General Definitions. Certain words in this ordinance are defined as follows: Words used in the present tense include the future; words in the singular include the plural; and the words in the plural include the singular; the word "building" means the same as the word "structure"; the word "lot" means the same as the word "plot" or "tract"; the word "shall" is mandatory and not discretionary. Any terms not defined within this document shall be considered to have the most commonly acceptable meaning as can be identified in a standard dictionary.

(Ord. of 2-24-2009)

A

ABUTTING—Lying adjacent or contiguous along a common border.

ACCESSORY BUILDING—In a residential district, a detached building used for a purpose customarily incidental to the main structure, including, but not limited to, a private garage for automobile storage, tool house, greenhouse as a hobby, home workshop, children's playhouse, storage house, including freight and portable storage containers, or garden shelter, but not involving the conduct of a business. This definition does not include carports in accordance with Article 8-1.

(Ord. of 2-24-2009)

ACCESSORY BUILDING FOR LIVING OR SLEEPING QUARTERS—A secondary residential use including living and sleeping quarters but having no separate driveway or access and being no larger than 40% of the main building or 600 square feet, whichever is larger.

ACCESSORY USE—A use subordinate to and incidental to the primary use of the main building or to the primary use on the premises.

ALLEY—A public space or thoroughfare which affords only secondary means of access to property abutting thereon. (See Appendix A, # 3)

AMUSEMENTS, COMMERCIAL (indoor)—An amusement enterprise wholly enclosed in a building which generates no noise beyond the property line, including, but not limited to, a bowling alley, bingo hall or billiard parlor.

AMUSEMENTS, COMMERCIAL (outdoor)—Activities such as golf driving range, pitch and putt course, archery, miniature golf, carnivals and similar outdoor activities, but not including go-cart racing, drag strips or auto racing.

ANIMAL CLINIC OR HOSPITAL (with or without outside runs or pens)—A clinic for the short-term care of animals including veterinary services, grooming, preventative care, or emergency care.

ANIMAL POUND (public or private)—A place for the temporary keeping of animals awaiting adoption, destruction or owner pick up.

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

APARTMENT—See Dwelling, Multifamily.

AREA OF THE LOT—The area of the lot shall be the net area of the lot including easements, but shall not include portions of streets and alleys. (See Appendix A, # 3)

ART GALLERY OR MUSEUM—An institution for the collection, display and distribution of objects of art and science, and which is sponsored by a public or quasi-public agency and which is open to the general public.

ASPHALT OR CONCRETE BATCHING PLANT—A light manufacturing use wherein asphalt or concrete construction materials are made, stored and distributed.

AUTO REPAIR (minor)—Includes the installation of seat covers, shock absorbers, U joints, front end alignment and repairs, engine repairs that do not require the removal of heads and oil pan and repairs that may be required for state inspection.

B

BAKERY—A place for preparing, baking and selling baked goods and products prepared on the premises. [A bakery] may be wholesale or retail.

BASEMENT—A building story which may be partly or wholly underground. A basement shall not be counted as a story in computing building height.

BED AND BREAKFAST—An owner-occupied private home (or in districts other than SF or 2F, a manager occupied home) which offers lodging for paying guests and which serves breakfast only to those guests.

BINGO HALL—See Commercial Amusements, Indoor.

BLOCK—An area enclosed by streets and occupied by or intended for buildings; or if it is used as a term of measurement, it shall mean the distance alongside of a street between the nearest two streets which intersect said street on the said side. (See Appendix A, # 7)

BOARD—The Zoning Board of Adjustment.

BOARDING OR ROOMING HOUSE—A building other than a hotel, where lodging and meals for three or more persons are served for compensation.

BRICK KILN OR TILE PLANT—A heavy industrial use where brick or tile is manufactured.

BUILDING—Any structure built for the support, shelter and enclosure of persons, animals, chattels or moveable property of any kind.

