For the purpose of this chapter, certain terms and words are
to be used and interpreted as defined hereinafter. Words used in the
present tense shall include the future tense; words in the singular
number include the plural and words in the plural number include the
singular, except where the natural construction of the writing indicates
otherwise. The word shall is mandatory and not discretionary.
Accessory building.
(1) In a residential district, a subordinate building, attached
to or detached from the main building, without separate utilities,
not used for commercial purposes, and not rented. (2) In other districts,
a subordinate building, the use of which is incidental to and used
only in conjunction with the main building.
Accessory dwelling.
A secondary dwelling unit established in conjunction with
and clearly subordinate to a primary dwelling unit, whether a part
of the same structure as the primary dwelling unit or a detached dwelling
unit on the same lot.
Accessory structure.
A secondary structure that is open on at least two sides.
Examples of accessory structures include, but are not limited to,
detached carports, patio covers, arbors, gazebos, cabanas, garbage
and trash enclosures, and other structures that extend vertically
above grade.
Accessory use.
A use subordinate to the principal use of a building or lot
and serving a purpose customarily incidental to the principal use.
Agent of owner.
Any person who can show certified written proof that he is
acting for the property owner.
Aircraft hangar.
A hanger for the storage of four (4) or fewer single-motor
aircraft and in which no volatile of flammable oil is handled, stored,
or kept other than that contained in the fuel storage tank of the
aircraft.
Airport or landing field.
Any area of land or water designed and set aside for the
landing and take-off of aircraft, including all necessary facilities
for the housing and maintenance of aircraft.
Alcoholic beverage establishment.
Any establishment that derives seventy-five (75) percent
or more of its gross revenue on a quarterly basis from the sale or
service of alcoholic beverages, as defined in the Texas Alcoholic
Beverage Code, as amended, for on-premises consumption.
Alley.
An unnamed public or private right-of-way that is primarily
designed to serve as secondary access to the rear or side of those
properties whose principal frontage is on some other street.
Animal and poultry husbandry, dairying and pasturage.
The use of land for dairying, animal raising and pasturage
and the necessary accessory uses; provided, however, that such accessory
uses shall be secondary to that of normal animal husbandry activities.
The above uses shall not include the commercial feeding of garbage
or offal to swine or other animals.
Animal hospital.
An establishment for the care and treatment of small animals,
including household pets.
Animal pound or shelter.
Any premises designated by the city for the purpose of boarding
and caring for any animal impounded under the provisions of this chapter
or any other ordinance of the city or law of the state.
Apartment.
A room or suite of rooms in an apartment house arranged,
designed or occupied as a residence by a single family, individual
or group of individuals.
Apartment house.
Any multifamily dwelling or building or portion thereof,
which is designed, built, rented, leased, let or hired out to be occupied
as three or more apartments or which is occupied as the home or residence
of three or more families living independently of each other and maintaining
separate cooking facilities.
Arena, coliseum or stadium.
A commercial structure with tiers of seats rising around
a field or court, intended to be used primarily for the viewing of
athletic events. Sports arena may also be used for entertainment and
other public gathering purposes, such as conventions, circuses, or
concerts.
Art gallery.
An establishment engaged in the sale, loan, or display of
art books, paintings, sculpture, or other works of art. This clarification
does not include libraries, museums, or non-commercial art galleries.
Auditorium, or amphitheater.
An open, partially enclosed, or fully enclosed facility used
or intended to be used primarily for spectator sports, entertainment
events, expositions, and other public gatherings. Typical uses include
convention and exhibition halls, sports arenas, and amphitheaters.
Automobile, motorcycle, boat, or trailer sales, new or used.
Any business establishment that sells or leases new or used
automobiles, trucks, vans, trailers, recreational vehicles, boats,
or motorcycles or other similar motorized transportation vehicles.
An automobile dealership may maintain an inventory of the vehicles
for sale or lease either on-site or at a nearby location and may provide
on-site facilities for the repair and service of the vehicles sold
or leased by the dealership.
Automobile laundry, carwash.
The use of a site for washing and cleaning of passenger vehicles,
recreational vehicles, or other light duty equipment.
Automobile rental or taxi storage and repair.
Any building, structure, improvements, or land used for the
repair and maintenance of automobiles, motorcycles, trucks, trailers,
or similar vehicles including but not limited to body, fender, muffler,
or upholstery work, oil change and lubrication, painting, tire service
and sales, or installation of CB radios, car alarms, stereo equipment,
or cellular telephones.
Automobile repair, body work, or painting.
Any building, structure, improvements, or land used for the
repair and maintenance of automobiles, motorcycles, trucks, trailers,
or similar vehicles including but not limited to body, fender, muffler,
or upholstery work, oil change and lubrication, painting, tire service
and sales, or installation of after market accessories.
Automobile service station.
Any building, structure, or area of land used for the retail
sale of automobile fuels, oils, and accessories. May include the sale
of propane or kerosene as accessory uses.
Bait store.
