Accessory use, unit, structure, or building.
(1)
A building, structure, or use which is subordinate to and serves
a primary use or principal structure;
(2)
A building, structure, or use which is subordinate in footprint
on the lot, subordinate in area, extent, use or purpose to the primary
use, building or structure served;
(3)
A building, structure, or use which contributes to the comfort,
convenience, or necessity of occupants of the primary use served;
(4)
A building, structure, or use which is located within the same
zoning district as the primary use; or
(5)
A building, structure, or use which in residential districts
is not used for commercial purposes other than legitimate home occupations/home
based business, and is not rented to or utilized by other than bona
fide servants employed on the premises or members of the family of
the occupant(s) of the principal structure. Examples of accessory
buildings, structures, or uses include, but are not limited to private
garages, greenhouses, servant’s quarters, tool sheds, hobby
shed, storage buildings, greenhouses, or bathhouses adjoining a swimming
pool, swimming pool, sports court and tennis court. Persons are related
within the meaning of this provision if they are related within the
first or second degree of consanguinity or affinity.
(A)
Attached accessory structure - a structure that shares an attached
or common roof with the primary structure.
(B)
Detached accessory structure - a structure that does not share
an attached or common roof with the primary structure.
Agricultural uses.
Agricultural uses include activities that raise, produce
or keep plants or animals. Examples include but are not limited to
breeding or raising of fowl or other livestock animals; dairy farms;
stables; riding academies; equestrian boarding facilities; farming,
truck gardening, forestry, tree farming; and wholesale plant nurseries.
Alcohol: mixed beverage package store/retailer (on- and/or off-premises
consumption).
A business selling distilled spirits, wine, and/or malt beverages
to consumers for on- and/or off-premises consumption, including the
possible transportation of its inventory between its other licensed
locations within the same county, transportation/delivery of alcoholic
beverage orders to its end-consumer customers, conducting product
tastings on the package store premises, and/or other related sales
activity.
Alcohol: wine and malt beverage package store/retailer (on-
and/or off-premises consumption).
A business selling wine and/or malt beverages (no distilled
spirits) to consumers for on- and/or off-premises consumption, including
the possible transportation of its inventory between its other licensed
locations within the same county, transportation/delivery of alcoholic
beverage orders to its end-consumer customers, conducting product
tastings on the package store premises, and/or other related sales
activity.
Alley.
An “alley” is a public right-of-way or thoroughfare
which is not less than Eighteen Feet (18') wide and affords only a
secondary means of access to abutting property.
Alter.
To change the size, shape or physical outline, copy, nature
of message, intent or type of an entity including signs and buildings.
Apartment.
An “apartment” is a room or group of rooms used
as a dwelling for one family or household being one (1) dwelling unit,
said unit being equipped for the preparation of food.
Apartment building.
A building or portion of a building used or intended to be
used as a dwelling for three (3) or more families or households, each
household living independently of each other, with each unit equipped
for preparation of food.
Basement.
A story (or portion of a story) partly or totally below ground
level, with less than one-half of its height (measured from floor
to ceiling) above ground level.
Bed and breakfast inn.
(1)
Traditional.
A residential structure where three (3) or fewer rooms are
rented to transient paying guests on an overnight basis with no more
than one meal served daily, where no cooking facilities are provided
in the rooms and where the total number of permanent and transient
occupants does not exceed six (6) at any one time. The owner-operator
of a traditional bed and breakfast resides at that place. This is
classified as a normal home occupation.
(2)
Non-traditional.
A residential structure where more than two (2) rooms are
rented to transient paying guests on an overnight basis with no more
than one (1) meal served daily, where no cooking facilities are provided
in the rooms and where the total number of permanent and transient
occupants does not exceed four (4) at any one time. The owner-operator
may or may not reside there.
Block.
A tract of land bounded by streets (or street rights-of-way)
or a combination of streets and public parks.
Brick.
