DEFINITIONS
AASHTO means the American Association of State Highway and Transportation Officials.
Accessory use means a use customarily incidental, appropriate and subordinate to the principal use and located on the same lot therewith.
ADA means the Americans with Disabilities Act.
Adult day care facility means a licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than 24 hours a day.
Agricultural use means any activity related to the cultivation of the soil, the production of crops or growth of vegetation for human food, animal feed, livestock forage, forage for wildlife management, or planting seed or for the production of fibers; floriculture, viticulture or horticulture; the raising or keeping of livestock; the planting of cover crops or the leaving land idle for the purpose of participating in any governmental program or recognized normal crop rotation or livestock rotation procedure. A residential unit and related outbuildings located wholly on a tract of land used solely for one or more of the purposes described in the preceding sentence shall be deemed an accessory agricultural use.
Airport means an area improved for the landing or takeoff of aircraft.
Air installation compatible use zone means areas upon which limited control is required with respect to land uses that may obstruct airspace because found generally compatible with airport operations, posing no health or safety hazard for aircraft operations.
Airport elevation means the highest point airport usable landing area measured in feet above mean sea level.
Airport obstruction means any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or takeoff, or is otherwise hazardous to airport operations.
Airspace height means the height limits established in this Code, to be measured in feet above mean sea level.
Airport hazard means any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations.
Alter or alteration means any change, addition, or modification in construction, use or occupancy, or any change in the size, shape, outline, or type of sign.
Amenity center means private recreation facilities which may include swimming pools, meeting rooms, open space, or other amenities maintained by a homeowners' association for the benefit of neighborhood residents.
Amusement commercial (indoor) means a private facility offering indoor entertainment such as bowling alley, billiard parlor, skating rink, video arcade, coin-operated amusement machines in compliance with section 47.01(4)(B) of the Texas Penal Code, or similar indoor entertainment, but does not include, social gaming, gaming clubs or parlors, cardrooms, or similar gaming activities.
Amusement, commercial (outdoor), means a facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf course.
Antique shop means an establishment offering for sale glass, china, objets d'art, furniture or similar furnishings and decorations which have value and significance as a result of age, design and sentiment.
Arterial means existing or proposed street identified as such on the adopted major thoroughfare plan of the city.
Assisted living facility means a residential facility for people with special needs, especially seniors with disabilities, which provides supervision or assistance with activities of daily living; coordination of services by outside health care providers; and monitoring of resident activities to help to ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff person.
Automotive repairs, major, means the repair, rebuilding or reconditioning of engines, air conditioning systems and transmissions for motor vehicles, wrecker service, collision services, including body, frame or fender straightening or repair, customizing, painting, vehicle steam cleaning, undercoating and rustproofing and any use listed under "Automotive repairs, minor."
Automotive repairs, 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; tuneups; 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 motor vehicles except heavy load vehicles, but not including any operation named under "Automotive repair, major" or any similar use.
Automotive sales and service means the sale, rental, or display and service of passenger cars and light trucks, including sport utility vehicles (SUVs) and trucks with a manufacturer's gross vehicle weight rating (GVWR) of one ton or less.
Awning means a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
Bar. See Private club.
Basement means the portion of a building at least four feet below grade for more than 50 percent of the perimeter but not more than eight feet below grade at any point of the structure.
Bed and breakfast means a single-family dwelling which provides accommodations for one or more paying guests on a reservation basis.
Bicycle means a vehicle having two tandem wheels, either of which is more than 16 inches in diameter or having three wheels in contact with the ground any of which is more than 16 inches, propelled solely by human power, upon which any persons or person may ride.
Bicycle path means a bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way.
Bicycle route means a segment of a system of bikeways designated with appropriate directional and informational markers with or without specific bicycle route number.
Bikeway means any road, path, or way which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
Birthing center means a facility or place where a woman is scheduled to give birth following a normal, uncomplicated (low-risk) pregnancy. This term does not include a hospital, ambulatory surgical center, a nursing home, or the residence of the woman giving birth. Source: Birth Center Licensing Division, Texas Department of Health.
Block means a parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof.
Board means the board of adjustment as authorized by V.T.C.A., Local Government Code § 211.008.
Boardinghouse or roominghouse means a dwelling other than a hotel where meals and lodging are provided for compensation for three or more unrelated persons on a monthly or weekly basis, and where no cooking or dining facilities are provided in the individual rooms.
Build means to erect, convert, enlarge, reconstruct, or alter a building or structure.
Buildable area means the area of the building site not including land located within the 100-year floodplain, easements, or yards.
Buildable width means the width of a lot not included within the required side yard setbacks.
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, assembly, means a building or portion of a building used for the gathering of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation.
Building codes means the adopted International Building Code, the International Plumbing Code, the International Mechanical Code and National Electrical Code, as amended, and such other building code as may be adopted by the city to govern buildings and structures.
Building materials sales means facilities for the wholesale or retail sale of building materials, tools and hardware customarily used in the construction of buildings and other structures.
Building permit application means an application submitted to the chief building official for new construction and remodeling, including any exterior remodeling which increases the exterior dimensions of any structure, which includes the replacement of 51 percent or more of an existing roof; the construction of a masonry wall or fence exceeding 30 inches in height measured from natural grade; the enclosure of an existing canopy, carport, porte-cochere; or the construction of decking which exceeds 30 inches from natural grade.
Building setback line means a line established by zoning regulations, generally parallel to and measured from the lot line, defining the limits of a yard in which no building or structure may be located, except as otherwise provided. See definition of Yard.
Building site means a tract of land located within a single block which, at time of filing for a building permit, is designed to be used, developed, or built upon as a unit.
Bulk handling means the transferring of flammable or combustible liquids from tanks or drums into smaller containers for distribution.
Caretaker or guard residence means accessory dwellings located on a premises occupied by a permitted principal use occupied only by guards or caretakers employed on the premises.
Carnival means temporary entertainment facilities providing rides, exhibits, games, musical productions, food and drink, and items for sale as part of a private commercial venture.
Carport means a structure open on a minimum of three sides designed or used to shelter vehicles.
Carwash means a facility for the washing of automobiles and light trucks.
Catering means an establishment that serves and supplies food to be consumed off premises; a service providing meals and/or refreshments for public or private entertainment for a fee; provides food and incidental service for a social affair or for a private dwelling, but does not use commercial vehicles that are equipped in any manner for purposes of transporting food to be sold directly from such vehicles.
Cellar. See Basement.
Cemetery means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
Certificate of compliance means a written certificate issued by the commission denoting that a subdivision plat or replat has been reviewed and approved pursuant to V.T.C.A., Local Government Code § 212.0115.
Certificate of occupancy means an official certificate issued by the city through the chief building official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued.
Certificate of title means a letter, report, opinion, statement, policy, or certificate prepared and executed by a title company authorized to do business in the state, or an attorney licensed in the state, describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat.
Chief building official means the administrative official charged with the responsibility of issuing permits and enforcing the zoning and building ordinances.
Church or other religious facility means a building used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for religious personnel on the premises.
City means the City of Allen, Texas.
City council means the governing body of the city.
City engineer means the engineer employed by the city, or the engineer retained as consultant to the city, or their duly authorized representative(s).
City manager means the chief executive officer of the city.
Code or this Code means the Allen Land Development Code, as amended.
Code of Ordinances means the City of Allen Code of Ordinances, as amended.
College, university or trade school means a non-profit or for-profit institution established for educational purposes offering courses of study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation; provided, however, a public, private, or parochial school that provides students enrolled at the school an opportunity to enroll in and take post-secondary courses or obtain concurrent credit for post-secondary course work on the school's campus is not a college, university, or trade school.
Commercial condominium means that portion of a commercial, institutional or office structure under individual ownership, sharing a common lot with ownership and management of common areas held by an organization or association of property owners subject to the Texas Condominium Act. See also Condominium.
Commission means the planning and zoning commission of the city.
Community center means a building and grounds owned and operated by a governmental body, homeowners' association, or nonprofit organization for the social, recreational, health or welfare of the community served.
Comprehensive master plan means the plan adopted by the council to guide the future development of the city which includes but is not limited to elements describing land uses, housing, transportation, utilities, parks, schools and other community facilities.
Concrete or asphalt batching plant (nontemporary) means a nontemporary manufacturing facility for the production of concrete or asphalt.
Concrete or asphalt batching plant (temporary) means a temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.
Condominium means a building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided, basis. See also Commercial condominium.
Congregate residence means any building or portion thereof that contains facilities for living, sleeping and sanitation, and may include facilities for eating and cooking, for occupancy by other than a family, including but not limited to shelters, convents, monasteries, dormitories, sorority and fraternity houses. Congregate residence does not include jails, hospitals, nursing homes, hotels or lodginghouses.
Construction work hours means those hours between 7:00 a.m. and 8:00 p.m.
Contractor's yard means a building, part of a building or land area used for the storage of materials, implements, or machinery related to construction activity.
Convenience store means a retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages.
Council means the city council of Allen, Texas.
Country club means a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.
Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent space.
Coverage means the area of a lot or tract covered by the roof or first floor of a building expressed as a percentage of lot area. Roof eaves extending three feet or less from the walls of a building are excluded from coverage computations.
Day care facility means a commercial facility licensed by the State of Texas and may be titled or known as a nursery school, kindergarten, child development center, day care center, private school, etc., which provides care for less than 24 hours a day for more than 13 children under age 14.
Density means the number of residential units permitted on a specific tract of land, usually expressed in a total number of units per gross or net acre.
Department means the department of planning and development.
Developer means the person, business, partnership, corporation, or association responsible for the development of the subdivision or addition.
Director means the director of the department of planning and development, or designee.
District means a zoning district approved by the council to which regulations concerning land use, occupancy, development, height and area, and other restrictions apply.
Driveway stacking means the distance between the street right-of-way line and the near side of the first intersecting interior aisle or parking stall designed to allow queuing of traffic.
Dwelling unit means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family, or a congregate residence for ten or fewer persons, but not including hotels or motels.
Dwelling, single-family detached, means a dwelling unit contained in a freestanding structure designed for occupancy by a single family.
Dwelling, two-family, means a single structure containing two dwelling units.
Dwelling, multifamily, means a single structure containing three or more dwelling units.
Dwelling, urban residential, means an attached high-density residential structure that takes on a more urban site arrangement. Units may be for rent or for sale as a condominium and may be integrated with non-residential uses.
Easement means the right of use over the property of another.
Electronic manufacturing and assembly means the manufacture and assembly of electronic components such as circuit boards, chips, cables, computer components.
Entry turnaround means an esplanade opening or other accommodation provided at the entrance to a private street development in order to allow vehicles denied access to re-enter the public street with a forward motion without unduly disturbing other vehicles at the entrance.
Essential services means infrastructure for provision of services by public and private utilities but not including buildings.
Extraterritorial jurisdiction means the unincorporated territory extending beyond the city limits established by the authority and subject to the limitations of V.T.C.A., Local Government Code ch. 42.
Facilities agreement means a contract for reimbursement of cost based upon a distribution of use or service.
Family means a number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage, or adoption.
Family home means a home 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 children, but where the total number of children, including the caretaker's own, does not exceed 12 at any time.
Fence means an artificially constructed barrier enclosing all or part of a tract of land intended to prevent escape or intrusion, or to establish a boundary.
Filing date means the date on which a complete application for plat approval is presented to the planning and development department.
