City of New Deal, TX Definitions

Depth

Lot Depth -

The average horizontal distance between the front and rear lot lines.

Rear Yard Depth-

The average horizontal distance between the rear line of a principal building and the rear lot line.

Fence Height

At every point along the run of a fence, the average distance between the top of the fence and the immediately adjacent ground surface on the two sides of the fence.

Floor Area

The floor area (or gross floor area) of a building is the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two adjacent buildings on separate lots. In particular, the floor area of a building shall include basement space, elevator shafts and stairwells at each floor; floor space used for mechanical equipment; penthouses, attic space (whether or not a floor has actually been laid) providing structural headroom of 7 feet, 6 inches or more; interior balconies and mezzanines; enclosed porches; and accessory uses.

Floor area for the purpose of computing off-street parking requirements for various retail trade activities shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.

The floor area ratio of a building is the gross floor area of the building divided by the total area of the lot on which it is constructed or proposed.

Height

The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or where no street grade has been established, to the following point:

Flat Roof -

the highest point of the roof’s surface;

Mansard Roof -

to the deck line; or

Hip or Gable Roof -

to the mean height between eaves and ridge.

The following structures shall be excluded when measuring the height of a building: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio or television towers, satellite dish antennas, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height.

Lot Area

The total horizontal area within the lot lines of a lot.

Lot Line

Front Lot Line -

For an interior lot or through lot, a front lot line is the street line. On a corner lot, the front lot line shall be any street line on which an immediate adjoining lot has a front boundary. A single lot may be required to have multiple front lot lines, for the purpose of this Zoning Ordinance. For one lot occupying an entire city block, the front lot line shall at a minimum include any boundary of that block which aligns with and/or lies across a street from any boundary of an adjoining block on which there are front lot lines.

Rear Lot Line -

Any lot line that is parallel to the front lot line or within 45 degrees of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot that constitute the rear lot line of an adjacent lot.

Side Lot Line -

A side lot line is any lot line which is not a front lot line or a rear lot line.

Seats

The seating capacity of a particular building. In the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this Zoning Ordinance.

Story

That portion of a building included between the upper surface of any floor and the upper surface of the floor immediately above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

If the finished floor level directly above a basement is more than 6 feet above the level of the immediately adjacent ground surface, such basement shall be considered a story.

A floor level having a height of not more than 7 feet 6 inches covering a floor area of not more than 75 percent of the area of the floor of the story below is considered a half-story.

Yards Defined

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this Zoning Ordinance shall be included as a part of a yard or other open space similarly required for another building.

Front yard -

All that space between the street right-of-way line and the front line of the principal building. The minimum required front yard shall be as prescribed for the district, measured from the outside front corners of the building to the property street line, along the building front extended and along the building sides extended.

Rear Yard -

All that space between the rear line of the principal building and the rear lot line. The minimum required depth of rear yard shall be as prescribed for the district and shall be the distance between the rear line of the principal building and the rear lot lines, measured along the side lines of the building extended.

Side Yard -

All that space adjoining the sides of the principal building and between the front and rear yards.

10.

Yard Exceptions

Every part of any required yard shall be open and unobstructed, except for the following:

Ordinary projection of windowsills, belt courses and other ornamental features projecting a distance not to exceed 12 inches.

Projection of chimneys and flues for a distance not to exceed 3-1/2 feet into required front and rear yards.

Eaves and awnings on main residential buildings which project a distance of no more than two feet into required yards.

Open or lattice-enclosed fire escapes and fireproof outside stairs, as well as balconies opening onto them, which may project into required rear yards a distance not to exceed 3-1/2 feet.

Open carports allowed to extend into required front and side yards as set forth in Sec. 513.

Open and unenclosed porches covered by a roof (but being unencumbered by walls, glazing or rigid screening of any kind) may project into required front or rear yards for a distance not to exceed 6 feet, provided that no supporting structure for such extensions shall be located within the required front or rear yard.

Uncovered porches, decks and platforms that do not extend more than three feet above ground level may project into required rear yards and into required side yards, so long as such projections do not extend within less than two feet of any side lot line.

Detached accessory buildings may be built in required side and rear yards in accordance with Sec. 401.

An attached garage shall be considered an integral part of the principal building, and all required minimum yards shall be maintained from the outside corners of said garage. A detached garage or other accessory structure shall meet the requirements for accessory buildings in Sec. 401.

(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)

For the purpose of interpreting and administering the provisions of this Zoning Ordinance, the words defined in this Chapter shall be given the meanings set forth below. All other words shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of dispute over the meaning of a term not defined here or over the application of a definition set forth here, the Zoning Administrator shall issue a written interpretation in accordance with Sec. 203.