Any building, structure, or area of land used for the sale
of live and dead bait and fishing tackle to the public as a principal
or incidental operation.
Bakery, confectionery, or similar (retail).
An establishment primarily engaged in the retail sale of
baked products for consumption off site. The products may be prepared
either on or off site. Such use may include incidental food service.
A bakery shall be considered a general retail use.
Bakery, wholesale.
A bakery in which there is permitted the production and/or
wholesaling of baked goods, but where over-the-counter or other retail
dispensing of baked goods shall be prohibited.
Barbershop.
Any establishment or place of business within which the practice
of barbering is engaged in or carried on by one or more barbers.
Basement.
A story whose floor is more than 12 inches, but not more
than half of its story height below the average level of the adjoining
ground (as distinguished from a "cellar" which is a story more than
one-half below such level). A basement or cellar, when used as a dwelling,
shall be counted as a story for purposes of height measurement.
Beauty parlor.
Any commercial establishment, residence, vehicle, or other
establishment, place, or event wherein cosmetology is offered or practiced
on a regular basis for compensation; may include the training of apprentices
under regulations of the board.
Bed and breakfast establishments.
A transient lodging establishment, generally in a single-family
dwelling or detached guesthouses, primarily engaged in providing overnight
or otherwise temporary lodging for the general public and may provide
meals for compensation.
Boarding house.
A building other than a hotel, where lodging and meals for
five (5) or more persons are served for compensation. Also referred
to as roominghouse.
Bowling alley.
An establishment that devotes more than 50 percent of its
gross floor area to bowling lanes, equipment, and playing area.
Building.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property. When such a structure is divided into separate
parts by one (1) or more unpierced walls extending from the ground
up, each part is deemed a separate building.
Building area.
The building area is the inner edge of any required yard
or required setback, and the corresponding outer edge of the buildable
area. No portion of the main building or structure may be extended
to occupy any portion of the lot outside its building area.
Building height.
The vertical dimension from the lowest point of the building,
structure, or wall exposed above the ground surface to the highest
point of the roof, parapet wall, or uppermost part. Chimneys, vents,
or utility service structures shall not be included in the measurement
of vertical dimensions.
Building line.
A line parallel or approximately parallel to a lot line or
street line and beyond which buildings may not be erected.
Building material sales or monument sales.
Any retail trade use characterized by the sale of bulky items,
outside display or storage of merchandise or equipment, such as farm
and garden supplies, ice storage houses, lumber and building materials,
and stone monument sales.
Building official.
Is the officer or other designated authority charged with
the administration and enforcement of the city building code, or duly
authorized representative.
Building, main.
A building in which is conducted the principal use of the
site on which it is located. In any residential district any and all
dwellings shall be deemed to be main buildings on the site on which
they are located.
Bus station.
A location on private property where buses arrive and depart.
Carnival or circus.
A traveling or transportable group or aggregation of rides,
shows, games, or concessions or any combination thereof.
Carport.
An accessory structure made of canvas, aluminum, or similar
materials, or any combination thereof, on movable framing for the
shade and shelter of one (1) or more private passenger vehicles.
Caterer.
An establishment that serves and supplies food to be consumed
off premises.
Cemetery or mausoleum.
Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, necessary sales, and maintenance facilities.
Mortuaries may be included when operated within the boundary of such
cemetery.
Central business district (CBD).
The major commercial downtown center of the city, defined
as the area designated on the official zoning map being: Montgomery
Street from the railroad tracks south to Jones Street, Jones Street
west to U.S. Highway 75, U.S. Highway 75 north to the railroad tracks,
railroad tracks east to Montgomery Street.
Christmas tree sales.
A retail sales operation, generally conducted wholly out-of-doors,
that offers for sale on a temporary, limited basis Christmas trees
and related holiday items such as wreaths and Christmas tree stands.
The allowable sales period extends generally from the Thanksgiving
holiday through December 25th.
Church or place of worship.
A building used primarily for religious assembly and worship
and those accessory activities which are customarily associated therewith,
and the place of residence for ministers, priests, nuns, rabbis, or
other religious personnel on the premises (tax exempt as defined by
state law). For the purposes of this chapter, Bible study and other
similar activities that occur in a person's primary residence shall
not apply to this definition.
City.
References to the "city" shall mean the City of Sherman,
Texas.
Co-location.
Installation of an additional antenna on an existing tower
or pole.
Commercial amusement centers.
An establishment providing indoor or outdoor recreation activities.
Accessory uses may include the preparation and serving of food or
the sale of equipment related to the enclosed uses. Included in this
definition shall be bowling, rollerskating or ice-skating, billiards,
pool, shooting ranges, and related amusements.
Community center.
A building to be used as a place of meeting, recreation,
or social activity and not operated for profit and in which neither
alcoholic beverages or meals are normally dispensed or consumed.
Concession stand.
A structure devoted to the sale of confections, snacks, or
other light meals and providing no inside seating nor drive-in service
for the customers.
Convalescent home.
Any structure used for or occupied by more than three persons
recovering from illness or suffering from the infirmities of old age.
