used for the tools, products, materials or service related to a maintenance or repair service shop of buildings.

MASONRY CONSTRUCTION -

exterior construction materials including brick, stone, stucco, granite, marble, concrete and other built-up/tilt panels, and excluding wood, metal, hardiplank or cement fiberboard.

MASS GATHERING AREA -

any place maintained, operated, or used for a mass gathering or assemblage, except where the mass gathering is to occur within an established permanent stadium, arena, auditorium or other similar permanent building and has sufficient existing permanent sanitary facilities and parking to handle the expected number of persons.

MASS GATHERING EVENT -

a group of 100 or more persons assembled together for a meeting, festival, social gathering, entertainment, scheduled event or other similar event in a mass gathering area.

MASSAGE ESTABLISHMENT -

any place of business in which massage therapy is practiced by a massage therapist, as defined by State Law. “Massage therapy” as a health care service, means manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), Compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, sale [salt] glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for massage and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

MAUSOLEUM -

property used for the interring of the dead and where bodies are interred above ground in staked vaults.

MEDICAL OR DENTAL LABORATORY -

a facility which performs procedures of tissues including blood, secretions, [and] excretions of the human body to obtain information in diagnosing, preventing or treating disease; a facility where technicians make and repair dental restorations and appliances such as crowns and bridges, orthodontic appliances, dentures and other dental appliances.

MINI-WAREHOUSE/STORAGE -

a building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit.

MISCELLANEOUS RETAIL STORE -

an establishment engaged in the retail sale of specialized lines of merchandise not elsewhere classified, including but not limited to drug[s], apparel and accessories, handcraft[s] and pastries.

MOBILE HOME -

a structure constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems, or as the term is amended under Chapter 1201 of the Texas Occupations Code.

MOBILE HOME DISPLAY AND SALES -

the offering for sale, storage or display of trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings, either on a temporary or permanent basis.

MODULAR HOME (OR INDUSTRIALIZED HOUSING) -

a structure or building module as defined under the jurisdiction and control of the Texas Highway Department of Labor Standards [sic] and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used 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 a mobile home, nor does it include building modules incorporating concrete or masonry as the primary structural component.

MORTUARY OR FUNERAL PARLOR -

a place used for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

MOTEL -

a building or group of buildings used composed of multiple dwelling rooms as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, maid service, and telephone are provided. Each motel room unit has direct access to the outside and financial consideration for motel room units is generally calculated on a nightly basis.

MOTORCYCLE -

a two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this ordinance, motorbikes, motor scooters, mopeds and similar vehicles are classified as motorcycles.

MOTORCYCLE SALES [AND] SERVICE -

the display, sale and servicing, including repair work of motorcycles.

MOTOR FREIGHT TERMINAL -

a facility or area in which freight is brought by motor truck, assembled and is stored for interstate or intrastate shipment by motor truck. A motor freight terminal is a truck terminal.

MOTOR VEHICLE -

any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as an automobile, truck, motorcycle or bus.

MULTIFAMILY LOFT APARTMENTS -

a room or suite of rooms arranged, designed or occupied as a place of residence by a single family, individual or group of individuals that are located above the lower level with the lower level being a commercial use permitted by this Ordinance.

MULTIFAMILY RESIDENTIAL IN DOWNTOWN HISTORIC DISTRICT ONLY -

attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels, in the Historic District.

MULTIPLE-FAMILY BUILDING -

same as Dwelling, Multiple-Family.

MULTIPLE-FAMILY RESIDENCE -

same as Dwelling, Multiple-Family.

MUNICIPAL FACILITY -

any area, land, building, structure, and/or facility owned, used, leased, or operated by the City, including but not limited to: administrative office, maintenance facility, fire station, library, sewage treatment plant, police station, water tower, service center, park, heliport, helistop, and golf course.

MUSEUM, LIBRARY OR ART GALLERY -

a building for the collection, display and distribution of books, natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.

NEW CAR SALES LOT -

retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and automobile service.

NEW HOMEBUILDER DIRECTIONAL SIGN -

shall mean a sign designed for new homebuilders to direct traffic toward homes that are for sale.