Includes kiln fired clay or shale brick manufactured to ASTM
C216 or C652, Grade SW, can include concrete brick if the coloration
is integral, shall not be painted, and it is manufactured to ASTM
C1634; minimum thickness of two and one quarter inches when applied
as a veneer, and shall not include unfired clay or shale brick.
Buffer zone.
An unimproved area required between adjacent property lines
or adjacent structures.
Building.
Any structure which is affixed to the land, has one (1) or
more floors and a roof, and is bounded by either open area or the
lot lines, and is designed for human use or habitation, shelter for
animals, chattels, records or other moveable property[.] A building
shall not include such structures as billboards, fences or communication
towers or structures with interior surfaces not normally accessible
for human use, such as tanks, smoke stacks, grain elevators, and oil
cracking towers or similar structures.
Building official.
Is the officer or other designated authority charged with
the administration and enforcement of the city’s building codes.
Subtitle, [sic] or the duly authorized representative.
Building setback line.
The line defining an area on the lot between the street right-of-way
and all other property lines and the building line within which no
building or structure shall be constructed, encroach or project except:
(2)
Fences that conform to the fence ordinance regulations;
(5)
Fountains and other landscaping elements;
(6)
Light poles if fed from underground utilities;
(9)
Signs that conform to the sign ordinance regulations.
Building front setback line.
A line parallel to the street right-of-way line, which the
building faces and from which it takes its primary access.
Building rear setback line.
A line parallel to an adjacent lot, alley or street in the
case of double frontage lots, which the building backs up to and from
which it has its rear or secondary access.
CBD.
Cannabidiol in the form of a consumable hemp product, as
that term is defined in section 443.001 of the Texas Health and Safety
Code, that may be lawfully sold in accordance with state and federal
laws.
Civic center.
A use, building or structure that is owned, managed or operated
in whole or in part by a public governmental agency for governmental,
cultural, recreational, athletic, convention or entertainment uses
and activities.
Common area or common property.
A parcel or parcels of land, together with the improvements
to the land, the use and enjoyment of which are shared by the owners
and occupants of the individual building sites in a subdivision[.]
Community home.
A building, structure or use providing food and shelter,
personal guidance, care, rehabilitation services or supervision for
not more than 6 disabled persons, regardless of their legal relationship
to one another and 2 supervisory personnel. A group home is a community-based
residential home operated in accordance with the Texas Human Resource
Code chapter 123 and the Texas Department of Mental Health and Mental
Retardation Act. A group home is a use by right that is authorized
in any district zoned residential.
Conditional use.
A use, building and structure allowed upon issuance of a
permit after additional review and regulation to ensure compatibility
between uses and for developing conditions which allow for compatibility
with adjacent uses.
Church.
A use, building or structure used for religious activities,
education and worship.
Day care - commercial.
Any facility or premises where a total of seven (7) or more
children under fourteen (14) years of age, and/or elderly adults,
regularly attend for all or a portion [of] the twenty-four (24) hour
day for purposes of custody, care, or instruction; and which children
or elderly adults are not members of the immediate nuclear family
of any natural person actually operating the facility or premises.
Day care - in-home.
Any occupied private residence utilized for purposes of custody,
care, or instruction; and which persons are not members of the immediate
nuclear family living in the residence, pursuant to and as further
defined by chapter 42 of the Texas Human Resources Code.
Decorative concrete block.
Includes highly textured finish, such as split faced, indented,
hammered, fluted, ribbed or similar architectural finish; coloration
shall be integral to the masonry material and shall not be painted;
minimum thickness of two and five-eighths inches (2-5/8") when applied
as a veneer; shall include light weight and featherweight concrete
block or cinder block units.
Distilled spirits.
A liquor or similar alcoholic beverage distilled from grains,
fruits, or other fermentable ingredients. Much stronger than beer
and wine, distilled spirits (ex. brandy, gin, rum, tequila, whiskey,
vodka, bourbon, etc.) and various flavored liqueurs.
District.
