City of Hudson Oaks, TX Definitions

GENERAL DEFINITIONS

The following general definitions do not include the definitions of uses. Uses are defined in Section 48.2, Use Definitions and Explanations. The following words, when used in this ordinance, shall have the meaning respectively ascribed to them in this section, unless the context of this ordinance clearly indicates otherwise.

Administrative Official.

The individual charged with the administration and enforcement of this ordinance, or his duly authorized representative.

Alley.

A public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Basement.

A building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.

Block.

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

Board.

The Zoning Board of Adjustment.

Breezeway.

A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.

Building.

Any structure built for the support, shelter and 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 Line.

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

Cellar.

A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of Occupancy.

An official certificate issued by the city through the administrative official which indicates conformance with or approved conditional waiver from the building or zoning regulations and authorizes legal use and occupancy of the premises for which it is issued.

City Council (Council).

The governing body of the City of Hudson Oaks, Texas.

Court.

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

Density.

The number of dwelling units permitted per net acre of land. A net acre of land does not include portions of streets or alleys.

District.

A section of the City of Hudson Oaks for which the regulations governing the area, height, or use of the land and buildings are uniform.

Dwelling Unit.

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

Easement.

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

Family.

Any number of persons living together as a single nonprofit housekeeping unit in which not more than four individuals are unrelated by blood, marriage, or adoption.

Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include five or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Fence.

An open or solid enclosure designed to contain or prevent intrusion. An open fence is one in which the vertical surface thereof is not less than 70 percent open. A solid fence is one in which the vertical surface thereof is not greater than 30 percent open, and may be considered as a screening element. (See also Screening element.)

Floodplain.

Any land area susceptible to being inundated by water from any source.

Floodway.

The channel, river, or other watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

Floor Area.

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

Floor Area Ratio (FAR).

An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.

Glare.

A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Grade.

The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Height.

The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

The highest point of the roof’s surface if a flat surface;

To the deck line of mansard roofs; or

To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height.

If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Impervious Coverage.

Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

Infrastructure.

The essential facilities such as water, sewers, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the protection of the health, safety, and general welfare.

Landscaping.

Live plant material including grass, shrubs, trees, and flowering plants as required by Section 4.11 [35] Landscape Regulations.

Loading Space, Off-street.

Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot.

A parcel of land which is shown on an approved plat recorded in the Tarrant [Parker] County plat records.

Lot Area.

The area of the horizontal plane bounded by the vertical planes through front, side, and rear lot lines.

Lot, Corner.

A lot abutting upon two more streets at their intersection.

Lot Coverage.

The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot Depth.

The horizontal mean distance between the midpoint of the front and the midpoint of the rear lot lines.

Lot, Flag.

A lot with access provided to the bulk of the lot by means of a narrow corridor.

Lot, Interior.

A lot that is other than a corner lot.

Lot Lines.

The property lines bounding a lot as defined herein.

Lot Line, Front.

The boundary between a lot and the street on which it fronts.

Lot Line, Rear.

The boundary line not intersecting a front lot line which is most distant and most closely parallel to the front lot line.

Lot Line, Side.

Any lot boundary line not a front or rear line thereof.

Lot, Through.

A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lot(s) shall provide a front yard on each street.

Lot Width.

The width of a lot at the front building line.

Main (Principal) Building.

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

Masonry.

That form of construction composed of brick, stone, concrete, gypsum, hollow-clay tile, glass block, fiber cement board, stucco or similar building units or materials or combination of these materials laid up unit by unit and set in mortar (Masonry does not include exterior insulated finish systems (EIFS)).

Nonconforming Building.

A building which legally existed prior to the adoption, revision, or amendment of this ordinance but that does not meet the limitations. on building size or location on a lot for the district in which the building is located, or for the use being made of the building.

Nonconforming Lot.

A lot which was in compliance with applicable regulations prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of adoption, revision, or amendment to conform to the lot requirements for the district in which it is located.

Nonconforming Use.

A use of land which legally existed at the time of the effective date of this ordinance, or subsequent amendments thereto, which does not conform to the use regulations of the district in which it is situated.

Occupancy.

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

Open space.

Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves or porches.

Parking Space, Off-street.

For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be within any public street, or alley, right-of-way, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room shall be estimated at 300 square feet for residential uses and 400 square feet for nonresidential uses; but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements in this ordinance are provided, maintained and improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city. All required off-street parking spaces shall be provided and maintained wholly within private property lines and not within any public highway, street or alley right-of-way.

Planning and Zoning Commission (Commission).

The Planning and Zoning Commission of Hudson Oaks, Texas.

Plat.

A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission. Reference to a final plat in this ordinance means an official plat of record which has been approved by the planning and zoning commission and filed in the plat records of Tarrant [Parker] County.

Premises.

Land together with any buildings or structures occupying all or any portion of the land.

Private Drive, Street, or Place.

An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.

Property line.

(See lot line.)

Residence.

Same as a dwelling; also when used with the word “district,” an area of residential regulations.

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.

Screening Element/Device.

Screening element (device) or suitably screened as herein referred, shall mean any of the following:

Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent type material, the vertical surface of which is not more than 30 percent open; or

Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition;

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge or other dense planting material.

Semitrailer.

A vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.

Setback, Building.

