City of Alvarado, TX APPLICABILITY OF ORDINANCE

means property touching or adjoining another property. Property abutting upon a street shall also be deemed to abut property on the other side of the street.

Accessory building or use

is one which is customarily incidental to the principal building or principal use and:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in size, area, extent, or purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and

(4)

Is located on the same lot as the principal use served.

Adjacent

means next to or closest to but shall not necessarily mean touching.

Air conditioning and refrigeration contractor

means a place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, V.T.C.A., Occupations Code ch. 1302.

Airport, landing field

means a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.

Alley

means a public space or street which affords only secondary means of access to property abutting thereon.

Amusement, commercial (indoor),

means an establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or practice areas, gymnasiums and indoor running or jogging tracks.

Amusement, commercial (outdoor),

means an outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-kart tracks and carnivals.

Antenna/microwave reflector

means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. The term "antenna/microwave reflector" includes but is not limited to what is commonly referred to as satellite receive-only earth stations.

Antenna, radio or television,

means the arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.

Antique shop

means a retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.

Apartment

means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.

Arcade

means an establishment in which there are located six or more coin-operated skill or pleasure machines.

Area of a lot or building site

means the net area of the lot or site and shall not include portions of streets and alleys.

Assisted living facility

means an establishment that:

(1)

Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;

(2)

Provides:

Personal care services; or

Administration of medication by a person licensed or otherwise authorized in this state to administer the medication;

(3)

May provide assistance with or supervision of the administration of medication; and

(4)

May provide skilled nursing services for the following limited purposes:

Coordination of resident care with outside home and community support services agencies and other health care professionals;

Provision or delegation of personal care services and medication administration as described by this subdivision;

Assessment of residents to determine the care required; and

For periods of time as established by department rule, delivery of temporary skilled nursing treatment for a minor illness, injury, or emergency.

Auto laundry.

See carwash.

Auto leasing

means storage and leasing of automobiles, motorcycles, and light-load vehicles.

Auto parts sales, inside,

means the use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreational vehicles.

Auto parts sales, outside,

means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreation vehicles.

Automobile and trailer sales, new,

means building and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks, and trailers, to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.

Automobile and trailer sales, used,

means building and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks, or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sales area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.

Automobile repair, major,

means general repair or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under the term "automobile repair, minor," and other similar uses.

Automobile repair, minor,

means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for light-load vehicles, but not including any operation named under the term "automobile repair, major," or any other similar use.

Automobile service station

means a building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premises motor vehicle trade; provided that, the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles; steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles which are inoperative or are being repaired to remain outside such service station for a period greater than seven days.

Automobile storage, auto storage

mean the storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution, or storage.

Automobile wrecking yard or junkyard

means any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of a dismounted or wrecked vehicle or its parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scraping of any other goods, articles, or merchandise.

Bakery and confectionery, commercial,

means a place for preparing, cooking, or baking of products primarily intended for off-premises distribution.

Bakery and confectionery, retail sales,

means a place for preparing, cooking, baking and selling of products on the premises.

Bank, savings and loan, credit union

means an establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Barber school or college

means a place of training for practice of barbering, as defined in the Texas Barber Act, V.T.C.A., Occupations Code ch. 1601, meeting standards established in such Act.

Barbershop

means a place where barbering, as defined in the Texas Barber Act, V.T.C.A., Occupations Code ch. 1601, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

Basement

means a building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

Beauty culture school, cosmetology specialty shop

means a specialized place of training, as defined in the Cosmetology Regulatory Act, V.T.C.A., Occupations Code ch. 1601.

Beauty shop

means a place where cosmetology, as defined in the Cosmetology Regulatory Act, V.T.C.A., Occupations Code ch. 1602, is practiced.

Bed and breakfast inn

means a building, other than a hotel or multifamily dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms.

Block

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

Boarding home facility

means an establishment that:

(1)

Furnishes, in one or more buildings, lodging to three or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage; and

(2)

Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by V.T.C.A., Health and Safety Code § 42-247.002 to those persons.

Bottling works

means a manufacturing facility designed to place a product into a bottle for distribution.

Brew pub

means a pub or restaurant that also brews beer on the premises exclusively for on-site sales and consumption.

Buildable width

means the width of the building site left to be built upon after the required side yards are provided.

