Any place to which the public is permitted or invited wherein cash-operated, credit-operated, coin-operated or slug-operated or electronically, internet or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images and where the images so displayed are distinguished or characterized by the depicting or describing of “sexually explicit activities” or “specified anatomical areas.”

A commercial establishment which offers for sale or rental for any form of consideration, as one of its principal business purposes, any one or more of the following:

A nightclub, bar, restaurant or similar commercial establishment, whether or not alcohol is served, which regularly features:

Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other manipulation of the human body which occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program nor a therapeutic massage practitioner. An adult massage parlor is considered a sexually oriented business for purposes of these regulations.

A hotel, motel or similar commercial establishment which:

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, compact discs, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “sexually explicit activities” or “specified anatomical areas.”

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by the performance of “sexually explicit activities.” This [sic; see (h) following]

A person who, for consideration in any form, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing and the performance of a dance or skit. Under this definition, “privately” shall mean a performance for an individual or that individual’s guests.

A person or business association that furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

A resort, camp, park or other facility where clothing is optional, and people can visit the facility in a state of nudity.

Any place where a person appears in a state of nudity or displays “specific anatomical areas” and is provided money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons. This includes modeling studios that provide for nude modeling on an occasional basis, but it does not include a modeling studio whose primary function is to provide art classes as part of a college, university or educational institution and which is certified by the state of Texas.

The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

An adult motion picture theater with a viewing room or cubical of less than 150 square feet of floor space.

Any person owning, directly or beneficially: 10% or more of a corporation’s equity securities; 10% or more of the membership interests in a limited liability company; or in the case of any other legal entity, 10% or more of the ownership interests in the entity.

A room in a hotel/motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation or sodomy; or masturbation, actual or simulated; or any activity intended to arouse, appeal to or gratify a person’s lust, passions or sexual desires; or the display of human genitals in a state of sexual stimulation, arousal or tumescence; or the display of excretory function[s] as part of or in connection with any of the activity set forth above.

Any of the following: less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, or female breast or breasts of any portion thereof that is situated below a point immediately above the top of the areola, or any combination of the foregoing; or human genitals in a state of sexual arousal, even if opaquely and completely covered.

Any animal that is commonly considered capable of being trained or is capable of adapting to living in a human environment and being of use to human beings, and which is not likely to bite without provocation, nor cause death, maiming or illness to human beings, including: dogs, cats (domesticated), birds (caged), fish, turtles, rodents (bred, such as a gerbils, rabbits, hamsters or guinea pigs) and lizards (non-poisonous). Wild, vicious, or exotic animals shall not be considered domesticated.

Any animal of a species not indigenous to the State of Texas and not a domesticated animal, including any hybrid animal that is part exotic animal; or any animal which, irrespective of geographic origin, is of wild or predatory character, or which because of size, aggressive or vicious characteristics would constitute an unreasonable danger to human life or property if not kept, maintained or confined in a safe and secure manner, including any hybrid animal that is part exotic animal; or any animal that attacks, bites, or injures human beings or other domesticated animals without adequate provocation, or which because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals.

Any of various bird or animal breeds, long ago domesticated by man so as to live and breed in a tame, docile, tractable condition useful to man, including animals such as: horses, ponies, mules, donkeys, cattle, sheep, goats, buffaloes, llama[s], swine, chickens, ducks, geese and turkeys.

Engine rebuilding, or major reconditioning, collision service, body, frame, or fender straightening, or repair and overall painting of vehicles, or trailers.

Incidental repairs, replacement of parts, and motor service to motor vehicles, such as oil changes, and lubrication, tune-ups, wheel alignment, replacement of mufflers, exhaust systems, brakes, shock absorbers, batteries, pumps, belts, hoses, air filters, and windshield wipers, radiator cleaning, and flushing; auto detailing, sale/installation of automobile accessories such as tires, radios, and air conditioners, but not including any operation included above under automobile repair, major.

A building, surrounded by open space on the same lot with, but no structural attachment to, another structure.

The main or dominant building in which is conducted the principal use of the lot on which the building is located.

A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:

A building having one party wall in common with an adjacent building.

Any building not designed to be permanently located at the place where it is, or where it is intended to be temporarily placed or affixed.

An apartment is an attached dwelling unit with party or common walls, contained in a building with other dwelling units or sharing the occupancy of a building with other than a residential use. Apartments are commonly accessed by a common stair landing or walkway. Apartments are typically rented by the occupants but may be condominiums. Apartment buildings often may have a central heating system and other central utility connections. Apartments typically do not have their own yard space.