ABUTTING:

See “Adjacent.”

ACCESSORY APARTMENT:

An apartment containing full facilities (sleeping quarters, kitchen and bath) and on the same lot as an existing single-family residential dwelling unit that shares utilities and is clearly subordinate to the primary dwelling unit.

ACCESSORY STRUCTURE:

A structure subordinate to the principal building on a lot, the use of which is customarily incidental to that of the principal building or to the principal use of the land.

ACCESSORY USE:

A subordinate use or building customarily incidental to and located on the same lot with the main use or building.

ADJACENT (ADJOINING):

Unless otherwise defined elsewhere in the text of this Zoning Ordinance, the terms adjacent and adjoining shall mean lying immediately next to one another, or having a common boundary.

ADULT ENTERTAINMENT ENTERPRISE/SEXUALLY ORIENTED BUSINESS:

Any business activity whether in public, semi-public or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed specified anatomical areas of another person, or to observe, view, or photograph any such activity. Except as specifically provided otherwise herein, this definition is not intended to include the following.

Any business operated by or employing psychologists, physical therapists, athletic trainers, registered massage therapists, cosmetologists, or barbers, licensed by the State of Texas, performing functions authorized under the licenses held.

Any business operated by or employing physicians, osteopaths, chiropractors or nurses, licensed by the State of Texas, engaged in practicing the healing arts.

Any retail establishment whose major business is the offering of wearing apparel for sale to customer.

A person appearing in a state of nudity, at a scheduled class for instruction in drawing, painting, sculpture, or photography operated as follows.

By a proprietary school, licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

In a structure with all of the following characteristics.

(i)

No sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.

(ii)

Where, in order to participate in a class, a student must enroll at least three days in advance of the class.

(iii)

Where no more than one nude model is on the premises at any one time.

Adult Entertainment Enterprises furthermore include, but are not limited to, the following:

Adult Bookstore/Film Store.

Any commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following.

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas.”

Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore or adult film store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult film store, so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas.” A principal business purpose need not be a primary use of an establishment, so long as it is a significant use, based upon the visible inventory or commercial activity of the establishment.

Movie Arcade.

Any business wherein is operated a film or videotape viewing device. A film or videotape viewing device or booth subject to these provisions is defined as:

Viewing Booths/Arcades.

An establishment or commercial enterprise which has within its structure an electrical or mechanical device which projects or displays any film, videotape or reproduction into a viewing area obscured by a curtain, door, or wall, or other enclosure which is designed for occupancy by no more than 5 persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by 5 or fewer persons.

Adult Motion Picture Theater.

An establishment or commercial enterprise which has an enclosed building with a capacity of more than 5 persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons.

Adult Cabaret.

An establishment that regularly features the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including but not limited to dancing, posing, modeling, acting, and which is distinguished by or characterized by a predominant emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”

Adult Encounter Parlor.

An establishment whose business consists of premises where customers either congregate, associate, or consort with employees who engage in “specified sexual activities” with or in the presence of such customers, or who display “specified anatomical areas” in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

Adult Lounge.

An “adult cabaret” as defined above which is allowed or licensed pursuant to the Alcoholic Beverage Code, where alcoholic beverages may be served or sold.

Adult Drive-In Theater.

A drive-in theater used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

Adult Retail Store.

This is a retail establishment in which:

one of its principal business purposes is the sale or rental of items, products or equipment distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”; or

any person is excluded by virtue of age from all or part of the premises generally held open to the public, where products or equipment are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

ALCOHOLIC BEVERAGES, MIXED:

Beer, beer by the bottle, wine, wine by the bottle and mixed alcoholic drinks.

ALLEY:

A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

ALTERATION:

For the purpose of regulating historic landmarks or any property within a historic district, shall mean any physical change to the exterior appearance of a building or structure, including but not limited to certain miscellaneous modifications not requiring a permit from the Building Official, such as:

change of exterior color, by painting or other similar finish work;

installation of siding; and

window treatment, including but not limited to window replacements and awnings supported by an exterior wall.

ANIMAL FEEDLOT:

A relatively small, confined land area for fattening hoofed animals or holding them temporarily for shipment.

ANIMAL KENNEL:

Any structure or premises where animals ordinarily considered household pets are kept, boarded, bred or trained, for commercial gain.

APARTMENT:

A room or suite of rooms in an apartment building used as a separate residence.

BAR OR TAVERN:

A place where the sale of alcoholic beverages for consumption on the premises exceeds 75% of the gross revenue of the establishment.