Any section or area of the city for which the city council
has adopted zoning regulations governing the use of buildings and
premises, the height of buildings, the size of yards, the intensity
of use, and other land use matters.
Drive-in or drive-through service or sales.
A retail transaction or the serving of a patron while in
a motor vehicle or the permitting of consumption of food or drink
while in a motor vehicle parked on the premises.
Duplex dwelling unit.
A residential structure providing complete, independent living
facilities for two (2) separate families, including permanent provisions
for living, sleeping, cooking, eating, and sanitation in each unit.
Dwelling.
Any building or portion of a building constructed for use
by or occupied exclusively by one (1) family with culinary and sanitary
conveniences provided for their use.
Dwelling unit (DUs).
A structure, constructed on the site of its location, designed
for a person or family to live in, in an individual or private state,
and to be occupied as a home for an occupant, or the occupant and
the family, if any, and not designed to be occupied by more than one
(1) family.
E-cigarette.
The term as defined in Tex. Health & Safety Code § 161.081(1-a).
Erect.
To build, construct, attach, hand, [hang] place, suspend
or affix, and when used in reference to signs, such term shall also
include the painting of signs on the exterior surface of a building
or structure, and shall also include the painting or affixing of signs
to the exterior or interior surface of windows and shall include signs
located interior to a building but readily visible from the exterior.
Exterior architectural feature.
Any building or portion of a building that, due to its design,
adornment, decoration or unique features, is of interest to the general
public as an important asset to the community.
Family.
Any number of individuals occupying a dwelling unit and living
together as a single housekeeping unit, in which not more than three
(3) individuals are unrelated by blood, marriage, adoption, or guardianship;
the term includes a single individual.
Farm animals.
Domestic animals generally used or raised on a farm for profit,
including but not limited to cattle, horses, cows, sheep, bulls, stallions,
jacks, swine, goats and all domesticated fowl used for eggs or food.
Floodplain.
Property that has a history of inundation or is determined
to be subject to flood hazard, specifically identified by the Federal
Emergency Management Agency on its flood hazard boundary maps (FHBM)
for the city. Within the floodplain, no development or alteration
of the floodplain due to dumping, excavation, storage, filling or
mining operations shall be conducted without a development permit
approved by the city. Note that the fact that land may not be classified
as floodplain shall not be interpreted as assurance that such land
or area is not subject to periodic local flooding.
Floor Area Ratio.
The ratio of the gross floor area of a building or buildings
in relations to the required lot area. The floor area ratio (FAR)
may be expressed as a percent of the lot area.
Frontage.
All of the property on one side of a street between two intersecting
streets (crossing or terminating) measured parallel along the line
of the street, or if the street is a dead-end, then such term shall
mean all of the property abutting on one side between an intersecting
street and the dead-end of the street; additionally, “frontage”
shall mean all of the property on one side of a street between two
lot lines.
Garage, private.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned by the occupants
of the building to which it is accessory. Not more than one (1) of
the vehicles may be a commercial vehicle of not more than a two (2)
ton capacity.
Garage, public.
A building or portion thereof, other than a private garage,
designed or used for equipping, servicing, repairing, hiring, selling,
or storing motor-driven vehicles.
Height.
The vertical distance of a building, structure or portion
thereof, measured from the mean level of the ground surrounding the
building to the highest point of the coping of a flat roof, or to
the deck line of a mansard roof, or to the mean height level between
eaves and ridge for gable, hip or gambrel roofs.
Hobby shed.
An accessory use and structure not used for commercial purposes
nor rented to others as defined under accessory use item (5) [sic]
Home based business.
A home occupation or use for profit or non-profit involving
business, art or hobby activities including the selling to, production
of, and provision of services to others not part of the on-site single
family residential use.
Home occupation.