The minimum horizontal distance between the front wall of any projection of the building (excluding steps) and the street line. (Same as Building line.)

Solar Energy Systems.

A device or combination of devices or elements that rely on direct sunlight as an energy source including any substance or device that collects sunlight for the following uses: heating or cooling of a structure or building; heating or pumping of water; or, generating electricity.

Special Exception.

A use that would not be generally appropriate without restriction throughout the zoning district but which, if controlled as to number, area, location, intensity or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted as special exceptions by the zoning board of adjustment, after public hearing thereon. See Section 40 Zoning Board of Adjustment.

Specific Use.

The use of any building, structure, or land not specifically allowed by district regulations, but permitted as a specific use in accordance with Section 25 Specific Use Permits.

Story.

That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is above the middle of the interior height of such story [sic]. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level.

Street.

A public way between two right-of-way lines (other than an alley or private drive) which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.

Street Line.

The right-of-way line of a street.

Structural Alterations.

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the city building code.

Structure.

Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings and mobile homes.

Thoroughfare.

Those public streets designated on the City of Hudson Oaks Thoroughfare Plan as “thoroughfares”.

Trailer.

A vehicle that is designed or used to carry a load wholly on its own structure; and is drawn or designed to be drawn by a motor vehicle.

Variance.

A variance is a relaxation by the Board of Adjustment of the dimensional regulations of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship. See Section 40 Zoning Board of Adjustment.

Vehicle.

As used herein shall include motor vehicle, motorcycle, trailer and semitrailer.

Yard, Front.

A yard across the full width of the lot extending from the building line to the front line of the lot abutting a street. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, Rear.

A yard between the rear lot line and the rear line of the main building and the side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, Side.

A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Zoning District Map.

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

48.2

LAND USE DEFINITIONS AND EXPLANATIONS

The following definitions and explanatory notes supplement, restrict, and define the meaning and intent of the uses listed in Section 11, Permitted Use Table.

Accessory Building.

A subordinate building having a use customarily incident to the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

Accessory Dwelling Unit.

A subordinate building as defined by “Accessory Building” which includes a kitchen (or kitchenette).

Accessory Use.

A use customarily incidental to the main use of the property.

Agricultural Use.

The use of a parcel of land for farming or ranching and shall include the structures that are normally associated with agricultural uses. However, this use shall not include commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, rat, or other fur-bearing animal farms, or the farming of swine or exotic animals.

Ambulance Service.

An establishment which provides ambulatory transport of persons, to or from a medical facility, for a fee.

Amusement Center, Indoor.

A facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin-operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffleboard, darts, and batting cages. Any combination of these games may be used in the facility. Games of wagering and chance, including 8-liners, categorized as gambling are prohibited and not included in this use.

Amusement Center, Outdoor.

An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.

Animal Grooming.

An establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.

Animal Pound, Shelter.

A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Antique Shop.

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

Apartment.

A room or suite of rooms arranged, designed, or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.

Apparel Alteration and Repair or Tailor Shop.

An establishment offering individual alteration, repair, or creation of clothing apparel to the public.

Appliance Repair, Household.

A shop specializing in repair of household appliances.

Art Gallery.

An establishment offering works of art for viewing and sale to the general public.

Arts, Crafts, and Hobby Shop.

An establishment offering for sale those items commonly associated with hobbles, including display areas for hobbies.

Assembly Hall.

A building and associated facilities dedicated to social or recreational activities serving the city or a neighborhood.

Assembly Plant.

A facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.

Athletic Field and Play Field, Commercial.

An athletic field or stadium owned and operated privately, including a baseball field, golf course, football field, or stadium which may be lighted for nighttime play.

Athletic Field and Play Field, Public.

An athletic field or stadium owned and operated by a public agency for the general public, including a baseball field, golf course, football field, or stadium which may be lighted for nighttime play.

Auction House.

A place where objects of art, furniture, or other goods are offered for sale to persons who bid on the object in competition with each other.

Auditorium.

A large building and associated facilities for gathering an audience for speeches and performances.

Auto Auction.

An enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.

Auto Car Wash.

An area and/or structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

Auto Impound Lot/Wrecker Business.

An establishment offering the service of towing, impounding, and temporary storage of vehicles either which have been in an accident or are illegally parked.

Auto Paint and Body Shop.

An automotive shop with a primary purpose of repairing and painting the outside surfaces of automobiles, trucks, and vans, and repairing and replacing the upholstery of such vehicles.

Auto Parts and Accessory Sales.

An automotive shop with a primary purpose of selling new parts and accessories for automobiles, trucks, and vans.

Auto Rental (Car and Truck).

An establishment primarily engaged in the short-term rental or extended term leasing of automobiles and trucks, not including truck tractors or semi-trailers.

Auto Repair Garage.

An enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage allowed but no outside repair or maintenance conducted.

Auto Sales, New and Used.

An open area or lot used for the display or sale of automobiles, trucks, and vans, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises.

Auto Service Station.

An establishment for the retail sales of petroleum products, automobile accessories, auto tune-up, muffler installation incidental to the primary use, tire installation or repair, oil change or other lubricate [lubrication] services in which all services provided and all storage, supplies, parts, equipment, and accessories are indoors, with the exception of fuel-dispensing operations.

Auto Service Station, Light Maintenance.

A premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall include automobile inspection services, but shall not include areas where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

Bakery, Retail Confectionery.

A shop offering for sale on-premises those baked goods or candies made on-premises or off-premises. No production for off-premise sale is allowed.

Bakery, Wholesale Candy.

A manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.

Bank, Savings and Loan Association, Financial Institution.

A building or premise offering banking, savings and loan, and other financial services, not including pawnshops as herein defined.

Barbershop, Beauty Salon.

An establishment which provides personal services including haircuts, shaves, perms, color treatments, and other similar personal beauty services.

Boardinghouse.

A building other than a hotel, where lodging and meals for five or more persons, not members of the principal family therein, are served for compensation.

Bottling Works.

A facility for the bottling of products for off-site retail sales.

Building Materials Manufacturing.

A facility for the production of building materials which include fiberglass, wallboard, shingles, etc.

Building Material Sales.

A distribution and sales center for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.

Bus, Train, and Taxi Station or Terminal.

A facility that provides for regularly scheduled transit services, passenger lounges, ticketing, and customer parking.

Cabinet and Upholstery Shop.

A shop for the assembly of cabinetry for domestic use and furniture repairing, refinishing, and upholstery.

Campground and Related Facilities.

An area that is occupied or intended or designed for occupancy by transients using recreational vehicles, tents, or other temporary dwellings for dwelling, lodging, or sleeping purposes. The use may also include cooking facilities, bathhouses, and recreation areas. This does not include a manufactured housing community.

Car Title Loan Business.

An establishment that makes small consumer loans that leverage the equity of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle.

Caretaker’s Residence, Guard’s Residence, Servant’s Quarters.

A residence located on a premises with a main nonresidential or residential use occupied only by an employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is accessory. Manufactured homes are not permitted for this use.

Carport.

A structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on three sides from roof to adjacent ground level.

Catering Service.

A facility where food is prepared in large quantities to be transported to, served, and consumed at an off-site location.

Cemetery, Mausoleum, Crematorium.

An area or structure designed to contain the remains of humans or animals for permanent interment.

Check Cashing Business.

An establishment that provides one or more of the following:

An amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction;

An agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or

The cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.

Clinic.

A public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped, or otherwise in need of physical or mental diagnosis, treatment, care, or similar service.

Collectibles Shop.

A retail establishment offering such collectible items as sports trading cards, comic books, and stuffed animals for sale to the general public.

Community Center.

A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.

Contractor, No Outside Storage Permitted.

A business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage permitted.

Contractor, Outside Storage Permitted.

Contractors Storage or Equipment Yard.

An area located on the same lot or separate lot as a principal use, used for outside storage of construction equipment, including vehicles and construction material.

Convenience Store, with or without Fuel Sales.

A premise where gasoline and/or other petroleum products are sold as a principal use, and in connection with the principal use, a convenience store offering for sale prepackaged food products, household items, and other goods commonly associated with the same.

Convent, Rectory, Monastery.

The building, buildings, or premises occupied by a religious community or association as a residence and a place of work and worship.

Copy Shop.

A small commercial printing shop which sells on-site most of the items printed along with associated items.

Cosmetic Tattoo Establishment.

An establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that facial cosmetics are applied on a permanent basis. This does not include a tattoo parlor.

Country Club.

An area containing a golf course and a clubhouse and available only to private specific membership. Such a club may contain adjunct facilities such as a private club (only in conformance with these regulations and applicable state statutes), dining room, swimming pool, tennis courts, and similar recreational or service activities.

Dairy Processing.

A commercial plant for the storage and processing of milk and milk products.

Day Care Center, Adult.

An agency at which six or more disabled or elderly adults not related to the proprietor, are left for care for a part of the 24 hours of the day.

Day Care Center, Child.

An agency at which six or more children, under the age of 16 and not related to the proprietor, are left for care for a part of the 24 hours of the day.

Day Care, In the Home.

A private residence where care, protection, and supervision are provided on a regular schedule, at least twice a week to no more than six children, including children of the adult provider.

Department Store.

A store offering a variety of comparison and consumptive goods at retail price to the general public.

Drive-Thru Uses.

Establishments providing services to customers in motor vehicles that are either temporarily parked, or through a service window and a drive-thru lane, such as drive-in or drive-thru restaurants, banks offering drive-thru services, pharmacies or dry cleaners offering drive-thru services, gas pumps/fuel sales, carwashes, or similar concepts.

Dwelling, Assisted Living Facility.

A facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the State of Texas as “supervised living”.

Dwelling, Guesthouse.

A residential dwelling, which may include living, sleeping, bathing, and kitchen facilities but is secondary to the main dwelling structure and is used solely for habitation of guests on a temporary basis and at no compensation.

Dwelling, Industrialized Housing.

A detached residential building that is designed for the use and occupancy of one family, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term does not include any residential structure that is in excess of three (3) stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to (i) housing constructed of sectional or panelized systems not utilizing modular components; or (ii) any ready-made home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Dwelling, Manufactured Housing or Mobile Home.

Shall be defined and differentiated by the following:

Mobile Home

is a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

HUD-Code Manufactured Home

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

Dwelling, Multifamily.

A residential building containing three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, Single-Family Attached.

An attached residential building, not including a mobile home or HUD-Code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, Single-Family Detached.