Firearms sales and service means the sale, service, and/or repair of firearms, ammunition, and gun related equipment and accessories, but does not include the manufacture or assembly of ammunition or explosives.
Fitness/health center means a private commercial facility operated to promote physical health and fitness. Activities may include exercise, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to weight lifting and exercise equipment, fitness training, swimming pools, game courts and running or jogging tracks.
Flea market means an enclosed or unenclosed marketplace where secondhand, crafts, antiques or other goods are regularly offered for sale by two or more merchants. Fundraising events sponsored by religious, charitable, education, social or political organizations are not a flea market.
Flicker means the visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
Floodplain means an area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally shown on the flood insurance rate map (FIRM) for the city.
Floodway means the channel of a stream, plus any adjacent floodplain areas.
Floodway fringe means the area between the floodway and 100-year floodplain boundaries.
Floor area, gross, means the total area of a structure measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, but excluding carports or garages.
Floor area, net, means the gross floor area of a structure less stairs, washrooms, elevator shafts, and other common areas open to public or semi-public use.
Floor area ratio (FAR) means the ratio between the gross floor area in a structure and the total square feet of land in the tract on which the structure is located.
Food service means the institutional or retail preparation, packaging, exporting or private labeling of fresh, frozen, or refrigerated food products.
Fraternal organization, lodge or civic club means a society or association having a restricted membership and organized for the pursuit of some common objective.
Frontage means the portion of any tract which abuts a public street right-of-way affording primary access to the tract.
Fueling station means any building or premises used for the dispensing, sale, or offering for sale at retail of automobile fuel, oils, lubricants and automobile accessories.
Garage, private, means an accessory building enclosed on three sides designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory.
Garage, public, means a building or portion thereof, other than a private or storage garage, designed or used for storing motor vehicles for a fee.
Garage sale means occasional sales on residential premises.
General development plan means a map or plat designed to illustrate the general design features and street layout of a proposed subdivision to be developed and platted in sections or phases.
Golf course means a regulation golf course constructed by a private individual or group and operated as a commercial enterprise other than a driving range, miniature golf or similar golf-oriented commercial amusement.
Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
Greenway means a linear, landscape corridor of significant length accommodating multiple uses.
Gymnastics or sports training facility means a training center which provides individual training and exercise in the proper conditioning and preparation for organized competitive sports.
Height means the vertical distance of a structure 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.
To the deck line of mansard roofs; or
3.
To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, mechanical equipment, standpipes, telecommunication towers, ornamental cupolas, domes and spires, and parapet walls not exceeding ten feet in height.
Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.
Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing of or fueling and not for regularly scheduled stops.
Helistop, temporary, means a landing pad where the use is not to exceed three days, with no more than three stops per day.
Home occupation means an occupation or activity that is incidental and secondary to the primary use of the premises as a residence, and customarily conducted in a residential dwelling unit by a member of the residence, entirely within the main structure.
Hospice means a facility dedicated to providing emotional, social and spiritual support to the terminally ill and their families in a residential setting.
Hospital means a public or private institution providing medical and surgical care to the sick or injured, including surgical facilities and beds for patients to stay overnight. These establishments may include as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities as licensed by the State of Texas.
Hotel means a building offering overnight or temporary lodging accommodations for travelers or guestrooms for compensation on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, maid service and recreational facilities. A hotel may be either a full-service hotel, a limited service hotel, or a suite hotel.
Improvement means the construction, enlargement, alteration, repair, removal, conversion, or demolition of a building or structure.
Laboratories (dental) means any place where a person would perform the duties of a dental technician as defined in article 455.1.f, section 1, of the Texas Dental Practice Act.
Laboratories (Biosafety Level 2, OSHA Standards) means a facility in which work is done with the broad spectrum of indigenous moderate-risk agents present in the community and associated with human disease of varying severity.
Laboratories (Biosafety Level 3, OSHA Standards) means a facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences.
Laboratories, scientific (Biosafety Level 4, OSHA Standards) means a facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease.
Large wind energy system means a wind energy conversion system consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A large wind energy conversion system consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion electronics and has a total rated capacity that is at least 100 kW but less than 250 kW.
Laundry/cleaning plant, commercial, means a facility of 5,500 square feet or more equipped for commercial laundry and dry cleaning operations and storing solvents and cleaning compounds on the premises.
Laundry/cleaning plant, retail with pickup facilities, means a facility of less than 5,500 square feet in gross floor area offering retail services to the public, equipped for commercial laundry and dry cleaning operations, and storing solvents and cleaning compounds on the premises.
Laundry/dry cleaning, pick-up only, means a facility used for picking up individual consumer's laundry and/or dry cleaning without dry cleaning equipment located on the premises.
Laundry, self-service, means an unattended facility with coin-operated washing machines and or/ dryers available for the use of the general public. This does not include laundry facilities provided as an accessory use for the benefit of the residents or tenants of multifamily development projects.
Lawn equipment sales and repair means an establishment primarily engaged in the sale and repair of new and used merchandise, including mowers, blowers, lawn tractors, edgers or other lawn equipment.
Livestock auction means barns, pens and sheds for the temporary holding and sale of livestock.
Loading space means a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, together with access and maneuvering areas provided on the same building lot as the principal use for which the loading space is intended.
Local utility line means facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power or communication service.
Location map means a vicinity map indicating the location of a specific site with reference to established physical landmarks, including streets, rivers, railroad rights-of-way, and highways.
Long-term care facility means a residential facility licensed or approved to provide services for people who require constant nursing care and have significant deficiencies with activities of daily living, including, but not limited to, facilities commonly known as nursing homes, convalescent homes, care homes or rest homes The term "long term care facility" also includes skilled nursing facilities providing physical, occupational, and other rehabilitative therapies following an accident or illness other than solely on an out-patient basis.
Lot means an undivided tract or parcel of land having frontage on a public street and designated as a distinct tract.
Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building lot.
Lot, corner, means a building lot situated at the intersection of two streets.
Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot or the area determined as the maximum cross sectional area of a building.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary.
Lot, flag, means a lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line.
Lot, interior, means a lot within a subdivision that is not located at the intersection of any adjacent public or private street.
Lot line means a boundary of a building lot.
Lot line, front, means the boundary of a building lot that 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 the boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
Lot line, side, means the boundary of a lot which is not a front lot line or a rear lot line.
Lot of record means an area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the State of Texas, with the county clerk of Collin County, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.
Lot, radial, means lots adjacent to curved streets or circular culs-de-sac with side lot lines running roughly perpendicular to the street right-of-way.
Lot, reverse flag, means a lot of irregular shape with reduced access to a rear alley, amenity or natural feature.
Lot width means the width of a lot at the front building line. Measurements on irregularly shaped lots are to be taken in a straight line from a point where the front building line crosses the side property lines.
Main building means a building or buildings on a lot occupied by the primary use.
Maintenance and storage facilities means land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.
Manufactured home 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, and 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. The term does not include a recreational vehicle as that term is defined by 24 CFR § 3282.8(g).
Manufactured housing unit means a pre-assembled self-contained dwelling unit designed to be transported in one or more parts which is not to be installed on a permanent foundation. Modular housing units, recreational vehicles and campers are not manufactured housing units.
Manufactured housing unit space means an area of land within a manufactured housing park dedicated for the placement of a dwelling unit.
Manufactured housing unit pad means a level and graded area to which the manufactured housing unit will be secured.
Manufactured housing park means a tract of land under single ownership and control that consists of not less than eight spaces leased for manufactured housing units.
Manufactured or mobile home subdivision means a tract of land subdivided into lots which are designed as permanent sites for mobile or manufactured homes and which are served by separate utilities, dedicated street access on a legally filed plat and are capable of being conveyed as separate lots.
Manufacturing (heavy) means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics and resins. Manufacturing production usually is carried on for the wholesale market rather than for direct sales.
Manufacturing (light) means the manufacturing, fabrication, transformation, or assembly of products that do not involve the generation of objectionable noise, odor, vibration, and dust or hazard.
Masonry means construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, glass block or similar building materials laid up unit by unit and set in mortar. Synthetic stucco (such as Exterior Finish and Insulation System (E.F.I.S) and cement fiber products are not considered as a masonry alternative on commercial structures.
Massage establishment means a place of business that advertises or offers massage therapy or other massage services, whether with or without the use of mechanical, therapeutic or bathing devices, and is licensed by the state of Texas in accordance with V.T.C.A., Occupations Code ch. 455, and V.T.C.A., Administrative Code tit. 25, as amended. This term does not include beauty parlors or barber shops duly licensed by the state; or treatment by a duly licensed medical doctor, chiropractor, or physical therapist.
Massage therapy means the service of physical therapy performed by a licensed physical therapist.
Medical clinic means facilities, other than hospitals and medical and dental offices, where patients are admitted for examinations and treatment by one or more physicians, on either a "walk-in" or appointment basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation. This classification includes emergency medical services offered exclusively on an out-patient basis, such as urgent care centers, as well as licensed facilities offering substance abuse treatment, blood banks and plasma centers, and day surgery centers. See also "Medical or dental office."
Medical or dental office means an office where outpatient medical and dental services are provided by physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification also includes physical therapy and counseling services related to medical conditions. See also "medical clinic."
Medium wind energy system means a wind energy conversion system consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A medium wind energy conversion system consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion electronics, which has a total rated capacity that is greater than ten kW but less than 100 kW.
Microbrewery means an establishment where beer, ale, etc., is brewed and served in conjunction with food service.
Mini-warehouse/public storage means a building(s) containing separate, individual self-storage units for rent or lease.
Mobile home park means a tract of land designed or being used to accommodate one or more portable dwelling units designed to be moved on wheels from location to location by automobile, truck or similar prime mover.
Mobile home, travel trailer and farm implement sales means the sale or rental of new and used mobile homes, travel trailers or farm implements, but excluding repair work, except incidental warranty repair of same, to be displayed and sold on the premises.
Motorcycle sales and repair, including personal watercraft, means an establishment primarily engaged in the sale, repair and service of new and used motorcycles, motorized bicycles, jet skis, or similar merchandise.
Museum, library or art gallery (public), means an institution for the collection, display and distribution of books, objects of art or science, and which is sponsored by a public or quasi-public agency and which facilities are open to the general public.
Museum/art gallery means a building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.
MUTCD means the Texas Manual on Uniform Traffic Control Devices.
NCTCOG means the North Central Texas Council of Governments.
Nonconforming use means a building, structure, use or occupancy which was lawful on the effective date of zoning regulations or amendments thereto, or which was in effect when annexed into the city but which does not conform to the use regulations of the zoning district in which it is situated.
Noxious matter means a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.
Nursery, plant materials, wholesale, means land, buildings, structures or combinations thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered on the premises and including products used for gardening or landscaping.
Occupancy means the use or intended use of the land or buildings by proprietors or tenants.
Off-street parking means off-street parking located on the lot or tract occupied by the main use.
Office-showroom/warehouse means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing but not accessible to the general 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.
Office use means administrative, executive, professional, managerial premises not a part of retail, wholesale or manufacturing operation. The term does not include (a) banks or financial institutions, (b) check cashing businesses, payday/advance loan businesses, motor vehicle title loan businesses, money transfer businesses, credit service organizations, or credit access business as such businesses are defined pursuant to applicable provisions of the V.T.C.A., Finance Code and/or this Code, or (c) other similar businesses to those described in (a) or (b) of this sentence. A consumer reporting agency, as defined in 15 U.S.C. § 1681a(f), may be considered an office use.