Country club.
A club with recreation facilities for members, their families
and invited guests.
Court.
An open, unoccupied and unobstructed space, other than a
yard, on the same lot with a building or group of buildings.
Credit access bureau (loan office).
Credit access businesses obtain credit for a consumer from
an independent third-party lender in the form of a deferred presentment
transaction or a motor vehicle title loan, more commonly referred
to as "payday loans" or "title loans."
Dance hall.
Establishments in which more than ten (10) percent of the
total floor area is designed or used as a dance floor, or where an
admission fee is directly collected, or some other form of compensation
is obtained for dancing.
Density.
The maximum number of residential units permitted on a lot.
Department store.
A business which is conducted under a single owner's name
wherein a variety of unrelated merchandise and services are housed
enclosed and are exhibited and sold directly to the customer for whom
the goods and services are furnished.
Detached structure.
Any building, accessory building or structure that is not
physically attached to any other building or structure by any means.
District or zoning district.
A portion of the territory of the city within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
Dormitories.
A building intended or used principally for sleeping accommodations
where such building is related to an educational or public institution,
including religious institutions.
Drug-store or pharmacy.
An establishment engaged in the retail sale of prescription
drugs, nonprescription medicines, cosmetics, and related supplies.
Dwelling.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, but not
including a tent, trailer or mobile home.
Dwelling unit or unit.
One (1) room, or a suite of two (2) or more rooms, designed
for or used by one (1) family for living and sleeping purposes and
having only one (1) kitchen or kitchenette.
Dwelling, duplex or two-family.
A single-family dwelling with a single-unit structure in
a row of two (2) such units in which each unit has its own access
to the outside, no unit is located over another, each is separated
from any other unit by one (1) common fire-resistant wall, and two
(2) units are on an individually platted lot.
Dwelling, multifamily.
Vertically and horizontally attached dwelling units designed
for or used exclusively for residence purposes by three (3) or more
families or housekeeping units living independently of one another.
A multifamily dwelling does not include a single-family for rent (build-to-rent)
dwelling.
Dwelling, single-family.
A building designed for or used exclusively for residence
purposes by one family or housekeeping unit.
Dwelling, single-family for rent (build-to-rent).
A single-family dwelling within a unified development with
at least four (4) single-family attached or single-family detached
dwellings on one platted lot. A single-family for rent (build-to-rent)
dwelling does not include a multifamily dwelling.
Dwelling, townhome.
A single-family dwelling with a single-unit structure in
a row of at least three (3) or more such units in which each unit
has its own access to the outside, no unit is located over another,
each is separated from any other unit by one (1) or more common fire-resistant
walls, and each unit is on an individually platted lot.
Electric power substation or generating including ground-mounted
solar and wind.
A facility that converts electrical power, including but
not limited to water power, fossil fuels, nuclear power, or solar
power, into electrical energy or steam. A power generation plant may
also perform either or both of the following: (1) operation of a transmission
system that conveys the energy or steam from the generation facility
to a power distribution system; (2) operation of a distribution system
that conveys energy or steam from the generation facility or the transmission
system to final consumers.
Exterminator.
A business establishment specializing in the elimination
of vermin, insects, or similar.
FAA.
The Federal Aviation Administration.
Fairgrounds or rodeo.
An area of land use including but not limited to: Agricultural
related office buildings, animal shows and judging, carnivals, circuses,
community meeting or recreational buildings and uses, concerts, food
booths and stands, games, rides, rodeos, sales and auctions, storage,
theaters. Such county fairs, exhibitions, and shows do not include
racetracks or motorized contests of speed.
Family.
A person living alone, or two (2) or more persons living
together as a single housekeeping unit in a dwelling unit, and in
which not more than four individuals are unrelated by blood.
Farm equipment sales, service, repairs, feed store.
Establishments selling, renting, or repairing agricultural
machinery, equipment, and supplies for use in soil preparation and
maintenance, the planting and harvesting of crops, and other operations
and processes pertaining to farming and ranching.
FCC.
The Federal Communications Commission.
Fence.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or other manufactured material or combination of materials
erected to enclose, screen, or separate areas.
Floor area of a building.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the centerlines of exterior
walls or from the centerline of walls separating two (2) buildings
in square feet. The floor area measurement is exclusive of areas of
unfinished attics, attached garages or space used for off-street parking
or loading, breezeways, enclosed or unenclosed porches, elevator or
stair bulkheads, and accessory structures.
Florist shop.
Retail business whose principal activity is the selling of
plants which are not grown on the site and conducting business within
an enclosed building.
Food or grocery store, retail.
Stores where most of the floor area is devoted to the sale
of food products for home preparation and consumption, which typically
also offer other home care and personal care products, and which are
substantially larger and carry a broader range of merchandise than
convenience stores.
Food products, manufacturing, processing or storage.