Building

means any structure built for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, detached,

means a building surrounded by yard or open space on the same building lot.

Building end

means those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building spacing regulations for multiple-family dwelling, the term "building end" means the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of,

means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building line

means a line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.

Building lot

means a single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.

Building, main or primary,

means a building in which is conducted the principal use of the lot on which it is situated.

Building materials, hardware sales

means the sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical, and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.

Building official

means the building inspector or other person charged with the enforcement of building codes in the city.

Bus terminal

means any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

Business service

means establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment rental or leasing.

Cabinet and upholstering shop

means an establishment used for the production, display, and sale of furniture and soft coverings for furniture.

Canopy

means any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Carport

means a structure open on a minimum of three sides designed or used to shelter vehicles, not to exceed 24 feet on its longest dimension.

Carwash

means facility or structure used to wash motorcycles, automobiles, and light-load vehicles.

Cellar

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

Certificate of occupancy

means an official certificate issued by the city indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.

Child care center

means an establishment where four or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. (Also see registered family home.)

Church, rectory, or place of worship

means a building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises.

Civic center

means a building or complex of buildings that houses municipal offices and services and which may include cultural, recreational, athletic, convention, and/or entertainment facilities owned and/or operated by a governmental agency.

Cleaning and dyeing, small plant or shop,

means a custom cleaning shop not exceeding 5,000 square feet of floor area or a pickup station. (Also see cleaning and dyeing; dry cleaning plant.)

Cleaning and dyeing, dry cleaning plant

means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents. (Also see cleaning and dyeing, small plant or shop.)

Clinic, medical or dental,

means a facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight.

College or university

means an institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

Community center, private,

means a building dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit, not to be a commercial, for-profit business.

Community center, public,

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

Community home

means an establishment that is:

(1)

A community-based residential home operated by:

The state department of mental health and mental retardation;

A community center organized under V.T.C.A., Health and Safety Code ch. 534, subch. A, that provides services to persons with disabilities;

An entity subject to the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); or

An entity certified by the state department of human services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or

(2)

An assisted living facility licensed under V.T.C.A., Health and Safety Code ch. 247, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

Construction yard, temporary,

means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at the completion of construction and subject to same restrictions as a field office.

Contiguous

means touching or in contact.

Convenience store

means a retail establishment providing for the sale of food items, nonprescription drugs, small household items, and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.

Country club, private,

means land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

Court

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

Coverage

means the percent of a lot or tract covered by the roof or first floor of a building.

Custom personal service shop

includes such uses as tailor, shoe repair, barbershop/beauty shop, health studio, or travel consultant.

Depth of lot

means the mean horizontal distance between the front and rear lot lines.

Discount, variety, or department store

means a retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.

Dormitory

means a building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or bed and breakfast inn. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one such apartment unit for each 50 students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The term "dormitory" may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry; provided that, these facilities are for the benefit and use of the occupants and their guests and not open to the general public.

Duplex

means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof. (Also see two-family dwelling.)

Dwelling, single-family attached,

means an attached residential building, not including a HUD code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, single-family detached,

means a detached residential structure, not including a HUD code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling unit

means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, except for buildings designed and used as hotels, bed and breakfast inns, and motels.

Electrical substation

means a subsidiary station in which electric current is transformed.

Exhibition area

means an area or space either outside or within a building for the display of topic-specific goods or information.

Fairgrounds

means an area where outdoor fairs, circuses, or exhibitions are held.

Family

means an individual or group of two or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students, and servants living together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, and as a single housekeeping unit in a dwelling unit.

Farm, ranch, or orchard

means an area of five acres or more which is used for growing of usual farm products and/or raising of usual farm products and animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including, the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise, or vibrations or be otherwise detrimental to the public welfare.

Feed and farm supply store

means an establishment for the selling of food stuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.

Field or sales office, temporary,

means a building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted only by the city council. Upon due notice and hearing by and before the city council, any such permits granted may be revoked if the city council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

Flea market

means a site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Floodplain

means an area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the city. The term "floodplain" is interchangeable with the term "flood hazard area."

Floor area

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

Floor area ratio

means the ratio of total building floor area to lot area.

Florist

means an establishment displaying plants, flowers, floral supplies, and similar items.