NEW MOTORCYCLE SALES -

the display and sales of new motorcycles, including as a minor part of the business, the repair work of motorcycles and the sale of used motorcycles.

NONCOMMERCIAL MESSAGE -

any message other than a commercial message.

NONCONFORMING USE -

a building, structure, or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

NONRESIDENTIAL USE -

a use other than a residential use.

NURSERY OR GARDEN SHOP, RETAIL (INDOOR ONLY) -

a retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display; on [and] which does not include cultivation and propagation activities outside a building.

NURSERY OR GARDEN SHOP, RETAIL (WITH OUTSIDE STORAGE OR SALES) -

an establishment for the cultivation and propagation, display, storage and sale (retail and wholesale) of large plants, shrubs, trees and other materials used in indoor or outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use, it includes Outdoor display and storage of merchandise.

NURSING OR PERSONAL CARE FACILITY -

a health facility used for or customarily occupied by persons recovering from illness or suffering from infirmities of age, and furnished meals or continuing nursing care for compensation.

OCCUPANCY -

the use or intended use of the land or buildings [by] proprietors or tenants.

OFFICE CENTER -

a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.

OFFICE, PHYSICIAN, DENTAL OR OTHER HEALTH PRACTITIONER -

an office or group of offices for one or more physicians, dentists or other health practitioners for the examination and treatment of ill and afflicted outpatients.

OFFICE, PROFESSIONAL OR ADMINISTRATION -

a room or group of rooms used for the provision of executive, management or administration services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering and business offices of public utilities, organizations and associates; but excluding medical offices.

OFFICE-SHOWROOM/WAREHOUSE -

an establishment with a minimum of seventy-five percent (75%) of its local floor area devoted to storage and warehousing but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices and display areas for products sold and distributed from the storage and warehousing areas.

OPEN SPACE -

a lot or portion thereof left in a natural state or receiving permeable vegetative landscape treatment, such as ponds, lakes, either natural or man-made, grass, shrubs, flowers, trees, and ground cover.

OPEN STORAGE (ALSO OUTSIDE STORAGE) -

the keeping or storing, outside a building, of any goods, material, merchandise, or equipment on a lot or tract for more than twenty-four (24) hours.

OUTDOOR RV OR BOAT STORAGE -

an area containing separate, individual storage lots for lease or rent. The lots are designed for the outdoor storage of recreational vehicles and boats. The conduct of sales, business or any activity other than storage shall be prohibited within any storage area.

OUTSIDE STORAGE -

storage or display of items outside of a building for more than twelve (12) consecutive hours.

PAINT SHOP OR PAINT MIXING, WHOLESALE OR WAREHOUSE -

a commercial establishment where painting services are performed.

PAINT STORE -

an establishment engaged in the selling of paint and related paint products to the general public and rendering services incidental to the sale of such goods.

PARK OR PLAYGROUND -

the recreation facility, recreation center, or park owned or operated by a public agency such as a city or independent school district and available to the general public.

PARKING LOT -

an off-street, ground level area, considered a structure, usually surfaced and improved, for the temporary storage of motor vehicles.

PARKING SPACE -

a permanent surfaced asphalt or concrete area, enclosed or unenclosed, with a minimum space of 9' times 18' per vehicle, and a permanently surfaced driveway connecting the parking space with a street or alley, permitting ingress or egress of an automobile.

PATIO HOME -

(see Zero Lot Line).

PAWN SHOP -

an establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items.

PERIMETER STREET -

a street located along the boundary of an existing or proposed subdivision.

PERMANENT COSMETIC STUDIO/BODY PIERCING STUDIO/TATTOO -

“Permanent Cosmetic Studio” shall mean any place use primarily in which is offered or practiced the placing of permanent cosmetics, designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make- up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.

“Body-piercing studio” shall mean any place use primarily in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. “Body piercing” does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel licensed in performance of their professional duties.

Permanent Cosmetic or body piercing studio/Accessory – shall have the same mean as provided under permanent cosmetic studio/body- piercing studio, except where such use is an accessory use, as defined herein, and in practice in connection with a beauty salon or cosmetology salon, as defined herein.

PERMITTEE OR PERMIT HOLDER -

the person, persons, firm, corporation, or association filing an application for[,] paying fees and receiving a sign building permit.