Open area means that part of a building lot, including courts or yards, which:
(a)
Is open and unobstructed from its lowest level to the sky; and
(b)
Is accessible to all residents upon a building lot; and
(c)
Is not part of the roof of that portion of the building containing dwelling units.
Open space means an area accessible to and permanently reserved for the common use and enjoyment of the occupants of residential uses for landscaping, leisure and recreational purposes. Open space does not include area devoted to parking, accessory uses, fence row easements, landscaping required pursuant to this Code, 100-year floodplain areas, drainage easements, natural drainage areas, creeks or building separation required under adopted building codes.
Outdoor display means the placement of commodities, materials, goods, equipment, vehicles, merchandise, or other personal property that are immediately available for sale or rent outside of a building.
Outdoor produce market means a business which sells fresh fruit, vegetables, small plants, flowers, and related perishable food products.
Outdoor storage means the storage on the exterior of a building of commodities, materials, goods, equipment, vehicles for repair as part of an automotive repair use, storage pods, merchandise, or other personal property for a primary use on the same property for a purpose other than displaying same to the public for purpose of enticing the immediate sale or lease of said items.
Outdoor vending machine means any machine or container, manual or automated, located outdoors and designed for the convenient storage and dispensing of merchandise for retail sale; including but not limited to soda vending machines, food vending machines, ice vending machines, video rental machines, and water dispensing/vending machines. Newspaper racks, pay telephones, air pumps, vacuum machines and automatic teller machines are not considered vending machines.
Park-and-ride facility means a public bus and/or rail transportation facility providing scheduled local and/or regional passenger transportation that is constructed with an associated parking lot designed for passengers to park their motor vehicles prior to embarking on a bus and/or train that stops at said facility.
Park, private means any tract of land owned or controlled by any entity other than the local municipality and used for active or passive recreational purposes including playgrounds and swimming pools, but does not include playfields, stadiums, golf courses, community centers or similar recreation facilities.
Park, public means any municipally owned, operated and/or maintained tract of land or facility accessible and open, for use by the general public, with or without payment of a fee, for active or passive recreational purposes, including but not limited to, playfields, playgrounds, swimming pools, recreation centers, trails, nature preserve areas, and greenbelts.
Parking lot or structure (commercial) means an area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress. See also Garage.
Parking lot, truck, means any area, used for the parking or storage of trucks or trailers larger than one ton (manufacturer's gross vehicle weight).
Parking row, periphery means parking rows which abut the periphery or property lines associated with the proposed project site.
Parking space means an enclosed or unenclosed all-weather surfaced area of not less than 162 square feet (measuring approximately nine feet by 18 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley, permitting free ingress and egress without encroachment on the street or alley.
Paving width means the width of the driving surface that is commonly used by vehicular traffic, including any associated curbs. This is normally the width of the paved driving surface as measured from edge of pavement to edge of pavement.
Pawnbroker means any person engaged in the business of lending money on the security of pledged goods, or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
Pawnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items.
Performance standards means standards or criteria by which qualitative and quantitative measures are derived for the regulation of uses and activities. The following definitions are applicable to performance standards:
Atmosphere means the air that envelops or surrounds the earth. Where air contaminants are emitted into a building not designed specifically as air pollution control equipment, such emission into the building shall be considered emission into the atmosphere.
Atmospheric pollution means the discharging from stacks, open storage, chimneys, exhausts, vents, ducts, openings, or open fires of such air contaminants as visible emissions, sulfur dioxide, particulate matter, hydrocarbons, fumes or similar material or gases.
Combustion means the rapid exothermic reaction of any material with oxygen.
Emission means the act of passing into the atmosphere an air contaminant or a gas stream that contains or may contain an air contaminant or the material so passed into the atmosphere.
Emission point means the location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere.
Exhaust gas volume means the total volume of gas emitted from an emission point.
Frequency means the number of times per second a vibration or sound wave oscillates.
Odor threshold means the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1391-57, Standard Method for Measuring Odor in Atmosphere.
Operation means any physical action resulting in a change in the location, form or physical properties of a material, or any chemical action resulting in a change in the chemical composition or chemical or physical properties of a material including but not limited to heat transfer, calcination, double decomposition fermentation, pyrolysis, electrolysis, combustion, material handling, evaporation mixing, absorption, filtration, fluidization, screening, crushing, grinding, demolishing, shoveling, bagging, etc.
Particulate matter means any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.
Person or operation means any person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, or owner or any state or local governmental agency or public district or any officer or employee thereof. It includes the owner, lessor, lessee, tenant, licensee, manager and operator, or any of such, of any emission point or any source operation which may constitute a source of atmospheric pollution related thereto, or any interest in such emission point or operation source.
Smoke means a visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.
Toxic and noxious matter means any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property.
Vibration means a periodic displacement of the earth measured in inches.
Personal service business means an establishment providing individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer that have been treated or processed at that location or another location. Specific use types include, but are not limited to: barbershop, beauty shop, tanning salons, permanent cosmetics, nail salons, educational instructional activities (e.g., tutoring), and dance and martial arts studios.
Pest control service means a commercial enterprise licensed by the state to engage in the eradication of insects and vermin.
Plat means a map or drawing depicting a tract of land prepared in conformance with V.T.C.A., Local Government Code ch. 212.
Plat, amending, means an approved recorded plat resubmitted to correct dimensional or notational errors and omissions, or to relocate lot lines.
Plat, combination, means a plat containing three lots or fewer that is considered as both a preliminary and final plat.
Plat, final subdivision, means the map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate county records and prepared in conformance with the conditions of preliminary plat approval granted by the commission.
Plat, preliminary subdivision, means the map or drawing of a proposed subdivision illustrating the features of development for the review of the commission.
Plat, street dedication, means a map or drawing illustrating only the location of a public street within a specific tract of land.
Playfield or stadium means an athletic field or stadium owned and operated for the general public including a baseball field, golf course, football field or stadium.
Private club means an establishment providing dining facilities which may also provide alcoholic beverage service to an association of persons who by membership fall under the provisions of the V.T.C.A., Alcoholic Beverage Code title 3, ch. 32.
Psychic reader, fortune-teller or spiritual advisor means a use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune-telling shall include, but is not 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, and spiritual reading.
Public safety facility means a government-owned building and related improvements constructed and operated in association with the provision of law enforcement, fire protection, and emergency medical services to the city. Public portions of the building refer to the areas of the building to which the public can access freely without special permission or escort, such as a public lobby or community room. Nonpublic portions of the building refer to areas of the building that are secure and intended to be accessed primarily by employees and contractors of the building's owner and people expressly granted such access by those acting on behalf of the owner of the building.
Public service facility means the erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, public water and sewage services, and the storage and maintenance of related equipment and materials.
Radio, television or microwave towers means structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television. See also Telecommunications.
Recreation area means a privately owned park, playground, or open space maintained by a community club, property owners' association, or similar organization.
Recreation camp means an area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated.
Recreation center (public) means a building or buildings housing recreation facilities owned, operated or leased for operation by the city and may include swimming pools, tennis and other indoor or outdoor athletic facilities.
Recreational vehicle means a vehicle manufactured or modified to contain temporary living quarters for travel, recreation, or vacation purposes. This definition shall include but is not necessarily limited to campers, travel trailers, truck campers, and motor homes.
Replat means a plat of all or part of property incorporated in a previously recorded plat that has not been vacated.
Restaurant (no drive-in or drive-through) means an establishment serving food to the general public in specific, designated dining areas but which has no pass through window to deliver food to patrons who remain in their vehicles or parking areas designated for patrons to remain on-premises to consume the food purchased.
Restaurant (with a drive-in or drive-through) means an establishment serving food prepared on-site to customers at a walk-up or drive-through carry-out window(s) and/or to the customer remaining in the customer's vehicle parked on the premises, which establishment may or may not have an on-premises dining area.
Retail store means an establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Right-of-way means the land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties.
Roadway means the portion of the highway, including shoulders, for vehicular use.
School, private or parochial means a school operated by a private or religious agency or corporation providing elementary and/or secondary education, but not including a private or parochial school operated on the campus of a college, university, or trade school.
School, public means a school operated by an independent school district established in accordance with V.T.C.A., Education Code ch. 11, but not including a public school operated on the campus of a college, university, or trade school. This definition also includes open-enrollment charter schools in accordance with and to the extent provided in V.T.C.A., Education Code ch. 12.
Security station means the facility controlling vehicular access to private street developments, which may be a mechanism or a manned structure.
Self-storage, industrial, means a facility providing for the storage of commercial goods, including outdoor storage of vehicles and equipment on a rental basis.
Self-storage, neighborhood, means a facility designed to provide for storage of goods on a rental basis to residential neighborhoods.
Senior independent living means multi-family dwelling complex or similar living arrangement that is age restricted for senior citizens, but which is not an assisted-living center or long-term care facility.
Servant's quarters means an accessory building located on the same lot as the principal residential building, occupied only by such persons and their families as are employed fulltime by the occupants of the principal residence.
Service contractor means an establishment whose primary activity is the provision of services for the construction, maintenance, cleaning, or repair of buildings and properties on a fee or contract basis. Service contractors may include, but are not limited to, plumbing, heating and air conditioning, construction, and landscape maintenance services.
Service station means any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. See also Fueling station.
Sewers, on-site, means a septic tank or other individual sewage disposal system on an individual lot which has the approval of health and sanitation officials having jurisdiction.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, escort agency, nude model studio, massage parlor or sexual encounter center defined as follows:
Adult bookstore or adult video store means a business establishment which sells, exhibits, or offers for sale or rental sexually explicit books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, other visual representations; or instruments, devices or paraphernalia.
Adult cabaret or theater means a nightclub, bar or restaurant or similar commercial establishment which regularly features nude persons, sexually explicit live performances, or films, motion pictures, videocassettes, slides of other photographic reproductions.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises escorts for hire.
Massage parlor means an establishment providing massage service but not including therapeutic or rehabilitative exercises provided under the direction of a licensed professional physical therapist, chiropractor or physician.
Nude model studio means a commercial establishment which features nude persons to be sketched, drawn, painted, sculpted, photographed or observed for a fee or other form of consideration.
Sexual encounter center means a commercial establishment that offers or permits sexually explicit physical contact between persons of the opposite sex.
Shared roadway means any roadway upon which a bicycle lane is not designated and which may legally be used by bicycles regardless of whether such facility is specifically designated as a bikeway.
Shoulder bikeway/walkway means a shared roadway designed for bicycle and pedestrian usage.
Sidewalk means the portion of the street right-of-way outside the vehicle travel way which is for the use of pedestrian traffic.
Sign means any medium, including its structure and component parts, either a name, identification, description, display, and/or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, institution, or business without regard to the message content or lack thereof.
Small wind energy system means a single system designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, base, rotor blades, and associated control or conversion electronics which has a total rated capacity of 10 kW or less.
Smoking establishment means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs, tobacco bars, etc. and includes any establishment that allows both 1) the onsite purchase of tobacco, tobacco accessories or similar substances, and 2) the onsite smoking of tobacco or other substances.