BUILDING MATERIAL SALES—A retail business, generally large in scale, offering all types of home improvement and building materials including lumber, fixtures, roofing and flooring materials, tools, and similar goods.

BUILDING SETBACK LINE—A line parallel or approximately parallel to the street line at a specified distance therefrom marking the minimum distance from the street line that a building may be erected. (See Appendix A, # 1)

BULK STORAGE—The unpackaged, unbundled, unbound or loose storage, in mass quantities, of materials.

C

CABINET OR UPHOLSTERY SHOP—Construction of cabinets or upholstery and reupholstery of furniture.

CARNIVALS—Amusement activities, rides, merry-go-round, booths for the conduct of games of skill, food dispensing facilities and sideshows.

CARPORT—An accessory structure which is not fully enclosed but is designed or used for the storage of motor vehicles for the occupants of the building to which it is an accessory. A carport is not an accessory building as listed in this Article (#2).

CERTIFICATE OF OCCUPANCY OR COMPLIANCE—An official certificate issued by the City through the Building Official which indicates a conformance with or approved conditional waiver from the zoning regulations and authorizes a legal use of the premises for which it is issued.

CHURCH OR RECTORY—A place of worship and religious training including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel.

CIRCUS—A traveling company of entertainers such as clowns and acrobats, who perform typically in a large tent, in a series of different places.

CITY COUNCIL—The governing body of the City of Big Spring, Texas.

CITY MANAGER—The chief City Administrator.

CIVIC OR COMMUNITY CENTER (public or private)—A building and grounds owned and operated by a governmental body or a private agent for the social, recreational, health or welfare of the community served, including senior citizens.

CLEANING AND DYEING PLANT—A commercial service utilizing special equipment to clean and/or dye fabric or other materials.

CLINIC—A group of offices of one or more physicians, surgeons or dentists to treat sick or injured outpatients who do not remain overnight and including treatment of alcoholic, narcotic or psychiatric patients.

COLLEGE OR UNIVERSITY—An institution established for educational purposes serving individuals beyond the secondary school level, but excluding trade and commercial schools.

COMMUNITY CENTER (private)—A building designed for private use and generally including areas for indoor activities that may include sports, reading, social events, and similar activities.

CONTRACTOR SHOP OR STORAGE YARD—A commercial use where a contractor may have a shop or a storage yard to store materials to be used at a work site.

COUNTRY CLUB—An area of twenty-five (25) acres or more containing a private golf course and/or clubhouse which is available to a specific membership. Such a club may include as adjunct facilities, a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for its members.

CUSTOM PERSONAL SERVICE—Establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Services include, but [are] not limited to, a tailor shop, shoe repair, health studio or travel consultant.

D

DANCE HALL OR NIGHTCLUB—An establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the City of Big Spring.

DAY CAMP—A facility arranged and conducted for the instruction and organized outdoor recreation of children on a daytime basis.

DAY NURSERY OR DAY CARE CENTER—An establishment where more than six (6) children or adults are left for care or training during the day or portion thereof. Six (6) or fewer children or adults may be left for care or training during the day or a portion thereof in any residential district only if the residential structure maintains a completely residential appearance and a security fence is maintained in the rear yard of the property to keep children on the premises; and no sign advertising the service is placed on the residential premises.

DEPTH OF LOT—The mean horizontal distance between the front and rear lot lines. (See Appendix A, # 2)

DRY CLEANING SHOP—A retail service providing dry cleaning of clothes.

DUPLEX—See Dwelling, Two-Family.

DWELLING, MULTIPLE-FAMILY—Any building or portion thereof, designed, built, or rented to be occupied as three or more dwelling units or apartments or which is occupied as a residence of three or more families living in independent dwelling units.

DWELLING, SINGLE-FAMILY (attached)—A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines and which is capable of being conveyed as a separate dwelling unit on a separate lot or tract.

DWELLING, SINGLE-FAMILY (detached)—A detached building having accommodations for and occupied by not more than one family or by one family and not more than three (3) boarders and lodgers located on a lot or separate tract having no physical connection to a building located on any other lot or tract.