Food store, grocery store

mean an establishment that displays and sells consumable goods that are not to be eaten on the premises.

Fraternal organization, lodge, or civic club

means an organized group having a restricted membership and specific purpose related to the welfare of the members.

Front yard.

See yard, front.

Furniture and appliance repair or storage

means the storage, maintenance, or rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners, and hair dryers.

Furniture, appliance store,

means retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.

Garage, private,

means a detached accessory building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.

Garden center (retail sales)

means location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.

Garden (patio) home

means a freestanding, detached structure used for single family residential purposes, built in accordance with standards set out in section 42-23.

Gas metering station

means a facility at which natural gas flows are regulated and recorded.

General commercial plant

means an establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis including but not limited to newspaper printing, laundry plant, or cleaning and dyeing plant.

General manufacturing

means manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this article.

General merchandise store

means retail stores which sell a number of lines of merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, and food. The stores included in this group are known as department stores, variety stores, general stores, and other similar stores.

Golf course

means an area of 20 acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.

Greenhouse, noncommercial,

means a building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.

Greenhouse or plant nursery, commercial,

means a place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, including related storage of equipment for landscape contracting.

Gross floor area

means the gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level.

Guesthouse

means living quarters within a detached accessory building located on the same premises with the principal residence for use by temporary guests of the occupants of the premises. A guesthouse shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

Heavy load vehicle (HLV)

means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as, large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean heavy load vehicle, unless specifically stated otherwise.

Height

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

(1)

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

(2)

The deck line of mansard roofs; or

(3)

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

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

Heliport or helistop

means a landing facility for rotary-wing aircraft which may include fueling or servicing facilities for such craft.

Home occupation

means an occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a residential dwelling, subject to compliance with each of the following conditions:

(1)

A home occupation may only be performed in a single family residential dwelling.

(2)

No person other than members of a family who reside in the dwelling shall be engaged in such home occupation.

(3)

Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such home occupation shall never exceed 25 percent of the total of the floor area of the residential dwelling.

(4)

Not more than one nonilluminated sign advertising the home occupation shall be allowed; said sign shall be not more than one square foot in area and shall be mounted on the building in which the home occupation is being conducted.

(5)

The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

(6)

No exterior storage of material, equipment, and/or supplies used in conjunction with the home occupation shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.

(7)

No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.

(8)

The home occupation shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

(9)

No stock, goods, wares, or merchandise shall be sold or kept for sale on the premises.

(10)

The only equipment to be used in the home occupation shall be that which is ordinarily used in a private home in a like amount and kind.

(11)

A home occupation shall not generate additional traffic as to create a traffic hazard or disturbance to nearby residents.

Hospital, acute care,

means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the state.

Hospital, chronic care, longterm health care facility,

means an institution providing in-patient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease and which is licensed by the state.

Household care facility

means a dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with not more than two supervisory personnel as a single housekeeping unit.

Household care institution

means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; convalescing from illness; or rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with supervisory personnel.

Industrial park

means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Industrialized housing.

(1)

The term "industrialized housing" means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system.

(2)

The term "industrialized housing" shall not mean or apply to:

Housing constructed of sectional or panelized systems not utilizing modular components; or

Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Junkyard or salvage yard

means a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" includes an automobile wrecking yard and automobile parts yard. The term "junkyard" includes secondary metal dealers. The term "junkyard" does not include such uses conducted entirely within an enclosed building.

Kennel

means any lot or premises on which four or more dogs, cats, or other domestic animals more than four months of age are housed or accepted for boarding, breeding, training, selling, grooming, and/or bathing for which remuneration is received.

Laboratory, scientific or research,

means facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Landscape screen

means plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Library

means any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

Light load vehicles (LLV)

means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight not greater than 11,000 pounds, and having no more than two axles, such as, pick-up trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

Light manufacturing

means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Living unit

means a room occupied by a family which includes cooking facilities.

Lot

means a platted tract of land occupied or to be occupied by a building and its accessory buildings and having its principal frontage upon a public street or officially approved place.

Lot, corner,

means a lot that has frontage upon a side street in addition to a front street.

Lot coverage

means the percentage of the total area of a lot occupied by the base (first story or floor) of a building located on the lot or the area determined as the maximum cross sectional area of the building.

Lot line

means the lines bounding a lot as defined herein.