PERSON -

any individual or group of individuals, general or limited partnership, joint venture, unincorporated association, corporation, limited liability company, trust, governmental or quasi-governmental entity, or other legal entity similar to the foregoing.

PERSONAL SERVICE SHOP -

establishment primarily engaged in providing services generally involving the care of the person or his or her apparel including but not limited to barber and beauty shops, tailor, dressmaker, health or exercise center, shoe shop or similar shop offering custom service.

PERSONNEL SERVICE -

a facility that provides assistance to employers looking to fill positions by screening, interviewing, and providing reference checks on possible job candidates.

PEST CONTROL SERVICE -

a commercial enterprise licensed by the State to engage in the eradication of insects and vermin.

PET GROOMING -

a facility that specializes in bathing, styling, cutting and combing of domestic household pets.

PET SHOP -

a retail establishment offering small animals, fish or birds for sale as pets where all such creatures are housed within the building.

PHOTO DEVELOPING OR PHOTO PRINTING -

operations consist of developing film and printing photos.

PLANNING & ZONING COMMISSION OR COMMISSION -

the board appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the City Council.

PLAT -

a plan or map of a subdivision or development of land showing all the essential dimensions and other information to comply with the standards of the City’s Subdivision Ordinance and which is subject to approval by the Planning & Zoning Commission and City Council and filed in the plat records of Ellis County.

PLAT, FINAL -

A plat of a subdivision which has been approved by the Commission and is to be recorded.

PLAT, PRELIMINARY -

a plat consisting of a preliminary drawing or drawings, described in the City’s Subdivision Ordinance, indicating the proposed manner or layout of the subdivision[.]

PLOT -

a single unit parcel of land or a parcel of land that can be identified and referenced to a recorded plat or map.

PLUMBING, ELECTRICAL OR AIR CONDITIONING SALES & SERVICE -

a building, part of a building, or land area used for the storage of materials, tools, products, and vehicle fleets and service related to plumbing, electrical or air conditioning sales and service.

PORTABLE STORAGE STRUCTURE -

any container, storage unit, shed-like container or other portable structure, other than an accessory building or shed complying with all building codes and land use requirements that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building.

PORTE-COCHERE -

a roofed structure covering a driveway at the entrance of a building to provide shelter while entering or leaving a vehicle with no permanent parking allowed. The term does not include a carport.

PREMISES -

land together with any buildings or structures situated thereon.

PRIMARY USE -

the principal or predominant use of any lot or building.

PRINCIPAL BUILDING -

same as Main Building.

PRINT SHOP, MAJOR -

an establishment specializing in long-run printing operations including, but not limited to: book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermograph processes.

PRINT SHOP, MINOR -

an establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating and blueprinting processes. This definition shall include mailing and shipping services, but exclude the on-site storage of heavy load fleet vehicles.

PRIVATE UTILITY, OTHER THAN LISTED -

a non-public utility requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or public utilities.

PRO RATA AGREEMENT -

a contract for reimbursement of cost based upon a distribution of use or service.

PUBLIC BUILDING -

any building (except a building used primarily for general office purposes) which is owned, leased, primarily used and/or primarily occupied by the State of Texas, the United States, the City or by any public or quasi-public utility.

PUBLIC UTILITY SHOP OR STORAGE (OTHER THAN MUNICIPALLY OPERATED) -

a facility, such as a maintenance yard or shop, required by a private utility or a branch of Federal or State Government for service to an area.

PUBLIC WORKS DIRECTOR -

the City official responsible for the City’s engineering department and activities. In the absence of the Public Works Director, the City Manager or his appointed representative shall have the engineering responsibility.

RAILROAD OR BUS PASSENGER STATION -

any premises for the transient housing or parking of motor driven, buses and trains and the loading and unloading of passengers.

RECREATION CENTER -

a place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.

RECREATIONAL VEHICLE -

are vehicles that are currently registered as recreational vehicles with the Vehicle Title and Registration Division of the Texas Department of Transportation, having no foundation other than wheels, jacks, blocks or skirting. This definition shall include “trailer coach, motor home, recreational vehicle” which by definition are similar to “camping or travel trailer” but are designed to be driven and contain their own power plant, drive train and steering device.

