Words and terms not expressly defined in this section are to be construed according to the normally accepted meaning of such words or terms or, where no definition appears, according to their customary usage in the practice of municipal planning and engineering.

1.

Abandonment

To cease or discontinue a use or activity, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

2.

Abutting

Adjacent, adjoining and contiguous to. It may also mean having a lot line in common with a right-of-way or easement, or with a physical improvement such as a street, waterline, park, or open space.

3.

Access

A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase "pedestrian access easement").

4.

Accessory Building

A subordinate building incidental to the main structure.

5.

Accessory Use

A use that is clearly and customarily incidental and secondary to the Principal Use of land or building(s), and that is located upon the same lot, and that does not change the character thereof. The land/building area that is used for the accessory use is significantly less than that used for the primary use.

6.

Adult Day-Care Services

A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas Department of Human Services or its successor.

7.

Agricultural Use

Land where the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including, forages and sod crops, grains and seed crops, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses and ponies.

8.

Air Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

This industry comprises establishments primarily engaged in: (1) manufacturing air conditioning (except motor vehicle) and warm air furnace equipment; or (2) manufacturing commercial and industrial refrigeration and freezer equipment. Uses include air conditioning and warm air heating combination units manufacturing, humidifying equipment (except portable) manufacturing, air conditioning compressors (except motor vehicle) manufacturing, refrigerated counter and display cases manufacturing, air conditioning condensers and condensing units manufacturing, refrigerated drinking fountains manufacturing, dehumidifiers (except portable electric) manufacturing, snow making machinery manufacturing, heat pumps manufacturing and soda fountain cooling and dispensing equipment manufacturing.

9.

Aircraft Engine and Engine Parts Manufacturing

This industry comprises establishments primarily engaged in one or more of the following:

a.

Manufacturing aircraft engines and engine parts;

b.

Developing and making prototypes of aircraft engines and engine parts;

c.

Aircraft propulsion system conversion (i.e., major modifications to systems); and

d.

Aircraft propulsion systems overhaul and rebuilding (i.e., periodic restoration of aircraft propulsion system to original design specifications).

10.

Aircraft Parts and Auxiliary Equipment Manufacturing

This industry comprises establishments primarily engaged in: (1) manufacturing aircraft parts or auxiliary equipment (except engines and aircraft fluid power subassemblies); or (2) developing and making prototypes of aircraft parts and auxiliary equipment. Auxiliary equipment includes such items as crop dusting apparatus, armament racks, in-flight refueling equipment, and external fuel tanks.

11.

Airport or Airport Facility

A complex of runways and buildings for the takeoff, landing, and maintenance of aircrafts, with facilities for passengers.

12.

Alcoholic Beverages Sales for Off-Premises Consumption

Any sales of alcoholic beverages for off-premises consumption.

13.

Alcoholic Beverages Sales for On-Premises Consumption

Any sales of alcoholic beverages for on-premises consumption.

14.

Alley

A public Right-of-Way, not intended to provide the primary means of access to abutting lots, that is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

15.

All-Weather Surfaced Driveway

A gravel, asphalt or concrete driveway.

16.

Alternative Financial Establishment

A Check Cashing Business, Money Transfer Business, Payday Advance or Loan Business, Car (Auto) Title Loan Business, including freestanding and/or mobile establishments. An alternative financial establishment does not include state or federally-chartered banks, community development financial institutions, savings and loans, and credit unions.

17.

Ambulance Service

A privately-owned facility for the dispatch, storage and maintenance of emergency medical care vehicles.

18.

Amortization

Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be scheduled within a definite period of time to conform to the regulations of this Zoning Ordinance. See Section 90-7.11 Amortization of Nonconforming Uses.

19.

Amusement Center

A building or part of a building in which more than ten percent of the floor area or in which five or more amusement devices, or similar player-operated amusement devices are present and maintained.

19.3.

Amusement Center (≤ Three Devices)

A building or part of a building with a maximum of three amusement devices, or similar player-operated amusement devices are present.

19.4.

Amusement Center (≥ Four Devices, Maximum Eight Devices)

A building or part of a building which at least four, but no more than eight, amusement devices, or similar player-operated amusement devices are present.

20.

Amusement, Commercial (Indoors)

An amusement enterprise wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a climbing wall center, billiard parlor, recreation park and facility or Gun Club, Skeet or Target Range (Indoor).

21.

Amusement, Commercial (Outdoors)

An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course, commercial recreation park and facility, riding stables, race tracks, Rodeo Grounds or Gun Club, Skeet or Target Range (Outdoor).

22.

Amusement Device

Any electronic, electromechanical, or mechanical contrivance also commonly known as "Eight Liners" or "Sweepstake machines" or "video slot machines" that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, sweepstake machine, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game awards credits, free games, or any form of consideration or representation of value redeemable for items that have a wholesale value of more than ten times the amount charged to play the game or device or $5.00, whichever is less. Amusement Device does not include music or musical devices, machines designed exclusively for children's rides, devices designed to train persons in athletic skills, such as golf, tennis, baseball, archery or similar sports, or any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once or $5.00, whichever is less.

23.

Antenna Support Structures

a.

Monopole antenna structure: A self-supporting pole type structure with no guy wire support, tapering from base to top and so designed to support fixtures that hold one or more antennas and related equipment for wireless telecommunication transmission.

b.

Lattice antenna structure: A steel lattice, self-supporting structure with no guy wire support, so designed to support fixtures that hold one or more antennas and related equipment for wireless communication transmission.

c.

Guyed lattice antenna structure: A steel lattice, guy wire supported structure, so designed to support fixtures that hold one or more antennas and related equipment for wireless communication transmission.

24.

Antique Shop

An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishing and decorations that have value and significance as a result of age, design and sentiment.

25.

Apartment

A room or suite of rooms in a multi-family residence arranged, designed, or occupied as a place of residence by a single-family, individual, or group of individuals.

26.

Appliance Rental

Generally, a store where household appliances are sold, rented, or leased.

27.

Applicant

The person or entity responsible for the submission of an Application. The Applicant must be the actual owner of the property for which an Application is submitted, or shall be a duly authorized representative of the property owner. Also see Developer.

28.

Application

The package of materials, including but not limited to an Application Form, Plat, completed checklist, tax certificate, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate City review and approval of a development project.

29.

Application Form

The written form (as provided by and as may be amended by the Planning Director) that is filled out and executed by the Applicant and submitted to the City along with other required materials as a part of an Application.

30.

Approval

a.

Approval constitutes a determination by the official, board, commission or City Council responsible for such determination that the Application is in compliance with the minimum provisions of this Zoning Ordinance.

b.

Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.

31.

Armed Services Recruiting Center

An office space occupied by a U.S. Army, Navy, Air Force, Marine, Coast Guard, or Merchant Marine recruiting center where phone calls are made, letters are written and mailed, and possible recruits are interviewed and enlisted in one of the service branches.

32.

Art Gallery or Museum

An institution for the collection, display, or distribution of objects of art, and that is sponsored by a public or quasi-public agency, and is open to the general public.

33.

Art Supply Store

An establishment within a building offering for sale articles such as painting supplies, picture framing, brushes, artist easels, canvas, or similar supplies for various art forms.

34.

Arterial

a.

A street (also referred to as a thoroughfare) designated within the Comprehensive Plan.

b.

A principal traffic way more or less continuous across the City or areas adjacent thereto, intended primarily to provide for the movement of through traffic, and that shall act as a principal connecting street with highways as indicated in the Comprehensive Plan.