A detached residential building, not including a mobile. home or a HUD-Code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, Two-family.

A residential building containing two dwelling units.

Electrical Generating Station.

A facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.

Electrical Substation.

A facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.

Electrical Transmission Line.

A high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.

Electronics Manufacturing.

A facility for the production of printed circuit boards, microchips, and other electronic parts which may be assembled on-site into end products such as computers, televisions, radios, and communication equipment.

Exterminating Service.

A business providing extermination services for household pests, including insects and rodents.

Factory Outlet, Retail or Wholesale Store.

An establishment that offers goods and products to the public that are obtained direct from the manufacturer at prices that reflect savings due to the reduced cost of said direct distribution.

Farm Machinery and Implement Sales and Service.

An enclosed area designed for sales and repair of farm machinery.

Funeral Home, Mortuary.

A building or part thereof used for human funeral services. Such building may contain space and facilities for cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related supplies; and the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Furniture, Fixture, and Appliance Store.

A retail establishment offering home furnishings, fixtures, and appliances to the general public.

Garage, Private.

An enclosed two-car accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles and recreational vehicles, owned and used by the owners or tenants of the premises.

Garage, Public.

A building or portion thereof, except as herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use. Facilities for washing may be provided.

Garage, Repair.

A building or space for the repair or maintenance of motor vehicles, not including factory assembly of vehicles, auto wrecking establishments, or junkyards.

Gas Regulator Station.

A station used to regulate the flow or pressure of gas in a pipeline.

Gift Shop.

A shop offering gifts, souvenirs, and associated products for sale.

Go-Cart Track and Other Motor Vehicle Track or Facility.

A private, commercial enterprise offering outdoor go-cart tracks to the general public for a fee or charge. A go-cart is a nonlicensed motorized low horsepower vehicle powered by either a gas or electrical motor to be used for the purpose of entertainment, generally having the capacity of one driver/operator. Does not include remote control vehicles.

Golf Course, Driving Range.

An establishment offering areas for driving of golf balls including “pitch and putt” facilities.

Golf Course, Miniature.

An establishment offering facilities for miniature golf.

Golf Course, Private.

Grounds and facilities used in the playing of the game golf, for use by private membership.

Golf Course, Public.

Grounds and facilities used in the playing of the game golf, privately owned but open to the public for a fee and operated as a commercial venture.

Governmental Administration Facility.

A building or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public.

Greenhouse or Plant Nursery.

An establishment operated for commercial purposes, offering plants grown on-premises and off-premises and associated products for sale for use in connection with home gardening activities.

Grocery Store.

A retail store primarily engaged in the retail sales of all sorts of canned goods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.

Group Home for the Disabled or Disadvantaged.

A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.

As used herein, the term “disabled” shall mean having (1) a physical or mental impairment that substantially limits one or more of the person’s major life activities so that such person is incapable of living independently; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. However, “disabled” shall not include current illegal use of or addiction to controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term “group home for the disabled” shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

Gymnasium.

A building or room used for physical education and sports, which may be equipped with gymnastic or other sports related equipment and which may have seating in which spectators may view sports activities.

Hardware Store.

An establishment offering hand tools, small building materials, and associated convenience items for sale to the general public.

Health Club, Recreation Facility.

An indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.

Heliport.

A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop.

A landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.

Hobby Studio, Private.

An accessory activity area, used by the occupants of the premises purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.

Home Occupation.

An occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof. See Section 29 Home Occupations.

Hospital.

An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff, and visitors.

Hotel, Extended Stay (Also Called "Residence 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, housekeeping service, and telephone are provided. Residence hotel room units are designed to be suitable for long-term occupancy with financial consideration typically being calculated on a weekly and/or monthly basis. Typical residence hotel attributes include, but are not limited to, kitchen facilities, and external doorways into room units.

Hotel, Full-Service.

A full-service hotel is considered a top tier hotel in terms of amenities and service provided to the clientele.

Hotel, Limited Service.

A limited service hotel provides travelers an economical choice with fewer amenities than a full service hotel.

Junk.

The term “junk” is defined to mean, and shall include, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, subject to being dismantled for junk.

Kennel.

A lot or premises on which four or more dogs, cats or other domestic animals at least four months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.

Laboratory, Medical and/or Dental.

A facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.

Landscape Service.

A business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements necessary to support or sustain the landscaped surface of the ground.

Laundry, Dry Cleaning Full Service.

A retail establishment providing full service laundry and dry cleaning services to the general public.

Laundry, Dry Cleaning Pickup and Receiving Station.

A retail establishment providing a drop-off and pickup point for customers to leave wearing apparel or other material in need of laundry and dry cleaning and pick up of items when laundered and/or dry cleaned.

Laundry, Dry Cleaning Self-Service.

A retail establishment providing facilities for customers to launder or dry clean wearing apparel or other materials.

Library.

Buildings and structures open for the general public, for which a fee may or may not be charged for the use of book and other media collections.

Licensed Therapeutic Spa.

A business establishment that operates as a therapeutic clinic for neuromuscular and therapeutic massage from state licensed massage therapist through direct sale of services or membership.

Lithography or Print Shop.

A large commercial printing shop with multiple presses and capabilities.

Locksmith Shop.