A building, or portion thereof, used or designed as residences for three (3) or more families living independently of each other and each doing their own cooking in the building, with the number of families in residence not exceeding the number of dwelling units provided. This definition includes three-family houses, four-family houses, and apartment houses.

A detached building or manufactured home designed exclusively for the complete living accommodations of one (1) family and containing one (1) dwelling unit only.

A self-contained single dwelling unit attached to a similar single dwelling unit with party or common walls, designed as part of a series of three (3) or more dwelling units, each with: a separate entryway with direct access to the outdoors at ground level, a separate garage, separate utility connections and defined front, and rear yards. Single-family attached townhouses may also be known as row houses, clustered single-family dwellings or stack ranches. Any three (3) or more attached dwellings not meeting the above criteria shall be considered a multiple-family dwelling.

A detached building designed for or occupied exclusively by two (2) families living independently of each other. May also be termed as a duplex.

Replacement of floodplain acreage, functions and values to compensate for floodplain areas that were subjected to human disturbance.

Facilities that if impacted by flood, can have a community-wide impact on public health, safety and welfare, including schools, nursing homes, hospitals, police, fire, and emergency response installations, [and] installations which produce, use or store hazardous materials or hazardous waste.

Federal Emergency Management Agency.

Flood Hazard Boundary Map. A FHBM is defined by FEMA as a map based on approximate data that identifies, in general, the SFHAs within a community. A FHBM is used in the NFIP’s Emergency Program for floodplain management and insurance purposes.

The channel proper and the areas adjoining any wetland, lake or watercourse that have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts. Floodplains are generally relatively flat lowlands next to a watercourse. For the purposes of this document, all SFHAs are considered floodplains, defined by the 100-year flood as delineated on FEMA Flood Insurance Rate Maps.

The channel of a river, stream or other watercourse and the land areas of the floodplain adjoining the channel that are reasonably required to efficiently carry and discharge the floodwater or flood flow of a river or stream and must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

The portions of the floodplain lying outside of the floodway.

The elevation of the regulatory flood plus two (2) feet at any given location in the Special Flood Hazard Area or 100-year floodplain.

An amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is only issued by FEMA. See: “Flood-Related Definitions.”

An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations and elevations.

A program managed by FEMA, to identify and map flood hazard areas, assist with community floodplain management programs, and to provide flood insurance to participating communities that are located within a SFHA.

Flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by FEMA.

The land area covered by the floodwaters of the regulatory flood on NFIP maps. The SFHA is the area where the NFIP’s floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO and AH. The SFHAs are generally identified as such on the Flood Insurance Rate Map of the City of Bells prepared by the FEMA.

The area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets/storage rooms, thickness of walls, columns, or other features.

A legally described parcel of land occupied, or intended to be occupied, by a building or a group of buildings, or utilized for the principal and accessory uses, together with such yards and open spaces as are required under the provisions of this ordinance. For purposes of meeting the dimensional standards of this ordinance, a lot does not include public rights-of-way or private road easements but does include access easements for a service drive. A lot may consist of:

A lot situated at the intersection of two streets, the interior angle of that intersection not exceeding 135 degrees. (The narrowest part of a lot having frontage on a street is the front of the lot.)

A lot, other than a corner lot, which fronts on two more or less parallel streets.

A lot other than a corner lot or a through lot.

A corner lot where the side lot line adjoining a street is substantially a continuation of the front line of an adjacent interior lot.

A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or unified control. A zoning lot may or may not coincide with a lot of record.

The percent of the lot area that is covered by buildings.

The percent of the lot area that is covered by buildings plus other impermeable surfaces, such as pavement, decks and pools.

The boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. On a corner lot the lot line having the shortest length abutting a street line shall be the front lot line, unless otherwise determined by the Planning and Zoning Commission.

The boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line.

Any boundary of a lot which is not a front or rear lot line.

An unrestricted mobile food unit is defined as a commercially manufactured towed trailer or motorized self-contained food service operation or establishment designed to be readily movable in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution.

A restricted mobile food unit is defined as a commercially manufactured towed trailer or motorized self-contained food service operation or establishment designed to be readily movable in which only food that is pre-wrapped, bottled, or otherwise packaged in individual servings is sold.

A limited-service mobile food unit is defined as any mobile food unit that is not a Restricted or Unrestricted Mobile Food Unit. This type of mobile unit, with limited food handling, sells only packaged food from ingredients with a low potential for creating a food-borne hazard. The term includes the following types of mobile food vending operations:

A business establishment whose method of operation involves sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption primarily off the premises.