Solar panel system means a combination of equipment and/or controls, accessories, interconnecting means and terminal elements for the collection, storage and distribution of solar energy. Solar panel systems do not include individually powered outdoor solar lights, such as garden lights, accent lights, security lights, or flood lights.
Specialty food store means any store that carries health foods, whole foods, natural foods, ethnic groceries or other specialty items.
Specific use permit (SUP) means a zoning designation for uses that may be allowed in specified districts.
Stable means a commercial enterprise engaged in housing or boarding horses or providing horses for hire.
Story means the part of a building, other than a basement, between the surface of a floor and the ceiling immediately above, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished out for use.
Street, thoroughfare or road means a right-of-way providing access to adjacent properties with a part thereof to be used for vehicular traffic.
Street, access, means any public street within a subdivision or along the boundaries of a subdivision which would serve any properties outside the plat boundaries or provide a connection directly with a collector street.
Street, alley, means a minor street used primarily for vehicular access to the back or side of properties abutting on another street.
Street, arterial, is a general term denoting a highway primarily for through traffic carrying heavy loads and large volume of traffic, usually on a continuous route.
Street, collector, means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within a residential subdivision.
Street, cul-de-sac, means a local street of relatively short length with one end open to traffic.
Street, dead-end, means a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.
Street, interior, means a street located within a subdivision designed to serve only those properties within the boundaries of the subdivision in which it is established.
Street, local, means a street providing access to residential or other abutting property.
Street, loop, means a local street, each end of which terminates at an intersection with the same adjacent street, and whose principal radius points of 180-degree system of turns are not more than l,000 feet from said adjacent street, and normally more than 600 feet from each other.
Street, private, means a platted street or alley providing limited local traffic circulation among adjacent lots which is privately owned and maintained, contained within a private street lot, and constructed in accordance with the requirements of this policy.
Street, stub, means a public street not terminated by a permanent circular turnaround, ending adjacent to undeveloped property or acreage.
Structure means any construction, including a building or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools located adjacent to a designated collector or arterial, as designated on the thoroughfare plan, decks in excess of 30 inches in height, and roof overhangs exceeding three feet. A wooden fence eight feet or less in height shall not be considered a structure for purposes of this Code.
Structure, accessory (nonresidential), means a subordinate structure detached and used for a purpose customarily incidental to the principal use.
Structure, accessory (residential), means a subordinate structure detached and used for a purpose customarily incidental to the principal residential use. Accessory structures may not be used as a dwelling unit.
Structure, permanent, means a structure with a foundation, poured-in-place footings, and underground plumbing, intended not to be temporary.
Structure, principal, means a structure in which the principal use of the lot on which it is located is conducted. All residential uses, except bona fide servant's quarters, are principal uses.
Structure, temporary, means a structure without a permanent foundation or poured-in-place footings, capable of being moved without disassembling or damage, secured by tie-downs or other means; to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Subdivision means a division of land into two or more parts to lay out a subdivision of the tract, including an addition to the municipality, or to lay out suburban, building or other lots, and or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to public streets, alleys, squares, or parks or other parts. A division of a tract under this subsection includes a division regardless of whether it is made using metes and bounds description in a deed of conveyance, by using a contract for sale or other executory contract to convey, or by any other method. A subdivision does not include the division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.
Swim or tennis club means a private recreational club with restricted membership, usually of less area than a country club but including a clubhouse and a swimming pool, tennis courts and similar recreational facilities none of which are available to the general public.
Target range means any indoor facility open to the public and occupying all or a portion of a building where firearms are discharged for testing or recreation purposes.
Tattoo studio means premises used for the business of marking or coloring the skin with dyes or inks. Tattooing for medical purposes (e.g., plastic surgery or reconstructive surgery) and for cosmetic purposes (e.g., permanent eye liner) that are accessory to other uses are not included in this definition. All tattoo studios must be licensed by the Texas Department of Health.
Teen club means a retail amusement establishment focused on the 13- to 19-year-old market group, providing entertainment through music, food and nonalcoholic beverage service, dancing, coin-operated machines, and the like.
Telecommunications means the transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the information as sent and received.
Alternative mounting structure means a water tower, manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas.
Antenna means a structure or device used to collect or radiate radio, television, microwave, electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omnidirectional antennas, such as whips, but not including satellite earth stations or noncommercial antennae installations for home use of radio or television.
Array means an arrangement of antennas and their supporting structure.
Dish means a parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern.
Panel means an antenna which receives and/or transmits signals in a directional pattern.
Stealth means a telecommunications antenna that is effectively camouflaged or concealed from view.
Telecommunications means an antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches (ten cm) in diameter and less than ten feet in height.
Whip means an omnidirectional dipole antenna of cylindrical shape which is no more than six inches in diameter.
Collocation means a single telecommunications tower and/or site used by more than one telecommunications service provider.
EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures."
Service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
Tower means a self-supporting or guyed structure more than 20 feet in height, built primarily to support one or more telecommunications antennas.
Electric transmission means a self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.
Guyed means any telecommunications tower supported in whole or in part by cables anchored to the ground.
Height means the distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any.
Monopole means a self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation.
Self-supporting lattice means a telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section.
Theater means a structure providing for live or taped entertainment with fixed seating.
Thoroughfare. See Street.
Townhouse means a single-family residence joined to another dwelling on one or more sides by a party wall with three or more units with each unit located on an individual lot.
Townhouse condominium means an attached residential unit with three or more units attached with individual ownership only in the living unit. Ownership and management of common areas is entrusted to a duly organized association of owners of property as provided in the Texas Condominium Act.
Trailer means a vehicle without motor power, designed or used for carrying property wholly on its own structure and to be drawn by a motor vehicle.
Tree means protected trees and unprotected trees of at least six caliper inches in diameter.
Tree caliper means the diameter of existing trees is measured in caliper inches four and one-half feet above the soil grade according to International Society of Arboriculture standards. If the tree is on a slope, measure from the high side of the slope. Trees must be measured above any unusual swells in the trunk. For a multi-trunk tree, all trunks are measured. The total caliper inches of the largest trunk and one-half of the caliper inches of each additional trunk represent the caliper inches of the tree. The diameter of new or replacement trees are measured in conformance with the American Association of Nurserymen Standards for Nursery Stock six inches above the ground for trees up to and including four-inch caliper, and 12 inches above the ground for trees of more than four-inch caliper. All measurements must be rounded to the nearest one-half inch.
Tree cover means the perimeter of the combined drip line of one or more trees containing calipers greater than six inches.
Trees, fence row, means all six caliper inch trees located within five feet on each side of a nearly straight line.
Tree, historic, means a protected tree in excess of 40 inches or that is determined to be over 100 years old by an arborist's estimate.
Tree, protected, means any healthy tree located outside of the floodplain and which is not an unprotected tree.
Tree removal permit means a permit issued to an owner to remove a tree.
Tree survey means a survey of existing trees prepared by a licensed arborist showing the approximate location, size (caliper and height), condition (healthy or unhealthy) and common name of each existing tree, including a table listing of each tree showing the common name, size (caliper and height).
Tree, replacement, means a tree or trees planted for the purpose of replacing trees lost as a result of development.
Tree, unprotected, means all trees of a species listed as "Unprotected Trees" in appendix C, Trees and Plants.
Tree mitigation plan means a plan for replacing trees to be removed.
TXDOT means the Texas Department of Transportation.
Ultimate 100-year floodplain means a floodplain with fully urbanized flows or fully developed watershed conditions.
Use means the occupancy, purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.
Use, principal, means the main use or occupancy of land or buildings as distinguished from a subordinate or accessory use.
Use, accessory, means a use incidental or subordinate to the principal use.
Variance means an adjustment in the application of the specific regulations of zoning regulations to a particular parcel of property, which, because of special conditions or circumstances peculiar to the particular parcel and not the result of applicant actions, would result in unnecessary and undue hardship.
Veterinary hospital, animal clinic or animal boarding facility means a place for the care, grooming, diagnosis and/or treatment of animals, and/or overnight boarding of animals.
Video redemption machine means a machine operated by the payment or insertion of paper currency, coin, metal slug, token, card, check or other consideration that is designed, made, and adapted solely for bona fide amusement purposes, and by operation of chance or a combination of chance and skill affords a user, in addition to any right of replay, an opportunity to receive exclusively noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items that have a wholesale value from a single play of the machine of not more than ten times the amount of the charge to play the machine or $5.00, whichever is less. No more than five video redemption machines may be operated on any premises or facility located under a common roof or located over a common foundation without a special use permit.
Warehouse means a building in which more than 50 percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building.
Wholesale business means those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal commercial or industrial consumption.
Wide outside lane means the wider outside vehicle lanes (greater than 12 feet) which are created to accommodate parallel travel of vehicles and bicycles on the outside edge of the lane. In the absence of bicyclists, vehicles may use the extra width.
Wind energy system or wind energy conversion system means a shaft, gearing belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity producing device to convert the mechanical energy of the surface area into electrical energy, and the associated, tower, pylon, and rotor blades or other device.
Wrecking, junk or auto salvage yard means a yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.
Yard means the area between the property line and the building setback line in which no structure may be located.
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 measured between the side lot lines and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.
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 a front line, shall be deemed a side line.
Zoning administrator means the director of planning and development.
Zoning district map means the official certified map depicting the boundaries of zoning districts.
(Ord. No. 1939-5-01, 5-3-2001; Ord. No. 1984-9-01, 9-6-2001; Ord. No. 2100-10-02, § 1, 10-8-2002; Ord. No. 2112-11-02, 11-26-2002; Ord. No. 2177-6-03, § 1, 6-10-2003; Ord. No. 2293-6-04, § 1, 6-8-2004; Ord. No. 2301-6-04, § 1, 6-22-2004; Ord. No. 2593-2-07, § 1(Exh. A), 2-13-2007; Ord. No. 2882-1-10, § 3, 1-12-2010; Ord. No. 2900-3-10, § 17.A—17.C, 3-23-2010; Ord. No. 2978-12-10, § 17, 12-14-2010; Ord. No. 3086-5-12, § 7, 5-22-2012; Ord. No. 3125-11-12, § 9, 11-27-2012; Ord. No. 3157-6-13, § 5, 6-11-2013; Ord. No. 3236-7-14, § 1, 7-8-2014; Ord. No. 3251-9-14, § 6, 9-9-2014; Ord. No. 3272-01-15, § 3, 1-13-2015; Ord. No. 3342-12-15, § 11, 12-8-2015; Ord. No. 3366-3-16, § 1, 3-8-2016; Ord. No. 3488-6-17, § 5, 6-27-2017; Ord. No. 3562-3-18, § 6.A—C, 3-27-2018; Ord. No. 3614-9-18, §§ 10.A, B, 9-25-2018; Ord. No. 3697-8-19, § 1.J, 8-27-2019; Ord. No. 3754-6-20, § 1.N, 6-9-2020; Ord. No. 3846-8-21, § 5.A—C, 8-10-2021; Ord. No. 3988-2-23, § 4.A—D, 2-28-2023; Ord. No. 4018-8-23, §§ 3.A, B, 8-22-2023; Ord. No. 4068-2-24, § 1.B, 2-27-2024; Ord. No. 4083-5-24, § 3, 5-28-2024)
DEFINITIONS
AASHTO means the American Association of State Highway and Transportation Officials.
Accessory use means a use customarily incidental, appropriate and subordinate to the principal use and located on the same lot therewith.
ADA means the Americans with Disabilities Act.