35.

Articulation

The visual variation to both the height and depth dimensions of a building through the use of materials, colors, fenestration and details.

36.

Artisan's Workshop

An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items.

37.

Assisted Living/Nursing Home

A facility operated by a business or non-profit organization where ill or elderly people are provided with lodging and meals, with or without nursing care.

38.

Automobile Body Shop

A facility that provides collision repair services, including body frame straightening, replacement of damaged parts, and painting.

39.

Automobile or Other Motorized Vehicle Sales and Service

A business providing sales, display and service of new and used motorized vehicles, including motorcycles, RVs, and boats - not including semi-truck or heavy truck sales.

40.

Automobile Parts Store (New Only)

Stores selling new automobile parts, tires, and accessories.

41.

Automobile Rental

Storing or renting of automobiles and light trucks.

42.

Automobile Service Garage (Major)

A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting, where all work is conducted inside the building.

43.

Automobile Service Garage (Minor)

A facility for routine automobile services or minor repairs, such as tire services, quick-lubes, batteries, with all work being conducted inside the building and within the same day.

44.

Bail Bond Services

A bail bond service or bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court.

45.

Bakery (Retail Sales Only)

A place for preparing, cooking, baking, and selling of baked goods, such as pastry items and donuts on the premises.

46.

Ballroom Dancing

An establishment open to the general public for dancing on events.

47.

Bank or Financial Institution

An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This includes business activities listed under SIC Codes 60 and 61, but excludes pawnshops, check cashing businesses, payday advance/loan businesses, money transfer businesses and car title loan businesses.

48.

Banquet Hall

A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged.

49.

Bar

An establishment, not a restaurant, the principal activity of which is the sale and consumption on the premises of liquor, wine, beer, or any other alcoholic beverages, whether served with or without food and other refreshment.

50.

Bed and Breakfast Inn

An owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities or similar services.

51.

Beverage (Package) Store

An establishment principally for the retail sale of sealed containers of alcoholic beverages for consumption off-premises. For this definition, alcoholic beverage as defined by the Texas Alcoholic Beverage Code means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

52.

Bicycle Sales and Service

A facility where bicycles are assembled and sold, or repaired and serviced.

53.

Block

A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad Right-of-Way, highway, stream, or corporate boundary lines.

54.

Board

See Board of Adjustment.

55.

Board of Adjustment

The City's Board of Adjustment, which is established in Development Review Bodies.

56.

Boarding or Rooming House

A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons.

57.

Book Store

A retail establishment that, as its primary business, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other printed or electronically conveyed information or media.

58.

Bookbinding

An establishment that practices the art or trade of binding books, but not to include the retail sale of books.

59.

Bottling Works

An establishment that engages in the business of placing liquids (soft drinks, milk, juices, etc.) in bottles made of glass or plastic.

60.

Bowling Alley

An establishment that devotes more than 50 percent of its gross Floor Area to bowling lanes, equipment, and playing area. A bowling alley is wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.

61.

Brewery

An industrial use that brews ales, beers, meads, and/or similar beverages on site. Breweries are classified as a use that manufactures more than 2,000 barrels of beverage annually (all beverages combined).

62.

Building

Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.

63.

Building Height

The vertical distance from Grade Plan to the average height of the highest roof surface.

64.

Building Official

The Building Official of the City or his or her designee.

65.

Building or Other Independent Support Structure

Buildings or other structures such as water towers, church steeples, utility poles and other creative locations.

66.

Building Permit

A permit issued by the City before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the City Code.

67.

Building Setback Line

The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street Right-of-Way/property line.

68.

Business

Retail, commercial and manufacturing uses and districts as defined in the Zoning Ordinance.

69.

Cabinet Shop

A wood shop that does layouts, cutting, fitting, and assembly of residential and commercial cabinets.

70.

Car (Auto) Title Loan Business

An establishment including freestanding and/or mobile that makes small, short-term consumer loans that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application, and where failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle. This excludes state or federally-chartered banks, savings and loan associations, or credit unions engaged primarily in the business of making longer term loans and which make loans that leverage the total equity value of a car or vehicle as collateral.

71.

Car Wash, Full-Service

A facility where a customer can have a motorcycle, automobile, and light load vehicle washed in exchange for financial consideration.

72.

Car Wash, Self-Service

A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

73.

Carnival, Circus or Tent Service (Temporary)

Outdoor or indoor commercial amusement provided on a temporary basis.

74.

Carpentry Shop

A shop involving woodworking and the assembly of wood products.

75.

Carport

A roofed structure used for vehicle storage that is not permanently enclosed on at least three sides and which is constructed over a parking space accessible by a driveway to a public street or alley.

76.

Catering Service

A service providing meals or refreshments for public or private entertainment for a fee.

77.

Cement or Hydrated Lime Plant

A plant that manufactures cement or hydrated lime for use in the construction industry, for the making of concrete, mortar or plaster.

78.

Cemetery or Mausoleum

Property used for the interring of the dead.

79.

Cement Storage

A facility for unpackaged storage of raw cement, a binding substance used in concrete, mortar, and other construction applications.

80.

Ceramic and Pottery Manufacturer

Manufacturing site for ceramic and pottery goods, including dust, odor, and fume control.

81.

Certificate of Occupancy and Compliance

An official certificate issued by the City through the Building Official (in conjunction with a Building Permit) that indicates conformance with the City's rules and regulations and that authorizes legal use of the premises.

82.

Check Cashing Business

An establishment that provides to the customer an amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time, the business of cashing checks, warrants, drafts, money orders or other commercial paper serving the same purpose for compensation by any person or entity other than a retail seller engaged primarily in the business of selling consumer goods, including consumables to retail buyers, that cashes checks or money orders or issues money orders or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business. This definition excludes a state or federal-chartered bank, savings and loan association, credit union, pawnshop, grocery store or gas station so long as the gas station does not conduct more than 100 such transactions within any calendar month.

83.

Child-Care Facility (Children's Home)

A business for the care of children at a location other than a caretaker's residence for more than 24 hours a day. See V.T.C.A., Human Resources Code Ch. 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

84.

Child Care Facility (Daycare)

A business for the care of children at a location other than a caretaker's residence for less than 24 hours a day. See V.T.C.A., Human Resources Code Ch. 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

85.

Child Care Home (≤6 Children)

Regular care occurring in the caretaker's own residence for seven children, excluding children who are related to the caretaker but in no case exceeding 12 children at any given time. See V.T.C.A., Human Resources Code Ch. 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

86.

Child-Care Home (≥7 Children)

Regular care occurring in the caretaker's own residence for more than six children, excluding children who are related to the caretaker. See V.T.C.A., Human Resources Code Ch. 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

87.

Cigar Lounge

A business that sells a variety of cigars. It may also sell other tobacco accessories such as lighters, cigar boxes and containers, as well as cigar cutters and punches. In addition, this business may contain a lounge where persons can go to smoke cigars.

88.

City

The City of Balch Springs, Texas, together with all its governing and operating bodies.

89.

City Attorney

The City Attorney of the City.

90.

City Council

The City Council of the City.

91.

City Manager

The City Manager of the City.

92.

City Secretary

The person(s) so designated by the City to provide clerical and official services for the City Council. This term shall also include any designee of the City Secretary.

93.

Civic/Convention Center

A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes.

94.

Clothing or Similar Light Manufacturing

A business that buys bolts of cloth or fabric, cuts from patterns and sews into finished shirts, pants, dresses, and other pieces of clothing.