DWELLING, TWO-FAMILY—A residential use where a common wall separates only two single-family dwellings.

DWELLING UNIT—A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.

E

EASEMENT—A right given by the owner of a parcel of land to another person, public agency, or corporation for a specific and limited use.

EXPLOSIVES INTERCHANGE LOT—A lot or portion of a lot used for the storage of hazardous or explosive materials on a temporary basis prior to distribution.

F

FAIRGROUND OR EXHIBIT AREA—A building or series of buildings or open space designed for use as a fairground or as an exhibit area including such uses as carnivals, community fairs, or convention-type events.

FAMILY—Any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage or adoption.

FARM OR RANCH—An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain, and for the raising thereon of the usual farm animals such as horses, cattle and sheep, including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including any poultry or the commercial feeding of offal or garbage to swine or other animals, not including any type of agriculture or husbandry specifically prohibited by ordinance or law, and not including those types or operations generally considered as feedlots.

FLOOR AREA—The total square feet of floor space within the outer dimensions of a building including each floor, but excluding cellars, carports or garages.

FLOOR AREA RATIO—An indicated ratio between the number of square feet of total floor area in the main buildings on a lot and the total square footage of land in the lot; the number resulting from dividing the main building floor area by the lot area. (See Appendix A, # 10)

G

GREENHOUSE OR PLANT NURSERY—The display of plants offered for retail sale must be behind the front yard line established in the district in which the nursery or greenhouse is located.

GROUP CARE HOME—A type of dwelling unit in which food, shelter and minor medical treatment under the direction and supervision of a physician, or services which meet some need beyond boarding or lodging, are provided to four (4) or more residents of that dwelling unit, including care provided to more than four unrelated foster children, but not including such care provided to any family member residing with his family in a one-family dwelling. Residents in these facilities depend on staff to provide them with various degrees of assistance in everyday living, but are not considered dangerous to themselves or others and require only occasional or temporary services by professional medical or nursing personnel which are provided through individual arrangement with the residents. Group care home includes any facility which requires a license issued by the Texas Department of Health or its successor as a personal care facility.

GROUP MEDICAL CARE HOME—A type of dwelling unit in which a continuum of nursing or medical care services is provided to four (4) or more persons with terminal or incapacitating illness, or with conditions which require regular nursing services or attending physician services, regardless of whether people who may also be cared for without reliance on nursing or medical services also reside in that dwelling unit. A group medical care home includes any facility which requires a license issued by the Texas Department of Health or its successor as a special care facility.

GROUP SECURE CARE HOME—A secure care home for persons for which supervision or security is required to ensure that they do not leave the facility, or because the residents are considered dangerous to themselves or to others, except for prisons or correctional facilities.

H

HEAVY FABRICATION AND ASSEMBLY PROCESSES (in HI District)—Any manufacturing, industrial servicing or storage process not prohibited by law except the following uses may be located in the Heavy Industrial "HI" District:

(a)

Acid manufacture.

(b)

Ammonia manufacture.

(c)

Carbon black manufacture.

(d)

Cement, lime manufacture, gypsum or Plaster of Paris manufacture.

(e)

Chlorine manufacture.

(f)

Cotton gin or compress.

(g)

Explosives storage or manufacture.

(h)

Glue and fertilizer manufacture.

(i)

Petroleum and petroleum products refining and manufacture.

(j)

Petroleum tank farm.

(k)

Petrochemical plant.

(l)

Rendering plant.

HEIGHT—The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the mid-point of the roofs surface, (2) to the deck line of-mansard roofs, or to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

HOME OCCUPATION—A home occupation is an occupation customarily carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any goods for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property, such as odor, increased traffic congestion, light or smoke. A home occupation specifically excludes the operation of a repair garage, antique shop, beauty shop, plumbing shop or similar sales and service activity.