RECYCLING COLLECTION CENTER (DROP-OFF BINS ONLY) -

an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is allowed. This facility could generally be located in a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.

REPLATTING -

the subdivision of any part or all of any lot or block of a previously platted subdivision, addition, lot or tract.

RESIDENCE -

same as a dwelling; also, when used with District, an area of residential regulations.

RESIDENTIAL DISTRICT -

district where the primary purpose is residential use.

RESIDENTIAL STREET -

a street which is intended primarily to serve traffic within a neighborhood or limited residential district and which is used primarily for access to abutting properties.

RESIDENTIAL USE -

the use of land for single-family dwelling purposes.

RESTAURANT WITH DRIVE-IN SERVICES -

an eating establishment where primarily food or drink is 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.

RESTAURANT WITHOUT DRIVE-IN SERVICES; DRIVE-THROUGH ALLOWED -

an establishment serving food to the general public with designated areas and allowing carry-out window(s) serving a lane(s) of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises.

RESTAURANT WITH PRIVATE CLUB FOR ON-SITE ALCOHOL CONSUMPTION -

an eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises. The sale and consumption of alcohol is permitted.

RETAIL OR SERVICE, INCIDENTAL -

the rendering of retailing or services incidental to the primary use. In the Office District, such uses include a barber or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy or other incidental activity secondary to the primary office occupancy, and which has no separate outside entrance and no outside signage.

RETAIL STORE AND/OR SHOP -

an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RIDING ACADEMY OR OTHER EQUESTRIAN ACTIVITY -

a paddock, stable and related riding and quartering facilities for horses which is privately owned and maintained for the exclusive use of students, members and guests.

RIGHT-OF-WAY (ABBREVIATED ROW) -

a strip of land, other than a drainage or utility easement, 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, or for another special use.

RODEO ARENA -

a facility with an enclosed area, often circular or oval-shaped, designed to showcase events such as rough stock (i.e. bull, bareback and saddle bronco riding), timed events (i.e. wrestling, calf-roping and barrel racing) and competition events.

ROOM -

a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

ROOMING HOUSE -

see Boarding House.

SALVAGE OR RECLAMATION OF PRODUCTS (ALSO SEE WRECKING YARD) -

the reclamation and storage of used products or materials.

SAND, GRAVEL, STONE OR PETROLEUM EXTRACTION -

the process of extracting sand, gravel, stone or petroleum from the earth.

SATELLITE DISH ANTENNA -

an antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite earth station antenna.

SCHOOL, PRIVATE (LOWER THAN HIGH SCHOOL LEVEL) -

a school under the sponsorship of a private agency or corporation other than a public or religious agency having a curriculum generally equivalent to public schools that are elementary level.

SCHOOL, PRIVATE (HIGH SCHOOL) -

a school under the sponsorship of a private agency or corporation other than a public or religious agency having a curriculum generally equivalent to public high schools.

SCHOOL, PUBLIC (LOWER THAN HIGH SCHOOL LEVEL) -

a school operated by an independent school district and providing elementary curriculum.

SCHOOL, PUBLIC (HIGH SCHOOL) -

a school operated by an independent school district and providing high school curriculum.

SCIENTIFIC OR RESEARCH LABORATORIES -

a facility for research including laboratories and experimental equipment for medical testing, prototype design and development, and product testing.

SERVANT'S QUARTERS -

an accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or a person or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, yard man, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections.

SEWAGE OR WATER TREATMENT PLANT -

a facility owned and/or operated by a private entity that is used to alter the physical, chemical or biological quality of water.

SEXUALLY ORIENTED BUSINESS -

an adult arcade, adult bookstore, adult cabaret, adult novelty store, adult motel, adult movie theater, adult service establishment, adult video store, sex parlor, sexual encounter center, nude modeling studio or other commercial enterprise, or any combination thereof, a principal business of which the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity. The term sexually oriented business shall not be construed to include:

Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions;

Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;

Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or

Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university.

SHOE REPAIR OR SHOESHINE PARLOR -

an establishment engaged in providing repairs to shoes and/or offering cleaning and shining of shoes.

SHOPPING CENTER -

a group of primarily retail and service commercial establishments planned[,] constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of appropriate design and protection from the elements.