Any occupation or activity carried on or occurring in a dwelling
unit by a member of the immediate family, residing on the premises,
in connection with which there is used no sign other than a name plate
as allowed by the city’s sign ordinance attached to the building,
and no display that will indicate from the exterior that the building
is being utilized in part for any purpose other than that of a dwelling;
and, no mechanical equipment is used except that which is of a type
similar in character to that normally used for purely domestic or
household purposes. Retail sales from the home to walk up or drive
up customers, cafes, or diners and barber or beauty shops are not
considered a home occupation. Examples of home occupations include
crafts; woodworking; dressmaking; custom cakes or other small scale
catering that uses no commercial type or size equipment; professional
services such as bookkeeping, handling of telephone orders, technology
or electronic communication; traditional bed and breakfasts limited
to three (3) rooms for rent, and day care for six (6) or fewer persons.
Hotel.
A structure or building or group of structures or buildings
whose principal function or use is to provide rooms for temporary
lodging where entrance to reach room is from a completely enclosed
area and which structure may also contain a restaurant, conference
rooms and retail uses or personal service uses.
Kennel.
Any location where four (4) or more dogs or cats aged six
(6) months or older and other household pets are groomed, bred, boarded,
trained or sold. Pet retail stores where animals are offered for sale
as a secondary use, and where grooming, small animal medicine, surgery
and/or training is conducted as secondary to the retail selling of
pet goods and supplies are not included within the definition of kennel.
Loading space.
A paved all weather impervious surface area, enclosed or
unenclosed, sufficient in size to store a one (1) ton truck or larger
truck and a passenger bus, with a paved surface driveway connecting
the loading space with the public street or alley and permitting ingress
and egress.
Lot.
A lot is the smallest physical and undivided tract or portion
of land as shown on a duly recorded plat, having frontage on a public
street.
Lot, corner.
A lot that has an interior angle of less than one hundred
and thirty-five (135) degrees at the intersection of two (2) street
lines. A lot abutting upon a curved street shall be considered a corner
lot if the tangents of the curbs at the points of intersection of
the side lot lines intersect at an interior angle of less than one
hundred and thirty-five (135) degrees.
Lot coverage.
The percent of the lot covered with structures as compared
to open space. Structures include all buildings, parking lots and
driveways. See definition of open space.
Lot area.
The area of a lot between lines, including any portion of
an easement that may exist within such lot lines.
Lot of record.
A lot which is part of a subdivision, the map or plat of
which has been recorded in the office of the County Clerk of Collin
County; or a parcel of land, the deed of which was recorded in the
office of the County Clerk of Collin County.
Manufactured home.
A structure constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development, transportable in one 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, and which is
built on a permanent chassis and designed to be used as a dwelling
and shall have a permanent concrete foundation, connected to public
water and sanitary sewer utilities, and includes plumbing, heating,
air-conditioning, and electrical systems. The term does not include
a recreational vehicle as that term is defined by 24 Code of Federal
Regulations, section 3282.8(g). The manufactured home is not constructed
with a permanent hitch or other device allowing transport of the unit
other than for the purpose of delivery to a permanent site and which
does not have wheels or axles permanently attached to its body or
frame.
Manufactured home lot.
A parcel of land in a manufactured home park for the placement
of a single HUD-code manufactured home and the exclusive use of its
single family occupants.
Manufactured home park.
A parcel of land designed as an area for manufactured homes
to be installed as residences containing individual lots of record
for the permanent placement of a manufactured home on an individual
lot of record with roads, utilities, and drainage in accordance with
all applicable provisions of the City’s Code of Ordinances and
other regulations governing a manufactured home park.
Minor.
A person under 21 years of age.
Model home.
A dwelling unit within a residential development used for
the purpose of display of amenities and marketing the sale of homes
within the residential development and functioning as a sales office
until sold to a third party buyer.
Motel.
A structure or building or group of structures or buildings
whose principal function or use is to provide rooms for temporary
lodging in which the rooms are directly accessible from an outdoor
parking area.
Multi-unit dwelling.
A residential structure providing complete, independent living
facilities for three (3) or more families or households living independently
of each other and including permanent provisions for living, sleeping,
cooking, eating, and sanitation in each unit. Condominiums are included
in this definition.