95.

Collector [Street]

A street that is continuous through several residential districts and is intended as a connecting street between residential districts and nonresidential districts, highways or business districts, and that may serve both through-traffic and local access functions.

96.

College or University

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

97.

Commission

See Planning and Zoning Commission.

98.

Community Center

A building dedicated to social or recreational activities, serving the City or neighborhood and owned and operated by the City, or by a non-profit organization dedicated to promoting the health, safety and general welfare of the City.

99.

Commercial Motor Vehicle Parking

A facility for the temporary, daily, or overnight parking of commercial motor vehicles for a truck stop, and/or motor vehicles with two or more rear axles such as trucks, truck-tractors, and similar vehicles, for no charge or for a fee, regardless of whether that fee is charged independently of any other use on the lot, if the parking is not accessory to a main use on the lot.

100.

Commercial Parking Lot or Garage

A vehicle parking facility that is operated as a business enterprise by charging a fee for parking.

101.

Commercial Vehicle

A vehicle used in commerce: a road vehicle designed to transport goods or passengers.

102.

Comprehensive Plan

a.

The plan, including all revisions thereto, adopted by the City Council as the official policy regarding the guidance and coordination of the development of land in the City.

b.

The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, utilities, parks, and other public and private developments and improvements.

c.

The plan may consist of but is not limited to the following plan elements: Parks, Livability, Economic Development, Future Land Use Plan, and Transportation.

103.

Computer and Peripheral Equipment Manufacturing

This industry includes establishments primarily engaged in manufacturing or assembling electronic computers, such as mainframes, personal computers, workstations, laptops, and computer servers, and computer peripheral equipment, such as storage devices, printers, monitors, input/output devices and terminals.

104.

Concrete Block and Brick Manufacturing

This industry includes establishments primarily engaged in manufacturing concrete block and brick.

105.

Concrete or Asphalt Batching Plant, Permanent

A permanent manufacturing facility for the production of concrete or asphalt.

106.

Concrete or Asphalt Batching Plant, Temporary

A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

107.

Concrete Pipe Manufacturing

This industry includes establishments primarily engaged in manufacturing concrete pipe and other concrete products, excluding concrete block and brick.

108.

Consignment Store

A store that receives merchandise on consignment from individuals and places for resale.

109.

Construction Machinery Manufacturing

This industry comprises establishments primarily engaged in manufacturing construction machinery, surface mining machinery, and logging equipment such as backhoes manufacturing, pile-driving equipment manufacturing, bulldozers manufacturing, portable crushing, pulverizing, and screening machinery manufacturing, construction and surface mining-type rock drill bits manufacturing, powered post hole diggers manufacturing, construction-type tractors and attachments manufacturing, road graders manufacturing, off-highway trucks manufacturing, surface mining machinery manufacturing.

110.

Construction Plans

A set of drawings, including paving, water, wastewater, drainage, or other required plans, submitted to the City for review in conjunction with a subdivision or a development.

111.

Contractor's Shop or Storage Yard

A building, part of a building, or land area for the construction or outdoor or indoor storage of materials, tools, products, and vehicle fleets.

112.

Convenience Store

A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline. For purposes of this definition, convenience goods mean food, beverage, household, personal care and pharmaceutical items. A gasoline pump is not considered a drive-in or drive-through service. If use has drive-in or drive-through services and has less than 10,000 square feet of floor area, the use shall be classified as a convenience store with drive-through.

113.

Convenience Store with Drive-Through

A business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, that has drive-in or drive-through service and has less than 10,000 square feet of floor area. For purposes of this definition, convenience goods mean food, beverage, household, personal care and pharmaceutical items. A gasoline pump is not considered a drive-in or drive-through service.

114.

Copy Shop or Printing Shop

An establishment that reproduces, in printed form, individual orders from a business, profession, service, industry, or government organization.

115.

Council

See City Council.

116.

Country Club

An area containing a golf course and club house that may include as adjunct facilities a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.

117.

County

Dallas County.

118.

Courtyard

An open unoccupied space other than a yard, on the same lot with a building that is bounded on three or more sides by the building.

119.

Crosswalk Way

A public Right-of-Way, four feet or more in width, between property lines that provides pedestrian circulation.

120.

Cul-de-sac

A short, residential street having only one vehicular access point to another street, and terminating by a vehicular turnaround.

121.

Dance Hall or Night Club

An establishment offering to the general public facilities for dancing and entertainment.

122.

Dance, Music, or Drama Studio

Studio for performing arts education or similar activities.

123.

Department Stores, Retail Sales Only

A general merchandising store offering a full line of goods and having 50,000 square feet or more of floor space.

124.

Design Transfer Manufacturing and Wholesale Shops

An establishment whose business involves the placing and/or transferring of photographs, logos, or other designs onto articles of clothing, backpacks or other articles. This use applies to the manufacture of articles for wholesale purposes, only, and may include embroidery of names, logos or other text. This use generally includes catalog sales. Retail sales with display areas are permitted as a secondary use. This use typically involves the preparation of custom artwork, and is for the mass production of articles. Although silk screening is typically employed for this use, heat transfer, Direct-To-Garment (DTG) and/or similar equipment are also acceptable.

125.

Developer

a.

A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, development, or improvement of land and other activities covered by this Zoning Ordinance.

b.

The word Developer is intended to include the terms Subdivider, property owner, and, when submitting platting documents, Applicant.

126.

Development

Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage, utilities, storage, and agricultural activities.

127.

Distribution Center

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

128.

Donation or Recycling Collection Point

An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations and recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in a public/quasi-public area such as in a church and school.

129.

Drapery or Furniture Upholstering Shop

An establishment for the production, display and sale of draperies and soft coverings for furniture.

130.

Drive-Up

A window at a store or restaurant where one can be served without needing to leave the vehicle.

131.

Dwelling Unit

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

132.

Dwelling, Multi-Family

Any building, or portion thereof, that is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or that is occupied as a home or place of residence by three or more families living in independent and separate housekeeping units.

133.

Dwelling, Single-Family (Attached - Duplex)

A building designed for occupancy for two families living independently of each other. A two-family attached unit (also known as a duplex) has a lot line dividing the building and separating the building's two dwellings units onto two separate lots.

134.

Dwelling, Single-Family (Attached - Townhouse)

A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.

135.

Dwelling, Single-Family (Detached)

A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

136.

Easement

A grant by a property owner of the use of land by the public, a corporation, entity, or persons for specific purposes.

137.

Easement, Common Access

An easement created for the purpose of providing vehicular or pedestrian access to a property.

138.

Educational Services Office

A business involved in providing educational training or tutoring in an office environment.

139.

Effective Date

The date this Zoning Ordinance, or a subsequent amendment thereto, shall become effective.

140.

Electric Vehicle (EV)

An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current.

141.

Electric Vehicle Charging Stations (EVCS)

Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

142.

Electrical Energy Generating Plant

A facility or structure where electrical (high voltage) energy is generated.

143.

Electrical Equipment Manufacturing

This industry comprises establishments primarily engaged in manufacturing power, distribution, and specialty transformers, electric motors, generators, and motor generator sets, switchgear and switchboard apparatus, relays, and industrial controls.

144.

Electrical Power Substations

A part of the electrical distribution system with the primary function to transform electrical voltage, and includes transformer stations and switching stations.

145.

Electronic Cigarette Establishment

A business establishment or vapor lounge that is dedicated, in whole or primarily, to the sale and/or on-premises use of E-cigarettes.

