The following Planned Developments are included within this chapter as originally approved except as noted. For specific requirements or restrictions for each individual Planned Development, refer to the original amending ordinance for each Planned Development.

An asterisk (*) specifies the new base zoning district that existing Planned Developments are now converted to under this chapter.

The following Specific Use Permits are included within this chapter as originally approved. For specific requirements or restrictions for each SUP, refer to the original amending ordinance.

*Indicates reference number on the Zoning District Map.

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall also include the future tense, words used in the masculine gender shall also include the feminine gender, words used in the singular number shall also include the plural number, and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.

Accessory Building (Residential). In a residential district, a subordinate building that is detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. Examples may include, but are not limited to, the following a private garage for automobile storage, tool shed, greenhouse as a hobby (no business), home workshop, children's playhouse, storage building, garden shelter, etc.

Accessory Building (Business or Industry). In the nonresidential districts, a detached, subordinate building to the main building that is used for purposes accessory and incidental to the main use (see "Accessory Use").

Accessory Use. A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith (i.e., the land/building area that is used for the accessory use must be no more than half that used for the primary use, and/or the gross receipts/income that is derived from the accessory use must be significantly less than that derived from the primary use).

Airport or Landing Field. A place where aircraft can land and take off that is usually equipped with hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.

Alley. A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Ambulance Service. Provision of private (not operated by the City of Athens) emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.

Ammonium Nitrate. Ammonium salt of nitric acid that contains more than 33 percent nitrogen, one-half of which is the fifty (50) ammonium form and one-half of which is the nitrate form.

Ammonium Nitrate Material. Solid fertilizer that includes ammonium nitrate as a component, if the fertilizer's nitrogen content derived from the ammonium nitrate material is at least 28 percent of the fertilizer by weight.

Amusement Arcade (also Video Arcade). Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten (10) percent of the public floor area is devoted to three (3) or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including, but not limited to, such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device", as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, Commercial (Indoor). An amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.

Amusement, Commercial (Outdoor). An amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

Anhydrous Ammonia. The compound formed by the combination of two (2) gaseous elements, nitrogen and hydrogen, in the proportion of one (1) part of nitrogen to three (3) parts of hydrogen (NH ₃ ) by volume. Anhydrous ammonia is a fertilizer of ammonia gas in compressed and liquefied form. It is not aqueous ammonia which is a solution of ammonia gas in water and which is considered a low-pressure nitrogen solution.

Antenna, Microwave Reflector and Antenna Support Structure. An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors. (See Section 37.6.)

Antenna (Non-Commercial/Amateur). An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six (6) feet in diameter shall also be considered as a non-commercial antenna. (See Section 37.6.)

Antenna (Commercial). An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six (6) feet in diameter shall also be considered as a commercial antenna. (See Section 37.6.)

Antique Shop, Sales Indoors. A retail establishment engaged in the selling of works of art, furniture and/or other artifacts of an earlier period, with all sales and storage occurring inside a building.

Art Gallery Or Museum. An institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.

Assisted Living Facility. A congregate residence facility for ten (10) or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.).

Auto Laundry or Car Wash. Washing, waxing or cleaning of automobiles or light duty trucks.

Attended Auto Laundry or Car Wash. The owner of the vehicle does not actually wash the vehicle. Instead, he either leaves the vehicle and comes back to retrieve it later, or he waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

Unattended Auto Laundry or Car Wash. The owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Auto Finance and Leasing. Leasing of automobiles, motorcycles, and light load vehicles but no outside storage.

Auto Parts and Accessory Sales (Indoors). The use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Auto Rental. Storage or renting of automobiles and light trucks.

Auto Sales (New). Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service of new or used vehicles.

Auto Sales (Used). Retail sales, or offering for sale, used automobiles or light load vehicles.

Auto Storage or Auto Auction. The storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles (see "Wrecking Yard").

Automobile. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following passenger cars, light duty trucks and sport utility vehicles, vans and mini-vans, motor scooters and motorcycles.

Automobile Accessory Installation (Minor). Minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.

Automobile Repair Garage. An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.

Automobile Repair, Major. General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles, wrecker service, collision repair services including body, frame or fender straightening or repair, customizing, painting, vehicle steam cleaning, undercoating and rustproofing, those uses listed under "Automobile Repair, Minor", and other similar uses.