Nonconforming use.
The use of land or a building, or portion thereof, which
does not conform with the use regulations of the district in which
it is situated and which use was legally in existence prior to the
effective date of this division and any subsequent amendments.
Nursing home.
A building, or portion thereof, used or designed for medical
services for the housing of the aged, and/or mentally or physically
challenged persons who are under daily medical, psychological, or
therapeutic care; including assisted living centers; provided that
this definition shall not include rooms in any residential dwelling,
hotel, or apartment hotel not ordinarily intended to be occupied by
said persons.
Occupancy.
The use or intended use of land or buildings by owners, occupants,
proprietors or tenants.
Open space.
The part of a building lot, including courts or yards, which
are open and unobstructed from its lowest level to the sky, which
is accessible to all residents or users upon a building lot, which
is not part of a roof, driveway, parking area, and which does not
include any structures.
Open space reserve.
Open space reserve shall mean an open area, a minimum size
of five (5) acres, which is designed and intended to be used for outdoor
recreation. An area of usable open space reserve shall include Texas
native or natural landscaping, walks, water features and decorative
objects such as artwork or fountains. Open space reserves shall not
include recreational equipment or recreational sports fields, or buildings,
except those buildings designed specifically for maintenance of the
open space reserve. Open space reserves may include parking areas
and driveways.
Outdoor storage.
The keeping, in an unenclosed area, of any goods, items,
material or merchandise in the same place for more than twenty-four
(24) hours and not actively being sold.
Parking space.
A paved all weather impervious surface area, enclosed or
unenclosed, sufficient in size to store one (1) automobile, with a
paved surface driveway connecting the parking space with the public
street or alley and permitting ingress and egress of an automobile.
Personal services.
Establishments primarily engaged in providing care and services
for people's needs, such as barbershops, beauty salons, spas, businesses
offering classes for small groups or individuals, and permanent cosmetics.
A beauty salon may offer permanent cosmetics services, as long as
such services are in conjunction with the beauty salon and are limited
to parts of the body above the neck and are generally for cosmetic
or reconstructive purposes.
Place of worship.
A building or structure, or group of buildings or structures
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
Planned unit.
A land area, which (1) has individual building sites and
common property such as a park and (2) is designed to be capable of
satisfactory use and operation as a separate entity without necessarily
having the participation of other building sites or other common property.
The ownership of the common property may either be public or private.
Planned unit development.
A single planned unit as initially designed; or such a unit
as expanded by annexation of additional land areas; or a group of
continuous planned units, whether as separate entities or merged into
a single consolidated entity.
Recreation vehicle.
A vehicle designed for human habitation for recreational
purposes and capable of being used on a highway. Recreational vehicles
shall include a motor home, travel trailer, and camping trailer, but
shall not include a mobile home or manufactured home.
Recreational vehicle park.
Any area or tract of land where two or more recreational
vehicle lots or spaces are rented or held for rent.
Repair.
The reconstruction or renewal of any part of an existing
building for the purposes of maintenance. The word repair shall not
apply to structural alterations.
Right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
city has an interest.
Roof line.
The height which is defined by the intersection of the roof
of the building and the wall of the building. For mansard-type roofs,
the roof line shall be defined as the top of the lower slope of the
roof. Roofs with parapet walls completely around the building and
not exceeding four (4) feet in height may be considered as the roof
line.
Site plan.
A Plan showing use of the land, to include locations of buildings,
drives, sidewalks, parking areas, drainage facilities, and other structures
to be constructed.
Servants quarters.
Living spaces for domestic servants, gardeners or childcare,
adult /elder care or health specialists that have the same utility
connections as the main house.
Setback or building line.
A line, which marks the setback distance from the property
line and establishes the minimum required front, side, or rear yard
space of a lot.
Smoke/tobacco/CBD store.