HOSPITAL—An institution licensed by the State of Texas where sick or injured patients are given medical or surgical treatment either on a short-term or long-term basis and where such service is intended to restore them to health and an active life.

HOTEL OR MOTEL—A building or group of buildings designed and occupied as a temporary abiding place for individuals. To be classified as a hotel or motel, an establishment shall contain a minimum of six individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone use and upkeep of furniture.

I

INDUSTRIALIZED HOUSING—A residential structure constructed in one or more modules or using one or more modular components built at a location other than the permanent residential site and designed to be transported to the permanent residential site and erected on a permanent foundation. Such housing is allowable only through final approval of a Specific Use Permit.

(Ord. No. 046-2019, § 2, 12-10-2019)

INTERMODAL SHIPPING CONTAINER—A metal standardized re-sealable transportation box used for utilized freight handling with standardized equipment that are commonly referred to as a "sea container," and that does not have a stamp of approval as an industrialized housing structure from the Texas Department of Licensing and Regulation.

(Ord. of 7-23-2013; Ord. of 8-14-2013)

INSTITUTION OF A RELIGIOUS OR PHILANTHROPIC NATURE—A non-profit institution existing for the benefit of humans or animals on a regular basis.

L

LIGHT FABRICATION AND ASSEMBLY PROCESSES (in LI District)—Including the manufacture of jewelry, trimming decorations, and any similar item not involving the generation of noise, odor, vibration, dust or hazard. Such processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the abutting property lines and which do not generate noise or vibration at the boundary of the District which are generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas and including, but not limited to, such uses which are permitted in the LI, Light Industrial District:

(a)

Woodworking and planning [planing] mill with dust and noise control.

(b)

Textile manufacture with dust and odor control.

(c)

Ceramic and pottery manufacture with dust, odor and fume control.

(d)

Plastic products manufacture with dust and fume control.

(e)

Paint, oil, shellac and lacquer manufacture when hoods and fume destructors are used in the cooking process.

(f)

Grain processing with hoods, dust and odor controls.

(g)

Electroplating or battery making with acid, and odor controls.

(h)

Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of the emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of a hazard, but specifically excluding the uses listed in the definition Heavy Fabricated and Assembly Processes.

LOT—Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as required under this ordinance, and having its principal frontage upon a public street. (See Appendix A, #1, #2)

LOT COVERAGE—The percentage of the total area of a lot occupied by the first story or floor of buildings located on the lot and including any impervious surfaces such as asphalt or concrete.

LOT LINES—The lines bounding a lot as defined herein. (See Appendix A, # 3)

LOT OF RECORD—A lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Clerk of Howard County or a parcel of land, the deed for which is recorded in the Office of the County Clerk of Howard County prior to the adoption of this ordinance.

LOT WIDTH—The width of a lot at the front building line. (See Appendix A, #1)

M

MAIN BUILDING—The building or buildings on a lot which are occupied by the primary use.

MANUFACTURED HOME—A dwelling unit made on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code.

MICROBREWERY, MICRODISTILLERY, OR WINERY—An establishment for the manufacturing, blending, fermenting, processing, and packaging of alcoholic beverages with a floor area of ten thousand square feet (10,000 ft. ² ) of production space or less that takes place wholly inside a building. Silos and containers of spent grain are allowed as outdoor storage and must be screened. All other outdoor storage or repair is prohibited. A facility that only provides tasting or retail sales of alcoholic beverages is not a microbrewery, microdistillery, or winery use.

(Ord. of 4-24-2018)

MICRODISTILLERY—See definition for Microbrewery, Microdistillery or Winery.

(Ord. of 4-24-2018)

MINI-STORAGE WAREHOUSE, Individual Units—An establishment offering for rent or lease within a confined area, individual storage units that shall not exceed 3,100 cubic feet in any one unit or a unit ten (10) feet by twenty-four (24) feet, whichever is smaller.

MOBILE HOME—A structure for primary purposes of dwelling occupancy and so equipped as to be transportable as constructed. Similar to a manufactured home but made prior to June 15, 1976.