Automobile Repair, Minor. Minor repair or replacement of parts, tires, tubes and batteries, diagnostic services, minor maintenance services such as grease, oil, spark plug and filter changing, tune-ups, emergency road service, replacement of starters, alternators, hoses and 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 "Automobile Repair, Major" or any other similar use.

Automotive Gasoline or Motor Fuel Service Station. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "Automobile Repair, Minor" Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than forty-eight (48) hours.

Bakery or Confectionery (Retail). A facility less than 1,500 square feet for the production and/or sale of baked goods.

Bakery or Confectionery (Wholesale or Commercial). A manufacturing facility over 1,500 square feet for the production and distribution of baked goods and confectioneries to retail outlets.

Ballroom Dancing. An establishment open to the general public for dancing (any sales of alcoholic beverages for on-premises consumption shall be subject to requirements and use restrictions for private clubs).

Bank, Savings and Loan, or Credit Union. An establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Barn. A structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.

Basement (or Cellar). A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and Breakfast Inn or Facility. A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five (5) rooms for transient guests for compensation.

Block. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the city manager, or his/her designee, shall determine the outline of the block.

Boarding or Rooming House. A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.

Building. Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

Building Height. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof.

Building Line. A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected (see Illustration 6).

Building, Main or Primary. A building in which the principal use of the lot on which it is situated is conducted In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Building Materials and Hardware Sales (Indoor Or Outdoor). Materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a "home improvement center". "Outdoor" means the storage of materials and products outside of the main building.

Building Official. The inspector or administrative official charged with responsibility for issuing permits and enforcing the zoning ordinance and Building Code of the City of Athens.

Building Site. See "Lot" definition.

Bulk. Any lot that is not in a closed container at the time it passes to the possession of the consumer and includes material at any stage of distribution.

Bus Station or Terminal. Any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.

Caretakers or Guards Residence. A residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises (e.g., residence for guard in a private street development, residence for a guard/manager/caretaker for a self-storage facility or a restricted access business park, etc.).

Carnival, Circus or Tent Service (Temporary). Outdoor or indoor commercial amusement provided on a temporary basis.

Carport. A structure that is open on a minimum of two (2) sides and designed or used to shelter not more than three (3) vehicles and not to exceed twenty-four (24) feet on its longest dimension. Also called "covered parking area."

Cemetery or Mausoleum. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbanums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cemetery, Animal. Same as cemetery except only for the burial of dead animals.

Certificate of Occupancy. An official certificate issued by the City through the building official which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Child Care Center. A child-care facility that is licensed by the state to care for seven or more children, at a location other than the permit holder's home. Overnight accommodations may be provided if approved under the state license.

Church, Rectory or Temple. A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by State law). For the purposes of this chapter, Bible study and other similar activities which occur in a person's primary residence shall not apply to this definition.

City Council. The governing body of the City of Athens, Texas.

Civic Center. A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a municipality.

Cleaning Plant (Commercial/Wholesale). An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

Cleaning Shop or Laundry (Small Shop, Pick-Up and Self Service). A custom cleaning shop not exceeding two thousand five hundred (2,500) square feet of floor area and may include customer self-service laundry and cleaning.

College or University. An academic institution of higher learning, accredited or recognized by the State and covering a program or series of programs of academic study.

Commercial Amusement (Indoor). See Amusement, Commercial (Indoor).

Commercial Amusement (Outdoor). See Amusement, Commercial (Outdoor).

Commercial Fertilizer Storage or Manufacturing Facility. A facility that stores, mixes, or manufactures ten thousand (10,000) or more pounds of ammonium nitrate and/or anhydrous ammonia and/or is required to register with the Texas Feed and Fertilizer Control Service pursuant to Chapter 63 of the Texas Agriculture Code and/or its successor statutes.

Commercial Truck Sales, New or Used. The display or sale of new or used heavy load vehicles in operable condition, specifically excluding dismantling or salvaging of vehicles.

Communications Operations (Commercial). The transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.

Communications Operations (Non-Commercial/Amateur). The transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.

Community Center (Public). A building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.

Community Home. A place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons as licensed by the Texas Department of Mental Health and Mental Retardation (also see Chapter 123 of the Texas Human Resources Code).

Comprehensive Plan. Document adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City.