A restaurant typically offering both carry-out and seating of sandwiches and other foods and beverages. A delicatessen also typically offers meats, cheese and prepared foods on a retail basis.

A business establishment whose method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building. A drive-in restaurant may also have interior seating.

A business establishment whose method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off the premises. A drive-through restaurant may also have interior seating.

A business establishment whose method of operation involves either the delivery of prepared food by waiters and waitresses to customers seated at tables within a building or the prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building. Restaurants may include accessory outdoor seating.

An establishment licensed to serve alcoholic beverages on the premises. Taverns/bars may include accessory outdoor seating.

A structure or accessory structure that advertises or directs attention to a business, commodity, service, entertainment or any other subject matter not located or carried on the parcel of real estate where any such sign is located or in the building or structure to which the sign is affixed.

A sign which directs attention to a business, commodity, service, or entertainment related to the premises where the sign is located or to which it is affixed.

Sign which contains a traveling message or a message which appears to be traveling and usually in a horizontal manner.

An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when the sign is in use. A revolving, illuminated sign shall be considered to be a flashing sign.

A three-dimensional, base-mounted freestanding display sign, that is supported by uprights or braces in or upon the ground surface or mounted on a base and consisting of two (2) or more sides extending up from the base, and upon which a message, business, group of businesses or center name is affixed.

A sign which directs attention to a residence, a business, commodity, service, entertainment, or other activity conducted on the lot upon which the sign is located.

Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.

A type of freestanding sign that is elevated above the ground on poles or braces and not attached to any building or other structure.

A sign whereon provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message that may be changed periodically[.]

A sign erected, constructed, and maintained above the roof of any building.

A sign attached to, painted on or erected against the wall of a building with the sign face in a parallel plane to the plane of the building.

A sign attached to a window or glass door and any sign on the interior of a window that is visible from the outside of the window, including signs not attached to the window.

Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.

A property owner or agent of a property owner who has filed an application for a stormwater management permit.

Structural measures (wetlands, ponds, infiltration basins, etc.) or non-structural measures (low impact development planning, restrictive zoning, reduced impervious areas, etc.). BMPs are designed for the benefit of water quality and quantity.

Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.

The federal Water Pollution Control Act (33 U.S.C. section 1251 et seq.), and any subsequent amendments thereto.

Activities subject to a stormwater management permit. These include construction projects resulting in land disturbance of 1/4 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. This term does not include routine ditch or road maintenance, minor landscaping projects, agricultural land disturbing activities, forest harvesting activities, or individual building lots within a larger permitted project.

The temporary storage of storm runoff in a stormwater BMP (Best Management Practices) with the goals of controlling peak discharge rates and providing settling and filtration of pollutants.

A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff, and gradual release of stored water at controlled rates.

A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.

A plan that is designed to minimize the erosion and sediment runoff at a site during construction activities.

An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

The Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups according to texture and drainage capacity. The groups are HSG-A, B, C, and D. Runoff volume for a given rainfall depth increases, and infiltration capacity decreases, From HSG A to D.

Either of the following:

An unapproved direct or indirect non-stormwater or pollutant discharge to the storm drainage system or receiving waters.

Predominantly non-native, non-indigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species.

Surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

A National Pollutant Discharge Elimination System (NPDES) permit issued to a commercial industry or group of industries, which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

The process of percolating stormwater into the subsoil.

Any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.

Any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.

Development strategy that encourages maintaining existing drainage patterns while minimizing changes to existing topography. LID often employs distributed, localized storage of stormwater, disconnection of directly connected impervious surfaces to the site outlet, and incorporation of public education into the long-term plan for stormwater management.

A legally recorded document that acts as a property deed restriction, and that provides for long-term maintenance of stormwater management practices.

The statutory standard that establishes the level of pollutant reductions that operators of regulated MS4s must achieve.

A stormwater conveyance system which is owned or operated by a state, city, town, county, tribe, district, association, or other public body or a designated and approved management agency under Section 208 of the Clean Water Act, that discharges into waters of the United States (40 CFR 122.26(b)(8)).

A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Pollution from any source other than discernible, confined, and discrete conveyances, including but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

A written notification indicating an entity’s intention to comply with the terms of a specified general permit rule in lieu of applying for an individual NPDES stormwater discharge permit.

Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes, including grass, brush, leaves, and limbs; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations; floatables, pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; soil and sediments; and noxious or offensive matter of any kind.

Replenishment of underground water reserves.

Any construction, alteration or improvement equal to or greater than 43,560 square feet (one acre) in areas where existing land use is high density commercial, industrial, institutional or multi-family residential.

System of surface and subsurface drainage systems, catch basins, and other drainage structures including retention and detention BMPs, vegetated swales, municipal streets, catch basins, curbs, gutters, roads with subsurface drainage systems, reservoirs, pumped piping systems and other drainage structures or watercourses.

The use of structural or non-structural practices, physical and biological measures that are designed to reduce stormwater runoff pollutant loads, discharge volumes and peak flow discharge rates. Goals of stormwater management include avoiding detrimental changes in the hydrology, water quality and temperature of receiving waters that affect habitat and ecological function and minimizing flash floods.

A document that describes the best management practices and activities to be implemented by an entity to identify sources of pollution or contamination at a site, and actions that will be taken to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

A street with a single common ingress and egress and with a turn-around at the end.

A freeway, or expressway, providing a [traffic way] for through traffic, to which abutting lands have no legal right to have direct access, and all access is at defined points determined by the public road agency having jurisdiction over that roadway.

A local roadway, the primary function of which is to provide direct access to residential, commercial, industrial, or other abutting real estate.

All arterial streets, county primary roads, major city streets and state highways.

which includes single-family, two-family, multiple-family and manufactured homes.

which includes all farming, livestock and forestry.

which includes all retail trade uses, motor vehicle service, lodging accommodation, food services, other services and entertainment/recreational businesses.

which includes administrative offices and buildings, used for finance, insurance, legal, real estate, professional, scientific, technical, health care, and social assistance uses.

which includes all religious, civic, social, and similar organizations, educational services and public uses.

which includes all manufacturing, transportation, warehousing, utilities (generation/treatment plants), waste processing/disposal, construction contractors and mining/mineral extraction uses.

Regulated by the Resources Conservation and Recovery Act (RCRA, 1976) (42 USC 6901) and its amendments; any waste that is “corrosive, ignitable, reactive, or toxic” or poses a substantial threat to human health and environment when improperly managed.

Generally, consists of materials such as wastewater treatment sludge (waste with most of the water removed; semi-liquid), agricultural wastes, plastics, oil, paint, metal, or coal ash, and is managed on-site in landfills, surface impoundments, land application units, and waste piles and/or off-site land facilities, discharged to wastewater treatment plants and to surface waters.

The refuse discarded by households, institutions, and commercial establishments (as distinguished from hazardous wastes and sludge), and which is disposed of in landfills, by incineration, or is composted, recycled, or reused.

Plant clippings, pruning, and other discarded materials from yards and gardens; also called yard rubbish.

A light industrial facility for collecting secondary materials, usually from the public, and reselling to brokers, processing centers, or manufacturing. Collection centers may or may not buy material, can be permanent or mobile, and do no processing of materials for resale.

The controlled decay of organic matter, producing a nutrient-rich mulch or organic soil, thus removing part of the waste going to landfills and incinerator.

A process technology which reduces the amount (particularly by volume) of wastes, the residues of which must then be managed and disposed of properly.

An engineering project for refuse disposal in which the waste is dumped in accordance with a preconceived plan, compacted, and covered during and at the end of each day.

A heavy industrial facility that buys secondary material, usually from brokers, collection centers, and various post-consumer waste facilities, to use on-site for the remanufacturing of products.

The process by which materials otherwise destined for disposal are retrieved and remanufactured into new products. Recycling involves four steps:

An intermediate facility where collected refuse is deposited for transfer to the final disposal site.

A yard between the front line of the building and the street right-of-way, extending along the full length of the front lot line between the side lot lines, which shall not include that part in use or to be used as a street. On a corner lot, the front yard shall be along the street right-of-way that the front of the building faces or the shorter of the two front lot lines. The side street front yard shall also be considered a front lot line but may be distinguished with separate requirements in the district.

A side yard which is located immediately adjacent to another lot or to an alley separating the side yard from another lot.

A yard between the rear line of the building and the rear lot line, extending along the full length of the rear lot line between the side lot lines. In the case of a corner lot, the rear yard will be opposite the street frontage that the building faces or the shorter of the two front lot lines, but there shall be only one (1) rear yard.

That portion of a lot that meets the required minimum front, side, or rear setback of the zoning district in which the property is located.

A yard extending along a side lot line from the front yard to the rear yard.