MOBILE/MANUFACTURED HOME PARK—A lot used for the placement of mobile homes, manufactured homes or travel trailers where more than two spaces are provided including an improved pad site for each unit, not less than five (5) acres of total land area and 4,000 square feet of area for each unit.

MODULAR HOUSING—See definition for Industrialized Housing.

(Ord. of 7-23-2013)

N

NOISE, AMBIENT LEVEL—The general frequency level of noise in the vicinity of the premises on which a use is located including traffic noise from nearby streets.

NONCONFORMING USE—A building, structure or use of land lawfully occupied at the time of the effective date of these regulations or amendments thereto, which does not conform to the use regulations of the district in which it is situated and has been occupied continuously without interruption or intent of discontinuation.

NURSING HOME—Any structure used for, or customarily occupied by, twelve (12) or more persons recovering from illness or suffering from infirmities of age.

O

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

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 projections of cornices, eaves and porches.

P

PARKING LOT, COMMERCIAL (auto)—An area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles providing such facility is primarily an internal function for use only by automobiles occupying the structure.

PARKING LOT, COMMERCIAL (trucks)—An area or structure devoted to the parking or storage of trucks for a fee. May include, in the case of a parking structure only, a facility for servicing of trucks providing such facility is primarily an internal function for use only by trucks occupying the structure.

PARKING SPACE—An area on a lot sufficient in size to store an automobile not less than nine (9) feet wide and twenty (20) feet long connected to a public street or alley by a driveway no less than ten (10) feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile. The parking spaces and connecting driveways for all businesses and residential uses shall be of asphalt or concrete surface.

PET SHOP—A retail use located inside a building where goods and services offered for pets, including birds, dogs, domestic cats, reptiles, fish and other small animals, are provided. The main use must be for retail sales and not veterinary or other pet services.

PHARMACY—A retail establishment having at least one licensed pharmacist which fills prescriptions on the premises for sale, and additionally sells non-prescription drugs, medicines and medical supplies.

PLACES OF ENTERTAINMENT OR EATING SERVING ALCOHOLIC BEVERAGES—Includes restaurants, bars, lounges and nightclubs and other indoor amusement facilities where alcoholic beverages are offered.

PLANNING AND ZONING COMMISSION—The agency appointed by the City Council as an advisory body authorized to recommend changes in the zoning of the City.

PLAZA—A public or privately owned open area adjacent to a building and accessible at the level of the sidewalk is adjoins (sic), unobstructed to the sky except for seating and other permitted amenities, and that occupies no smaller area than two thousand square feet (2,000 ft ² ). Minor changes in elevation, not to exceed two feet (2 ft.) above the level of the adjacent sidewalk, are permitted.

(Ord. of 5-10-2016)

PORTABLE BUILDING—A structure that was built off-site and moved to a lot, tract, or a piece of land for use as storage or commercial use, and/or that does not have a concrete slab or a perimeter beam with footings, and is not habitable according to the Building Code. All portable buildings shall be anchored and shall be considered as accessory buildings.

PRIVATE GARAGE—An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.

R

RADIO OR TELEVISION MICROWAVE TOWER (commercial only)—A structure supporting antennae for transmitting or receiving any portion of the radio or television spectrum, but excluding noncommercial installations for home use.

RAILROAD TRACK OR RIGHT-OF-WAY—But not including railroad stations, sidings, team tracks, loading facilities, docks, yard or maintenance areas.

RECYCLING FACILITY—A business which collects, packages, and stores recyclable materials.

RESIDENTIAL ZONE—Any lot or tract zoned with the designation of A, SF-1, SF-2, SF-3, 2F, MH, GR, or MF primarily intended for residential living in single-family homes, duplexes, multi-unit residences, townhouses, condominiums, or mobile/manufactured homes.

RESTAURANT—Any place where food is prepared and intended for individual portions to be sold.