Concrete or Asphalt Batching Plant (Permanent). A permanent manufacturing facility for the production of concrete or asphalt.

Concrete or Asphalt Batching Plant (Temporary). 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.

Continuing Care Retirement Community. A housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.

Contractor's Shop With Outside Storage Yard. A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Convenience Store With (or Without) Gasoline Sales. Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries (and possibly gasoline, if pumps are provided). Does not include or offer any automobile repair services.

Copy Shop or Printing. An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.

Country Club (Private). 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. An open, unobstructed space, bounded on more than two (2) 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 (1) side open to a street, alley, yard, or other permanent open space.

Coverage. The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

Custom Personal Service Shop. Tailor, dressmaker, shoe shop, barber shop, beauty shop or similar shop offering custom service.

Day Activity Center. A facility licensed by the state that provides services under a day activity and health services (DAHS) program on a daily and regular basis, but not overnight, to four or more elderly people or people with disabilities who are not related by blood, marriage or adoption to the owner of the facility. DAHS facilities were previously called adult day care centers.

Day Camp for Children. A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Density. The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.

Detached. Having no physical connection above the top of the floor line of the first floor with any other building or structure.

Distribution Center. Building or facility used for the storage and distribution of wholesale items/products.

Drapery or Furniture Upholstering Shop. An establishment for the production, display and sale of draperies and soft coverings for furniture.

Dwelling. Any building or portion thereof, which is designed or used as living quarters for one or more families.

Dwelling, Single Family Attached (Townhouse). See "Single Family Dwelling (Attached)".

Dwelling Unit, Accessory. An accessory dwelling unit (ADU) is at least four hundred (400) square feet and no more than one thousand (1,000) square feet unless a specific use permit is approved by the city council and under no circumstance no more than half the size of the main structure, is a habitable living unit detached from a single-family dwelling, and provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory dwellings may not be sold or subdivided separately from the primary dwelling.

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Educational Facilities. Public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency, and such federally funded educational programs for preschool children as the Head Start Program.

Electrical Substation (High Voltage Bulk Power). A subsidiary station in which electric current is transformed.

Enclosed Building. A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air.

Event Center. Any room, place, or space that the primary business is to routinely rent or make available to members of the public for general social purposes such as weddings and wedding receptions, birthday parties, patriotic celebrations, fraternal gatherings, and other similar events.

Fairgrounds or Exhibition Area. An area or space either outside or within a building for the display of topic-specific goods or information.

Family. One (1) or more persons related by blood, marriage, or adoption, or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit.

Family Home (Child Care in Place of Residence). A facility that regularly provides care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed twelve (12) at any given time. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

Farm Animal Equivalent. For lands used for farming or ranching: One cow or one (1) horse per three (3) and one-half acres of pasture, or five (5) small livestock animals such as goats, sheep, or calves per three (3) and one-half acres of pasture.

Farm or Ranch. An area zoned Agriculture used for growing usual farm products, crops, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Farms and ranches are limited to one (1) farm animal equivalent per three (3) and one-half acres of pasture land.

Feed and Grain Store. An establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

FFA or 4H. Organizations that provide agricultural educational opportunities for students. Such activities are allowed in every residential classification as long as neighbor consent is granted.

Fire, Police or Municipal Building. Any public service building of the municipal government including a library or City Hall, but excluding storage yards, utility shops and equipment centers.

Flood Plain. An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM Flood Insurance Rate Map of the City of Athens.

Floor Area. The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

Floor Area Ratio (FAR). The floor area of a main building or buildings on a lot, divided by the lot area (see Illustration 1).

Florist Shop. An establishment for the display and retail sale of flowers, small plants and accessories.

Food Processing. A manufacturing or light industrial use that primarily deals with the processing and packaging of food (such as dairy or grain) products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products (e.g., bread and baked goods, dairy products such as cheese, etc.) created and packaged on the premises may be allowed as an accessory use.

Food Store. A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use.

Franchised Private Utility (Not Listed). A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Athens.

Fraternal Organization, Lodge, Civic Club, or Union. An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.

Front Yard. See "Yard, Front".

Funeral Home or Mortuary. A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Furniture, Home Furnishings or Appliance Stores. This group includes retail stores selling new goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.

Furniture Store (New and Used). Same as above except sales may include used items.