146.

Engine, Turbine, and Power Transmission Equipment Manufacturing

This industry comprises establishments primarily engaged in manufacturing turbines, power transmission equipment, and internal combustion engines (except automotive gasoline and aircraft).

147.

Engineer

Per V.T.C.A., Occupations Code § 1001.002, as may be amended, "Engineer" means a person licensed to engage in the practice of engineering in the State of Texas.

148.

Engineering Plans

See Construction Plans.

149.

Equestrian Center

An improved area, lighted and generally fenced, of at least 30 feet in width or length within which equestrian activities involving horse riding or driving occurs. Also includes boarding stables.

150.

Equipment Rental (Heavy)

An establishment that rents large equipment and machinery such as compressors, backhoes, front-end loaders, roller compactors, generators, tree coppers, trailers, bulldozers, trenching machines, sky lifts, tractors, and dump trucks. This equipment can be self-propelled or because of its size must be hauled or towed. The equipment is generally stored outside. This use may involve the starting and running of machinery.

151.

Equipment Repair Shop

Business providing basic repair services for mechanical equipment.

152.

ETJ

See Extraterritorial Jurisdiction (ETJ).

153.

Exterminating Company

A business providing services for the extermination of rodents and insects.

154.

Extraterritorial Jurisdiction (ETJ)

The unincorporated area, not a part of any other municipality, that is contiguous to the corporate limits of the City, the outer limits of which are measured from the extremities of the corporate limits of the City outward up to the distance stipulated in V.T.C.A., Local Government Code Ch. 42, as may be amended, according to the population of the City, and in which area the City may apply its Subdivision Regulations and other ordinances and regulations specifically provided by State law to be applied within the Extraterritorial Jurisdiction (ETJ).

155.

Family

A person living alone, or one of the following groups of people living as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

a.

Any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship;

b.

Four unrelated people; or

c.

Two unrelated people and any children (including adopted children) related to either of them.

156.

Farm for Growing Plants

An area with a minimum size of ten acres that is used for the growing of the usual farm products such as vegetables, fruits, and grain and their storage in the area.

157.

Farmer's Market

An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

158.

Fee Schedule

A separate document listing fees for various City Applications, prepared by the City Manager or designee and approved by City Council and which may be amended periodically.

159.

Feed Store

An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

160.

Flea Market

An outdoor retail market that sells secondhand goods.

161.

Floodplain

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 Flood Insurance Rate Map (FIRM) of the City.

162.

Floor Area

The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

163.

Florist

Retail business whose principal activity is the selling of plants that are not grown on the site and whose business is conducted within an enclosed building.

164.

Food Processing Plant

A building or plant that uses special processes, treatments or blending of foods to achieve a specified result. Not a distribution center.

165.

Front Façade

A façade directly visible from any public street or main circulation drive and the façade used as the primary entrance to the building.

166.

Frontage

All the property abutting on one side of the street, or between two intersecting streets, measured along the street line.

167.

Funeral Home or Mortuary

Establishment engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals.

168.

Furniture Repair and Upholstering Shop

A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair.

169.

Garage, Private (Attached)

A garage that has one or more walls common with the principal building on a lot or that is attached to the principal building by an enclosed porch, or passage way, the roof of which is part of an extension of the roof of the principal building and for the purpose of the height and area regulations of this Zoning Ordinance such a garage is to be considered a part of the principal building.

170.

Garage, Private (Detached)

A garage existing separate and apart from the main building, but situated on the same lot, tract or parcel of land with the main building.

171.

Garage, Storage

A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided, except facilities for washing.

172.

Gasoline or Diesel Passenger Vehicle Filling or Service Station

Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of passenger motor vehicles, including any associated convenience store or service station.

173.

Gasoline or Diesel Passenger Vehicle Self-Service Pumps Only

Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of passenger motor vehicles. This use addresses the presence of self-service pumps only and does not include any related buildings, such as an associated convenience store or service station.

174.

Gasoline or Diesel Truck Filling or Service Station

Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of commercial motor vehicles, such as semi-trailer truck, including any associated convenience store or service station.

175.

Gasoline or Diesel Truck Filling or Service Station with Overnight Parking

A Gasoline or Diesel Truck Filling or Service Station with accommodation for sleeping, showering, overnight parking.

176.

Golf Course

A private or public tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses.

177.

Grade

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, such term means the average of the elevation of the sidewalks at the center of all walls adjoining the street; for buildings having no wall adjoining the street, such term means the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk has been constructed, the city engineer shall establish such sidewalk level or its equivalent for the purpose of this chapter.

178.

Grade Plan

A reference plane representing the average of finished ground level adjoining the building at exterior walls.

179.

Grocery Store

A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

180.

Gross Floor Area

For an apartment house, the measurement of the outside dimensions of the apartment building at each floor level, excluding, however, the floor area of basements or attics not used for residential purposes.

181.

Group Homes (≤4 Persons)

A residential home with not more than four persons with disabilities where care is provided to disabled individuals.

182.

Group Homes (>5 Persons)

A residential home with five or more persons with disabilities where care is provided to disabled individuals.

183.

Guest House/Servants' Quarters

Living quarters operated as an incidental/accessory use that is either attached or detached from the principal residence and used without renting or leasing as a residence by either guests or persons employed to provide domestic services to the occupants of the principal residence.

184.

Gun Club, Skeet or Target Range (Indoor)

The use of a structure for archery or the discharging of firearms indoors for the purpose of target practice or competition.

185.

Gun Club, Skeet or Target Range (Outdoor)

The use of land for archery or the discharging of firearms outdoors for the purpose of target practice or competition.

186.

Gym or Health/Fitness Center

A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

187.

Gymnastic Studio

A building or portion of a building used as a place of work for a gymnast or for instructional classes in gymnastics.

188.

Halfway House

A facility for the housing, rehabilitation and training of persons on probation, parole or early release from correctional institutions, or other persons found guilty of criminal offense.

189.

Handcraft Shop

A shop where handcrafted art objects are made and displayed for sale.

190.

Heavy Load Vehicle

A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, 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.

191.

Height (Building)

See Building Height.

192.

Heliport or Helistop

An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

193.

Hobby Shop

A retail shop that sells materials and supplies to persons for the making of arts and crafts, including models.

194.

Home-Based Business

A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and possess the following characteristics:

a.

The activity employs only members of the immediate family of the resident of the dwelling unit;

b.

There is no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business; and

c.

Said home occupation does not have a separate entrance for the business and does not include appointed visits by the general public.

195.

Homeowners' or Property Owners' Association

A formal nonprofit organization operating under recorded land agreements through which:

a.

Each owner of property in a specific area is automatically a member; and

b.

Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and

c.

The charge if unpaid, becomes a lien against the nonpaying member's property.

196.

Hospital, Acute Care

An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and that is licensed by the State of Texas.

197.

Hospital, Chronic Care

An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and that is licensed by the State of Texas.

198.

Hotel

A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Hotel room units are assessed through doorways into an internal hallway, courtyard or lobby. Financial consideration for hotel room units is generally calculated on a nightly basis.

199.

Hotel, Resident Extended Stay

A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Residence hotel room units are designed to be suitable for long-term occupancy with financial consideration being calculated on a nightly, weekly, and/or monthly basis. A residence hotel attributes include, but are not limited to, kitchen facilities, two-story design, 75 room units and external doorways into the room units. This facility shall provide at least five amenities from the list below:

a.

Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet;

b.