BASEMENT:

That portion of a building below the ground floor which is located at least partly below grade, but located such that the vertical distance from grade to floor below is greater than the vertical distance from grade to ceiling.

BED AND BREAKFAST:

Overnight lodging and a morning meal provided in a dwelling unit, to transients and for compensation.

BLOCK:

An area within the City enclosed by streets and occupied by or intended for buildings.

BLOCK FACE:

The distance along one side of a street between the nearest two streets that intersect said street on the same side.

BOARDING HOUSE or ROOMING HOUSE:

A dwelling unit or group home where lodging is provided:

For compensation;

By prearrangement;

In rooms without kitchen facilities;

For 5 or more roomers or boarders;

For periods of one week or longer; and

With or without meals.

See also “Group Home.”

BREEZEWAY:

A passage that is one story in height, covered by a roof, and for which the sole purpose is to provide a covered or walkway connection between a main building and an accessory building. In determining the minimum setback required for buildings, connection by a breezeway shall not make any accessory building an integral part of the principal building on the lot.

BUILDING:

Any structure built for the support, shelter and enclosure of persons, animals, goods or movable property of any kind. Any roof-covered structure shall be considered a building.

CAMPGROUND:

A lot or tract of land upon which two or more campsites are located, established or maintained for occupancy by camping units or recreational vehicles (of the general public) as temporary living quarters for recreational, education or vacation purposes.

CAMPING UNIT:

Any tent, trailer, cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for recreational, education or vacation purposes.

CARPORT:

A roof-covered structure intended for the purpose of storing vehicles and remaining substantially open on at least two of its sides.

CONDITIONAL USE:

A use allowed in a specific district, provided that approval is obtained from the Planning Commission and any special conditions are observed.

DISTRICT:

A section of the City delineated for administrative purposes, within which regulations apply uniformly, for example, area, height, or use of buildings.

DISABILITY OR DISABLED PERSON:

For the purpose of determining who is eligible for residency in a “community home” allowed as household living, a person with a disability means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:

an orthopedic, visual, speech or hearing impairment;

Alzheimer’s disease;

pre-senile dementia;

cerebral palsy;

epilepsy;

muscular dystrophy;

multiple sclerosis;

cancer;

heart disease;

10.

diabetes;

11.

mental retardation;

12.

emotional illness.

DWELLING, SINGLE-FAMILY:

A detached building having accommodations for and occupied by not more than one family or housekeeping unit, and which occupies a lot or tract of land on which no other dwelling unit (except an accessory apartment where explicitly allowed by this Zoning Ordinance) is situated. Separate guest quarters which do not include facilities for both cooking and sanitation are allowed to occupy a detached accessory structure on the same lot as a single-family dwelling.

DWELLING, TWO-FAMILY:

A detached building having separate accommodations for and occupied by not more than two families or housekeeping units, and which occupies a lot or tract of land on which no other dwelling unit (except an accessory apartment where explicitly allowed by this Zoning Ordinance) is situated.

DWELLING, ZERO LOT LINE:

A single-family dwelling unit built on or near one side lot line, with open yards required on all remaining sides, and constructed as a detached unit on an individual lot.

DWELLING UNIT:

A building or portion thereof designed and used for residential occupancy by a single household and including exclusive sleeping, cooking, and sanitation facilities.

FAMILY:

A family is any number of individuals living together as a single housekeeping unit in which not more than four individuals are unrelated by blood, marriage or adoption.

FENCE:

An artificial barrier of any material or combination of materials erected to enclose or screen areas of land.

FENCE, PRIVACY:

A fence of wood, masonry or metal, permanently constructed of products commercially sold as fence materials and which provides a solid, opaque barrier.

FLOOR AREA or FLOOR AREA RATIO:

See Sec. 803, Measurements.

GLARE:

Any intense, harsh or uncomfortably bright light.

GROUP HOME:

A facility or dwelling unit housing more than four persons unrelated by blood, marriage or adoption, and that operates under a housekeeping management plan based on an intentionally structured relationship providing organization and stability. See also “Boarding House and Rooming House.”

HEIGHT:

See Sec. 803, Measurements.

HISTORIC DISTRICT:

An area encompassed within an H-O (Historic) Overlay Zone and which contains multiple properties that together constitute a distinct section of the city, that is united historically or aesthetically by plan or physical development.

HORSE BOARDING (PUBLIC STABLE):

Any structure or premises where equine animals are housed or boarded for a service charge or for hire.

HORSE RIDING ACADEMY:

Any premises where equine animals are boarded and/or where instruction in riding, jumping, or showing is offered, and/or where the general public may, for a fee, hire equine animals for riding.