Manufacturing establishments producing or processing foods
for human consumption and certain related products. Includes:
(1)
Bakery products, sugar and confectionery products (except facilities
that produce goods only for on-site sales with no wider distribution;
(2)
Dairy products processing;
(3)
Fats and oil products (not including rendering plants);
(4)
Fruit and vegetable canning, preserving, and related processing;
(5)
Grain mill products and byproducts;
(6)
Meat, poultry, and seafood canning, curing, and byproduct processing
(not including facilities that also slaughter animals); and
(7)
Miscellaneous food preparation from raw products, including
catering services that are independent from food stores or restaurants.
Food truck lot.
A location in which three (3) or more mobile food businesses
that congregate at an established private property to offer food or
beverages for sale to the public.
Forge plant.
A business in which the manufacturing process involves the
shaping of metal using localized compressive forces.
Freight container/portable storage container.
A standardized, reusable shipping vessel used in the transportation
of freight and capable of being mounted and moved on a rail car, or
mounted on a chassis or bogie for movement by truck trailer or loaded
on a ship.
Funeral home, mortuary, or crematory.
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation. A funeral home, as defined for purposes of this
code, includes a funeral chapel.
Garage or maintenance yard, government.
The servicing, repairing, storing or altering of any vehicles,
apparatus, or equipment to perpetuate the use or purpose for which
such vehicles, apparatus, or equipment was originally intended.
Golf course.
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways, and hazards.
A golf course includes a clubhouse and shelters as accessory uses.
Golf driving range.
An area equipped with distance markers, clubs, balls, and
tees for practicing golf drives and putting, and which may include
a snackbar and proshop, but excludes miniature golf courses and "putt-putt"
courses.
Governmental office.
A building used for the provision of governmental executive,
management, administrative, and/or postal services. Governmental offices
include those facilities owned and/or operated by city, special district,
county, state, and federal agencies.
Grade, existing.
The average level of the original surface of the ground adjacent
to the exterior walls of the building.
Grain, milling or processing, elevators.
The processing of crops after harvest, to prepare them for
on-site marketing or processing and packaging elsewhere. Includes
the following: Alfalfa cubing; corn shelling; cotton ginning; custom
grist mills; custom milling of flour, feed and grain; dairies (but
not feedlots); drying of corn, rice, hay, fruits, and vegetables;
grain leaning and custom grinding; hay baling and cubing; pre-cooling
and packaging of fresh or farm-dried fruits and vegetables; sorting,
grading, and packing of fruits and vegetables, tree nut hulling and
shelling.
Halfway house.
A place where persons are aided in readjusting to society
following a period of imprisonment, hospitalization, or institutionalized
treatment.
Hardware store and small tool rental.
A facility primarily engaged in the retail sale of various
basic hardware lines, such as tools, builders' hardware, plumbing
and electrical supplies, paint and glass, housewares and household
appliances, garden supplies, and cutlery.
Hatchery.
Establishments devoted to hatching, raising or rearing fish.
Health club or studio.
A facility where members or nonmembers use equipment or space
for the purpose of physical exercise.
Height.
When referring to an antenna or other structure, the distance
measured from the ground level to the highest point on the structure,
even if the highest point is an antenna.
Heliport or helistop.
An area designed to be used for the landing or takeoff of
helicopters including operations facilities, such as maintenance,
loading and unloading, storage, fueling, or terminal facilities.
Home occupations.
A business, profession, occupation or trade conducted within
a dwelling unit or elsewhere on a lot primarily used for dwelling
purposes for compensation or gain by a resident of the dwelling unit.
Hospital.
An institution providing health services primarily for human
inpatient or medical or surgical care for the sick or injured, and
including the related facilities such laboratories, outpatient departments,
training facilities, central service facilities, and staff offices
which are integral parts of the facilities.
Hotel.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests and
is not a rooming or boarding house as herein defined.
HUD-code manufactured home.
A structure constructed on or after 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 length, or, when erected on site, is three hundred twenty (320)
or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling, with or without a permanent foundation
when connected to the required utilities and includes the plumbing,
heating, air-conditioning, and electrical systems. The term does not
include a recreational vehicle as that term is defined by 24 C.F.R.
section 3282.8(g).
Ice vending establishment.
Any unattended self-service device that, upon insertion of
a coin, coins, or token, or by similar means, dispenses anything of
value including food, beverage, goods, wares, merchandise, or services.
Industrial and manufacturing plants (acid, cement, chemicals,
fertilizer, gypsum, lime, paper or pulp).
The manufacturing of acid, cement, chemicals, fertilizer,
gypsum, lime, paper or pulp, or similar.
Industrialized housing.
An off-site modularly constructed single-family or duplex
to be used as a permanent residential structure in accordance with
the laws of the state and have all local permits and licenses applicable
to other single-family or duplex residences and shall:
(1)
Have a value equal to or greater than the median taxable value
for each single-family dwelling located within 500 feet of the lot
on which the industrialized housing is proposed to be located;
(2)
Have exterior siding, roofing, roof pitch, foundation fascia,
and fenestration compatible with the single-family dwellings located
within 500 feet of the lot on which the industrialized housing is
proposed to be located;
(3)
Comply with municipal aesthetic standards, building setbacks,
side and rear yard offsets, subdivision control, architectural landscaping,
square footage, and other site requirements applicable to single-family
dwellings; and
(4)
Be securely fixed to a permanent foundation.