Spa/sauna;

c.

Weight room/fitness center;

d.

Playground;

e.

Sports court;

f.

Plaza/atrium;

g.

Game room;

h.

Jogging trail;

i.

Conference room (1,000 square foot minimum);

j.

Full-service restaurant (minimum seating capacity of 35).

200.

Hydro-Fueling Dispenser Station

A hydrogen station is a storage or filling station for hydrogen, usually located along a road or hydrogen highway, or at home as part of the distributed generation resources concept. The stations are usually intended to power hydrogen vehicles, but can also be used to power small devices. Vehicles use hydrogen as fuel in one of several ways, including fuel cells and mixed fuels like HCNG. The hydrogen fuel dispensers dispense the fuel by the kilogram.

201.

Improvement

Any man-made fixed item that becomes part of or placed upon real property. See also Public Improvement.

202.

Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing

This industry comprises establishments primarily engaged in manufacturing industrial trucks, tractors, trailers, and stackers (i.e., truck-type) such as forklifts, pallet loaders, and unloaders.

203.

Industrialized (Commercial) Building

Per V.T.C.A., Occupations Code § 1202.003, as may be amended:

a.

An industrialized building is a commercial structure that is:

i.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site; and

ii.

Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed.

b.

An industrialized building includes the structure's plumbing, heating, air conditioning, and electrical systems.

c.

An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site but does not include:

i.

A commercial structure that exceeds three stories or 49 feet in height; or

ii.

A commercial building or structure that is:

1.

Installed in a manner other than on a permanent foundation; and

2.

Either:

a.

Not open to the public; or

b.

Less than 1,500 square feet in total area and used other than as a school or a place of religious worship.

204.

Industrialized Housing

Per V.T.C.A., Occupations Code § 1202.002, as may be amended:

a.

Industrialized housing is a residential structure that is:

i.

Designed for the occupancy of one or more families;

ii.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and

iii.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

b.

Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

c.

Industrialized housing does not include:

i.

A residential structure that exceeds three stories or 49 feet in height;

ii.

Housing constructed of a sectional or panelized system that does not use a modular component; or

iii.

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

d.

See Subsection 90-3.04.A.15 for Industrialized Housing regulations.

205.

Infrastructure

All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the City.

206.

Interstate

A roadway that is a part of the central highway system and goes across several states.

207.

Institution for the Care of Alcoholic, Psychiatric or Narcotic Patients

An institution offering resident treatment to alcoholic, psychiatric or narcotic patients.

208.

Jewelry Manufacturing or Assembly

A facility for manufacturing or assembling jewelry.

209.

Kennel

Any lot or premises on which three or more dogs, cats, or other domestic animals at least four months of age, are housed or accepted for boarding, trimming, grooming, bathing or similar treatment for which payment is received.

210.

Kindergarten

A school or class of young children four to six years old that develops basic skills and social behavior by games, handicraft, and other means.

211.

Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing

This industry comprises establishments primarily engaged in laminating plastics profile shapes such as plate, sheet and rod. The lamination process generally involves bonding or impregnating profiles with plastics resins and compressing them under heat.

212.

Landfill

A tract of land used for the burial of farm, residential, institutional, industrial or commercial waste that is not hazardous, medical, or radioactive.

213.

Large Tree (Shade)

See Table 6: Approved Plant Material List.

214.

Laundry, Commercial

An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

215.

Laundry, Dry Cleaning Drop-Off/Pick-Up

Fabrics, clothes, and linens cleaning shop or drop-off/pick-up station not exceeding 6,000 square feet of Floor Area.

216.

Laundry, Self-Service

A laundromat facility not exceeding 2,500 square feet in Floor Area where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

217.

Leather Product and Saddle Manufacturing

A facility that uses animal hides to produce products for sale, including saddles.

218.

Library

A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.

219.

(Light) Assembly and Manufacturing Processes

a.

The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing.

b.

Light fabrication, assembly, manufacturing, and packaging processes do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.

220.

Light Load Vehicle

A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

221.

Liquor (Adult/Alcoholic Beverage) Store

An establishment with a floor area of no less than 3,000 square feet or 2,500 square feet for existing buildings or remodels seeking conversion principally for the retail sale of sealed containers of liquor beverages for consumption off-premises. For this definition, liquor as defined by the Texas Alcoholic Beverage Code means any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero, or barreteago is prima facie evidence that it is liquor.

222.

Living Screen

See Table 6: Approved Plant Material List.

223.

Local Street

A Local Street is a street used primarily for access to the abutting properties.

224.

Lot

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

225.

Lot Lines

Means the lines bounding a lot as defined in this section.

226.

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, or a parcel of land, the deed for which has been recorded in the office of the county clerk prior to adoption of the Zoning Ordinance.

227.

Locksmith/Security System Company

Establishments primarily engaged in providing, installing, repairing, or monitoring locks and electronic security systems.

228.

Manufacturing or Industrial Operations

An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted/raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line.

229.

Meat Market

A building where live animals are killed and sold after packing and processing.

230.

Medical Clinic

A group of offices for one or more physicians, surgeons, chiropractors or dentists, engaged in treating the sick or injured, but not including rooms for the abiding of patients.

231.

Minimum Improved Parking Surface

Base asphalt or macadam having a minimum depth of two inches with a four-inch stabilized base; or reinforced concrete having a minimum depth of four inches.

232.

Mobile Food Unit Park ("MFU-Park")

A mobile food unit park ("MFU-Park"), is a fixed commercial location and permanent development designed to accommodate three or more mobile food units ("MFUs") offering food and/or beverages for sale to the public as the primary use of land.

233.

Mobile Home Parks, Trailer Parks, Trailer Courts, Trailer Subdivisions

An area designated, arranged or used for the location of mobile homes that are intended for occupancy as living quarters by individuals or families. RV Parks are not included in this definition.

234.

Model Home

A single-family 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 that have been built or which are proposed to be built in the same subdivision.

235.

Modular Home

See Industrialized Housing.

236.

Money Transfer Business

An establishment, other than a bank or financial institution, that engages in or facilitates the transmission of funds to or from a location outside the United States and its territories for a fee.

237.

Motel

A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Each motel room unit has direct access to the outside. Financial consideration for motel room units is generally calculated on a nightly basis.

238.

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.

239.

Motor Vehicle Electrical and Electronic Equipment Manufacturing

This industry comprises establishments primarily engaged in manufacturing and rebuilding electrical and electronic equipment for motor vehicles and internal combustion engines. This would include alternators and generators, ignition wiring harness, coils and ignition, instrument control panels, distributors' spark plugs, electrical ignition cable sets, windshield washer pumps and generators.

240.

Motor Vehicle Parts Manufacturing

An industry engaged in manufacturing motor vehicle engines and gasoline motor vehicle engine parts such as carburetors, pistons, piston rings and valves. Also includes the manufacture of motor vehicle steering mechanisms and suspension, brake systems, transmissions and power train parts, air conditioning systems and compressors, as well as vehicle stampings such as fenders, tops, trim and molding.

241.

Movie Theatre

A specialized theater for showing movies or motion pictures.

242.

Movie Theatre, Drive-In

A drive-in theater or drive-in cinema structure consisting of a large outdoor movie screen, a projection booth, a concession stand and a large parking area for automobiles. Within this enclosed area, customers can view movies from the privacy and comfort of their cars.

243.

Newspaper Printing

A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including, but not limited to, offset printing, lithography, web offset, flexographic, and screen process printing.

244.