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
tobacco paraphernalia, or CBD or hemp-derived products, except:
(1)
A pharmacy selling FDA approved cannabis and cannabis-derived
products; and
(2)
Any grocery store, supermarket, convenience store or similar
retail use that sells conventional cigars, cigarettes, tobacco, or
CBD or hemp-derived products as an ancillary sale, meaning the store
uses for the display, sale, distribution, delivery, offering, furnishing,
or marketing of conventional cigars, cigarettes, tobacco or CBD or
hemp product:
(A)
No more than two percent (2%) or 200 square feet of its gross
floor area (whichever is less); or
(B)
For a retail store consisting of 250 square feet or less, no
more than five (5) square feet.
Stable, commercial or private.
Commercial barn or stable shall mean a boarding facility
used for the rental of stall space or for the sale or rental of horses,
mules or similar large animals. Private barn or stable shall mean
a facility used solely for the owner’s private purposes for
the boarding, sale or keeping of horses, mules or ponies, and not
kept for remuneration, hire or sale.
Stone.
Includes naturally occurring granite, marble, limestone,
slate, river rock, and other similar hard and durable all weather
stone that is customarily used in exterior building construction;
may also include cast or manufactured stone product, provided that
such product yields a highly textured stone-like appearance, its coloration
is integral to the masonry material and shall not be painted, and
it is demonstrated to be highly durable and maintenance free; natural
or manmade stone shall have a minimum thickness of two and five-eighths
(2-5/8) inches when applied as a veneer.
Storage, self-service.
A structure containing separate, individual, and private
storage spaces of varying sizes.
Storage garage.
A “storage garage” is any premises and structure
used exclusively for storage of more than five (5) automobiles.
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, the space between the
floor and the ceiling next above it.
Street.
A way for vehicular traffic or parking, whether designated
as a highway or as any of the following types:
(1)
Residential street: serves a residential neighborhood and may
be a cul-de-sac, loop or short street.
(2)
Collector street: serves to collect traffic from multiple residential
streets.
(3)
Arterial street: a through traffic street, generally aligned
in the direction of major traffic movement carrying such traffic into
or out of the city.
(4)
Parkways and boulevards: across-city traffic thoroughfares,
for movement of great amounts of traffic.
(5)
Commercial streets: serve both business and industrial areas.
Structural alterations.
Any change which would tend to modify the life of a supporting
member of a structure such as bearing walls, columns, beams, or girders.
Structure.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Stucco.
Stucco shall be defined as traditional three (3) step hard
coat stucco applied over a masonry or concrete backing.
Tattoo service and similar body artwork.
Establishments producing an indelible mark or figure on the
human body by scarring or inserting pigments under the skin using
needles, scalpels or other related equipment to license with the Department
of State Health Services, not to include permanent cosmetics services.
Also includes establishments creating an opening in a person's body,
other than the earlobe, to insert jewelry or another decoration to
license with the Department of State Health Services, including studios
that perform implants.
Temporary concrete batch plant.
An on-site manufacturing plant utilized for a limited period
of time as allowed in this division where concrete is mixed before
being transported to a construction site ready to be poured.
Tobacco.
Any preparation of the nicotine-rich leaves of the tobacco
plant, which are cured by a process of drying and fermentation for
use in smoking, chewing, absorbing, dissolving, inhaling, snorting,
sniffing, or ingesting by any other means into the body.
Tobacco paraphernalia.
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for the smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco, tobacco products, or other controlled
substances as defined in the Tex. Health and Safety Code. Items or
devices classified as tobacco paraphernalia include but are not limited
to the following: pipes, punctured metal bowls, bongs, water bongs,
electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers,
hookahs, and devices for holding burning material. Lighters and matches
shall be excluded from the definition of tobacco paraphernalia.
Tobacco product.
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from the tobacco plant, or otherwise derived,
which is intended to enable human consumption of the tobacco or nicotine
in the product, whether smoked, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means. For the purposes
of this chapter, the term "tobacco product" excludes any product that
has been specifically approved by the United States Food and Drug
Administration (FDA) for sale as a tobacco/smoking cessation product
or for other medical purposes, where such product is marketed and
sold solely for such an approved purpose.