A shop that specializes in making, selling, and repairing keys, locks, and associated material.

Lodge, Fraternal, Sorority, and Clubs.

An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.

Machinery Sales or Repair.

A facility for the storage, repair, outside sales, or rental of heavy machinery or equipment.

Machine Shop.

A shop that manufactures metal products through the use of presses, stamps, and dyes.

Manufactured Housing Park or Subdivision.

A parcel of land not less than three acres in size developed for rental or sale of lots for the installation for residential uses of HUD-Code manufactured Housing.

Manufactured or Industrialized Housing Sales or Rental.

An area devoted to outside sales or rental of HUD-Code manufactured homes or industrialized housing. For off-premise residential use only.

Manufacturing Facility (Light).

A facility used for subassembly, or assembly of subassemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other hazards.

Meat Market.

A retail facility that offers meat, fish, and poultry products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises.

Meat Product Processing.

A facility for processing cuts of meat from off-site into finished products.

Medical, Dental, and Optical Retail Sales.

An establishment offering prescription and over-the-counter products for sale.

Medical, Dental Office.

Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.

Medical Equipment Sales, Rental, and Leasing Service.

An establishment including offices, stores, and display rooms for the display, sale, rental, and leasing of medical equipment.

Mini-warehouse.

A building or group of buildings in a controlled access and fenced compound consisting of varying sized of individual, compartmentalized, and controlled access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.

Motel.

A facility offering short-term overnight lodging accommodations on a daily rate to the general public and having direct access to individual guest rooms from the parking area or outside balconies.

Motor Freight Terminal.

A facility with the capability of handling a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to truck and truck to air.

Museum.

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

Music Store.

An establishment offering music, musical instruments, and other related items for sale to the general public. Such establishment may offer repair services of musical instruments.

Nail Salon.

An establishment which provides services including manicures, pedicures, and other similar personal services.

Nondepository Financial Institution.

Any check cashing business, payday advance/loan business, or car title loan business as defined in this section. This definition excludes:

A state or federally chartered bank, savings and loan association or credit union, or pawnshop; and

A convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least seventy-five (75%) of the total gross revenue generated on site.

Nursing Home.

A structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.

Office, Business.

An office in which chattels or goods, wares, or merchandise are not commercially displayed, created, sold, or exchanged.

Office Machine Sales and Service.

A shop specializing in the sale and repair of in office machinery.

Office, Professional.

A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. including but not limited to insurance broker, public stenographers, real estate broker, stock broker, doctor, dentist, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.

Office, Real Estate Development Tract or Field Office.

A temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.

Office Supply Store.

A store that specializes in office supplies.

Optician Shop.

A shop that manufactures optical devices, especially eyeglasses.

Package Liquor Store.

An establishment offering for retail sales wine and liquor, as defined by the Texas Alcohol Beverage Code (TABC), in unbroken sealed original containers for off-premises consumption. Said establishments shall be licensed and permitted in accordance with the regulations established by the TABC.

Park.

Public or private land available for recreational, educational, cultural, or aesthetic use.

Parking Area.

An area for the driving, parking, display, or storage of motor vehicles.

Parking Lot, Commercial (Auto).

A structure or lot devoted to the temporary parking of automobiles for a fee.

Parking Lot, Commercial (Truck).

A facility for temporary parking of currently commercial licensed trucks in excess of one ton, for a fee.

Pawnshop.

A shop specializing in making small loans against personal property or buying used personal goods from individuals.

Payday Advance/Loan Business.

An establishment that makes small consumer loans, usually backed by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term, or until a customer’s next payday, and then cashed unless the customer repays the loan to reclaim such person’s check. Such establishments may charge a flat fee or other service charge and/or a fee or interest rate on the size of the loan amount.

Pet Shop.

A shop offering small animals for sale, with associated goods and services.

Pharmaceutical Plant.

A facility for the production of drugs for medicine.

Pharmaceutical Products Manufacturing.

A facility for the production of drugs for medicine.

Pharmacy.

An establishment offering prescription and over-the-counter pharmaceuticals and other associated products for sale to the public.

Philanthropic and/or Charitable Use.

A nonprofit organization supported mainly by charity and whose principal function is the performance of charitable work.

Photographic Equipment Sales and Service.

A shop that specializes in the sale and repair of photographic equipment.

Photographic Service.

An establishment offering drop-off of film for processing and pickup of developed photographs and related services.

Plastic Products Manufacturing.

A facility for the production of molded products constructed out of plastic, fiberglass, or other composite material.

Preschool.

An establishment providing for the care, supervision, and protection of children between the ages of 3 and 5.

Private Club.

An establishment providing social and dining facilities as well as alcoholic beverage service to an association of persons and otherwise falling within the definition of and permitted under the provisions of that portion of Title 3, Chapter 32, VTCA, Alcoholic Beverage Code, as hereafter amended and as it pertains to the operation of private clubs.

Public Maintenance Building, Storage Yard.

A structure or yard that is used for storage of equipment, materials, or other property and that is owned and maintained by a governmental entity.

Public Safety Facility, Police and Fire.

A facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations, and training facilities.

Public Utility.

A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.

Radio, Television Studio.

A facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or prerecorded materials for any part of the radio spectrum for commercial consumption.

Radio Transmission or Receiving Facility.