Nonconforming Lot

A lot that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception.

245.

Nonconforming Structure

A structure that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception.

246.

Nonconforming Use

A use of land that does not meet the current requirements of this Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception.

247.

Nonconformities

The term Nonconformities is a general term used to refer to Nonconforming Uses, Nonconforming Structures, and Nonconforming Lots.

248.

Nonresidential Use

Any use other than a residential use.

249.

Nonresidential Zoning Districts

The term "Nonresidential Zoning Districts" means a zoning district as listed a nonresidential zoning district within Table 1: Zoning Districts.

250.

Nursery, Major

An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees and other materials used in indoor or outdoor plantings, and the contracting for installation or maintenance of landscape material as an accessory use. Outdoor display and storage is included.

251.

Nursery, Retail Sales Only

A retail business for the display and sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.

252.

Office, Professional, Medical, or Business

A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

253.

Open Space

Area included in any side, rear or front yard, or any unoccupied space on the lot that is open and unobstructed to the sky, except for the ordinary projection of cornices, eaves or porches.

254.

Open Storage

See Outside Storage.

255.

Outdoor Storage

See Outside Storage.

256.

Outside Display

The temporary outside display of finished goods. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., Outside Storage) of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing. For information regarding Outside Display regulations, see the Use Chart and Subsection 90-3.04.A.19.

257.

Outside Storage

The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than 24 hours. For information regarding Outside Storage regulations, see the Use Chart and Subsection 90-3.04.A.20.

258.

Pallet Businesses and Yards

Businesses involved in the construction, repair, sale (retail or wholesale), or storage of wooden pallets.

259.

Palm Reader/Card Reader

An individual who works out of a small shop and customers are invited to sit with the reader and supposedly reveal future events by "reading" the customer's palm or through the reading and interpretation of Tarot Cards.

260.

Park, Playground, or Community Center, Public

An open recreational facility or park owned and operated by a public agency such as the City or the school district, and available to the general public.

261.

Parking Area

An open area or place, other than a street or alley, used for temporary parking of more than four self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

262.

Parking Space

An area of not less than 162 square feet (measuring approximately nine feet by 18 feet), not on a public street or alley, surfaced with an all-weather surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. Such term in any dwelling, duplex or apartment district shall not include the parking of trucks or buses for commercial purposes or head-in parking adjacent to a public thoroughfare wherein the maneuvering is done on a public street, and shall not be classified as off-street parking in computing the parking requirements for any use.

263.

Parking Structure

a.

A structure devoted to the parking or storage of automobiles.

b.

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.

264.

Parkway

Within the Right-of-Way, the area between the property line and the nearest curb or edge of the roadway (if no curb exists.) See Figure 21: Example of a Parkway for visual depiction of a parkway.

Figure 21: Example of a Parkway

265.

Pawn Shop

An establishment that lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or, that deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

266.

Payday Advance or Loan Business

An establishment including freestanding and/or mobile that makes small consumer loans, usually backed by postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term or until an applicant's next payday, and then cashed unless the customer repays the loan to reclaim such person's check.

267.

PD Concept Design Map

a.

A map depicting the development plan for the area of a PD, Planned Development District. A PD Concept Design Map combined with a PD Design Statement forms a Planned Development Master Plan.

b.

See Subsection 90-7.09.C.2.c, PD Concept Design Map for additional information.

268.

PD Design Statement

a.

A design statement describing the intent of a PD, Planned Development District zoning districts. A PD Design Statement combined with a PD Concept Design Map forms a Planned Development Master Plan.

b.

See Subsection 90-7.09.C.2.b, PD Design Statement for additional information.

269.

Penal and Correctional Institutions

Publicly or privately operated facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail, prison, and halfway house.

270.

Personal Service Shop

Establishments primarily engaged in providing services generally involving the care of the person or apparel including, but not limited to, barber and beauty shops, nail shops and massage shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress, and health clubs.

271.

Pet Store

A retail sales establishment primarily involved in the sale of pet supplies or the sale or adoption of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep and poultry.

272.

Petroleum Storage and Collection Facilities

An outdoor area where storage of petroleum is allowed (tank farm).

273.

Pharmaceutical and Medicine Manufacturing

This industry comprises establishments primarily engaged in one or more of the following: (1) manufacturing biological and medicinal products; (2) processing (i.e., grading, grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from botanical drugs and herbs; and (4) manufacturing pharmaceutical products intended for internal and external consumption in such forms as ampoules, tablets, capsules, vials, ointments, powders, solutions, and suspensions.

274.

Pharmacy

A shop or a store wherein prescription medicines may be obtained during all operating hours wherein primarily medicine and medical supplies are offered for sale.

275.

Photographer's or Artist's Studio/Film Processing

Work space for one or more photographers, artists or artisans, including the accessory sale of art produced on the premises.

276.

Planned Development Master Plan

The Planned Development Master Plan (which is submitted with the application for rezoning) consists of a PD Design Statement (definition #265) and a PD Concept Design Map (definition #264). See 90-7.09, PD Application and Review.

277.

Planning and Zoning Commission

The Planning and Zoning Commission of the City.

278.

Planning Director

The person(s) so designated by the City to provide oversight for and have responsibility of the City's planning and development related duties. This term shall also include any designee of the Planning Director. Also, this term shall be inclusive of any future variations of the term, such as "Planning Division Manager" or "Zoning Administrator."

279.

Plastic Products Manufacturing

The making of goods by processing plastics materials or raw rubber, with dust and fume control.

280.

Plat

A map or chart of the subdivision, lot or tract of land that is filed in the County plat records.

281.

Play Field or Stadium, Public

An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, football field or stadium.

282.

Plumbing/Electrical/Air Conditioning Store (Retail Sales Only)

Establishments primarily engaged in retails sales of plumbing, heating, and air conditioning equipment, without warehouse facilities, includes storage for ordinary repair but no materials for contracting work.

283.

Police or Fire Station

Protection centers operated by a governmental agency, including administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of safety vehicles; excluding, however, correctional institutions.

284.

Polystyrene Foam Product Manufacturing

This industry comprises establishments primarily engaged in manufacturing polystyrene foam products.

285.

Principal Building

The building that contains the primary function or activity on a lot.

286.

Principal Use

The primary or predominant use of any lot or building.

287.

Printing/Duplication Shop or Mailing Center

a.

An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving; or

b.

A commercial business that conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.

288.

Private Club

Establishments which hold and have been issued a private club registration permit or other private club permits under the V.T.C.A., Alcoholic Beverage Code ch. 32 or 33, as amended, if:

a.

The establishment derives at least 35 percent of its gross revenues from the on-premises sale or service of alcoholic beverages;

b.

The premises of the establishment are located in a dry area; and

c.

The permit is not issued to a fraternal or veterans organization or the holder of a food and beverage certificate issued by the state alcoholic beverage commission.

289.

Private Utility

A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC) or its successor, Environmental Protection Agency (EPA) or its successor, Occupational Health and Safety Administration (OSHA) or its successor, and all other applicable State and Federal regulatory agency requirements and guidelines for human safety.

290.

Progress Towards Completion

Progress towards completion of the project shall include any one of the following:

a.

An Application for a final plat or plan for development is submitted;

b.

A good-faith attempt is made to file with the City an Application for a permit necessary to begin or continue towards completion of the project;

c.

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

d.

Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

e.

Utility connection fees for the project have been paid to a regulatory agency.

291.