Industrialized housing value.
The taxable value of the industrialized housing and the lot
after installation of the housing. Such housing and lot value shall
be accurately estimated by the tax appraiser for the Grayson County
Tax Appraisal District before installation upon the lot.
Junk, salvage yard, or wrecking service.
A tract of land, including any accessory structure thereon,
that is used for buying, selling, storing, baling, packing, disassembling,
or handling waste or scrap materials. Such scrap materials include
vehicles, machinery, and equipment not in operable condition, and
metals, glass, paper, plastics, rags, and rubber tires. A lot on which
three or more inoperable vehicles are stored shall be deemed a junkyard.
A junkyard includes an automobile wrecking yard.
Laboratory, medical or dental.
A facility offering diagnostic or pathological testing and
analysis of blood, blood fluids, pathological specimens, DNA sampling
and analysis, and any other diagnostic test generally recognized in
the healthcare industry.
Laboratory, research or testing.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
Laundry cleaning plant.
A building, portion of a building, or premises used or intended
to be used for cleaning fabrics, textiles, wearing apparel, or articles
of any sort by immersion and agitation, or by immersions only, in
volatile solvents including, but not by way of limitation, solvents
of the petroleum distillate type, and/or the chlorinated hydrocarbon
type, and the processes incidental thereto.
Laundry, pickup station.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on
the premises.
Laundry, self-service.
A business that provides washing, drying, and/or ironing
machines for hire to be used by customers on the premises.
Library.
A public facility for the use, but not sale, of literary,
musical, artistic, or reference materials.
Linen or uniform supply, or diaper service.
An establishment that provides customers with a supply of
clean linen, towels, uniforms, gowns, protective apparel, clean room
apparel, mats, rugs, and/or similar items whether ownership of the
item is in the person operating the linen and uniform supply service
or in the customer.
Lot.
One piece, parcel or tract of land which collectively meets
all of the following requirements at the time of filing for a building
permit:
(1)
Is located within a single block;
(2)
Has frontage on an accepted and improved public street;
(3)
Is occupied or utilized or designated by its owner, owners or
developer to be occupied, developed or utilized as a unit for a principal
use and uses accessory thereto, together with such open spaces as
are required by this chapter; and
(4)
Of which a plat has been recorded in the office of the county
clerk.
The word "lot" includes the words "plot" or "parcel."
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Lot depth.
The mean horizontal distance between the front lot line and
rear lot line of a zoning lot.
Lot line, side.
A lot line which is not a front lot line or rear lot line.
A side lot line separating a lot from a thoroughfare other than an
alley is an exterior side lot line as opposed to an interior side
lot line.
Lot width.
The mean horizontal distance between the side lot lines of
a lot.
Lot, area of.
The area of the lot shall be the net area of the lot and
shall not include portions of streets and alleys.
Lot, coverage.
That percentage of the lot area covered by the building area.
Machine shop or welding.
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used such as blacksmith, tinsmith,
welding, and sheet metal shops; plumbing, heating, and electrical
repair shops; and overhaul shops.
Manufactured home park.
A contiguous parcel of land which has been developed for
the placement of manufactured homes and is owned by an individual,
firm, trust, partnership, public or private association, or corporation.
Meeting halls.
A meeting place at which the public or membership groups
are assembled regularly or occasionally, including but not limited
to schools, churches, theaters, auditoriums, funeral homes, stadiums,
and similar places of assembly.
Metal fabrication.
The assembly of metal parts, including blacksmith and welding
shops, sheet metal shops, machine shops, and boiler shops, that produce
metal duct work, tanks, towers, cabinets and enclosures, metal doors
and gates, and similar products.
Mini-warehouse.
A building or group of buildings divided into separate compartments
used to meet the temporary storage needs of small businesses, apartment
dwellers, and other residential uses; and may include refrigerated
facilities.
Mining, processing or storage of construction materials (clay,
gravel, sand, lumber, quarrying of rock or stones, ceramics, stone,
glass, marble, porcelain, brick, stone, tile).
An area of land upon which operations to extract valuable
mineral deposits or other materials — typically, but not limited
to, clay, gravel, sand, lumber, ceramics, stone, glass, marble, porcelain,
brick, stone, tile — have been conducted, are being conducted,
or are planned to be conducted or stored.
Mobile home.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length,
or, when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities and includes the plumbing, heating, air-conditioning,
and electrical systems.
Model home.
A dwelling unit temporarily used for display purposes as
an example of dwelling units available or to be available for sale
or rental in a particular subdivision or other residential development
approved by the city. Model homes may also incorporate sales or rental
offices for dwellings within the development.
Monopole.
A freestanding single pole tower engineered to support communications
antenna(s), which is self-supporting and without guy wires or additional
support.