Garage/Accessory Dwelling. A residential dwelling unit attached to or over a garage but not attached to the main residential structure.

Garage, Private. An enclosed (on at least three (3) sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."

Garden, Crops or Orchard. An area within any zoning classification used for growing edible or ornamental plants.

Garden Shop. A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Gasoline Service or Filling Station. See "Automotive Gasoline or Motor Fuel Service Station".

General Commercial Plant. Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.

General Manufacturing. See "Industrial, Manufacturing".

General Retail Stores. This major group includes retail stores which sell a number of lines of primarily new merchandise including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (also see "Retail Shop").

General Service Mobile Food Unit. A food product establishment designed to be readily moveable from which food is distributed sold, or served to an ultimate consumer. General Service Mobile Food Units include general service pushcart and general mobile food preparation vehicles.

Golf Course. An area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Gymnastic or Dance Studio. A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

Hauling or Storage Company. See "Motor Freight Company".

Heavy Load Vehicle. A self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than fifteen thousand (15,000) pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise.

Heavy Machinery Sales and Storage. A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop. The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home For Aged, Residence. A home where elderly people are provided with lodging and meals without nursing care being a primary function.

Home Occupation. An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes (see Section 40).

Hospital (Acute Care). An institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.

Hospital (Chronic Care). An institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.

Household Appliance Service and Repair. The maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.

Household Care Facility. A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly, disabled, orphaned, abandoned, abused, or neglected children, victims of domestic violence, or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two (2) supervisory personnel as a single housekeeping unit. This definition is subject to Art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and Art. 101 ln (Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they presently exist or may be amended in the future.

Household Care Institution. A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who are elderly, disabled, orphaned, abandoned, abused, or neglected children, victims of domestic violence, convalescing from illness, or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.

Incidental or Accessory Retail and Service Uses. Any use different from the primary use but which compliments and/or supplements the primary use (for example, a sundries shop that serves tenants of an office building or hospital). Incidental shall mean an area which constitutes not more than fifteen (15) percent of the main use.

Industrial, Manufacturing. Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.

Industrialized Home or Modular Home. Means a structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f V.A.C.S.), nor does it include building modules incorporating concrete or masonry as the primary structural component.

Institution for Alcoholic, Narcotic or Psychiatric Patients. An institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients.

Kennels (Indoor Pens). An establishment with indoor pens in which more than four (4) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kennels (Outdoor Pens). An establishment with outdoor pens in which more than four (4) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kindergarten or Nursery School (Private). An establishment where more than three (3) children are housed for care and/or training during the day or portion thereof.

Kiosk. A small, free-standing, one-story accessory structure having a maximum floor area of one hundred (100) square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of fifty (50) square feet.

Kitchen, Residential. Generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this chapter, generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a "kitchenette" which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).

Laboratory Equipment Manufacturing. A facility that makes or produces equipment or products used for research or testing.

Laboratory, Scientific or Research. An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see "Medical Facilities — Medical Laboratory").

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Laundromat (or Self-Serve Washateria). A facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.

Light Load Vehicle. A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than fifteen thousand (15,000) pounds and having no more than two (2) axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than thirty-two (32) feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

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

Loading Space. An off-street space or berth used for the delivery and loading/unloading of vehicles.

Local Utility Line. The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad- and pole-mounted transformers.

Lot. A platted (as specified in V.T.C.A., Local Government Code ch. 212) parcel of land that is occupied or intended to be occupied by one (1) main building (or a group of main buildings) and any accessory building(s), which includes such parking, landscaping and open space as are required by this chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street. (See Illustrations 6, 7 and 8.)

Lot Area. The total area, measured on a horizontal plane, included within lot lines.

Lot, Corner. A lot which has at least two (2) adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two (2) sides is less than 135 degrees. (See Illustration 9.)

Lot Depth. The mean horizontal distance between the front and rear lot lines. (See Illustration 7.)

Lot, Double Frontage. A lot having frontage upon two (2) non-intersecting streets, as distinguished from a corner lot. (See Illustration 5.)

Lot, Flag. A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet. Flag, or panhandle, lots are typically discouraged.

Lot Frontage. That dimension of a lot or portion of a lot abutting onto a street, excluding the side dimension of a corner lot.

Lot, Interior. A lot other than a corner lot.