A structure or structures supporting antennas and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum including wireless communication facilities, but excluding noncommercial antenna installations for home use of radio or television. See Section 36 Wireless Communications Facilities.

Railroad Freight Terminal.

A facility for the assembly or storage of freight to or from rail cars.

Recreational Ranch or Farm.

An establishment incorporating a variety of rural uses, including sports arenas, rodeo grounds, pavilions, animal stables, and facilities which may be rented for private parties.

Recreational Vehicle Storage (Commercial).

A facility or location which, upon payment of a fee, provides for the parking and storage of recreational vehicles.

Recycling Collection Center.

A building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others, who will use those materials to manufacture new products.

Religious Institution.

Facilities in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or propagating a particular form of religious belief.

Rental Store.

An establishment that provides equipment and goods for rent by the general public to be used off-site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.

Rental Yard, Commercial and Heavy Equipment.

An establishment that provides heavy equipment for rent to contractors or the general public to be used off-site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.

Restaurant.

A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building. Such use includes cafes, lunch rooms, and tea rooms.

Restaurant, Drive-in/Drive-thru.

Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Restaurant, Refreshment Stand (Temporary or Seasonal).

Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building on a temporary or seasonal basis.

Rodeo Ground/Fairground.

An outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens, and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.

Rooming House.

A building other than a hotel where lodging for three but not more than 12 persons is provided for definite periods for compensation pursuant to previous arrangement.

Salvage Yard.

An area for salvage of metals, and/or other fabricated products, which may include a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.

School, Business College.

A facility that provides a curriculum limited to the teaching of office and business practices and skills.

School, College or University.

An academic institution of higher learning, accredited or recognized by the State, and offering a program or series of programs of academic study leading to a recognized degree or advanced degree. Including junior and senior colleges, universities, conservatories and seminaries.

School, Commercial Instruction.

A facility that instructs and trains students in the arts, such as of music, dance, gymnastics, or martial arts, and is primarily operated on a commercial basis.

School, Commercial Trade.

A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.

School, Home.

Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the housekeeping activities of a family.

School, Home Day.

Educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than 6 unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given time.

School, Institution, Rehabilitation, and Training Center.

A facility that provides rehabilitation and training operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.

School, Nursery.

An establishment providing for the care, supervision, and protection of children.

School, Primary or Secondary.

A public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.

School, Vocational.

A secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements of a vocational facility.

Shoe Repair.

An establishment offering shoe repair service to the general public.

Sign Shop, Painted or Silk-screened.

A retail business offering signs and banners for sale.

Skating Rink.

An establishment that provides facilities for participant ice or roller skating.

Stable, Commercial.

A building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire, including a riding track.

Stable, Private.

A building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale.

Stockyard.

An area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.

Stone Monument Sales.

A retail establishment offering for sale stone monuments produced off-premises, excluding cutting of slabs.

Storage and Warehousing Establishment.

A facility that is constructed such that large quantities of products or goods may be stored for extended periods of time. Said facility may be equipped with loading ramps and docks that facilitate the loading and off-loading of semi-trailer vehicles.

Storage Yard.

Facilities, to store any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials outside at ground level.

Studio.

A facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, dance, but not including commercial gymnasium or dance hall.

Swimming Pool, Private.

A swimming pool and accessory facilities constructed for the exclusive use of the proprietor, when located in other than the minimum front yard.

Swimming Pool, Water Park, Commercial.

A swimming pool and accessory facilities, not part of the municipal or public recreation system, and not a private swim club, but where the facilities are available to the general public for a fee.

Tattoo Parlor/Body Piercing Studio.

An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Taxidermist Shop.

An establishment offering the services of taxidermy.

Taxidermist Studio.

A retail establishment offering for sale to the public the products produced by a taxidermist at a separate location.

Telephone Exchange, Switching, or Relay.

A facility for the exchange, switching, relaying, or transmission of telephone services, not including public office facilities, storage, or repair facilities.

Textile Manufacturing.

Includes knitting, weaving, printing, and finishing of textiles and fibers into fabric goods[.]

Theater, Indoor Motion Picture.

An establishment offering motion pictures for viewing by the public.

Tobacco Shop.

A retail establishment offering for sale to the public tobacco products and accessories.

Utility Building and Structures.

Operations such as power substations, water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as pump and lift stations.

Veterinary Hospital with Outside Pens.

An office and clinic of a doctor of veterinary medicine for small domestic animal practice including outside treatment pens.

Veterinary Hospital without Outside Pens.

An office and clinic of a doctor of veterinary medicine for small domestic animal practice, without outside treatment pens.

Veterinarian Office, Large Animal Practice.

The offices of a doctor of veterinary medicine with on-site treatment of large domestic animals, which may consist of livestock and/or other farm animals and may include outside treatment pens, shelters, or barns.

Veterinarian Office, Small Animal Practice.

The offices of a doctor of veterinary medicine with on-site treatment of small domestic animals, which consist primarily of household pets and animals that are not sheltered in pens or barns (excluding dog runs and pens).

Video/Game Rental.

A commercial establishment that provides as a service a library of video movies and video games which may be rented on a short-term basis and returned for reuse.

Watch and/or Jewelry Sales and Repair.

An establishment offering watches and jewelry for sale to the public, and offering repair services for jewelry, watches, and similar items.