SIGN -

every sign, name, number, identification, description, and announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building, window, or outdoor structure or approved sign poles, or erected or maintained upon a piece of land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business.

SIGN, ABANDONED -

A sign which: (a) for at least 12 continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity on the premises on which the sign is located; or (b) if the premises is leased, relates to a tenant and at least two years have elapsed since the date the most recent tenant ceased to operate on the premises.

SIGN, ATTACHED -

a sign permanently attached to the building that it identifies.

SIGN, ATTRACTION OR READER BOARD -

Any sign having changeable copy for the purpose of advertising events, sales, services or products provided on the site.

SIGN, BILLBOARD -

an off-site sign containing at least one hundred square feet face area per face.

SIGN, GARAGE SALE -

a directional sign designed to advertise occasional sales of used items on residential property.

SIGN, ILLUMINATED -

a sign which has characters, letters, figures, designs or outline illuminated by electric lights, luminous tubes or other means.

SIGN, INTERSTATE -

a sign that is located on interstate highway frontage, in a Planned Development (where the sign is approved in the ordinance establishing the district or the approved site plan), HO or C-1 District, including a pole, monument, multi-tenant monument and attached sign.

SIGN, MONUMENT -

a solid sign, with no gaps, supported by its own foundation, constructed of stone and/or brick or other masonry, excluding the synthetic stucco Exterior Insulating Finishing System (EFIS), and that is not part of a building.

SIGN, MULTI-TENANT MONUMENT -

a monument sign designed for multiple advertising for buildings with more than one suite.

SIGN, NEW HOMEBUILDER DIRECTIONAL SIGN -

a temporary sign designed for new homebuilders to direct traffic toward homes that are for sale.

SIGN, OFF-SITE -

a sign that is not located on the same property of the building or use that it is identifying.

SIGN, ON-SITE DIRECTIONAL -

a sign designed to direct traffic on premises and does not contain advertising.

SIGN, POLE -

a sign mounted on one or more freestanding columns, poles, uprights or braces in or upon the ground and is not part of a building.

SIGN, POLITICAL -

a sign relating to the election of a person to public office[,] relating to a political part [party] or relating to a political issue.

SIGN, PORTABLE/PROMOTIONAL -

a temporary sign designed and constructed to be easily moved from one location to another frequently, including, but not limited to, A-Frame, sandwich boards, banners and signs displaying changeable copy.

SIGN, SEASONAL -

a sign designed to promote seasonal event.

SIGN, SUBDIVISION DEVELOPMENT -

a sign/advertising the sale of property that currently is being developed.

SIGN, UNDER-CANOPY -

a sign suspended from a building and which is located under a permanent canopy projecting from a building.

SIGN, WIND DEVICE -

any flag, banner, pennant, streamer, balloon, inflatable, or similar device that moves freely in the wind.

SIGN, WINDOW -

any sign viewable through and/or affixed in any manner to a window or exterior glass door to include signs placed in the interior of the structure where the sign face is 18 inches or less from the glass surface and is visible from the exterior of the building at a point beyond the sidewalk immediately adjacent to the window.

SMALL ENGINE REPAIR SHOP -

a shop for repair of lawnmower[s], chain saws, lawn equipment and other machines with one-cylinder engines.

SOLAR PANELS -

a photo voltaic panel made up of photo voltaic cells that are packaged together as a single device.

SOLAR PANEL FARM -

a solar-driven energy system that is typically a ground array and converts solar energy into electricity through photovoltaic panels that are supported by posts, wherein the solar panel system is the principal use of the property as it produces energy to be distributed into the electric utility grid.

SOLAR PANEL SYSTEMS -

a combination of equipment and/or controls, accessories, battery storage, interconnecting means and terminal elements for the collection, storage and distribution of solar energy. Solar water heaters are to be regulated as a solar system. Solar panel systems may be either roof or ground-mounted. Solar panel systems do not include individually powered units such as a solar power backup for an electric gate, outdoor solar lights, such as garden lights, accent lights, security lights or flood lights.

SOLAR PANEL SYSTEM, GROUND-MOUNTED -

a solar energy system that is affixed to the ground by means of a frame or support structure, such as a pole (top or side mounted) or a grid structure and may also include a tracking device.

