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.
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.
1.
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.
2.
Any business operated by or employing physicians, osteopaths,
chiropractors or nurses, licensed by the State of Texas, engaged in
practicing the healing arts.
3.
Any retail establishment whose major business is the offering
of wearing apparel for sale to customer.
4.
A person appearing in a state of nudity, at a scheduled class
for instruction in drawing, painting, sculpture, or photography operated
as follows.
a.
By a proprietary school, licensed by the State of Texas; a college,
junior college, or university supported entirely or partly by taxation.
b.
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.
c.
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:
1.
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.
a.
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.”
b.
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.
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2.
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:
a.
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.
b.
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.
3.
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.”
4.
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.
5.
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.
6.
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.”
7.
Adult Retail Store.
This is a retail establishment in which:
a.
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
b.
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.”
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:
1.
change of exterior color, by painting or other similar finish
work;
2.
installation of siding; and
3.
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:
3.
In rooms without kitchen facilities;
4.
For 5 or more roomers or boarders;
5.
For periods of one week or longer; and
6.
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:
1.
an orthopedic, visual, speech or hearing impairment;
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.
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 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.
1.
One or more persons related by blood, marriage or adoption,
living together in a dwelling unit.
2.
A group of not more than four persons not related by blood,
marriage, adoption, or legal guardianship living together in a dwelling
unit.
3.
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 TYPES:
(See also, Sec. 803, Measurements.)
1.
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.
2.
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.
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.
1.
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.
2.
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 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:
1.
Hot Mix Asphaltic Concrete - Texas Highway Dept., Type F, minimum
thickness of 1-1/4 inches.
2.
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.
3.
Concrete - Reinforced concrete minimum 28 day compressive strength
of 3,000 psi and minimum thickness of 5 inches.
4.
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.
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:
1.
Meets all requirements of other applicable city codes.
2.
Contains a stove and oven in working order.
3.
Provides refrigerated storage for food to be prepared and sold
on the premises.
4.
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.
5.
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.
6.
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.
7.
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:
1.
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.
2.
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.
3.
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.
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:
1.
Less than completely and opaquely covered:
a.
human genitals, pubic region[;]
c.
female breast below a point immediately above the top of the
areola; and
2.
Human genitals in a state of sexual stimulation or arousal;
or
3.
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.”
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 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)