Motel.
A building or group of buildings in which lodging is provided
to transient guests, offered to the public for compensation, and in
which access to and from each room or unit is through an exterior
door.
Municipal uses operated by the city.
Any area, land, building, structure, and/or facility owned,
used, leased, or operated by the city, including, but not limited
to, administrative office, maintenance facility, fire station, library,
sewage treatment plant, police station, water tower, service center,
park, heliport, helistop, and golf course.
Museum.
An institution devoted to the procurement, care, study, and
display of objects of lasting interest or value.
Nursing home.
Any premises where more than three (3) persons are lodged
and furnished with meals and nursing care.
Office.
Administrative, executive, professional, research, or similar
organizations, having only limited contact with public, provided that
no merchandise or merchandising services are sold on the premises,
except such as are incidental or accessory to the principal permissible
use.
Open space.
Area included in any side, rear or front yard or any other
unoccupied space on a lot that is open and unobstructed to the sky.
Open space, usable.
Open space that may be improved and set aside, dedicated,
designated, or reserved for recreational facilities such as swimming
pools, play equipment for children, ball fields, court games, picnic
tables, or similar. Natural areas may be included as usable open space
if improved with a minimum eight (8) feet wide concrete walking trail.
Areas occupied by enclosed buildings (except gazebos and pavilions),
drives, parking, overhead electrical transmission lines, drainage
channels and antennas may not be included in calculating usable open
space. Usable open space areas must be easily viewed from adjacent
streets and homes.
Outdoor storage.
The keeping of personal or business property or motor vehicles
in a required open parking space or any other area outside of a building
for a period of time exceeding 72 consecutive hours.
Pawn shop.
Any business that loans money on deposit of personal property
or deals in the purchase or possession of personal property on condition
of selling the same back again to the pledger or depositor, or loans
or advances money on personal property by taking chattel mortgage
security thereon, and takes or receives such personal property.
Permanent makeup.
Permanent makeup, also called a cosmetic tattoo or micropigmentation,
is done with the use of a pen containing iron oxide that tattoos the
skin and to create the look of makeup. A tattoo can mimic eyeliner
or lipstick, or it can darken and create the look of thicker eyebrows.
Person.
Includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
Personal service.
A service based on the intellectual or manual efforts of
an individual (as for salary or wages).
Pet shop.
A retail sales establishment primarily involved in the sale
of domestic animals, such as dogs, cats, fish, birds, and reptiles,
excluding exotic animals and farm animals such as horses, goats, sheep,
and poultry.
Portable offices and construction buildings.
A mobile home, travel trailer, truck trailer, or other structure
used as an office in conjunction with a construction project. Only
one (1) construction or field office shall be allowed per construction
site.
Portable storage containers.
A standardized, reusable shipping vessel used in the transportation
of freight and capable of being mounted and moved on a rail car, or
mounted on a chassis or bogie for movement by truck trailer or loaded
on a ship.
Private clubs.
A commercial enterprise whose primary activity is the sale
of alcoholic beverages to be consumed on the premises. Private clubs
include taverns, night clubs, private clubs, bottle clubs, and similar
facilities serving alcoholic liquor.
Psychic/paranormal readings.
A use involving the foretelling of the future in exchange
for financial or other valuable consideration. Fortune telling shall
be limited to uses where the fortune is told through astrology, augury,
card or tea reading, cartomancy, clairvoyance, clairaudience, crystal
gazing, divination, magic mediumship, necromancy, palmistry, psychometry,
phrenology, prophecy, spiritual reading or any similar means. Fortune
telling does not include forecasting based on historical trends or
patterns, religious dogma, or any of the previously listed arts when
presented in an assembly of people who purchase tickets or means in
exchange for the presentation at a site licensed for such purpose.
Public park, playground or playfield.
A natural or landscaped area, buildings, or structures, provided
by a unit of government, to meet the active or passive recreational
needs of people.
Railroad freight station.
A heavy rail facility for freight pick-up or distribution;
may include intermodal distribution facilities for truck or shipping
transport.
Railroad yards, shops, or equipment.
An area of land, a portion of which is covered by a system
of tracks, that provides for the making up of trains by one or more
railroads or private industry concerns. Necessary functions of a railyard
include but are not limited to the classifying, switching, storing,
assembling, distributing, consolidating, moving, repairing, weighing,
or transferring of cars, trains, engines, locomotives, and rolling
stock.
Receive-only antennas/amateur radio antenna.
Any tower or antenna that is under seventy (70) feet in height and is owned or operated by a federally licensed amateur radio station operator or is used exclusively for reception only, including local television broadcast reception antennas, direct broadcast satellite antennas or multichannel multipoint distribution services. Receive only/amateur radio antennas are not subject to regulation under section
14.04.005.
Recycling center.
A building in which recyclable material only is collected,
processed, and/or baled in preparation for shipment to others who
will use those materials to manufacture new products.
Rehabilitation facility.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human diseases, pain, injury, deformity, or physical
condition.
Restaurant.