SOLAR PANEL SYSTEM, ROOF-MOUNTED -

a solar energy system that is affixed to the roof of a building or structure by a frame or support.

SOLAR SHINGLES -

a type of building integrated photo voltaic (BIPV) has the dimensions of a conventional roof shingle, but is a photo voltaic device and is capable of also converting solar energy to electricity.

SPECIFIC USE PERMIT -

a permit authorized by the City Council, after receipt of a recommendation from the Planning and Zoning Commission, for the use of land or structures in accordance with the provisions of Article VII [Article 7] of this Ordinance.

SPORTING GOODS STORE -

an establishment engaged in the selling of sporting goods and related equipment to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

STABLE, COMMERCIAL -

a stable used for the rental of stall space or for the sale or rental of horses or mules.

STABLE, PRIVATE -

a building, incidental to an existing residential, principal use, that shelters horses, mules or ponies for the exclusive use of the occupants of the premises and not kept for remuneration excluding garages and porches.

STABLE, PUBLIC -

a building or land where horses, mules or ponies are kept for breeding, remuneration, hire, sale, boarding, riding or show.

STADIUM -

a facility that provides a broad space for sports and other related outdoor events and has tiers of seats for a large number of spectators.

STORAGE OR WHOLESALE WAREHOUSE -

a building used primarily for the storage of goods and materials.

STORY -

that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as twelve (12) feet.

STORY, HALF -

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

STREET -

all property which is contained within fixed boundaries commonly referred to as right-of-way (ROW) lines, for the primary purpose of vehicular movement and circulation, and in which traveled roadways exist, along with various service utilities and sidewalks for pedestrian circulation.

STREET, INTERSECTION -

any street which joins another street at an angle, whether or not it crosses the other.

STREET WIDTH -

the shortest distance between the lines which delineates the right-of-way of a street.

STRUCTURAL ALTERATIONS -

any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.

STRUCTURAL TRIM -

the molding, battens, capping, nailing strips, latticing and platforms which are attached to the sign structure.

STRUCTURE -

anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of Building).

STUDIO FOR PHOTOGRAPHER, MUSICIAN OR ARTIST -

a building or portion of a building used as a place of work by a photographer, musician or artist.

STUDIO FOR RADIO AND TELEVISION -

a building or portion of a building used as a place for radio or television broadcasting.

SUBDIVISION -

The division of a tract situated within the City or the City’s extraterritorial jurisdiction into two or more parts for the purpose of sale, lease or development. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method, and shall include a replat and a one-lot plat.

SURVEYOR -

a person registered as a registered public surveyor or licensed state land surveyor by the Texas Board of Land Surveying.

SWIMMING POOL - COMMERCIAL AND SEMI-PRIVATE -

a swimming pool that is privately owned and open only to an identifiable class of persons, including, but not limited to, motel guests, apartment residents and club members.

SWIMMING POOL - PRIVATE -

a swimming pool located in a single-family or multifamily zoning district intended and solely used for the enjoyment of the occupants of the main building of the property on which it is located and their guests.

TAILOR OR DRESSMAKER -

an establishment engaged in providing services involving the care of a person’s apparel such as alterations, construction and repair of clothing.

TATTOOING -

shall mean any method of placing permanent designs, letters, scrolls, figure, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.

TELEPHONE LINE AND EXCHANGE -

a line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage or repair yards.

TEMPORARY STORAGE -

the outside storage and display of items for sale on private property for less than twelve (12) hours.

THEATER, DRIVE-IN -

an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission to patrons seated in automobiles.

THEATER, INDOOR -

a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performance.

TIRE DEALER, NO OPEN STORAGE -

a retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

TIRE DEALER, WITH OPEN STORAGE -

a retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.

TIRE RETREADING AND CAPPING -

the process by which tires are treated with a new tread.

TRADE, BUSINESS AND PROFESSIONAL SCHOOL -

establishment, other than a public or private school, primary or secondary school, or colleges, offering training or instruction in a trade, art or occupation.

TRAILER COURT OR MOBILE HOME PARK -

a tract or tracts of land designed or improved or intended to be used or rented for occupancy by one or more trailer houses or mobile homes.