Lot, Key. A corner lot whose exterior side is adjacent to the front yard of another lot.

Lot Line, Front. The narrower side of the lot abutting a street. Where two (2) lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines. (See Illustration 6.)

Lot Line, Rear. The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero. (See Illustration 8.)

Lot Line, Side. Any lot line not the front or rear lot line.

Lot Lines or Property Lines. The lines bounding a lot as defined herein.

Lot of Record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Henderson County.

Lot Width. The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line. (See Illustration 6.)

Main Building. The building or buildings on a lot which are occupied by the primary use.

Manufactured Home Display or Sales (New). The offering for sale, storage, or display of new manufactured housing units (e g, mobile homes/trailers, HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured Home Display or Sales (Used). The offering for sale, storage, or display of previously owned (i.e., used), movable manufactured housing units (e g, mobile homes/trailers, HUD-Code homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured Housing. Any one (1) of three (3) types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.). For the purpose of this chapter, there are three (3) types of manufactured homes.

A.

Mobile Home. A movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.

B.

HUD-Code Manufactured Home. A movable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976.

C.

Industrialized Home (also called Modular Prefabricated Structure or Modular Home). A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.

Masonry Construction. That form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick veneer, exterior plasters (including stucco), or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar.

Mausoleum. Property used for the interring of the dead and where bodies are interred above ground in Staked Vaults.

Medical Facilities:

A.

Medical Clinic or Office. A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.

B.

Dental Office or Doctors Office. Same as medical clinic.

C.

Hospital. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

D.

Massage Establishment. Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by State law "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

E.

Public Health Center. A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

F.

Sanitarium. An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

G.

Surgical Out-Patient Facility. An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.

H.

Medical Laboratory. An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.

Mini-Warehouse. Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

Minor Medical Emergency Clinic. See "Medical Clinic or Office".

Mobile Home Park (also Trailer Park or Rv Park). A parcel of land which is designed, improved, or intended to be used for short- or long-term occupancy by mobile homes/trailers and/or recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Mobile Home Space. A plot of ground within a mobile home park, trailer park, RV park, or mobile home subdivision which is designed for the accommodation of one (1) mobile home, trailer or RV unit.

Mobile Home Subdivision. A parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned mobile home units or HUD-Code manufactured homes on platted lots which can be purchased outright by the owners of the mobile home units. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Model Home. A dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.

Motel or Hotel. A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.

Motorcycle. A usually two-wheeled, self-propelled vehicle having one (1) or two (2) saddles or seats, and which may have a sidecar attached. For purposes of this chapter, motorbikes, all-terrain vehicles (ATVs), motorscooters, mopeds and similar vehicles are classified as motorcycles.

Motorcycle Sales and Repair. The display, sale and/or servicing, including repair work, of motorcycles.

Motor Freight Company. A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.

Motor Vehicle. Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.

Multiple-Family Dwelling. Three or more dwelling units on a single lot designed to be occupied by three (3) or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadriplex), as well as traditional apartments.

Municipal Facility or Use. Any area, land, building, structure and/or facility which is owned, used, leased or operated by the City of Athens, Texas.

Nonconforming Use. A building, structure, or use of land lawfully occupied as of the effective date of this chapter or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

Nursery. An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.

Nursing, Convalescent or Rest Home. See "Skilled Nursing Facility".

Occupancy. The use or intended use of the land or buildings by proprietors or tenants.

Office Center. A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.

Office Showroom. An establishment with no more than twenty-five (25) 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 Warehouse. An establishment with more than twenty-five (25) percent of the total floor area devoted to storage and warehousing, but not generally accessible to the public.

Offices, Professional and General Business. A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

Officially Approved Place of Access. Access to a property, other than from a dedicated street, which is approved by the City of Athens.

Off-Street Parking Incidental to Main Use. Off-street parking spaces provided in accordance with the requirements of this chapter, located on the lot or tract occupied by the main use or within one hundred fifty (150) feet of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.

Outside Display. Outside temporary display of finished goods that are specifically intended for retail sale but not displayed outside overnight.

Outside Storage. The permanent and/or continuous keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as open storage.

Paint Shop. A commercial establishment where painting services are performed (but not automotive-related painting services, which would be included under "Automobile Repair, Major").

Parcel. Any unplatted tract of land, or any portion of an unplatted tract of land (also see "Tract").