Warehousing and Freight Office and Storage.

A use engaged in storage, wholesale sales, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Welding or Machine Shop.

A facility for the machining and welding of metals, not including forging or structural welding.

48.3

SIGNAGE DEFINITIONS

For the purposes of this section, the following definitions shall apply:

Area of Sign.

The total area within the extreme rectangular perimeter of the attraction area intended to draw attention to the sign. Supporting structures shall not be included in calculations. The area of the sign with two faces, approximately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the panes of the opposing faces exceeds 30 degrees, the total area of both faces shall be considered the sign area. For multisided or circular signs, the calculation shall include all of the projected area.

Awning.

An architectural projection which provides weather protection, identity, or decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which another cover is attached, which may be of fabric or other material. Such sign may be raised or retracted to a position against the building, and may be illuminated.

Banner.

A sign made of paper, plastic, or fabric, with or without a frame, containing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric. Banner does not include a flag.

Billboard.

A sign which directs attention to a business, person, organization, activity, event, place, commodity, product, or service conducted, sold, or offered at a location other than the premises on which the sign is located.

Builders directional sign.

A temporary sign which provides direction or instruction to guide persons to sites where new homes are under construction, usually off-premise.

Canopy.

A structure made of metal or other material with a frame supported by either one or more columns or the building to which it is accessory, and is open on two or more sides.

Construction sign.

A temporary sign identifying individuals or companies involved in design, construction, wrecking, financing, or improvements of the premises where work is under construction.

Directional signs.

On-premise signs which direct vehicles and pedestrian traffic, which may display a logo, arrows, words, or other symbols to indicate direction of facilities. These signs do not advertise establishments, businesses, or services; but are used only to direct traffic through parking areas and campus type developments. Directional signs shall not exceed 32 s.f. nor be greater than 8 ft. in any dimension. Only two signs are permitted along the street frontage. Additional signs shall be permitted in the interior of the lot, however and shall not be closer than 50 feet.

Directory sign.

A sign which indicates the name and/or address of the tenants or occupants, the address of the premises, and/or identification of any business or occupation which may exist on the premises.

External illumination.

Illumination of a sign by an artificial source of light which is not contained within the sign itself.

Flag.

Any fabric containing distinctive color, pattern, or symbols, used as a symbol of a government, political subdivision, nonprofit organization, or corporation that is flown from flagpoles.

Flashing sign.

An illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when the sign is illuminated. For the purpose of this ordinance, any moving illuminated sign affected by intermittent lighting shall be deemed to be a flashing sign.

Gross surface area.

The area of the smallest rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentation, or other fixtures, material, or color forming part of the sign. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports become enclosed for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. Gross surface area shall be measured on one side only of a two-faced (back to back) sign carrying the same image and message on both faces. Two-faced signs carrying different messages and images on each side shall be considered as separate signs.

Ground sign.

A sign not wholly supported on a building, or which has its main supporting structure depending on the ground for attachment.

Illuminated sign.

A sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes, or other means that are specifically placed to draw attention to, or provide nighttime viewing of, the subject matter on the sign face.

Illumination, external.

Lighting by means of an unshielded light source (including neon tubing) which is effectively visible as an external part of the sign.

Illumination, internal.

Lighting by means of a light which is within a sign having translucent background, silhouetting opaque letters or designs, on which letters or designs are placed, which are themselves made of translucent material.

Incidental signs.

Small signs of a noncommercial nature, intended primarily for convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephones, and so forth.

Inflatable sign.

Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

Instructional sign.

A sign limited to directional messages, principally for pedestrian and vehicular traffic, such as one-way, entrance, and exit.

Logo.

Any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product.

Marquee.

Any hood or awning or permanent construction projecting from the wall of a building or other structure containing either permanent or changeable advertising.

Menu board.

A sign displaying the menu for a drive-up window for a food establishment.

Monument sign.

A permanent ground sign generally constructed out of brick, stone, or cast concrete supported on a concrete foundation across the entire base of the structure.

Moving sign.

A sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the movement of parts or through the impression of movement, including automatic electronically controlled copy changes, but not including flags, banners, or pennants.

Nameplate sign.

An on-premise nonilluminated sign identifying only the name, address, and/or profession of the occupant of the premises on which the sign is located.

Off-premise sign.

A sign which directs attention to a business, person, organization, activity, event, place, commodity, product or service not conducted, sold, or offered upon the premise on which the sign is located.

On-premise sign.

A sign which promotes or advertises a business, person, organization, activity, event, place, commodity, product, or service which is conducted, sold, or offered upon the premise where the sign is located.

Pennant.

A wind device usually made of lightweight plastic, fabric, or other material whether or not containing a message of any kind, usually triangular in shape and attached to a single cord.

Permanent sign.

A sign which is fixed in nature that is erected, affixed, or maintained on a premises for a period of time which is regulated by Table 1, Schedule for Permanent Signs.

Pole sign (also called pylon sign).

A freestanding ground sign supported by one or more poles[,] columns, uprights, or braces placed in or upon the ground and having no guys or braces to the ground or to any other structure.

Political sign.

A temporary sign pertaining to any national, state, county, or local election that supports or opposes an announced candidate, political party, or issue of political significance.

Portable sign.