TRAILER, HAULING -

a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

TRAILER HOME -

see Mobile Home.

TRAILER OR MOBILE HOME SPACE -

a plot or lot of ground within a trailer court designed for the accommodation of one mobile home.

TRAILER, TRAVEL OR CAMPING -

a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants.

TRANSFER STORAGE AND BAGGAGE TERMINAL -

a facility for the storage of baggage and other items in transit.

TRANSPORTATION AND UTILITY STRUCTURE/FACILITY -

a permanent facility and/or structure operated by one or more companies engaged in providing transportation and utility services including, but not limited to, railroad track right-of-ways, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

TRANSIT STATION OR TURNAROUND -

a passenger terminal or loading facilities for a privately or publicly owned transit system.

TRUCK -

a light or heavy load vehicle (see definition for light and heavy load vehicles).

TRUCK AND BUS LEASING -

the rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done.

TRUCK PARKING LOT -

an area for parking heavy load vehicles.

TRUCK SALES (HEAVY TRUCKS) -

the display, sale or rental of new or used heavy load vehicles in operable condition.

UPHOLSTERY/FURNITURE RESTORATION -

an establishment for the repair and reconditioning of furniture and soft coverings for furniture.

USED CAR ONLY SALES LOT -

an establishment offering for sale used automobiles or light load vehicles.

USED MERCHANDISE STORE (INDOOR ONLY) -

a retail store offering for sale used materials, goods, and/or merchandise of less than twenty (20) years of age, and merchandise over twenty (20) years of age which does not derive a value from their age with all sales and storage occurring inside a building.

UTILITY DISTRIBUTION/TRANSMISSION LINES -

facilities which serve to distribute and transmit electrical power, gas, [or] water, including but not limited to electrical transmission lines, gas transmission lines, and metering stations.

VARIANCE -

an adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the 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.

VETERINARIAN CLINIC (OFFICE ONLY) -

an establishment for the care and medical veterinary practice on or for domestic household animals, conducted completely within an enclosed, soundproofed structure and not using any setback or open space for the permitted activities.

VETERINARIAN HOSPITAL (WITH OUTSIDE ANIMAL RUNS OR PENS) -

an establishment for the care and medical treatment of large animals and domestic household pets having treatment and boarding facilities both in an enclosed building and outside pens or runs enclosed by a permanent type of fencing.

VISIBILITY TRIANGLE -

the portion of a corner lot within a triangular area formed by connecting together the point of intersection of adjacent street curb lines (or, if there are no street curbs, what would be the normal street curb lines) and points on each of the street curb lines twenty (20) feet minimum from the intersection.

WEEKEND/EVENING/SEASONAL SALES -

a temporary use on private property for the sale of seasonal merchandise such as firewood, Christmas trees and snow cones.

WOODWORKING SHOP -

a facility where wood products are built, repaired or reconditioned.

WRECKING, JUNK OR AUTO SALVAGE YARD -

a yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.

YARD -

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

YARD, FRONT -

a yard located in front of the main building from elevation of the main building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

YARD, REAR -

a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall be at the opposite end of the lot from the front yard.

YARD, SIDE -

a yard between the building and side line of the lot extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

ZERO LOT LINE DWELLING (PATIO HOME) -

a lot permitted pursuant to a Specific Use Permit and which is designed in such a manner that the side yard and adjacent use easement make maximum use of available land area to preserve an open, yet private use of the side yard, and permits construction of a detached single-family dwelling placed on the side property line.

ZONING DISTRICT CLASSIFICATIONS -

shall mean the zoning districts found in the Zoning Ordinance.

ZONING DISTRICT MAP -

the official map upon which the boundaries of the various Zoning Districts are drawn.

ZONING ORDINANCE -

Ordinance No. 07-05 of the City, as the same may be amended from time to time.

ZOO -

a garden or park establishment where wild animals are kept for exhibition that is open to the public and may or may not charge a fee.

[1]

Editor's note–In order to facilitate incorporation of new definitions in alphabetical order, the subsection numbers in section 14.1.2 have been deleted.

(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21; Ordinance 22-002 adopted 1/10/2022; Ordinance 23-015 adopted 5/8/2023)