Lot line, front,

means that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear,

means that boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

Lot line, side,

means that boundary of a building lot which is not a front lot line or a rear lot line.

Lot of record

means any lot that is part of a subdivision the plat of which has been recorded in the office of the county clerk.

Lot or building site

means land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

Lot width

means the width of a lot at the front building lines.

Main building

means the building on a lot which is occupied by the primary use.

Manufactured home park

means any tract of land under single ownership of not less than two acres and not more than ten acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the city relating to the location, use, construction, operation, or maintenance of manufactured housing.

Manufactured home subdivision

means a tract of land of not less than ten acres which has been final platted of record in its entirety in accordance with the subdivision regulations of the city for occupancy primarily by HUD code manufactured housing and industrialized housing.

Manufactured housing (HUD code)

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

Manufacturing processes

means uses restricted from other zoning districts but permitted in the M-1 and M-2 districts. Under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the property lines of the lot or tract upon which the uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent areas.

Masonry and glass pane

includes brick, stone, rock, concrete tilt wall, lath and stucco. The term glass pane shall include any glass product that is approved for exterior use and installed in accordance with the city building code. In order to qualify as a finished wall it shall have a minimum thickness of seven-eighths-inch of masonry. The following materials and applications shall not be allowed as finished exterior wall:

(1)

Concrete masonry units (CMU);

(2)

Exterior insulating finish system (EIFS) or similar applications.

Masonry-type product

includes cement board siding or other such masonry products approved for exterior use and installed under the specifications contained in the city building code. In order to qualify as a finished wall it shall have a minimum thickness of seven-eighths-inch of masonry. The following materials and applications shall not be allowed as finished exterior wall:

(1)

Concrete masonry units (CMU);

(2)

Exterior insulating finish system (EIFS) or similar applications.

Metal dealer, crafted precious,

means a place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or its alloys, excluding coins and commemorative medallions, under terms and conditions found in V.T.C.A., Occupations Code § 1956.051 et seq.

Metal dealer, secondhand,

means a place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale, or transfer, under terms and conditions found in V.T.C.A., Occupations Code ch. 1956. (Also see junkyard or salvage yard.)

Microbrewery

means a brewery facility established to produce beers and ales in small quantities for sale to local and regional markets.

Microdistillery

means a small distillery established to produce beverage grade alcohol in relatively small quantities for on-site retail sale and consumption and for sale to local and regional markets.

Mobile food unit

means a vehicle-mounted food establishment, designed to be readily moveable, typically constructed in a truck or trailer. Mobile food units may not be permanently parked in one location.

Mobile food vendor

means any person who sells food products or takes food product orders from house to house or from place to place in the city, and who sells such food out of a vehicle, wagon, cart or other conveyance used in the transportation of such food on premises where there is no related business building.

Motel, motor hotel, or motor lodge

means a building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. The term "motel," "motor hotel," or "motor lodge" may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.

Multifamily residence

means any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

Museum or art gallery

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

Nonconforming building or use

means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, and which does not conform to the use regulations of the district in which it is located.

Nonprofit animal shelter

means a not-for-profit facility operated to provide a public service by removing unsupervised and potentially dangerous animals from the public domain and providing for the adoption or euthanizing of such animals. A nonprofit animal shelter shall not be considered a kennel.

Nonresidential district

means any zoning district included in this chapter in which nonresidential uses constitute the primary permitted use classification, including AG, C-1, C-2, M-1, M-2, CBD, and I.

Nursery school/kindergarten

means a child care facility offering a program four hours or less per day for children who have passed their second birthday but who are under seven years old.

Occupancy

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

Off-street parking incidental to main use

means off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space

means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See section 42-57(d), for detailed descriptions and regulations.)

Office center

means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.

Office, professional or general administrative,

means a room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations, and association but excluding medical offices.

Office-showroom/warehouse

means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Open space

means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Also see usable open space.

Open storage

means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Park, playground, or recreation center (private)

means a privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner's association, or similar organization.

Park, playground, or recreation center (public)

means an open recreation facility or park owned and operated by a public agency and available to the general public.

Parking lot or parking garage (automobile)

means area for parking light-load vehicles.

Parking lot or parking garage (truck)

means area for parking heavy-load vehicles.