Adult day care facility means a licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than 24 hours a day.
Agricultural use means any activity related to the cultivation of the soil, the production of crops or growth of vegetation for human food, animal feed, livestock forage, forage for wildlife management, or planting seed or for the production of fibers; floriculture, viticulture or horticulture; the raising or keeping of livestock; the planting of cover crops or the leaving land idle for the purpose of participating in any governmental program or recognized normal crop rotation or livestock rotation procedure. A residential unit and related outbuildings located wholly on a tract of land used solely for one or more of the purposes described in the preceding sentence shall be deemed an accessory agricultural use.
Airport means an area improved for the landing or takeoff of aircraft.
Air installation compatible use zone means areas upon which limited control is required with respect to land uses that may obstruct airspace because found generally compatible with airport operations, posing no health or safety hazard for aircraft operations.
Airport elevation means the highest point airport usable landing area measured in feet above mean sea level.
Airport obstruction means any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or takeoff, or is otherwise hazardous to airport operations.
Airspace height means the height limits established in this Code, to be measured in feet above mean sea level.
Airport hazard means any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations.
Alter or alteration means any change, addition, or modification in construction, use or occupancy, or any change in the size, shape, outline, or type of sign.
Amenity center means private recreation facilities which may include swimming pools, meeting rooms, open space, or other amenities maintained by a homeowners' association for the benefit of neighborhood residents.
Amusement commercial (indoor) means a private facility offering indoor entertainment such as bowling alley, billiard parlor, skating rink, video arcade, coin-operated amusement machines in compliance with section 47.01(4)(B) of the Texas Penal Code, or similar indoor entertainment, but does not include, social gaming, gaming clubs or parlors, cardrooms, or similar gaming activities.
Amusement, commercial (outdoor), means a facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf course.
Antique shop means an establishment offering for sale glass, china, objets d'art, furniture or similar furnishings and decorations which have value and significance as a result of age, design and sentiment.
Arterial means existing or proposed street identified as such on the adopted major thoroughfare plan of the city.
Assisted living facility means a residential facility for people with special needs, especially seniors with disabilities, which provides supervision or assistance with activities of daily living; coordination of services by outside health care providers; and monitoring of resident activities to help to ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff person.
Automotive repairs, major, means the repair, rebuilding or reconditioning of engines, air conditioning systems and transmissions for motor vehicles, wrecker service, collision services, including body, frame or fender straightening or repair, customizing, painting, vehicle steam cleaning, undercoating and rustproofing and any use listed under "Automotive repairs, minor."
Automotive repairs, 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; tuneups; 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 motor vehicles except heavy load vehicles, but not including any operation named under "Automotive repair, major" or any similar use.
Automotive sales and service means the sale, rental, or display and service of passenger cars and light trucks, including sport utility vehicles (SUVs) and trucks with a manufacturer's gross vehicle weight rating (GVWR) of one ton or less.
Awning means a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
Bar. See Private club.
Basement means the portion of a building at least four feet below grade for more than 50 percent of the perimeter but not more than eight feet below grade at any point of the structure.
Bed and breakfast means a single-family dwelling which provides accommodations for one or more paying guests on a reservation basis.
Bicycle means a vehicle having two tandem wheels, either of which is more than 16 inches in diameter or having three wheels in contact with the ground any of which is more than 16 inches, propelled solely by human power, upon which any persons or person may ride.
Bicycle path means a bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way.
Bicycle route means a segment of a system of bikeways designated with appropriate directional and informational markers with or without specific bicycle route number.
Bikeway means any road, path, or way which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
Birthing center means a facility or place where a woman is scheduled to give birth following a normal, uncomplicated (low-risk) pregnancy. This term does not include a hospital, ambulatory surgical center, a nursing home, or the residence of the woman giving birth. Source: Birth Center Licensing Division, Texas Department of Health.
Block means a parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof.
Board means the board of adjustment as authorized by V.T.C.A., Local Government Code § 211.008.
Boardinghouse or roominghouse means a dwelling other than a hotel where meals and lodging are provided for compensation for three or more unrelated persons on a monthly or weekly basis, and where no cooking or dining facilities are provided in the individual rooms.
Build means to erect, convert, enlarge, reconstruct, or alter a building or structure.
Buildable area means the area of the building site not including land located within the 100-year floodplain, easements, or yards.
Buildable width means the width of a lot not included within the required side yard setbacks.
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, assembly, means a building or portion of a building used for the gathering of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transportation.
Building codes means the adopted International Building Code, the International Plumbing Code, the International Mechanical Code and National Electrical Code, as amended, and such other building code as may be adopted by the city to govern buildings and structures.
Building materials sales means facilities for the wholesale or retail sale of building materials, tools and hardware customarily used in the construction of buildings and other structures.
Building permit application means an application submitted to the chief building official for new construction and remodeling, including any exterior remodeling which increases the exterior dimensions of any structure, which includes the replacement of 51 percent or more of an existing roof; the construction of a masonry wall or fence exceeding 30 inches in height measured from natural grade; the enclosure of an existing canopy, carport, porte-cochere; or the construction of decking which exceeds 30 inches from natural grade.
Building setback line means a line established by zoning regulations, generally parallel to and measured from the lot line, defining the limits of a yard in which no building or structure may be located, except as otherwise provided. See definition of Yard.
Building site means a tract of land located within a single block which, at time of filing for a building permit, is designed to be used, developed, or built upon as a unit.
Bulk handling means the transferring of flammable or combustible liquids from tanks or drums into smaller containers for distribution.
Caretaker or guard residence means accessory dwellings located on a premises occupied by a permitted principal use occupied only by guards or caretakers employed on the premises.
Carnival means temporary entertainment facilities providing rides, exhibits, games, musical productions, food and drink, and items for sale as part of a private commercial venture.
Carport means a structure open on a minimum of three sides designed or used to shelter vehicles.
Carwash means a facility for the washing of automobiles and light trucks.
Catering means an establishment that serves and supplies food to be consumed off premises; a service providing meals and/or refreshments for public or private entertainment for a fee; provides food and incidental service for a social affair or for a private dwelling, but does not use commercial vehicles that are equipped in any manner for purposes of transporting food to be sold directly from such vehicles.
Cellar. See Basement.
Cemetery means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
Certificate of compliance means a written certificate issued by the commission denoting that a subdivision plat or replat has been reviewed and approved pursuant to V.T.C.A., Local Government Code § 212.0115.
Certificate of occupancy means an official certificate issued by the city through the chief building official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued.
Certificate of title means a letter, report, opinion, statement, policy, or certificate prepared and executed by a title company authorized to do business in the state, or an attorney licensed in the state, describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat.
Chief building official means the administrative official charged with the responsibility of issuing permits and enforcing the zoning and building ordinances.
Church or other religious facility means a building used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for religious personnel on the premises.
City means the City of Allen, Texas.
City council means the governing body of the city.
City engineer means the engineer employed by the city, or the engineer retained as consultant to the city, or their duly authorized representative(s).
City manager means the chief executive officer of the city.
Code or this Code means the Allen Land Development Code, as amended.
Code of Ordinances means the City of Allen Code of Ordinances, as amended.
College, university or trade school means a non-profit or for-profit institution established for educational purposes offering courses of study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation; provided, however, a public, private, or parochial school that provides students enrolled at the school an opportunity to enroll in and take post-secondary courses or obtain concurrent credit for post-secondary course work on the school's campus is not a college, university, or trade school.
Commercial condominium means that portion of a commercial, institutional or office structure under individual ownership, sharing a common lot with ownership and management of common areas held by an organization or association of property owners subject to the Texas Condominium Act. See also Condominium.
Commission means the planning and zoning commission of the city.
Community center means a building and grounds owned and operated by a governmental body, homeowners' association, or nonprofit organization for the social, recreational, health or welfare of the community served.
Comprehensive master plan means the plan adopted by the council to guide the future development of the city which includes but is not limited to elements describing land uses, housing, transportation, utilities, parks, schools and other community facilities.
Concrete or asphalt batching plant (nontemporary) means a nontemporary manufacturing facility for the production of concrete or asphalt.
Concrete or asphalt batching plant (temporary) means a temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.
Condominium means a building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided, basis. See also Commercial condominium.
Congregate residence means any building or portion thereof that contains facilities for living, sleeping and sanitation, and may include facilities for eating and cooking, for occupancy by other than a family, including but not limited to shelters, convents, monasteries, dormitories, sorority and fraternity houses. Congregate residence does not include jails, hospitals, nursing homes, hotels or lodginghouses.
Construction work hours means those hours between 7:00 a.m. and 8:00 p.m.
Contractor's yard means a building, part of a building or land area used for the storage of materials, implements, or machinery related to construction activity.
Convenience store means a retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages.
Council means the city council of Allen, Texas.
Country club means a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.
Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent space.
Coverage means the area of a lot or tract covered by the roof or first floor of a building expressed as a percentage of lot area. Roof eaves extending three feet or less from the walls of a building are excluded from coverage computations.
Day care facility means a commercial facility licensed by the State of Texas and may be titled or known as a nursery school, kindergarten, child development center, day care center, private school, etc., which provides care for less than 24 hours a day for more than 13 children under age 14.
Density means the number of residential units permitted on a specific tract of land, usually expressed in a total number of units per gross or net acre.
Department means the department of planning and development.
Developer means the person, business, partnership, corporation, or association responsible for the development of the subdivision or addition.
Director means the director of the department of planning and development, or designee.
District means a zoning district approved by the council to which regulations concerning land use, occupancy, development, height and area, and other restrictions apply.
Driveway stacking means the distance between the street right-of-way line and the near side of the first intersecting interior aisle or parking stall designed to allow queuing of traffic.
Dwelling unit means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family, or a congregate residence for ten or fewer persons, but not including hotels or motels.
Dwelling, single-family detached, means a dwelling unit contained in a freestanding structure designed for occupancy by a single family.
Dwelling, two-family, means a single structure containing two dwelling units.
Dwelling, multifamily, means a single structure containing three or more dwelling units.
Dwelling, urban residential, means an attached high-density residential structure that takes on a more urban site arrangement. Units may be for rent or for sale as a condominium and may be integrated with non-residential uses.
Easement means the right of use over the property of another.
Electronic manufacturing and assembly means the manufacture and assembly of electronic components such as circuit boards, chips, cables, computer components.
Entry turnaround means an esplanade opening or other accommodation provided at the entrance to a private street development in order to allow vehicles denied access to re-enter the public street with a forward motion without unduly disturbing other vehicles at the entrance.
Essential services means infrastructure for provision of services by public and private utilities but not including buildings.
Extraterritorial jurisdiction means the unincorporated territory extending beyond the city limits established by the authority and subject to the limitations of V.T.C.A., Local Government Code ch. 42.
Facilities agreement means a contract for reimbursement of cost based upon a distribution of use or service.
Family means a number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage, or adoption.
Family home means a home 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 children, but where the total number of children, including the caretaker's own, does not exceed 12 at any time.
Fence means an artificially constructed barrier enclosing all or part of a tract of land intended to prevent escape or intrusion, or to establish a boundary.
Filing date means the date on which a complete application for plat approval is presented to the planning and development department.
Firearms sales and service means the sale, service, and/or repair of firearms, ammunition, and gun related equipment and accessories, but does not include the manufacture or assembly of ammunition or explosives.