RETAIL SALES OF ALCOHOLIC BEVERAGES—A package store, bottle shop or similar retail outlet for the sale of wine, beer, spirits and liquor, approved by the Texas Alcoholic Beverage Commission (TABC).

RETAIL STORE AND SHOP—Service offering all types of goods for sale from within a building.

RIGHT-OF-WAY LINE (also known as property line and street line)—A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line. (See Appendix A, # 3)

S

SCHOOL, BUSINESS OR TRADE—A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college or commercial art school.

SCHOOL, PRIVATE—A school under the sponsorship of a private or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

SEASONAL TEMPORARY OUTDOOR SALES—Temporary retail sale of seasonal items such as Christmas tree or pumpkin sales which take place outside.

(Ord. 046-2019, § 2, 12-10-2019)

SETBACK—Distance between the lot line and the outermost building wall or post, also called setback line. (See Appendix A, # 1)

SEXUALLY ORIENTED BUSINESS—Includes the following definitions:

Adult Bookstore—An establishment which is, [as] one of the primary business purposes, offers for sale, rental or trade for any form of consideration books, magazines, periodicals or other printed materials, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or instruments, devices or paraphernalia which is designed for use in connection with "specified sexual activities" or which depict "specified anatomical areas."

Adult Motion Picture Theaters—A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on "specified sexual activities" or the exposure of "specified anatomical areas."

Specified Sexual Activities—Includes 1) human genitals in a state of sexual stimulation or arousal; 2) sex acts, normal or perverted, actual or simulated, including intercourse, masturbation, oral copulation, sodomy; 3) fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; 4) excretory functions as part of or in conjunction with any of the activities set forth in 1 through 3 above.

Specified Anatomical Areas—1) less than completely and opaquely covered: a) human genitals; b) buttocks; and c) female breasts below a point immediately above the top of the areola; and 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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

Adult Arcades—Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Adult Motels—A motel, hotel or similar establishment which: 1) offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which has a sign visible from a public right-of-way which advertises the availability of this type of photo graphics; or 2) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or 3) allows a tenant or an occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

Adult Theaters—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 distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or the exposure of "specified anatomical areas."

Escort—A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person.

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

SHOOTING RANGE—An area used for the discharge of firearms using live ammunition, including target, silhouette, skeet, trap, black powder, self-defense or similar recreational and/or professional shooting activities.

SHORT-TERM RENTAL—A privately owned dwelling, including but not limited to a single-family dwelling, multiple family attached dwelling, townhome, condominium, twin-family home, manufactured home, or any portion of such dwellings, rented to the public for financial consideration, and used for dwelling and sleeping purposes for any period less than thirty (30) consecutive days.

( Ord. No. 013-2021 , § 1, 4-13-2021)

SIGN—An outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure for display on a premises. (See detailed definitions in Article 9, Signs.)

SNOW CONE OR SHAVED ICE STANDS, TRAILERS—-A stationary structure or a wheeled trailer selling flavored ice for human consumption, the act of which requires a Temporary Use Permit by the City Manager as outlined in Article 8, Chapter [Section] 8-5.

(Ord. No. 046-2019, § 2, 12-10-2019)

STORAGE WAREHOUSE—A building primarily for the use or storage of goods and/or provisions not including hazardous chemicals or dangerous materials such as dynamite, etc.

STORY—The height between the successive floors of a building or from the top floor to the roof being 11.5 feet (or ten (10) feet if no physical floors are established such as in the case of a cellular tower).

STREET—Any thoroughfare or public driveway, other than an alley, thirty (30) feet or more in width, which has been dedicated or deeded to the public for public use.

STRUCTURE—A combination of materials held or put together in a specific way to form a construction for use, occupancy or ornamentation, whether installed on, above, or below the surface of land or water. Note that all buildings are considered structures; however, not all structures are buildings. See also Buildings.