Parking space

means surfaced area enclosed in the main building or accessory building, or unenclosed, having an area of not less than 180 square feet, exclusive of driveways, used for parking a vehicle, not on a public street or alley, together with a surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Pawnshop

means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).

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;

Alzheimer's disease;

Pre-senile dementia;

Cerebral palsy;

Epilepsy;

Muscular dystrophy;

Multiple sclerosis;

Cancer;

Heart disease;

Diabetes;

Mental retardation;

Autism; or

Emotional illness.

Personal service shop

means an establishment primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barbershops and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs.

Pet shop

means a retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.

Plat

means a complete and exact subdivision plan submitted to the city council which if approved shall be submitted to the county clerk.

Plumbing, heating, refrigeration, or air conditioning business

means an establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning. (Also see air conditioning and refrigeration contractor.)

Plumbing service

means the operation of a business which involves only retail sales and off-premises service, installation, and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration, or air conditioning contractor or similar type wholesale operation.

Portable building sales

means an establishment which displays and sells structures which are capable of being carried and transported to another location, not including manufactured housing.

Post office, government or private,

means local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

Printshop

means an establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, platemaking, microform, type casting, presswork, and printmaking.

Public or private franchised utility

means a utility such as one distributing heat, chilled water, closed circuit television, or similar service and requiring a franchise to operate in the city. Such utility usually requires special facilities in residential areas or on public property such as heating, cooling, or communications.

Quick oil change facility

means a business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.

Quick tune-up facility

means a business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PVC valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.

Racetrack

means a facility used for the racing of motor-driven vehicles and/or animals.

Racquetball facilities

means courts housed in an acoustically treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery, and related uses up to a maximum of 40 percent of the total floor area.

Radio, television, or microwave communications operations (amateur)

means the transmission, retransmission, or reception of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain.

Radio, television, or microwave communications operations (commercial)

means the transmission, retransmission, or reception of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain.

Radio, television, or microwave towers

means structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.

Railroad station

means any premises for the transient parking of trains and the loading and unloading of passengers.

Railroad team track and right-of-way

means a facility/place for the loading and unloading of materials on trains.

Railroad track and right-of-way

includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.

Registered family home

means a child care facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed 12 at any given time. (Also see child care center.)

Residence

means same as dwelling; when used with district, an area of residential regulations.

Residence hotel

means a multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for longterm occupancy. Customary hotel services, such as, linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting room, club house and recreational facilities intended for the use of residents and their guests are permitted. The term "residence hotel" shall not include other dwelling units as defined in this chapter.

Residential district

means any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-1, SF-2, GH, MH-1, MH-2, MH-3, TF, and MF district classifications.

Restaurant or cafeteria, with drive-in or drive-through service,

means an eating establishment where service is primarily to customers at tables and/or providing service of food or drink to customers in automobiles and/or providing facilities for the consumption of food in automobiles on or near the restaurant premises.

Restaurant or cafeteria, without drive-in or drive-through service,

means an eating establishment where service is primarily to customers at tables and not providing service of food or drink to customers in automobiles or facilities for the consumption of food in automobiles on or near the restaurant premises.

Retail stores and shops

means establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open, outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.

Retirement housing

means a development providing dwelling units specifically designed for the needs of ambulatory retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

(1)

Cafeteria and/or dining room.

(2)

Library.

(3)

Game room.

(4)

Swimming pool and/or jacuzzi.

(5)

Exercise room.

(6)

Arts and crafts facilities.

(7)

Greenhouse.

(8)

Housekeeping service.

(9)

Transportation service.

(10)

Snack bar with a maximum of 350 square feet per 100 dwelling units.

(11)

Beauty shop/barbershop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units.

(12)

Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, nonprescription drugs, small household items, and gifts.

Room

means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Sand, gravel, stone or earth sales

means an establishment for the selling of sand, gravel, stone, earth or similar natural materials, for which the extraction process for such materials occurs off-premises.

School, private (primary or secondary),

means an institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

School, public (primary or secondary),

means an institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

School, commercial

means an establishment organized to offer instruction and training in a service or art such as secretarial school, art school, cake decorating, flower arranging, but not including manual trade schools.

School, trade

means an establishment organized to offer instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.