Fitness/health center means a private commercial facility operated to promote physical health and fitness. Activities may include exercise, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to weight lifting and exercise equipment, fitness training, swimming pools, game courts and running or jogging tracks.
Flea market means an enclosed or unenclosed marketplace where secondhand, crafts, antiques or other goods are regularly offered for sale by two or more merchants. Fundraising events sponsored by religious, charitable, education, social or political organizations are not a flea market.
Flicker means the visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
Floodplain means an area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally shown on the flood insurance rate map (FIRM) for the city.
Floodway means the channel of a stream, plus any adjacent floodplain areas.
Floodway fringe means the area between the floodway and 100-year floodplain boundaries.
Floor area, gross, means the total area of a structure measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, but excluding carports or garages.
Floor area, net, means the gross floor area of a structure less stairs, washrooms, elevator shafts, and other common areas open to public or semi-public use.
Floor area ratio (FAR) means the ratio between the gross floor area in a structure and the total square feet of land in the tract on which the structure is located.
Food service means the institutional or retail preparation, packaging, exporting or private labeling of fresh, frozen, or refrigerated food products.
Fraternal organization, lodge or civic club means a society or association having a restricted membership and organized for the pursuit of some common objective.
Frontage means the portion of any tract which abuts a public street right-of-way affording primary access to the tract.
Fueling station means any building or premises used for the dispensing, sale, or offering for sale at retail of automobile fuel, oils, lubricants and automobile accessories.
Garage, private, means an accessory building enclosed on three sides designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory.
Garage, public, means a building or portion thereof, other than a private or storage garage, designed or used for storing motor vehicles for a fee.
Garage sale means occasional sales on residential premises.
General development plan means a map or plat designed to illustrate the general design features and street layout of a proposed subdivision to be developed and platted in sections or phases.
Golf course means a regulation golf course constructed by a private individual or group and operated as a commercial enterprise other than a driving range, miniature golf or similar golf-oriented commercial amusement.
Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
Greenway means a linear, landscape corridor of significant length accommodating multiple uses.
Gymnastics or sports training facility means a training center which provides individual training and exercise in the proper conditioning and preparation for organized competitive sports.
Height means the vertical distance of a structure 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.
To the deck line of mansard roofs; or
3.
To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, mechanical equipment, standpipes, telecommunication towers, ornamental cupolas, domes and spires, and parapet walls not exceeding ten feet in height.
Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.
Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing of or fueling and not for regularly scheduled stops.
Helistop, temporary, means a landing pad where the use is not to exceed three days, with no more than three stops per day.
Home occupation means an occupation or activity that is incidental and secondary to the primary use of the premises as a residence, and customarily conducted in a residential dwelling unit by a member of the residence, entirely within the main structure.
Hospice means a facility dedicated to providing emotional, social and spiritual support to the terminally ill and their families in a residential setting.
Hospital means a public or private institution providing medical and surgical care to the sick or injured, including surgical facilities and beds for patients to stay overnight. These establishments may include as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities as licensed by the State of Texas.
Hotel means a building offering overnight or temporary lodging accommodations for travelers or guestrooms for compensation on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, maid service and recreational facilities. A hotel may be either a full-service hotel, a limited service hotel, or a suite hotel.
Improvement means the construction, enlargement, alteration, repair, removal, conversion, or demolition of a building or structure.
Laboratories (dental) means any place where a person would perform the duties of a dental technician as defined in article 455.1.f, section 1, of the Texas Dental Practice Act.
Laboratories (Biosafety Level 2, OSHA Standards) means a facility in which work is done with the broad spectrum of indigenous moderate-risk agents present in the community and associated with human disease of varying severity.
Laboratories (Biosafety Level 3, OSHA Standards) means a facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences.
Laboratories, scientific (Biosafety Level 4, OSHA Standards) means a facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease.
Large wind energy system means a wind energy conversion system consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A large wind energy conversion system consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion electronics and has a total rated capacity that is at least 100 kW but less than 250 kW.
Laundry/cleaning plant, commercial, means a facility of 5,500 square feet or more equipped for commercial laundry and dry cleaning operations and storing solvents and cleaning compounds on the premises.
Laundry/cleaning plant, retail with pickup facilities, means a facility of less than 5,500 square feet in gross floor area offering retail services to the public, equipped for commercial laundry and dry cleaning operations, and storing solvents and cleaning compounds on the premises.
Laundry/dry cleaning, pick-up only, means a facility used for picking up individual consumer's laundry and/or dry cleaning without dry cleaning equipment located on the premises.
Laundry, self-service, means an unattended facility with coin-operated washing machines and or/ dryers available for the use of the general public. This does not include laundry facilities provided as an accessory use for the benefit of the residents or tenants of multifamily development projects.
Lawn equipment sales and repair means an establishment primarily engaged in the sale and repair of new and used merchandise, including mowers, blowers, lawn tractors, edgers or other lawn equipment.
Livestock auction means barns, pens and sheds for the temporary holding and sale of livestock.
Loading space means a space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, together with access and maneuvering areas provided on the same building lot as the principal use for which the loading space is intended.
Local utility line means facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, electric power or communication service.
Location map means a vicinity map indicating the location of a specific site with reference to established physical landmarks, including streets, rivers, railroad rights-of-way, and highways.
Long-term care facility means a residential facility licensed or approved to provide services for people who require constant nursing care and have significant deficiencies with activities of daily living, including, but not limited to, facilities commonly known as nursing homes, convalescent homes, care homes or rest homes The term "long term care facility" also includes skilled nursing facilities providing physical, occupational, and other rehabilitative therapies following an accident or illness other than solely on an out-patient basis.
Lot means an undivided tract or parcel of land having frontage on a public street and designated as a distinct tract.
Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building lot.
Lot, corner, means a building lot situated at the intersection of two streets.
Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot or the area determined as the maximum cross sectional area of a building.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary.
Lot, flag, means a lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line.
Lot, interior, means a lot within a subdivision that is not located at the intersection of any adjacent public or private street.
Lot line means a boundary of a building lot.
Lot line, front, means the boundary of a building lot that 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 the boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
Lot line, side, means the boundary of a lot which is not a front lot line or a rear lot line.
Lot of record means an area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the State of Texas, with the county clerk of Collin County, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.
Lot, radial, means lots adjacent to curved streets or circular culs-de-sac with side lot lines running roughly perpendicular to the street right-of-way.
Lot, reverse flag, means a lot of irregular shape with reduced access to a rear alley, amenity or natural feature.
Lot width means the width of a lot at the front building line. Measurements on irregularly shaped lots are to be taken in a straight line from a point where the front building line crosses the side property lines.
Main building means a building or buildings on a lot occupied by the primary use.
Maintenance and storage facilities means land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.
Manufactured home 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, and 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. The term does not include a recreational vehicle as that term is defined by 24 CFR § 3282.8(g).
Manufactured housing unit means a pre-assembled self-contained dwelling unit designed to be transported in one or more parts which is not to be installed on a permanent foundation. Modular housing units, recreational vehicles and campers are not manufactured housing units.
Manufactured housing unit space means an area of land within a manufactured housing park dedicated for the placement of a dwelling unit.
Manufactured housing unit pad means a level and graded area to which the manufactured housing unit will be secured.
Manufactured housing park means a tract of land under single ownership and control that consists of not less than eight spaces leased for manufactured housing units.
Manufactured or mobile home subdivision means a tract of land subdivided into lots which are designed as permanent sites for mobile or manufactured homes and which are served by separate utilities, dedicated street access on a legally filed plat and are capable of being conveyed as separate lots.
Manufacturing (heavy) means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics and resins. Manufacturing production usually is carried on for the wholesale market rather than for direct sales.
Manufacturing (light) means the manufacturing, fabrication, transformation, or assembly of products that do not involve the generation of objectionable noise, odor, vibration, and dust or hazard.
Masonry means construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, glass block or similar building materials laid up unit by unit and set in mortar. Synthetic stucco (such as Exterior Finish and Insulation System (E.F.I.S) and cement fiber products are not considered as a masonry alternative on commercial structures.
Massage establishment means a place of business that advertises or offers massage therapy or other massage services, whether with or without the use of mechanical, therapeutic or bathing devices, and is licensed by the state of Texas in accordance with V.T.C.A., Occupations Code ch. 455, and V.T.C.A., Administrative Code tit. 25, as amended. This term does not include beauty parlors or barber shops duly licensed by the state; or treatment by a duly licensed medical doctor, chiropractor, or physical therapist.
Massage therapy means the service of physical therapy performed by a licensed physical therapist.
Medical clinic means facilities, other than hospitals and medical and dental offices, where patients are admitted for examinations and treatment by one or more physicians, on either a "walk-in" or appointment basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation. This classification includes emergency medical services offered exclusively on an out-patient basis, such as urgent care centers, as well as licensed facilities offering substance abuse treatment, blood banks and plasma centers, and day surgery centers. See also "Medical or dental office."
Medical or dental office means an office where outpatient medical and dental services are provided by physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification also includes physical therapy and counseling services related to medical conditions. See also "medical clinic."
Medium wind energy system means a wind energy conversion system consisting of one wind turbine and designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A medium wind energy conversion system consists of a wind turbine, a tower, base, rotor blades, and associated control or conversion electronics, which has a total rated capacity that is greater than ten kW but less than 100 kW.
Microbrewery means an establishment where beer, ale, etc., is brewed and served in conjunction with food service.
Mini-warehouse/public storage means a building(s) containing separate, individual self-storage units for rent or lease.
Mobile home park means a tract of land designed or being used to accommodate one or more portable dwelling units designed to be moved on wheels from location to location by automobile, truck or similar prime mover.
Mobile home, travel trailer and farm implement sales means the sale or rental of new and used mobile homes, travel trailers or farm implements, but excluding repair work, except incidental warranty repair of same, to be displayed and sold on the premises.
Motorcycle sales and repair, including personal watercraft, means an establishment primarily engaged in the sale, repair and service of new and used motorcycles, motorized bicycles, jet skis, or similar merchandise.
Museum, library or art gallery (public), means an institution for the collection, display and distribution of books, objects of art or science, and which is sponsored by a public or quasi-public agency and which facilities are open to the general public.
Museum/art gallery means a building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.
MUTCD means the Texas Manual on Uniform Traffic Control Devices.
NCTCOG means the North Central Texas Council of Governments.
Nonconforming use means a building, structure, use or occupancy which was lawful on the effective date of zoning regulations or amendments thereto, or which was in effect when annexed into the city but which does not conform to the use regulations of the zoning district in which it is situated.
Noxious matter means a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.
Nursery, plant materials, wholesale, means land, buildings, structures or combinations thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered on the premises and including products used for gardening or landscaping.
Occupancy means the use or intended use of the land or buildings by proprietors or tenants.
Off-street parking means off-street parking located on the lot or tract occupied by the main use.
Office-showroom/warehouse means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing but not accessible to the general 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.
Office use means administrative, executive, professional, managerial premises not a part of retail, wholesale or manufacturing operation. The term does not include (a) banks or financial institutions, (b) check cashing businesses, payday/advance loan businesses, motor vehicle title loan businesses, money transfer businesses, credit service organizations, or credit access business as such businesses are defined pursuant to applicable provisions of the V.T.C.A., Finance Code and/or this Code, or (c) other similar businesses to those described in (a) or (b) of this sentence. A consumer reporting agency, as defined in 15 U.S.C. § 1681a(f), may be considered an office use.