Townhouse.
A single-family dwelling unit constructed in a series or
a group of attached units with property lines separating such units,
usually with the dividing wall between units falling on the property
line.
Transmission tower.
A wireless telecommunications support structure designed
primarily of the support and attachment of a wireless telecommunications
facility. Transmission towers include:
(1)
Monopole tower -
A self-supporting structure composed of a single spire used
to support telecommunications antenna and/or related equipment.
(2)
Lattice tower -
A self-supporting three (3) or four (4) sided, open, steel
frame structure used to support telecommunications antenna and/or
related equipment;
(3)
Guyed tower -
An open, steel frame structure that requires wires and anchor
bolts for support.
(4)
Stealth tower -
A manmade tree, clock tower, church steeple, bell tower,
utility pole, light standard, identification pylon, flagpole, or similar
structure, that is camouflaged to be unrecognizable as a telecommunications
facility, designed to support or conceal the presence of telecommunication
antennas and blends into the surrounding environment.
Use.
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained, and shall include any manner or performance of such activity
with respect to the performance standards of this division.
Use permits.
Permits authorized by the city council upon recommendation
of the planning and zoning commission allowing certain uses in zoning
districts.
(1)
Conditional uses
are uses which are generally compatible with those uses permitted
by right in a zoning district, but which require individual review
of their location, design, configuration, density and intensity. These
are granted to the land and will continue to be valid with sale or
transfer of property.
(2)
Specific uses
are uses which are not generally compatible with those uses
permitted by right in the zoning district, but by the unusual circumstances
(existing uses and historic uses) in the area, consideration of the
use is advisable. These are granted to a person and do not transfer
with change of ownership of the property unless such change is by
inheritance.
Utility facility.
Infrastructure services and structures necessary to deliver
basic utilities essential to the public health, safety, and welfare.
This includes all lines and facilities provided by a public or private
agency and related to the provision, distribution, collection, transmission
or disposal of water, storm and sanitary sewage, oil, gas, power,
information, telephone cable, electricity and other services provided
by the utility. This does not include wireless telecommunication facilities.
Variance.
A legal modification in the application of specific zoning
district regulations such as yard, lot width and yard depth, signs,
set back and off-street parking, and loading regulations granted due
to the special conditions or circumstances peculiar to a particular
parcel of property.
Wireless telecommunication facility.
An unstaffed facility operating for the transmission and
reception of low-power radio signals consisting of an equipment shelter
or cabinet, a support structure, antennas, and related equipment.
Yard.
An open space open from its lowest point to the sky unobstructed
at grade between a building and the adjoining lot lines, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except for the ordinary projection of sills, belt courses, cornices,
chimneys, buttresses, ornamental features and eaves and as otherwise
provided herein.
Yard, front.
A yard extending across the front of a lot between the side
lot lines, and being the minimum horizontal distance between the street
line and the main building including any projections of the usual
uncovered steps, uncovered balconies, or uncovered porches. On corner
lots, the front yard shall be considered as parallel to the street
upon which the lot has its least dimension.
Yard, rear.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building including any projections thereof other than
the projections of uncovered steps, unenclosed balconies, or unenclosed
porches. On all lots, the rear yard shall be in the rear of the front
yard.
Yard, side.
A yard between the main building and side line of the lot,
and extending from the required front yard to the required rear yard,
and being the minimum horizontal distance between a side lot line
and the side of the main buildings or any projections thereof.
Definitions not expressly described herein are to be construed
in accordance with customary usage in municipal planning and engineering
practices. Words used in the masculine or feminine shall also be construed
to mean the other.
(Ordinance 2018-03-02, ch. 3, adopted 3/20/18; Ordinance 2022-07-02 adopted 7/19/22; Ordinance 2023-03-03 adopted 3/7/2023; Ordinance 2023-10-03 adopted 10/17/2023)