Public Improvement

Any facility or service together with its associated public site, Right-of-Way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the City or other government authority ultimately assumes the responsibility for maintenance, operation or ownership.

292.

Public Use or Building

a.

Any use or building held, used, or controlled exclusively for public purposes by any department or branch of government, federal, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated.

b.

A building belonging to or used by the public for the transaction of public or quasi-public business.

293.

Radio or TV Station

Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers.

294.

Railway Right-of-Way and Tracks and Passenger Stations

A public or private right-of-way on which tracks for trains are constructed, a facility, whether light or heavy rail, for the boarding of passengers and related ticketing sales and offices.

295.

Rear Yard

The open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and having a depth of 20 percent of the depth of the lot. Accessory buildings may occupy up to 30 percent of the area of the required rear yard, except that in the A district where access to accessory buildings is from a public alley, more than 30 percent of the required rear yard may be covered by such buildings, and the accessory building equals at least 20 percent of the depth of the lot.

296.

Record Drawings

A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their installation or construction occurs during development. The Record Drawings shall reflect the Construction Plans (or working drawings) used, corrected, or clarified in the field.

297.

Recycling Center

A facility in which recoverable resources, including but not limited to, paper, glassware and metals, are collected, stored, flattened, crushed, or bundled, essentially by hand, but not limited to within a completely enclosed building.

298.

Recycling Facility

A parcel of land where damaged, inoperable, obsolete, or used, secondhand materials are bought, sold, exchanged, temporarily stored, processed or handled within an enclosed building. Such materials include, but are not limited to, scrap iron and other metals, bottles and machinery.

299.

Religious Use

A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel.

300.

Research or Scientific Laboratory

An establishment that engages in research, testing or evaluation of materials or products, but not necessarily medical related.

301.

Residence Hotel (Extended Stay Hotel)

See Hotel, Resident Extended Stay.

302.

Residential Street

A street that is intended primarily to serve traffic within a neighborhood or limited residential district and that is used primarily for access to abutting properties.

303.

Residential Use

Residential use means use of a structure as a residence.

304.

Residential Zoning Districts

Residential district means a single-family, duplex, townhouse, multi-family as defined in the zoning ordinance, see Table 1: Zoning Districts for a list of districts.

305.

Restaurant or Cafeteria, with Drive-Up Window or Curb Service

An establishment, with drive-up window or curb service, where food and drink are prepared and consumed primarily on the premises.

306.

Restaurant or Cafeteria, without Drive-Up Window or Curb Service

An establishment, without drive-up window or curb service, where food and drink are prepared and consumed primarily on the premises.

307.

Retail Stores and Shops

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.

308.

Retail Tobacco Store

A retail store that sells mainly tobacco products. This business may also sell tobacco accessories such as lighters, matches, cigarette holders and devices used to preserve tobacco, cigars or cigarettes, which are incidental to the sale of tobacco products.

309.

Retaining Wall

A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles.

310.

Retirement Housing

Any age restricted housing development that may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care.

311.

Right-of-Way

a.

A parcel of land occupied or intended to be occupied by a street or alley or other transportation infrastructure.

b.

A Right-of-Way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.

c.

The use of Right-of-Way shall also include parkways and medians outside of pavement.

312.

Rodeo Grounds

A public gathering place for rodeo activities in which there are performances of riders with horses and generally involving cattle. The area may involve various cattle pens, barns or shelters. Parking generally would involve double drive-through spaces for participants with trucks pulling horse trailers and standard parking for spectators.

313.

RV Parks

A designated and defined parcel of land within a recreational vehicle park intended for temporary location of a recreational vehicle.

314.

School, Career

Career schools including programs such as dental assisting, pharmacy technician, nurse aide, veterinary assistant, etc.

315.

School, College or University (Private)

Includes private colleges or universities.

316.

School, College or University (Public)

Includes public colleges or universities.

317.

School, K—12 (Private)

Includes private school facilities providing K—12 education.

318.

School, K—12 (Public)

Includes public school facilities providing K—12 education.

319.

Seamstress or Tailor Shop

Establishments primarily engaged in manufacturing or modifying clothing.

320.

Self-Storage (Mini-Warehouse Facilities)

a.

A building(s) containing separate, individual self-storage units for rent or lease.

b.

The conduct of sales, business, or any activity other than storage does not occur within any individual storage unit.

321.

Self-Storage, Security and Mini-Warehouse

Any storage use consisting of one or more buildings in which individual spaces of 1,000 square feet or less are rented or leased for private storage.

322.

Servant's Quarters

See Guest House/Servants' Quarters.

323.

Setback Line

A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot.

324.

Sexually Oriented Business

A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

325.

Shoe Repair Shop

An establishment with the principal business of repairing shoes.

326.

Shrubs

See Table 6: Approved Plant Material List.

327.

Site Plan

A Site Plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is associated with the zoning ordinance.

328.

Small Engine Repair Shop

A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.

329.

Small Tree (Ornamental)

See Table 6: Approved Plant Material List.

330.

Smelter, Refinery, or Chemical Plant

A building or facility for refining or processing oil or a chemical plant for producing chemical products or processing of those products.

331.

Soap and Cleaning Compound Manufacturing

This industry comprises establishments primarily engaged in manufacturing and packaging soap and other cleaning compounds, surface active agents, and textile and leather finishing agents used to reduce tension or speed the drying process.

332.

Special Zoning Districts

The term "Special Zoning Districts" means a zoning district as listed a special zoning district within Table 1: Zoning Districts.

333.

Specific Use Permit

a.

A zoning procedure to allow a specific use on a property.

b.

See Section 90-7.10, Specific Use Permit (SUP) for procedures.

c.

See Use Chart for which zoning districts allow a Specific Use Permit (SUP).

334.

Storefront

Storefronts are defined as the part of the building that fills the structural bay on the front façade at ground level.

335.

Story

That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

336.

Street

A public Right-of-Way that provides vehicular traffic access to adjacent lands or for the movement of through traffic.

337.

Structural Alterations

Any change in any supporting member of a building, such as a bearing wall, column, partition, beam, or girder, or a change in the pitch or height of the roof.

338.

Structure

Anything constructed or erected that requires location on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary of retaining walls, sidewalks and curbs.

339.

Studio Residence

A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant.

340.

Subdivider

a.

Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision.

b.

In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land to be subdivided.

341.

Subdivision

a.

The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include re-subdivision.

b.

Any other subdivision or re-subdivision of land contemplated by the provisions of V.T.C.A., Local Government Code Ch. 212.

342.

Subdivision Regulations

The adopted subdivision regulations of the City.

343.

Sundry Store

A retail store, also commonly referred to and promoted and advertised as a dime or dollar store, selling various miscellaneous small items that are usually of no large value and not important enough to be mentioned individually such as dry goods, toiletries, household supplies and perishable and nonperishable food.

344.

SUP

See Specific Use Permit (SUP) definition.

345.

Surveyor

A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State to practice the profession of surveying.

346.

Tattoo Studio

A commercial use involving the marking of skin of persons with a design by a process of pricking or ingraining an indelible pigment or by raising scars, or similar method.

347.

Taxi Garage or Dispatcher

A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or vans.

348.

Taxidermist

An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

349.

Telephone Exchange (No Offices or Storage Facilities)

A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers.

350.

Temporary Building for New Construction

a.

A structure or shelter used in connection with the construction of a development or building project for housing on the site of temporary administration and supervisory functions and for sheltering employees and equipment.

b.

Buildings are permitted for a specific period of time in accordance with a permit issued by the City.