HOTEL:

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

HOUSEHOLD or HOUSEKEEPING UNIT:

Any one of the following.

One or more persons related by blood, marriage or adoption, living together in a dwelling unit.

A group of not more than four persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit.

Two unrelated persons and their children living together in a dwelling unit.

HUD-CODE MANUFACTURED HOME:

A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, (and when erected on a site, is 320 square feet or more) 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.

LANDMARK:

Any individual building, structure, object or site that is significant for historic, architectural or archaeological reasons.

LOT:

A developed or undeveloped tract or parcel of land suitable for building purposes and legally transferable as a single unit of land. For the purpose of this Zoning Ordinance, a lot may or may not coincide with a lot shown on any recorded plat.

LOT AREA:

See Sec. 803, Measurements.

LOT TYPES:

(See also, Sec. 803, Measurements.)

Corner Lot -

A lot that adjoins the point of intersection of two or more street lines. Any lot adjoining a curved street at a point where the street line describes an arc subtended by an angle of 135 degrees or less shall also be considered a corner lot.

Through Lot -

A through lot is a lot that has two street lines that are opposite each other, and that are parallel to (or within 45 degrees of being parallel to) each other, and that is not a corner lot.

Interior Lot -

Any lot that is not a corner lot or a through lot.

LOT LINE:

See Sec. 803, Measurements.

LOT OF RECORD:

A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Jones [Lubbock] County, or a parcel of land, the deed for which has been recorded in the office of the County Clerk of Jones [Lubbock] County.

MAJOR REPAIR or SUBSTANTIAL ALTERATION:

For off-street parking and loading purposes, these terms shall refer to either one or both of the following construction activities.

Construction of additional floor area to an existing building equal to or in excess of 25 percent of the present floor area of the building in question.

Repairs or alterations to an existing building, that are expected to increase the monetary value of that building by a factor of 50 percent or more, as determined by the Building Official.

MANUFACTURED HOUSING or MANUFACTURED HOME:

see “HUD-Code Manufactured Home.”

MANUFACTURED HOUSING PARK:

A contiguous parcel of land with required improvements and utilities for the accommodation of occupied manufactured housing; may include services and facilities for the residents.

MANUFACTURED HOUSING SUBDIVISION:

A tract or land that is to be, or has been, divided or partitioned into two or more lots of adequate size for residential use by a subdivider or his agent for the purpose of sale and occupancy with manufactured housing units. The term subdivision includes resubdivision.

MANUFACTURED HOUSING SPACE or LOT:

A designated parcel of land for the placement of a single manufactured housing unit and the exclusive use of its occupants, that is not located on a manufactured housing sales lot.

MOBILE HOME:

A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 square feet or more, and that 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.

NONCONFORMING USE or STRUCTURE:

A building, structure or use of land lawfully occupied at the time of the effective date of this Zoning Ordinance, and which does not conform to the regulations of the district in which it is situated.

OFF-STREET PARKING SPACE:

An area of appropriate dimensions for the parking of an automobile not located on a public street or alley. An off-street parking space may be enclosed or unenclosed, and includes a driveway connecting the parking space with a street or alley permitting free ingress and egress.

OFF-STREET LOADING SPACE:

A space located on the subject property for the standing, loading and unloading of vehicles to avoid undue interference with the public use of streets and alleys.

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 projection of cornices, eaves or porches.

OVERLAY ZONE:

A set of zoning requirements that is described in the Zoning Ordinance text, is outlined on the Official Zoning Map for the City of New Deal, and is imposed in addition to those requirements of the zoning district which underlies it. Development in the overlay zone must conform to requirements of the underlying district, except as otherwise amended or modified by requirements of the overlay zone.

PARKING, ALL-WEATHER SURFACE:

A surface consisting of compacted caliche, gravel, or a surface consisting of any similar material approved by the Building Official.

PAVED SURFACE or PAVING:

Any of the following methods of covering a surface upon which motor vehicles may be driven:

Hot Mix Asphaltic Concrete - Texas Highway Dept., Type F, minimum thickness of 1-1/4 inches.

Two Course Penetration - surface composed of two layers of crushed stone and asphalt. First Course - Texas Highway Department. Grade 2, Type D: Second Course – Texas Highway Department, Grade 4, Type D.

Concrete - Reinforced concrete minimum 28 day compressive strength of 3,000 psi and minimum thickness of 5 inches.

Brick Paves or Other Special Finish Surfaces - any proposed paved surface finish other than those specified above shall be subject to review and approval by the Building Official. The applicant shall provide technical and design information as required by the Building Official.

RECREATIONAL VEHICLE:

A vehicular type of portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

RECREATIONAL VEHICLE PARK:

See “Campground”.