Open area means that part of a building lot, including courts or yards, which:
(a)
Is open and unobstructed from its lowest level to the sky; and
(b)
Is accessible to all residents upon a building lot; and
(c)
Is not part of the roof of that portion of the building containing dwelling units.
Open space means an area accessible to and permanently reserved for the common use and enjoyment of the occupants of residential uses for landscaping, leisure and recreational purposes. Open space does not include area devoted to parking, accessory uses, fence row easements, landscaping required pursuant to this Code, 100-year floodplain areas, drainage easements, natural drainage areas, creeks or building separation required under adopted building codes.
Outdoor display means the placement of commodities, materials, goods, equipment, vehicles, merchandise, or other personal property that are immediately available for sale or rent outside of a building.
Outdoor produce market means a business which sells fresh fruit, vegetables, small plants, flowers, and related perishable food products.
Outdoor storage means the storage on the exterior of a building of commodities, materials, goods, equipment, vehicles for repair as part of an automotive repair use, storage pods, merchandise, or other personal property for a primary use on the same property for a purpose other than displaying same to the public for purpose of enticing the immediate sale or lease of said items.
Outdoor vending machine means any machine or container, manual or automated, located outdoors and designed for the convenient storage and dispensing of merchandise for retail sale; including but not limited to soda vending machines, food vending machines, ice vending machines, video rental machines, and water dispensing/vending machines. Newspaper racks, pay telephones, air pumps, vacuum machines and automatic teller machines are not considered vending machines.
Park-and-ride facility means a public bus and/or rail transportation facility providing scheduled local and/or regional passenger transportation that is constructed with an associated parking lot designed for passengers to park their motor vehicles prior to embarking on a bus and/or train that stops at said facility.
Park, private means any tract of land owned or controlled by any entity other than the local municipality and used for active or passive recreational purposes including playgrounds and swimming pools, but does not include playfields, stadiums, golf courses, community centers or similar recreation facilities.
Park, public means any municipally owned, operated and/or maintained tract of land or facility accessible and open, for use by the general public, with or without payment of a fee, for active or passive recreational purposes, including but not limited to, playfields, playgrounds, swimming pools, recreation centers, trails, nature preserve areas, and greenbelts.
Parking lot or structure (commercial) means an area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress. See also Garage.
Parking lot, truck, means any area, used for the parking or storage of trucks or trailers larger than one ton (manufacturer's gross vehicle weight).
Parking row, periphery means parking rows which abut the periphery or property lines associated with the proposed project site.
Parking space means an enclosed or unenclosed all-weather surfaced area of not less than 162 square feet (measuring approximately nine feet by 18 feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley, permitting free ingress and egress without encroachment on the street or alley.
Paving width means the width of the driving surface that is commonly used by vehicular traffic, including any associated curbs. This is normally the width of the paved driving surface as measured from edge of pavement to edge of pavement.
Pawnbroker means any person engaged in the business of lending money on the security of pledged goods, or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
Pawnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items.
Performance standards means standards or criteria by which qualitative and quantitative measures are derived for the regulation of uses and activities. The following definitions are applicable to performance standards:
Atmosphere means the air that envelops or surrounds the earth. Where air contaminants are emitted into a building not designed specifically as air pollution control equipment, such emission into the building shall be considered emission into the atmosphere.
Atmospheric pollution means the discharging from stacks, open storage, chimneys, exhausts, vents, ducts, openings, or open fires of such air contaminants as visible emissions, sulfur dioxide, particulate matter, hydrocarbons, fumes or similar material or gases.
Combustion means the rapid exothermic reaction of any material with oxygen.
Emission means the act of passing into the atmosphere an air contaminant or a gas stream that contains or may contain an air contaminant or the material so passed into the atmosphere.
Emission point means the location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere.
Exhaust gas volume means the total volume of gas emitted from an emission point.
Frequency means the number of times per second a vibration or sound wave oscillates.
Odor threshold means the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the odor threshold is prescribed by A.S.T.M.D. 1391-57, Standard Method for Measuring Odor in Atmosphere.
Operation means any physical action resulting in a change in the location, form or physical properties of a material, or any chemical action resulting in a change in the chemical composition or chemical or physical properties of a material including but not limited to heat transfer, calcination, double decomposition fermentation, pyrolysis, electrolysis, combustion, material handling, evaporation mixing, absorption, filtration, fluidization, screening, crushing, grinding, demolishing, shoveling, bagging, etc.
Particulate matter means any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.
Person or operation means any person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, or owner or any state or local governmental agency or public district or any officer or employee thereof. It includes the owner, lessor, lessee, tenant, licensee, manager and operator, or any of such, of any emission point or any source operation which may constitute a source of atmospheric pollution related thereto, or any interest in such emission point or operation source.
Smoke means a visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.
Toxic and noxious matter means any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property.
Vibration means a periodic displacement of the earth measured in inches.
Personal service business means an establishment providing individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer that have been treated or processed at that location or another location. Specific use types include, but are not limited to: barbershop, beauty shop, tanning salons, permanent cosmetics, nail salons, educational instructional activities (e.g., tutoring), and dance and martial arts studios.
Pest control service means a commercial enterprise licensed by the state to engage in the eradication of insects and vermin.
Plat means a map or drawing depicting a tract of land prepared in conformance with V.T.C.A., Local Government Code ch. 212.
Plat, amending, means an approved recorded plat resubmitted to correct dimensional or notational errors and omissions, or to relocate lot lines.
Plat, combination, means a plat containing three lots or fewer that is considered as both a preliminary and final plat.
Plat, final subdivision, means the map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate county records and prepared in conformance with the conditions of preliminary plat approval granted by the commission.
Plat, preliminary subdivision, means the map or drawing of a proposed subdivision illustrating the features of development for the review of the commission.
Plat, street dedication, means a map or drawing illustrating only the location of a public street within a specific tract of land.
Playfield or stadium means an athletic field or stadium owned and operated for the general public including a baseball field, golf course, football field or stadium.
Private club means an establishment providing dining facilities which may also provide alcoholic beverage service to an association of persons who by membership fall under the provisions of the V.T.C.A., Alcoholic Beverage Code title 3, ch. 32.
Psychic reader, fortune-teller or spiritual advisor means a use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune-telling shall include, but is not 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, and spiritual reading.
Public safety facility means a government-owned building and related improvements constructed and operated in association with the provision of law enforcement, fire protection, and emergency medical services to the city. Public portions of the building refer to the areas of the building to which the public can access freely without special permission or escort, such as a public lobby or community room. Nonpublic portions of the building refer to areas of the building that are secure and intended to be accessed primarily by employees and contractors of the building's owner and people expressly granted such access by those acting on behalf of the owner of the building.
Public service facility means the erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, public water and sewage services, and the storage and maintenance of related equipment and materials.
Radio, television or microwave towers means structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television. See also Telecommunications.
Recreation area means a privately owned park, playground, or open space maintained by a community club, property owners' association, or similar organization.
Recreation camp means an area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated.
Recreation center (public) means a building or buildings housing recreation facilities owned, operated or leased for operation by the city and may include swimming pools, tennis and other indoor or outdoor athletic facilities.
Recreational vehicle means a vehicle manufactured or modified to contain temporary living quarters for travel, recreation, or vacation purposes. This definition shall include but is not necessarily limited to campers, travel trailers, truck campers, and motor homes.
Replat means a plat of all or part of property incorporated in a previously recorded plat that has not been vacated.
Restaurant (no drive-in or drive-through) means an establishment serving food to the general public in specific, designated dining areas but which has no pass through window to deliver food to patrons who remain in their vehicles or parking areas designated for patrons to remain on-premises to consume the food purchased.
Restaurant (with a drive-in or drive-through) means an establishment serving food prepared on-site to customers at a walk-up or drive-through carry-out window(s) and/or to the customer remaining in the customer's vehicle parked on the premises, which establishment may or may not have an on-premises dining area.
Retail store means an establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Right-of-way means the land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties.
Roadway means the portion of the highway, including shoulders, for vehicular use.
School, private or parochial means a school operated by a private or religious agency or corporation providing elementary and/or secondary education, but not including a private or parochial school operated on the campus of a college, university, or trade school.
School, public means a school operated by an independent school district established in accordance with V.T.C.A., Education Code ch. 11, but not including a public school operated on the campus of a college, university, or trade school. This definition also includes open-enrollment charter schools in accordance with and to the extent provided in V.T.C.A., Education Code ch. 12.
Security station means the facility controlling vehicular access to private street developments, which may be a mechanism or a manned structure.
Self-storage, industrial, means a facility providing for the storage of commercial goods, including outdoor storage of vehicles and equipment on a rental basis.
Self-storage, neighborhood, means a facility designed to provide for storage of goods on a rental basis to residential neighborhoods.
Senior independent living means multi-family dwelling complex or similar living arrangement that is age restricted for senior citizens, but which is not an assisted-living center or long-term care facility.
Servant's quarters means an accessory building located on the same lot as the principal residential building, occupied only by such persons and their families as are employed fulltime by the occupants of the principal residence.
Service contractor means an establishment whose primary activity is the provision of services for the construction, maintenance, cleaning, or repair of buildings and properties on a fee or contract basis. Service contractors may include, but are not limited to, plumbing, heating and air conditioning, construction, and landscape maintenance services.
Service station means any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. See also Fueling station.
Sewers, on-site, means a septic tank or other individual sewage disposal system on an individual lot which has the approval of health and sanitation officials having jurisdiction.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, escort agency, nude model studio, massage parlor or sexual encounter center defined as follows:
Adult bookstore or adult video store means a business establishment which sells, exhibits, or offers for sale or rental sexually explicit books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, other visual representations; or instruments, devices or paraphernalia.
Adult cabaret or theater means a nightclub, bar or restaurant or similar commercial establishment which regularly features nude persons, sexually explicit live performances, or films, motion pictures, videocassettes, slides of other photographic reproductions.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises escorts for hire.
Massage parlor means an establishment providing massage service but not including therapeutic or rehabilitative exercises provided under the direction of a licensed professional physical therapist, chiropractor or physician.
Nude model studio means a commercial establishment which features nude persons to be sketched, drawn, painted, sculpted, photographed or observed for a fee or other form of consideration.
Sexual encounter center means a commercial establishment that offers or permits sexually explicit physical contact between persons of the opposite sex.
Shared roadway means any roadway upon which a bicycle lane is not designated and which may legally be used by bicycles regardless of whether such facility is specifically designated as a bikeway.
Shoulder bikeway/walkway means a shared roadway designed for bicycle and pedestrian usage.
Sidewalk means the portion of the street right-of-way outside the vehicle travel way which is for the use of pedestrian traffic.
Sign means any medium, including its structure and component parts, either a name, identification, description, display, and/or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, institution, or business without regard to the message content or lack thereof.
Small wind energy system means a single system designed to supplement other electricity sources for existing buildings or facilities, from which the power generated is used for on-site consumption. A small wind energy conversion system consists of a single wind turbine, a tower, base, rotor blades, and associated control or conversion electronics which has a total rated capacity of 10 kW or less.
Smoking establishment means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as cigar lounges, hookah cafes, tobacco clubs, tobacco bars, etc. and includes any establishment that allows both 1) the onsite purchase of tobacco, tobacco accessories or similar substances, and 2) the onsite smoking of tobacco or other substances.