351.

Temporary Storage Unit/Container

A transportable structure or container used primarily for temporary storage of building materials, household goods, personal items or other materials.

352.

Textile Manufacturing, with dust and odor control

Establishments primarily engaged in finishing of textiles, fabrics, and apparel, with dust and odor controls.

353.

Thoroughfare

See Arterial.

354.

Thrift Store

A profit or nonprofit business or organization that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose merchandise is donated or principally donated. A specialty retail store that sells used merchandise not donated for sale, including but not limited to, used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this ordinance.

355.

Tinsmith/Sheet Metal Shop

A shop where flat sheets of metal are shaped into three-dimensional objects and soldered, brazed or welded.

356.

Tobacco Store

An establishment principally for the retail sale of sealed containers of tobacco products. Tobacco product means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption.

357.

Tower: Wind

The monopole or freestanding lattice structure that supports a wind generator.

358.

Tower/Antenna: TV, Radio, Microwave, Telephone, or Cellular

Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television. See Wireless Communication System.

359.

Trailer

A portable dwelling unit designed to move on wheels from location to location by automobile or truck.

360.

Transit Center

Any premises, including train or bus stations, for the loading and unloading of passengers and the temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of transit vehicles.

361.

Transitional Home Facility

See Halfway House.

362.

Transportation Plan

The plan that guides the development of adequate circulation within the City, and connects the City street system to regional traffic carriers. Also referred to as the Thoroughfare Plan.

363.

Truck

A light or heavy load vehicle (see definitions for "light load vehicle" and "heavy load vehicle".

364.

Truck Dealership

The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

365.

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/shower facilities, and/or temporary sleeping quarters.

366.

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.

367.

Unmanned Equipment Building

An accessory building housing electronic and communication equipment as an associated and permitted part of a wireless communication system.

368.

Urethane and Other Foam Product (except Polystyrene) Manufacturing

This industry comprises establishments primarily engaged in manufacturing plastics foam products.

369.

Usable Open Space

An area or recreational facility that is designed and intended to be used for outdoor living or recreation. Usable Open Space may include recreational facilities, water features, required perimeter landscape areas, floodplain areas, and decorative objects such as art work or fountains.

370.

Used Car Lot

A lot, or portion thereof, which is to be used only for the display and sale of automobiles that are in a condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, the dismantling of automobiles or the storage of automobile parts.

371.

Utility Distribution/Transmission Line

Facilities, including subsidiary stations that serve to distribute, transmit, transform, or reduce the pressure of gas, water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines and metering stations.

372.

Utility Easement

See Easement.

373.

Vehicle Storage Facility

The removal and temporary storage of consenting or nonconsenting tows of operable automobiles on a lot or tract 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 or an automobile services use that has a tow truck and repairs vehicles on-site.)

374.

Veterinarian Clinic

An establishment where animals and pets are admitted for examination and medical treatment.

375.

Vision Clearance

A space left open and unobstructed by fences, structures, shrubs, trees, or other plant life along streets at the corner in front of the building line of lots contiguous to intersecting streets. Also called "intersection sight triangle."

376.

Warehouse

Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.

377.

Water Storage

Facility for the storage of water, either elevated or ground level.

378.

Water Treatment Facility

The facility or facilities within the water supply system that can alter the physical, chemical, or bacteriological quality of the water.

379.

Wedding Chapel, Reception Facility, Special Events Center

See Banquet Hall.

380.

Weight Loss Center

An establishment that holds meetings for its membership, counsels, or sells products to encourage the personal weight loss of individuals.

381.

Wholesale Center

An establishment or place of business primarily engaged in selling or distributing merchandise to the general public, to retailers, to industrial, commercial, institutional, or professional business users, and to other wholesalers.

382.

Wildlife Rehabilitation Center

A property or building where wildlife animals are kept for the purpose of undergoing rehabilitation.

383.

Wind Energy System

A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine, a tower and/or attached apparatus, and associated control or conversion electronics, and is intended for on-site production and consumption of electricity to serve the needs of the consumer on-site.

384.

Wireless Communication System

a.

A system of equipment for communication purpose by cable, telegraph, telephone, or wireless broadcast and includes Antenna Support Structures for mobile and land-based telecommunications.

b.

Systems include whip antennas, panel antennas, microwave dishes and receive-only satellite dishes, cell enhancers and related equipment for wireless transmission from a sender to one or more receivers, such as for mobile or cellular telephones, mobile radio systems facilities, commercial mobile radio service and radio or television (commercial only) broadcasting towers and transmitting stations.

c.

This definition is inclusive of the placement of the above-referenced equipment on a monopole tower, a steel lattice tower, guyed steel lattice tower and any communication tower which does or does not utilize guy wire support in addition to existing buildings or other independent support structures. This system shall also allow as one of its components an unmanned equipment shelter.

385.

Wood Window and Door Manufacturing

This industry comprises establishments primarily engaged in manufacturing window and door units, sash, window and door frames, and doors from wood or wood clad with metal or plastics.

386.

Woodworking and Planing Mill

Establishments with dust and noise control and primarily engaged in one or more of the following:

a.

Manufacturing dimension lumber from purchased lumber;

b.

Manufacturing dimension stock (i.e., shapes) or cut stock;

c.

Re-sawing the output of sawmills; and

d.

Planning purchased lumber.

These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.

387.

Wrecking or Auto Salvage Yard

A yard or building where automobiles or machinery are stored, dismantled and offered for sale as whole units, as salvaged parts or as processed metal.

388.

Yard

a.

An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

b.

In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

389.

Yard, Front

A yard across the full width of a lot extending from the front line of the main building to the front property line of the lot.

390.

Yard, Rear

A yard extending across the full width of the lot and measured between the rear property line of the lot and rear line of the main building, except that area included in the side yard as defined below.

391.

Yard, Side

A yard between the building and the side property line of the lot and extending from the front yard to the required minimum rear yard.

392.

Zoning District Map

a.

The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance, which may also be cited as the Zoning Map.

b.

See Zoning District Map.

393.

Zoning Ordinance

The adopted Zoning Ordinance of the City, as may be amended in the future, and may be referred as "the Zoning Ordinance."

394.

Zoning Special Exception

See Subsection 90-8.03.B., Zoning Special Exception Defined.

395.

Zoning Variance

See Subsection 90-8.02.B., Zoning Variance.

396.

Electronic Cigarettes

Devices that are an alternative to traditional tobacco or smoking products such as cigarettes, cigars, or pipes, also known as e-cigarettes, e-vaporizers, vapor pens, aromatherapy inhalers, or other delivery systems for the inhalation or ingestion of vapor (vaping), aerosol, nicotine, smoke, steam, hemp products, flavorings, or other chemicals.

397.

Vaping

The act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by an e-cigarette or similar device.

398.

Vehicle Storage Facility

The removal and temporary storage of consenting or nonconsenting tows of operable and inoperable vehicles automobiles on a lot or tract for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall include the storage of wrecked or inoperable vehicles or an automobile service use that has a tow truck and repair vehicles on-site.

(Ord. No. 3154-17, § 1, 4-10-2017; Ord. No. 3184-19, § 7, 3-25-2019; Ord. No. 3196-19, § 7, 7-8-2019; Ord. No. 3242-22, § 2, 3-28-2022; Ord. No. 3267-23, § 1, 8-14-2023; Ord. No. 3275-23, § 1.A, 10-9-2023)

Cross reference— Definitions generally, § 1-2.