RECYCLING CENTER:

A parcel of land, with or without buildings, upon which small items such as cans, glass, plastic and paper (collected from household and business consumers) are separated and processed for shipment for eventual reuse in new products.

RECYCLABLE MATERIALS COLLECTION CENTER:

A use characterized by the collection (from household and business consumers) of small items such as cans, glass, plastic and paper, for temporary storage and subsequent transport to another facility for processing. No mechanical means of processing or collecting shall be allowed, including, but not limited to the crushing of cans.

REHABILITATION:

The upgrading of a building previously in a dilapidated or substandard condition, for human habitation or use.

RENDERING, MEAT AND POULTRY BY-PRODUCTS:

Converting waste from animal slaughterhouses, kitchen grease and/or livestock carcasses into industrial fats and oils (such as tallow for soap) and various other products (such as fertilizer).

RESTAURANT:

A place where the primary business is the preparation and sale, on the premises, of food to members of the general public, and providing kitchen facilities separate and apart from the area of the premises devoted to public dining and which may or may not provide live entertainment to patrons of the premises.

RESTAURANT KITCHEN FACILITIES:

A separate area located in or on the premises of a restaurant, which area meets the following conditions or standards:

Meets all requirements of other applicable city codes.

Contains a stove and oven in working order.

Provides refrigerated storage for food to be prepared and sold on the premises.

Is staffed by a full-time cook or chef who must be on duty for the preparation of food during the hours that the restaurant is open to members of the general public until the hour of 11:00 p.m. each day said restaurant is open for business.

Provides a full-service menu with a variety of entrees to be available until 11:00 p.m. each day to members of the general public seeking food on the premises which lists all food items for sale together with the price of such items.

Maintains a food inventory and condiments for use by the cook or chef in they [the] preparation of food for sale to members of the general public.

Provides pots, pans and utensils necessary for use by the cook or chef in the preparation of menu items for sale to members of the general public.

RESTAURANT WITH MIXED ALCOHOLIC BEVERAGE SALES AS INCIDENTAL USE:

A place meeting the definition of “restaurant” as set forth in this Code and containing “Restaurant Kitchen Facilities” as defined in this Code that serves mixed alcoholic beverages to members of the general public as an incidental use to their primary business operation and which meets the following conditions:

No outside or exterior entrance shall be provided for any area of the premises exclusively devoted to the preparation, sale and primary consumption of mixed alcoholic beverages.

No outside sign, separate identification, or advertising of any type shall be allowed for the area within the restaurant devoted to the preparation, sale and primary consumption of mixed alcoholic beverages.

No independent advertising of mixed alcoholic beverages for sale shall be allowed, however, it shall be permissible to advertise the sale of mixed alcoholic beverages with food offered for sale to the general public in any public advertisement.

RESTORATION:

The replication or reconstruction of a building’s original architectural features, usually, with regard to historic landmarks.

ROOMING HOUSE:

See “Boarding House or Rooming House.”

SEATS:

See Sec. 803, Measurements.

SIGN:

Any object, device, display or structure, or part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images, excluding religious symbols.

SPECIFIED ANATOMICAL AREAS:

The following shall be considered specified anatomical areas:

Less than completely and opaquely covered:

human genitals, pubic region[;]

buttock[;]

female breast below a point immediately above the top of the areola; and

Human genitals in a state of sexual stimulation or arousal; or

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STORY:

See Sec. 8.03, Measurements.

STREET:

Any vehicular thoroughfare or public driveway, other than an alley, that is more than 20 feet in width and that has been formally dedicated or is actually used by the public as a thoroughfare, usually, including sidewalks and drainageways that line one or more of its sides.

STRUCTURAL ALTERATION:

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

STRUCTURE:

A combination of materials held or put together is [in] a specific way to form a construction for use, occupancy or ornamentation, whether installed on, above, or below the surface of land or water. Note that all buildings are considered structures; however, not all structures are buildings. See also “Building.”

TANDEM PARKING:

Parking two vehicles end to end in the same driveway.

USE:

The purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

YARD:

An open, unoccupied space on a lot on which a building is situated that is unobstructed from the ground to the sky (see also “Open Space”).

YARD, REQUIRED:

A required yard is that portion of the open area on a lot extending open and unobstructed from the ground to the sky along a lot line and from that lot line for a depth (or width) specified by the regulations of the district in which the lot is located.

ZONING ADMINISTRATOR:

The person designated by the City Council to administer this ordinance.

ZONING MAP:

The Official Zoning Map, incorporated into this Zoning Ordinance and made a part hereof.

(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)