Park or Playground (Private). See "Private Recreation Facility".

Park or Playground (Public). See "Public Recreation".

Parking Lot. An off-street (i.e., not on a public street or alley), ground level area, paved in accordance with City of Athens parking lot standards, for the short- or long-term storage of motor vehicles.

Parking Lot or Structure, Commercial (Auto). An area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.

Parking Space. An off-street (i.e., not on a public street or alley) area, paved in accordance with City of Athens parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.

Patio Home (Zero-Lot-Line Dwelling). A single-family dwelling on a separately platted lot which is designed such that one (1) side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one (1) side (i.e., wall) of such dwelling placed on the side property line. (See Section 19.)

Pawn Shop. An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with local, State and Federal regulations.

Personal Service Shop or Custom Personal Services. Establishments less than two thousand (2,000) square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his apparel and including (but not limited to) barber/beauty shops, dressmaking, shoe shining and repair, dry-cleaning and laundry pick-up stations, tailor or seamstress services, and other similar types of uses (no outside storage).

Pet and Animal Grooming Shop. A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Petroleum Distribution/Storage/Wholesale Facility. A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.

Planned Development District. Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.

Planning and Zoning Commission. A board which is appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. Also referred to as the "Commission."

Plat. A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of Athens, and which is approved by the City of Athens and recorded in the plat records of Henderson County.

Platted Lot. See "Lot" and "Lot of Record".

Playfield or Stadium (Private). An athletic field or stadium owned and operated by an agency other than the City of Athens or the School District.

Playfield or Stadium (Public). An athletic field or stadium owned and operated by a public agency (e.g., City of Athens, Athens Independent School District, etc.) for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.

Portable Building Sales (Outdoor Display). An establishment which displays and sells structures capable of being carried and transported to another location, but not including mobile homes.

Premises. Land together with any buildings or structures situated thereon.

Primary Use. The principal or predominant use of any lot or building.

Principal Building. See "Main Building".

Private Club. An establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of V.T.C.A., Alcoholic Beverage Code ch. 32, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Private Recreation Facility or Private Park. A recreation facility, park or playground which is not owned by a public agency such as the City or School District, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.

Produce Stand. A seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.

Professional Service. Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.

Propane Sales. Retail sales of gaseous substances commonly used for household purposes such as propane and/or butane, does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.

Public Agency Building, Shop, Yard or Facility. Any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following the State of Texas, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the City of Athens is defined as "Municipal Facility or Use".

Public Recreation. Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Athens' Code of Ordinances.

Public View. Public view means areas that can be seen from any public street.

Radio, Television or Microwave Tower. See Antenna, Microwave Reflector and Antenna Support Structure (see also Section 37.6).

Rear Yard. See "Yard, Rear".

Recreation Center. A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Recreational Vehicle (RV). A self-propelled (i.e., motorized), mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence. An RV may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also "Heavy Load Vehicle".)

Recreational Vehicle/Camper Sales and Leasing. An establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational Vehicle (RV) Park. An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also "Mobile Home Park".)

Recycling Kiosk. A small uninhabited structure (120 square feet maximum) or temporary container (e.g., "igloo" or dumpster-type container) which provides a self-service location for the depositing of recyclable materials such as aluminum cans (e.g., "can banks"), glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers.

Rehabilitation Care Facility (Halfway House). A dwelling unit which provides residence and care to not more than nine (9) persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two (2) supervisory personnel as a single housekeeping unit.

Rehabilitation Care Institution. A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Residence. Same as a dwelling, also, when used with district, an area of residential regulations.

Residence Hotels. A multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this chapter.

Residential District. District where the primary purpose is residential use.

Restaurant or Cafeteria (with Drive-Through Service). An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window(s).

Restaurant or Cafeteria (with No Drive-Through Service). An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.

Restaurant or Eating Place (Drive-In Service). An eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Retail or Service, Incidental. The rendering of incidental retailing or services incidental to the primary use. In the Office district, for example, such uses may include a barber/beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than fifteen (15) percent of the main use.

Retail Shop (for Apparel, Gifts, Accessories and Similar Items). An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Also see "General Retail Stores".)

Retirement Housing for the Elderly (also Independent Living Center or Congregate Housing). A development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of eighty (80) percent of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.