Any temporary sign supported by the ground but not attached to the ground, which can be regularly moved from a location at periodic intervals, and which is located upon the premises where the business, profession, activity, commodity, service, or entertainment referred to by the sign is located. The term “portable sign” shall include the following:

A sign which is mounted on a trailer or wheels or is part of a trailer and by its design can be towed from one location to another by the use of attached wheels or by attaching an axle to existing mounts;

An “A-frame” type sign;

A sign affixed by pole or poles to a portable base made of wood, metal, or concrete;

A sign suspended or attached to a stand with an inverted “T” base; and

Any sign that the base is inserted into a sleeve mounted or driven into the ground which can be easily extracted from said sleeve by simply lifting or removing bolts.

Premises.

A lot or tract, or a combination of contiguous lots or unplatted tracts if the lots or tracts or combination are under a single ownership and are reflected in the plat or deed records of Tarrant [Parker] County. Multi-tenant locations shall be considered as being one premises.

Projecting Sign.

A sign suspended from a building or structure and projecting out therefrom more than one foot.

Pylon sign.

See pole sign.

Qualified Street Frontage.

The width of property along the street of a commercial or industrial development which bears the address of the property.

Reader board sign.

A sign comprised of nonpermanent letters, numerals, or symbols which may be changed by adding, removing, or rearranging the letters, numerals, or symbols, either manually or electronically.

Real estate sign.

A sign relating to the sale, lease, or rental of the premises upon which such a sign is placed.

Roof sign.

A sign mounted upon, against, or directly above the roof or parapet line of a building or structure, or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

Searchlight.

A large outdoor lighting apparatus used to attract attention to a business or a specific location.

Secondary sign.

A sign located on premise identifying individual uses in a mixed use multi-tenant commercial shopping center.

Sight triangle.

An area of unobstructed visibility on either corner of a street and/or driveway of at least 25 feet in any direction.

Sign.

Any name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light, or insignia, illuminated or nonilluminated, affixed directly or indirectly to or upon any building, window, door, or outdoor structure, which is visible to the general public and calls attention to any business, person, organization, event, commodity, object, product, service, place, or activity, including any permanently installed or situated merchandise or facsimile.

Street grade.

The average elevation of the projected corners of a property, adjacent to a dedicated street right-of-way or roadway easement, the elevation of the corners being measured at the top of the curb, or the centerline of the street if no curb is present.

Temporary event.

An event such as a “grand opening,” or a “going out of business sale” which lasts for a period of time not to exceed 60 days

Temporary sign.

A nonpermanent sign designed or intended to be displayed for a short period of time erected, affixed, or maintained on a premises and regulated by Table 2, Schedule for Temporary Signs. Trailer and portable signs are classified as temporary signs.

Vehicular sign.

Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of company vehicle that advertises only the company name, address, and/or logo, or temporary signs (with an area less than 3 feet) attached to vehicles which may be removed daily.

Wall sign.

A sign attached or affixed to an exterior wall of a building or structure or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to the exterior building wall to which it is attached or by which it is supported and not extending more than 12 inches from said wall. A wall sign shall not extend above the wall or parapet to which the sign is attached. For the purpose of this section, awnings, canopy fascias, mansards extending along a building side shall be considered a part of the wall.

Warning sign.

A sign containing no advertising material, warning the public of the existence of danger.

Window sign.

A sign attached to, placed upon, or painted on the exterior or interior of a window or door of a building, which is intended for public viewing from the exterior of such building.

Yard sign.

Any sign of a temporary nature other than a development, real estate, builders or construction sign, which includes the advertisement of a service which has been performed on premise, or construction/repair that has been performed on premises.

48.4

WIRELESS COMMUNICATIONS FACILITIES DEFINITIONS

The following definitions shall apply.

Antenna:

A device used in communications which transmits or receives radio signals.

Antenna, building attached:

Antenna attached to existing structures in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

Antenna facility:

A building or independent support structure and the antennas mounted thereon, along with an associated and necessary equipment building.

Antenna, microwave:

Also known as “dish” antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.

Antenna, panel:

Also known as “directional” antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antenna are typically flat, rectangular devices approximately six square feet in size.

Antenna, whip:

Also known as “omnidirectional antenna”. Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and eighteen feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

Co-location:

The act of locating wireless communications equipment from more than one provider on a single antenna facility.

Equipmevnnt storage:

A small unmanned, single-story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.

Monopole:

An antenna facility composed of a single spire used to support communications equipment. No guy wires are used or permitted.

Lattice tower:

A tower having three or four support steel legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.

Satellite receive-only 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.

Stealth Facility:

An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities that are constructed to blend into the surrounding environment.

(Ordinance 2001-02 adopted 5/24/01; Ordinance 2002-06, sec. 2, adopted 6/27/02; Ordinance 2002-14, sec. 2, adopted 8/22/02; Ordinance 2016-02, sec. 1, adopted 1/28/16; Ordinance 2016-08, sec. 1, adopted 3/24/16; Ordinance 2018-12, sec. 1, adopted 7/26/18; Ordinance 2021-03 adopted 1/28/21; Ordinance 2022-19 adopted 9/22/2022; Ordinance 2023-10 adopted 7/27/2023; Ordinance 2024-03 adopted 1/25/2024; Ordinance 2024-08 adopted 5/30/2024)