Scrap tire facility

means a facility that stores, processes, conducts energy recovery, recycles, splits, shreds, or quarters used tires, scrap tires, or tire pieces for use or disposal as solid waste, recyclable materials, or inert fill materials. A scrap tire is a whole tire that can no longer be used for its original intended purpose. A whole used tire that can be used, reused or legally modified to be reused, for its original intended purpose is not a scrap tire. A tire piece is a particle of a scrap tire or scrap tire piece that has been split, quartered or shredded to a usable size such as two-inch minus, or other size required by an industry user or recycler.

Screening device.

See landscape screen.

Second-hand store, furniture or clothing,

means an establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.

Self-storage, mini-warehouse

means a facility used only for storage of goods, materials, boats and operable vehicles with separate access to individual storage units or areas by persons renting the individual units or areas. This term shall not include storage of "junked vehicles."

Servant's, caretaker's, or guard's residence

means an accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person employed on the premises for not less than 50 percent of his actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed 600 square feet.

Service, retail,

means an establishment engaged in the selling and/or servicing of goods where a minimum of 80 percent of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.

Service yard of governmental agency

means an area for the servicing and storage of vehicles or other property of a governmental agency.

Setback

means the minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the side street.

Sexually oriented businesses:

(1)

Means an adult arcade, adult bookstore, adult cabaret, adult motel, adult movie theater, adult novelty store, adult service establishment, adult theater, adult video store, escort agency, nude modeling studio, sex parlor, sexual encounter center, or other commercial enterprise, or any combination thereof:

A principal business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or

Whose employees or customers appear in a state of nudity.

(2)

The businesses listed above shall be defined as follows:

Adult arcade.

Any place to which the public is permitted or invited wherein coin-operated, token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

Adult bookstore.

A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration books, magazines, periodicals or other printed matters, or any combination thereof, which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

Adult cabaret.

A nightclub, bar, restaurant, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities.

Adult motel.

A hotel, motel or similar commercial establishment which:

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other pornographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

Offers a sleeping room for rent for a period of time that is less than ten hours; or

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult movie theater.

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, or any combination thereof, are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

Adult novelty store.

A commercial establishment which 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 pictures, videocassettes or video reproductions, slides, objects, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

Instruments, devices, or paraphernalia which are designed or manufactured for use in connection with specified sexual activities. This does not include items used for birth control or for prevention of sexually transmitted diseases.

Adult service establishment.

A commercial establishment which offers services or sells products to customers and in which one or more of the employees or the customer appears in a state of nudity or simulated nudity.

Adult theater.

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult video store.

A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, or any combination thereof, which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

Escort agency.

A person who, as one of its principal business purposes, furnishes, offers to furnish, or advertises to furnish escorts, or any combination thereof, for a fee, tip, or other consideration.

Nude modeling studio.

Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

Sex parlor.

An establishment that is operated for the purpose of giving massages, at the establishment or on a home-call basis, that are intended to provide sexual stimulation or sexual gratification in combination with a massage.

Sexual encounter center.

A business or commercial enterprise that offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity or simulated nudity.

(3)

Definitions of terms used in subsection (1) of this definition shall be as follows:

Nudity

means less than completely or opaquely covered:

Human genitals, pubic region, or pubic hair;

All portions of the female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast;

Human buttock; or

Any combination of the above.

Principal

means over 35 percent of either customers, volume of sales, stock in trade, display areas, or presentation time, or any combination thereof in any three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object.

Simulated nudity

means a state of dress in which any device or covering is worn and exposed to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the female breast.

Specified anatomical areas

means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola.

Specified sexual activity

means:

The fondling or other erotic touching of human genitals, pubic regions, pubic hair, perineum, buttocks, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality;

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the activities set forth in subsections 1.—3. of this definition.

(4)

The following activities are exempted from the definition of a sexually oriented business:

Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions;

Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;

Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or

Any activity conducted or sponsored by any Texas Independent School District, licensed or accredited private school, or public or private college or university.

Shopping center

means a group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Shops, office, and/or storage area of public or private utility

means the pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

Sign

means any identification, description, illustration, or device illuminated or nonilluminated which is visible to the general public and directs attention to a project, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or facsimile, or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify or convey information.

Site plan

means a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

(1)

Property lines, location and widths of all streets, alleys, and easements.

(2)

Proper dimensions on all fundamental features such as lots, buildings, parking spaces, and landscaped areas.