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

Rooming House. See "Boarding House."

Salvage or Reclamation of Products (also See Wrecking Yard). The reclamation and storage of used products or materials.

Sand, Gravel or Stone Extraction and/or Storage. The process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.

School, Business. A for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School, Commercial Trade. A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

School, Private (Primary or Secondary). A school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

School, Public or Parochial. A school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.

Scientific and Industrial Research Laboratories. Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Screened. Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

Seasonal Uses. Seasonal uses include the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year.

Servant's Quarters or Guest House. An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.

Sexually Oriented Business. See Ordinance No. O-43-95.

Shopping Center. A group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.

Shooting Range, Indoor. Any public or private indoor facility or portion thereof operated for the purpose of discharging firearms for testing, training, or recreational purposes.

Shooting Range, Outdoor. Any public or private outdoor facility or portion thereof operated for the purpose of discharging firearms for testing, training, or recreational purposes.

Short-Term Rental or STR. A residential premises, or portion thereof, used for lodging accommodations to one or more occupants for a period of less than 30 consecutive days. Residential premises could include a single-family dwelling, garage apartment, guest house, manufactured home, accessory dwelling unit or unit in a multi-unit building, including an apartment, condominium, cooperative or timeshare or any portion of such dwelling. The term "short-term rental" does not include a premises that is used for a nonresidential purpose, including an educational, health care or other similar use, or a bed and breakfast inn or facility, motel or hotel as defined in the zoning ordinance.

Side Yard. See "Yard, Side".

Single-Family Dwelling, Attached (Townhouse). A dwelling which is joined to another dwelling at one or more sides by a party (i.e., shared) wall, which is designed for occupancy by one (1) family, and which is located on a separate lot delineated by front, side and rear lot lines.

Single-Family Dwelling, Detached. A dwelling designed and constructed as a free-standing structure for occupancy by one (1) family, and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.

Skilled Nursing Facility (also Termed Nursing Home, Convalescent Home or Long-Term Care Facility). A residence providing primarily in-patient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.

Small Engine Repair Shop. Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.

Solar energy system (SES) means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the City of Athens zoning code, SES refers only to (1) photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device or (2) solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. SES as used in the City of Athens zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity.

Solar energy system, integrated means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter.

Solar energy system, rooftop means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES.

Solar energy system, ground mounted means an SES that is structurally mounted to the ground and does not qualify as an integrated SES. For purposes of the City of Athens zoning code, any solar canopy that does not qualify as an Integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. For the purposes of the City of Athens zoning code, a small-scale ground mounted system is one (1) that has a footprint of less than or equal to one hundred (100) square feet and/or a power output rating less than or equal to two thousand (2,000) watts. A large-scale ground mounted system is one (1) that has a footprint greater than one hundred (100) square feet and/or a power output rating greater than two thousand (2,000) watts.

Stable, Commercial. A stable used for the rental of stall space or for the sale or rental of horses or mules.

Storage or Wholesale Warehouse. A building used primarily for the storage of goods and materials.

Story. That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story shall be defined as twelve (12) feet. The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories (i.e., height) of a building shall be measured from point representing the average slope from front to back (or side to side) of the building.

Story, Half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.

Street. Any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty (60) feet.

Street Intersection. Any street which joins another street at an angle, whether or not it crosses the other.

Street Yard. The area between the building front line and the front property (i.e., right-of-way) line.

Structural Alterations. Any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of "Building").

Studio, Health/Reducing/Fitness. Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.

Studio, Tattoo or Body Piercing. A building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Studio For Radio and Television. A building or portion of a building used as a place for radio or television broadcasting.

Swimming Instruction as a Home Occupation. The teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a Specific Use Provision which may specify operating conditions and standards and which may limit the number of students and operating times.

Swimming Pool, Commercial. A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.

Swimming Pool, Private. A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with the City of Athens Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Telemarketing Center. An establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.

Telephone and Exchange, Switching/Relay or Transmitting Station. A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.

Temporary. Used or lasting for only a limited period of time, not permanent.

Temporary Building. Any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

Temporary Field Office or Construction Yard or Office. A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one (1) year for a specific time and location as determined may be issued by the building official and shall be subject to review and renewal for reasonable cause.

Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. A prospective use, intended for limited duration, which may be located in a zoning district not permitting such a use by right, but does not constitute continuity of a nonconforming use or building. A temporary use may be approved up to one hundred twenty (120) days (maximum of two (2) permits per calendar year per location).

Tennis Court, Private. A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the Specific Use Provision.

Theater, Drive-In (Outdoor). An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater or Playhouse (Indoor). A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Tire Dealer, No Open Storage. A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

Tire Dealer, with Open Storage. A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.

Tool and Machinery Rental Shop. A building or a portion of a building used for the display and rental of tools, machinery and instruments.

Tract. A single individual parcel or lot.

Tractor Sales. See "Heavy Machinery Sales and Storage".

Trade and Commercial Schools. See "School, Commercial Trade".

Trailer Park or Court. See "Mobile Home Park".

Trailer, Hauling. A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer Home. See "Manufactured Housing, Mobile Home".

Trailer or Mobile Home Space. See "Mobile Home Space".

Trailer Rental. The display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.

Trailer, Travel or Camping. A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

Transportation and Utility Structures/Facilities. Permanent facilities and structures operated by companies engaged in providing transportation and utility services including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

Truck. A light or heavy load vehicle (see definitions for "Light Load Vehicle" and "Heavy Load Vehicle").

Truck and Bus Leasing. The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.

Truck and Bus Repair. An establishment providing major and minor automotive repair services to heavy load vehicles.

Truck Sales (Heavy Trucks). The display, sale or rental of new or used heavy load vehicles in operable condition.

Truck Stop. A facility for the parking, refueling and/or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.

Truck Terminal. An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.

Two-Family Dwelling (Duplex). Two (2) attached dwellings in one (1) structure, each designed to be occupied by one (1) family.

Usable Open Space. An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten (10) percent, shall have no dimension of less than ten (10) feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains.

Use. The purpose for which land or buildings are or may be occupied in a zoning district.

Utility Distribution/Transmission Lines. Facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited to, electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the City or private utility company.

Variance. An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Zoning Board of Adjustment of the City of Athens can grant a variance.

Veterinarian Clinic. An establishment where animals and pets are admitted for examination and medical treatment (also see "Kennels").

Wrecking Yard (Junkyard or Auto Salvage). Any lot upon which two (2) or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used. (See Illustration 8.)

Yard, Front. A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. (See Illustrations 6 and 8.)

Yard, Rear. The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See Illustration 8.)

Yard, Side. The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (See Illustration 8.)

Zero-Lot-Line Dwelling. See "Patio Home".

Zoning Board of Adjustment. A board which is appointed by the city council, and which is authorized to make special exceptions to the zoning ordinance (i.e., variances), and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. Also referred to as the "ZBA."

Zoning District. A classification applied to any certain land area within the City stipulating the limitations and requirements of land usage and development.

Zoning District Map. The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance. (See Section 3, "Zoning District Map" and Section 4, "Zoning District Boundaries".)

Zoo (Private). A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.

Zoo (Public). A publicly owned zoo or similar facility owned and operated by the City or a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.

(Ord. No. O-25-14, 12-8-14; Ord. No. O-10-16, 2-22-16; Ord. No. O-11-17, 2-27-17; Ord. No. O-19-17, 4-10-17; Ord. No. O-31-17, 8-14-17; Ord. No. O-18-18, § 1, 4-23-18; Ord. No. O-32-19, 3-25-19; Ord. No. O-32-19, 3-25-19; Ord. No. 2021-O-076, § 3, 6-28-21; Ord. No. 2021-O-141, § 2, 10-25-21; Ord. No. 2023-O-081, § 4, 8-28-23; Ord. No. 2024-O-047, § 3, 3-25-24; Ord. No. 2024-O-158, § 2, 10-14-24; Ord. No. 2025-O-062, § 1, 5-27-25; Ord. No. 2025-O-063, § 2, 5-27-25; Ord. No. 2025-O-064, § 2, 5-26-25)

This is a chart for general comparison purposes only and is incomplete. For complete requirements see the body of the zoning ordinance.

*See text of the zoning ordinance for additional or supplemental requirements for all zoning districts.

The following fees for the processing of zoning/development applications, per Chapter 23 Fees and Costs of Services.

(Ord. No. O-24-16, § I, 6-13-16; Ord. No. 2020-O-087, § 2, 9-28-20)