(Ord. No. 046-2019, § 2, 12-10-2019)

SWIM OR TENNIS CLUB—A private residential club with restricted membership, usually of less area than a Country Club, but including a clubhouse and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public.

T

TEMPORARY FIELD OFFICE—Portable building or temporary building used as field office for a real estate development or construction project and subject to removal at direction of Building Official.

TEMPORARY PORTABLE WIRELESS TELECOMMUNICATION FACILITY—A device on wheels needed to provide service to special or seasonal events or to construction sites that are likely to cause a substantial but temporary increase in wireless telecommunications traffic.

(Ord. No. 046-2019, § 2, 12-10-2019)

TEMPORARY WORKFORCE HOUSING—A site used exclusively or primarily for the temporary housing of construction, industrial, oil and/or gas field workers and related support jobs in one or more standard constructed structures and/or modular or industrialized housing units. Subject to any and all special conditions and/or safeguards as may be imposed by the Council and/or incorporated in the approval.

(Ord. of 7-23-2013)

TOWING OR WRECKED VEHICLE STORAGE—A service to tow motor vehicles which cannot be moved under their own power, such business shall include a vehicle storage lot to store motor vehicles involved in accidents which cannot otherwise move under their own power. No wrecking, salvage dismantling or sales of used auto parts shall be conducted from towing or wrecker service premises, or from the premises on which such vehicles are stored. Additionally, no such vehicles may remain on the lot for a period in excess of ninety (90) days.

TOWNHOME—A single-family residential dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof. A yard or public way shall lie on at least two sides of the end units.

(Ord. of 10-14-2014)

TRAILER PARK—See Mobile/Manufactured Home Park.

TRAVEL TRAILER OR RECREATIONAL VEHICLE—A trailer equipped to be transported or towed and used for temporary occupancy, which does not exceed Transportation Code standards. Recreational vehicles are motorized; travel trailers are towed. Recreational vehicles and travel trailers are prohibited residential living units in the city unless the recreational vehicle or travel trailer is properly authorized pursuant to this Code.

( Ord. No. 018-2021 , § 1, 4-13-2021)

TWINHOME—Two single-family residential dwelling units sharing a common wall. Such wall shall be constructed to meet the latest international Building Codes.

(Ord. of 10-14-2014)

U

URBAN DESIGN REVIEW—The process in which overall design features of large-scale development is analyzed by staff to ensure the compatibility of large-scale buildings with neighboring uses, other buildings, and the public realm.

(Ord. of 11-18-2014)

UTILITY LINE—The facilities provided by the City of Big Spring or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service.

W

WINERY—See definition for Microbrewery, Microdistillery, and Winery.

(4-24-2018)

WIRELESS COMMUNICATION TOWER/EQUIPMENT—See Article 11 for definitions related to this industry.

WRECKING OR SALVAGE YARD—A facility generally working with metal materials including wrecking of automobiles or other vehicles and often including the storage and sale of used vehicle parts.

Y

YARD—An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point thirty (30) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features.

YARD, FRONT—An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the main building to the front lot or street line and the main building as specified for the district in which it is located. (See Appendix A, #3)

YARD, REAR—An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and rear lot line as specified in the district in which the lot is situated. (See Appendix A, # 3)

YARD, SIDE—An open, unoccupied space or spaces on one or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front lot line shall be deemed a side yard. (See Appendix A, # 3)

Z

ZERO LOT LINE—A single-family residential dwelling unit with one side located on the side lot line whereas the other side maintains a minimum ten (10) foot building setback.

(Ord. of 10-14-2014; Ord. No. 046-2019, § 2, 12-10-2019)

ZONING BOARD OF ADJUSTMENT—-A citizen court appointed by the City Council to hear and consider variances, special exceptions, and appeals to the standards established in the Zoning Ordinance.

(Ord. No. 046-2019, § 2, 12-10-2019)

ZONING MAP, CITY OF BIG SPRING—The official certified map upon which the boundaries of the various Zoning Districts are drawn, and which is an integral part of the Zoning Ordinance.