Solar panel system means a combination of equipment and/or controls, accessories, interconnecting means and terminal elements for the collection, storage and distribution of solar energy. Solar panel systems do not include individually powered outdoor solar lights, such as garden lights, accent lights, security lights, or flood lights.
Specialty food store means any store that carries health foods, whole foods, natural foods, ethnic groceries or other specialty items.
Specific use permit (SUP) means a zoning designation for uses that may be allowed in specified districts.
Stable means a commercial enterprise engaged in housing or boarding horses or providing horses for hire.
Story means the part of a building, other than a basement, between the surface of a floor and the ceiling immediately above, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished out for use.
Street, thoroughfare or road means a right-of-way providing access to adjacent properties with a part thereof to be used for vehicular traffic.
Street, access, means any public street within a subdivision or along the boundaries of a subdivision which would serve any properties outside the plat boundaries or provide a connection directly with a collector street.
Street, alley, means a minor street used primarily for vehicular access to the back or side of properties abutting on another street.
Street, arterial, is a general term denoting a highway primarily for through traffic carrying heavy loads and large volume of traffic, usually on a continuous route.
Street, collector, means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within a residential subdivision.
Street, cul-de-sac, means a local street of relatively short length with one end open to traffic.
Street, dead-end, means a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.
Street, interior, means a street located within a subdivision designed to serve only those properties within the boundaries of the subdivision in which it is established.
Street, local, means a street providing access to residential or other abutting property.
Street, loop, means a local street, each end of which terminates at an intersection with the same adjacent street, and whose principal radius points of 180-degree system of turns are not more than l,000 feet from said adjacent street, and normally more than 600 feet from each other.
Street, private, means a platted street or alley providing limited local traffic circulation among adjacent lots which is privately owned and maintained, contained within a private street lot, and constructed in accordance with the requirements of this policy.
Street, stub, means a public street not terminated by a permanent circular turnaround, ending adjacent to undeveloped property or acreage.
Structure means any construction, including a building or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools located adjacent to a designated collector or arterial, as designated on the thoroughfare plan, decks in excess of 30 inches in height, and roof overhangs exceeding three feet. A wooden fence eight feet or less in height shall not be considered a structure for purposes of this Code.
Structure, accessory (nonresidential), means a subordinate structure detached and used for a purpose customarily incidental to the principal use.
Structure, accessory (residential), means a subordinate structure detached and used for a purpose customarily incidental to the principal residential use. Accessory structures may not be used as a dwelling unit.
Structure, permanent, means a structure with a foundation, poured-in-place footings, and underground plumbing, intended not to be temporary.
Structure, principal, means a structure in which the principal use of the lot on which it is located is conducted. All residential uses, except bona fide servant's quarters, are principal uses.
Structure, temporary, means a structure without a permanent foundation or poured-in-place footings, capable of being moved without disassembling or damage, secured by tie-downs or other means; to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Subdivision means a division of land into two or more parts to lay out a subdivision of the tract, including an addition to the municipality, or to lay out suburban, building or other lots, and or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to public streets, alleys, squares, or parks or other parts. A division of a tract under this subsection includes a division regardless of whether it is made using metes and bounds description in a deed of conveyance, by using a contract for sale or other executory contract to convey, or by any other method. A subdivision does not include the division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.
Swim or tennis club means a private recreational club with restricted membership, usually of less area than a country club but including a clubhouse and a swimming pool, tennis courts and similar recreational facilities none of which are available to the general public.
Target range means any indoor facility open to the public and occupying all or a portion of a building where firearms are discharged for testing or recreation purposes.
Tattoo studio means premises used for the business of marking or coloring the skin with dyes or inks. Tattooing for medical purposes (e.g., plastic surgery or reconstructive surgery) and for cosmetic purposes (e.g., permanent eye liner) that are accessory to other uses are not included in this definition. All tattoo studios must be licensed by the Texas Department of Health.
Teen club means a retail amusement establishment focused on the 13- to 19-year-old market group, providing entertainment through music, food and nonalcoholic beverage service, dancing, coin-operated machines, and the like.
Telecommunications means the transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the information as sent and received.
Alternative mounting structure means a water tower, manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas.
Antenna means a structure or device used to collect or radiate radio, television, microwave, electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omnidirectional antennas, such as whips, but not including satellite earth stations or noncommercial antennae installations for home use of radio or television.
Array means an arrangement of antennas and their supporting structure.
Dish means a parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern.
Panel means an antenna which receives and/or transmits signals in a directional pattern.
Stealth means a telecommunications antenna that is effectively camouflaged or concealed from view.
Telecommunications means an antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches (ten cm) in diameter and less than ten feet in height.
Whip means an omnidirectional dipole antenna of cylindrical shape which is no more than six inches in diameter.
Collocation means a single telecommunications tower and/or site used by more than one telecommunications service provider.
EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures."
Service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
Tower means a self-supporting or guyed structure more than 20 feet in height, built primarily to support one or more telecommunications antennas.
Electric transmission means a self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.
Guyed means any telecommunications tower supported in whole or in part by cables anchored to the ground.
Height means the distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any.
Monopole means a self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation.
Self-supporting lattice means a telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section.
Theater means a structure providing for live or taped entertainment with fixed seating.
Thoroughfare. See Street.
Townhouse means a single-family residence joined to another dwelling on one or more sides by a party wall with three or more units with each unit located on an individual lot.
Townhouse condominium means an attached residential unit with three or more units attached with individual ownership only in the living unit. Ownership and management of common areas is entrusted to a duly organized association of owners of property as provided in the Texas Condominium Act.
Trailer means a vehicle without motor power, designed or used for carrying property wholly on its own structure and to be drawn by a motor vehicle.
Tree means protected trees and unprotected trees of at least six caliper inches in diameter.
Tree caliper means the diameter of existing trees is measured in caliper inches four and one-half feet above the soil grade according to International Society of Arboriculture standards. If the tree is on a slope, measure from the high side of the slope. Trees must be measured above any unusual swells in the trunk. For a multi-trunk tree, all trunks are measured. The total caliper inches of the largest trunk and one-half of the caliper inches of each additional trunk represent the caliper inches of the tree. The diameter of new or replacement trees are measured in conformance with the American Association of Nurserymen Standards for Nursery Stock six inches above the ground for trees up to and including four-inch caliper, and 12 inches above the ground for trees of more than four-inch caliper. All measurements must be rounded to the nearest one-half inch.
Tree cover means the perimeter of the combined drip line of one or more trees containing calipers greater than six inches.
Trees, fence row, means all six caliper inch trees located within five feet on each side of a nearly straight line.
Tree, historic, means a protected tree in excess of 40 inches or that is determined to be over 100 years old by an arborist's estimate.
Tree, protected, means any healthy tree located outside of the floodplain and which is not an unprotected tree.
Tree removal permit means a permit issued to an owner to remove a tree.
Tree survey means a survey of existing trees prepared by a licensed arborist showing the approximate location, size (caliper and height), condition (healthy or unhealthy) and common name of each existing tree, including a table listing of each tree showing the common name, size (caliper and height).
Tree, replacement, means a tree or trees planted for the purpose of replacing trees lost as a result of development.
Tree, unprotected, means all trees of a species listed as "Unprotected Trees" in appendix C, Trees and Plants.
Tree mitigation plan means a plan for replacing trees to be removed.
TXDOT means the Texas Department of Transportation.
Ultimate 100-year floodplain means a floodplain with fully urbanized flows or fully developed watershed conditions.
Use means the occupancy, purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.
Use, principal, means the main use or occupancy of land or buildings as distinguished from a subordinate or accessory use.
Use, accessory, means a use incidental or subordinate to the principal use.
Variance means an adjustment in the application of the specific regulations of zoning regulations to a particular parcel of property, which, because of special conditions or circumstances peculiar to the particular parcel and not the result of applicant actions, would result in unnecessary and undue hardship.
Veterinary hospital, animal clinic or animal boarding facility means a place for the care, grooming, diagnosis and/or treatment of animals, and/or overnight boarding of animals.
Video redemption machine means a machine operated by the payment or insertion of paper currency, coin, metal slug, token, card, check or other consideration that is designed, made, and adapted solely for bona fide amusement purposes, and by operation of chance or a combination of chance and skill affords a user, in addition to any right of replay, an opportunity to receive exclusively noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items that have a wholesale value from a single play of the machine of not more than ten times the amount of the charge to play the machine or $5.00, whichever is less. No more than five video redemption machines may be operated on any premises or facility located under a common roof or located over a common foundation without a special use permit.
Warehouse means a building in which more than 50 percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building.
Wholesale business means those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal commercial or industrial consumption.
Wide outside lane means the wider outside vehicle lanes (greater than 12 feet) which are created to accommodate parallel travel of vehicles and bicycles on the outside edge of the lane. In the absence of bicyclists, vehicles may use the extra width.
Wind energy system or wind energy conversion system means a shaft, gearing belt, or coupling utilized to convert the rotation of the surface area into a form suitable for driving a generator, alternator, or other electricity producing device to convert the mechanical energy of the surface area into electrical energy, and the associated, tower, pylon, and rotor blades or other device.
Wrecking, junk or auto salvage yard means a yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.
Yard means the area between the property line and the building setback line in which no structure may be located.
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 measured between the side lot lines and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.
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 a front line, shall be deemed a side line.
Zoning administrator means the director of planning and development.
Zoning district map means the official certified map depicting the boundaries of zoning districts.
(Ord. No. 1939-5-01, 5-3-2001; Ord. No. 1984-9-01, 9-6-2001; Ord. No. 2100-10-02, § 1, 10-8-2002; Ord. No. 2112-11-02, 11-26-2002; Ord. No. 2177-6-03, § 1, 6-10-2003; Ord. No. 2293-6-04, § 1, 6-8-2004; Ord. No. 2301-6-04, § 1, 6-22-2004; Ord. No. 2593-2-07, § 1(Exh. A), 2-13-2007; Ord. No. 2882-1-10, § 3, 1-12-2010; Ord. No. 2900-3-10, § 17.A—17.C, 3-23-2010; Ord. No. 2978-12-10, § 17, 12-14-2010; Ord. No. 3086-5-12, § 7, 5-22-2012; Ord. No. 3125-11-12, § 9, 11-27-2012; Ord. No. 3157-6-13, § 5, 6-11-2013; Ord. No. 3236-7-14, § 1, 7-8-2014; Ord. No. 3251-9-14, § 6, 9-9-2014; Ord. No. 3272-01-15, § 3, 1-13-2015; Ord. No. 3342-12-15, § 11, 12-8-2015; Ord. No. 3366-3-16, § 1, 3-8-2016; Ord. No. 3488-6-17, § 5, 6-27-2017; Ord. No. 3562-3-18, § 6.A—C, 3-27-2018; Ord. No. 3614-9-18, §§ 10.A, B, 9-25-2018; Ord. No. 3697-8-19, § 1.J, 8-27-2019; Ord. No. 3754-6-20, § 1.N, 6-9-2020; Ord. No. 3846-8-21, § 5.A—C, 8-10-2021; Ord. No. 3988-2-23, § 4.A—D, 2-28-2023; Ord. No. 4018-8-23, §§ 3.A, B, 8-22-2023; Ord. No. 4068-2-24, § 1.B, 2-27-2024; Ord. No. 4083-5-24, § 3, 5-28-2024)