A commercial establishment where food and beverages are prepared,
served, and consumed primarily within the principal building and where
food sales constitute more than 80 percent of the gross sales receipts
for food and beverages.
Retail store.
Establishments engaged in selling commodities or goods in
small quantities to ultimate customers or consumers.
Sanitary landfill.
Establishment for the disposition of unwanted or discarded
material, including garbage with insufficient liquid content to be
free flowing.
School district bus yard.
Any premises owned and/or operated by an independent school
district used for the parking and storage of motor-driven buses.
School, commercial or trade.
A specialized instructional establishment that provides on-site
training of business, commercial, and/or trade skills such as accounting,
data processing, and computer repair. This classification excludes
establishments providing training in an activity that is not otherwise
permitted in the zone. Incidental instructional services in conjunction
with another primary use shall not be considered a business and trade
school.
Schools; elementary, high, college and universities, public,
private, or denominational.
Any public, parochial, private, charitable, or nonprofit
school, junior college, or university, other than trade or business
schools, including instructional and recreational uses, with or without
living quarters, dining rooms, restaurants, heating plants, and other
incidental facilities for students, teachers and employees.
Secondhand store or rummage shop.
Retail sales of previously used merchandise, such as clothing,
household furnishings or appliances, sports/recreational equipment.
This classification does not include secondhand motor vehicles, parts,
or accessories.
Setback line.
That line which is parallel to and the minimum allowable
horizontal distance from a given point or line of reference, such
as a lot line, to the minimum required building line.
Sewage treatment plant.
The facility or group of units used for the treatment of
industrial or domestic wastewater for sewer systems and for the reduction
and handling of solids and gases removed from such wastes, whether
or not such facility or group of units is discharging into state waters.
"Wastewater treatment plant" specifically excludes any facility or
group of units used for pretreatment, treatment, or handling of industrial
water, wastewaters, reuse waters, and wastes which are not discharged
into state waters.
Sign.
Any structure or part thereof, or any device attached to,
painted on or represented on a building or other structure, upon which
is displayed or included any letter, word, model, banner, decoration,
device, or representation used as, or which is in the nature of, an
announcement, direction, advertisement, or other attention-directing
device.
Sign, "A" frame.
An advertising or business ground sign constructed in such
a manner as to form an "A" or a tent-like shape, hinged or not hinged
at the top; each angular face held at an appropriate distance by a
supporting member.
Sign, area of.
The total exterior surface computed in square feet of a sign
having but one exposed exterior surface; the aggregate exposed exterior
surface computed in square feet of a sign having more than one such
surface.
Sign, banner.
A sign with or without characters, letters, illustrations,
or ornamentations applied to cloth, paper, flexible plastic, or fabric
of any kind with only such material for backing.
Sign, freestanding.
Any sign which is not attached to a building or other structure,
including portable signs.
Sign, monument.
A freestanding sign supported primarily by an internal structural
framework or integrated into landscaping or other solid structural
features other than support poles. The calculation of the sign area
consists of the entire monument sign structure.
Sign, pennant.
A sign, with or without a logo, made of flexible materials
suspended from one or two corners, used in combination with other
such signs to create the impression of a line.
Sign, projecting.
A sign attached to a building or other structure and extending
in whole or in part more than 14 inches beyond the building.
Sign, searchlight.
Searchlights shall be considered signs that are used to announce,
direct attention to, or advertise businesses.
Sign, wind-driven.
Any display or series of displays, banners, flags, balloons,
or other objects designed and fashioned in such a manner as to move
when subjected to wind pressure.
Skating rink.
An establishment that provides facilities for participant
skating, including but not limited to roller skating, inline skating,
ice skating, or skateboarding.
Smelting or ores of metals.
The process of extractive metallurgy to produce a metal from
its ore. Smelting uses heat and a chemical reducing agent to decompose
the ore, driving off other elements as gasses or slag and leaving
just the metal behind. The reducing agent is commonly a source of
carbon such as coke, charcoal, and coal.
Smoke shop.
A retail establishment that, as one of its principal business
activities, offers for sale for any form of consideration the following: Tobacco,
electronic vaping devices, e-cigarettes or other similar products
or components, parts or accessories of the same, tobacco accessories,
vapor accessories or similar substances and products. This definition
shall be construed to include establishments known variously as retail
tobacco stores, tobacco product shops, vapor shops, vape shops, smoke
shops and similar establishments, but shall not include an establishment
that meets any one or more of the following criteria: (1) less than
35 percent of the establishment's displayed merchandise consists of
said items; (2) less than 35 percent of the retail value (defined
as the price charged to customers) of the establishment's displayed
merchandise consists of said items; (3) less than 35 percent of the
establishment's revenues derive from the sale for any form of consideration
of said items; (4) the establishment maintains less than 35 percent
of its floor space for the display or sale of said items (aisles and
walkways used to access said items shall be included in floor space
maintained for the display or sale of said items); or (5) the establishment
maintains less than 500 square feet of its floor space for the display
and/or sale of said items (aisles and walkways used to access said
items shall be included in floor space maintained for the display
or sale of said items).