(3)

The location of setback lines, driveway openings, and sidewalks.

(4)

All proposed buildings, free-standing sign locations, parking areas and open spaces.

(5)

All required landscaping, together with a description of type of material to be used.

(6)

A cross section of any required or proposed screening.

(7)

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.

(8)

Name, address and telephone number of the proponent.

Solid waste transfer station

means a facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.

Stable, commercial,

means a structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction, or similar trading activity.

Stable, private,

means an accessory building set back from adjacent property lines a minimum distance of 100 feet and used for quartering horses, not to exceed one horse per one and one-half acre area of a farm or lot.

Stadium or playfield, public,

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

Storage or wholesale warehouse, heavy,

means a building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

Storage or wholesale warehouse, light,

means a building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floorspace.

Story

means the height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street

means a way for vehicular traffic and other public uses, whether designated a street, highway, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

Street line

means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.

Street, local or residential,

means those streets that are used primarily for access to abutting properties.

Street, major,

means streets used primarily for fast or heavy traffic as designated in the thoroughfare plan.

Street, secondary or collector,

means those streets which carry traffic from minor streets to major system of arterial streets and highways, including the principal entrance streets of a residential development or business park and those streets for circulation within such a development as designated on the thoroughfare plan.

Structural alterations

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

Structure.

Same as "building."

Swimming pool, commercial,

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

Swimming pool, private,

means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or multifamily dwelling and located within the required rear or permitted side yards.

Tattoo parlor/body piercing studio

means 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)

Creating of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Teen club

shall include teen night clubs, teen dance clubs or any entertainment establishment where the intended occupancy is in excess of 70 percent minors between 13 and 19 years of age unaccompanied by an adult parent or guardian.

Telephone exchange

means a switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.

Tennis court, private,

means a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas, except as may be otherwise provided or restricted by the specific use permit.

Theater, outdoor,

means an open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.

Tobacco sales

means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the sale of tobacco products.

Townhouse or row dwelling

means one of a series of not less than three nor more than ten attached one-family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

Trailer rental

means the display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.

Travel trailer, manufactured housing, display and sales,

means the offering for sale or display of travel trailers or manufactured housing, on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis. This use shall also allow the sale or display of major recreational vehicles, boat trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles, but excluding pick-up shells not designed or used for camping purposes), motorized dwellings, tent trailers, house trailers, and utility trailers.

Travel trailer park

means any tract of land under single ownership, two acres or more, where accommodation is provided for travel trailer use.

Truck and bus leasing

means the rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done.

Truck and bus repair

means an establishment providing major and minor automobile repair services to heavy load vehicles.

Truck or motor freight terminal

means a building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.

Truck sales

means building and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.

Two-family dwelling

means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Usable open space

means an open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. The term "usable open space" shall not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or right-of-way or easement for streets or alleys.

Variance

means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Vendor, stationary

means a vendor who sets up a temporary building, vehicle, trailer, or other mobile unit on private property to engage in the sale of food items, merchandise or services.

Washateria

means a building or place where clothes and linens are washed and thoroughly dried by the use of not exceeding three employees and four automatic single-family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless.

Wholesale

means the sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

Yard

means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front,

means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear,

means an open, unoccupied space, except for accessory buildings as herein permitted extending across the rear of a lot from one side lot line to the other side lot line.

Yard, side,

means an open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.

Zero lot line house

means a residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.

Zoning district map

means the official certified map upon which the boundaries of the various zoning districts are drawn.

Zoning administrator

means the official designated by the city manager to administer and enforce this chapter, or his designee.

(Ordinance 2015-005, sec. 1, adopted 4/20/2015)

A	Agricultural District
SF-1	Single-Family Residential District
SF-2	Single-Family Residential District
GH	Garden Home District
MH-1	Manufactured Home Park District
MH-2	Manufactured Home Subdivision District
MH-3	Manufactured Home Subdivision District
TF	Two-family Residential (Duplex) District
MF	Multifamily Residential District
C-1	Commercial District—Office, light retail and neighborhood services
C-2	General Commercial District
M-1	Light Manufacturing/Industrial District
M-2	Heavy Manufacturing/Industrial District
CBD	Central Business District
I	Institutional District
PD	Planned Development District
FP	Floodplain District