Smoking lounge.
Any facility, building, structure or location, where customers
consume tobacco or a similar smoking product, or where customers use
an electronic smoking device or other apparatus to deliver an inhaled
dose of nicotine or other substance within the establishment. This
includes cigar lounge, hookah lounge, vapor bar, and similar establishments.
Snow cone stand.
A temporary or permanent business that is located in a structure
that is used to sell snow cones.
Stable, commercial.
A building in which domestic animals are sheltered and fed
for profit and not personal uses; such a building having stalls or
compartments a horse stable.
Stable, private.
A building in which domestic animals are sheltered and fed
for personal uses; such a building having stalls or compartments a
horse stable.
Stockyards.
Services involving the temporary keeping of livestock for
slaughter, market, or shipping. Typical uses include stockyards and
animal sales in auction yards.
Story.
That portion of a building included between the surface of
any floor and the ceiling next above it.
Street.
A public or private way which affords the principal means
of access to abutting properties.
Street line.
A dividing line between a street right-of-way line and an
abutting lot, tract or parcel of land.
Structural alteration.
Any change in the structural members of a building, such
as 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.
Studio for professional work or teaching (fine arts, photography,
music, drama, radio, television, or recording).
An establishment for the purpose of professional work or
teaching related to fine arts, photography, music, drama, radio, and
television. This use does not include any sexually oriented businesses,
tattoo or piercing or health-related studios or teaching.
Swimming pool, commercial.
A recreation facility designed and intended for water contact
activities that is operated as a business or as a club unless such
club is associated with a neighborhood club or similar organization.
Swimming pool, private.
A swimming pool built accessory to a dwelling unit and used
for the enjoyment of the family living therein.
Tattoo studio.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following: (1) placing of designs, letters,
figures, symbols, or other marks upon or under the skin of any person,
using ink or other substances that result in the permanent coloration
of the skin by means of the use of needles or other instruments designed
to contact or puncture the skin; (2) creation of an opening in the
body of a person for the purpose of inserting jewelry or other decoration.
Taxidermist.
The business of preparing, stuffing, and mounting the skins
of animals.
Theater.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
Theater, drive-in.
An establishment devoted to showing motion pictures in an
outdoor location.
Tower.
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas, including
self-supporting lattice towers, guy towers, or monopole towers.
Trucking, carting, crating, express handling, and storage.
A facility for the receipt, transfer, short-term storage,
and dispatching of goods transported by truck. Included in the use
type would be express and other mail and package distribution facilities,
including such facilities operated by the U.S. Post Office.
Used.
The words "used" or "occupied" include the words "intended,"
"designed" or "arranged" to be used or occupied.
Warehousing.
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, excluding bulk storage
of materials that are inflammable or explosive or that present hazards
or conditions commonly recognized as offensive.
Watchman or caretaker quarters.
A residence located on a premises with a main non-residential
use and occupied only by a caretaker or guard employed on the premises.
Water storage tank.
A structure used to store water for fire protection and potable
drinking water within a designated area or community. Elevated tanks
allow the natural force of gravity to produce consistent water pressure
throughout the system. Ground or underground storage tanks use pumps
to produce consistent water pressure.
Water treatment plant.
The facility or facilities within the water supply system
which can alter the physical, chemical, or bacteriological quality
of the water.
Wholesale establishment.
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. This
is not considered a general commercial use.
Wrecked or damaged automobiles.
Vehicles with visible damage or that are incapable of highway
operation. Wrecking and salvaging include, but are not limited to,
dismantling or assembling of parts for sale, reuse, or reassembly
to undamaged vehicles and offered for sale.
Yard.
An open, unoccupied space other than a court, on the lot
in which a building is situated and which is unobstructed from the
ground to the sky.
Yard, front.
An open, unoccupied space on a lot facing a street and extending
across the front of a lot between the side yard lines and being the
minimum horizontal distance between the street line and the main building.
Yard, rear.
An open space unoccupied and unobstructed extending across
the rear of a lot from one side lot line to the other side lot line
and being the minimum horizontal distance between the rear lot line
and the main building.
Yard, required front.
An open space extending the full width of a lot between the
front lot line and the front setback line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this ordinance.
Yard, required rear.
An open space extending the full width of the lot between
the rear lot line and the rear setback line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this chapter.
Yard, required side.
An open space extending from the minimum front yard setback
line to the minimum rear yard setback line between the side yard setback
line and the nearest side lot line, unoccupied and unobstructed from
the ground upward except as specified elsewhere in this chapter.
Yard, side.
An open, unoccupied space on the same lot with a building,
situated between the building and side line of the lot and extending
through from the front yard to the required rear yard. Any lot line
not the rear line or a front line shall be deemed a side line.
Zoning map, official.
The zoning map or maps of the city attested together with
all amendments subsequently adopted.
(Ordinance 6555 adopted 12/5/2022; Ordinance 6674 adopted 11/6/2023)