(a)

Generally. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them in this section.

(b)

Terms.

(1)

Words used in the present tense shall include the future.

(2)

The singular number shall include the plural and the plural the singular.

(3)

Words stated in the masculine gender include the feminine.

(4)

The word "building" shall include the word "structure".

(5)

The words "shall," "must," and "will" are mandatory and directive.

(6)

The words "should" and "may" are discretionary.

(7)

The word "lot" includes the word "plot," "parcel," or "property".

(8)

The term "used for" includes the meaning "designed for" or "intended for."

(9)

The word "city" means Copperas Cove, Texas.

(10)

Any office referred to in this ordinance by title means the person employed or appointed by the city in that position, or their duly authorized representative, and includes any person designated to perform the duties of such office.

(11)

Definitions not expressly prescribed in this ordinance are to be construed in accordance with customary usage in municipal planning and engineering practices.

(12)

All references to other city, county, state, or federal regulations in this ordinance refer to the most current version and citation for those regulations unless expressly indicated otherwise. If the referenced regulations have been repealed and not replaced by other regulations, requirements for compliance are no longer in effect.

(13)

The word "and" shall be construed to include all connected items in a series or set of conditions or provisions.

(14)

The word "or" shall be construed to include one (1) or more of the items in a series or set of conditions or provisions, unless the context clearly indicates otherwise.

(15)

The use of terms such as "including," "such as," or similar language is intended to provide examples, not to be exhaustive lists of all possibilities, unless the context clearly indicates otherwise.

(16)

If any regulatory formula in this ordinance results in a non-whole number of an indivisible object or feature (for example, a buffer requiring 6.33 trees or a parking lot requiring 20.75 spaces), then the non-whole number shall be rounded down or up to the next lowest or highest whole number (in the buffer case, six (6), and in the parking lot case, twenty-one (21)), unless otherwise stated.

(17)

All references to "days" are deemed calendar days unless expressly indicated otherwise. The time in which an act shall be completed is computed by excluding the first day and including the last day. In computing working days, if applicable, Saturdays, Sundays, or holidays observed by the city are excluded. A day concludes at the close of business for the planning department, and any materials received after that time will be deemed to have been received the following day.

This section shows the acronyms and abbreviations used in this zoning ordinance and their meanings.

Ac. = Acre

BOA = Board of adjustment

BR = bedroom

CFR = Code of Federal Regulations

CO = Certificate of occupancy

Commission = Planning and zoning commission

Council = City council

dBA = Decibel

DNL = Day night level

DU = Dwelling unit

ETJ = Extraterritorial jurisdiction

GFA = Gross floor area

HOA = Homeowners association

Max. = Maximum

Min. = Minimum

NA = Not applicable

NP = Not permitted

POA = Property owners association

PZC = Planning and zoning commission

RV = Recreational vehicle

SFA = Single-family attached dwelling

SFD = Single-family detached dwelling

Sq Ft = square feet

TLGC = Texas Local Government Code

TxDOT = Texas Department of Transportation

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)

Accessory building. A detached building, subordinate to the main building on the lot, which is used for a purpose customarily incidental to the main building.

Accessory dwelling unit (ADU). A self-contained living unit located on the same parcel as a principal dwelling unit. Forms of ADUs may include an attached ADU that shares at least one (1) common wall with the principal dwelling unit and is not fully contained within the existing space of the principal dwelling unit; a contained ADU that is fully contained within the existing space of the principal dwelling unit or accessory structure; or a detached ADU that does not share a common wall with the principal dwelling unit and is not a contained ADU.

Accessory use. A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.

Administrative official. The development services director, city planner, or other duly assigned person by the city manager, shall administer, interpret and enforce the zoning and land use regulations.

Adult-oriented business. A commercial enterprise, the major business of which is the offering of a service of the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to a customer. See Section 2.5-2 of the City's Code of Ordinances for additional detail.

Agriculture. The tilling of the soil, raising of crops, farm animals, livestock, horticulture, gardening, beekeeping and aquaculture.

All-weather surface. A road surface consisting of an impervious bituminous surface over a compacted base or other surface approved by the building official.

Alley. A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Alteration. Any change, addition or modification in construction, occupancy or use.

Amusement facility (indoors). An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the boundary line of the property and including amenities such as a bowling alley, mini-golf, skating rink, an arcade or poolroom as defined in this chapter, a climbing wall, water slides or similar amusement amenities, but excluding game rooms.

Amusement facility (outdoors). Any amusement enterprise wherein any portion of the facility's amusement amenities are located outside of a building including amenities such as a golf driving range, archery range, miniature golf course, water slides, go-cart and skateboard facilities, or similar amusement amenities.

Animal lot. Any area for quartering any ungulate or hoofed (even-toed and odd-toed) animals including, but not limited to horses, cattle, sheep, goats, etc.

Apartment. A room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence.

Appeal. A request for review of a city administrative official's interpretation of any provisions of this chapter, or review of a decision regarding enforcement of this chapter by any board or commission appointed by city council.

Arcade. See section 12-80, Definitions, of the Code of Ordinances.

Area of lot. The square foot area or the acreage of a lot within the bounding property lines and exclusive of dedicated streets and alleys.

Art gallery or museum. An institution for the collection, display and distribution of objects of art or science, and which is sponsored by a public or general public agency and which facility is open to the general public.

Auto/truck/salvage and/or wrecking yard. A yard or building where automobiles, trucks or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.

Automobile and trailer sales area. An area, other than a street, used for the display, sale or rental of new or used automobiles, trucks or trailers, where no repair work is done, except minor reconditioning of motor vehicles or trailers to be displayed, sold or rented on the premises. Such area shall not include automobile wrecking or dismantling or the sale of salvaged parts.

Bed and breakfast means an overnight boarding establishment operated within a residential structure that is the owner's personal residence, is occupied by the owner at the time of rental, and where at least one (1) meal per day is offered to each person to whom overnight lodging is provided.

Block. An area enclosed by streets and occupied by or intended for buildings; or, if such word is used as a term of measurement, it shall mean the distance along a side of a street lying between the nearest two (2) intersecting streets which intersect the street on such side.

Board. Board of adjustment (BOA).

Boardinghouse or rooming house. A building, other than a hotel, where accommodations for five (5) or more persons are provided for compensation, pursuant to previous arrangements for indefinite periods, but not to the public or transients.

Building. Any structure built for the support, shelter and enclosure or protection of persons, animals, chattels or movable property of any kind.

Building height. The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

Building line. A line parallel or approximately parallel to the street property line and beyond which buildings may not be erected.

Building official. The building official or person charged with the enforcement of the building codes of the city.

Building permit. An official permit issued by the city to allow a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any structure.

Business park. A zoning district intended to provide for limited commercial services, limited local retail, research and development, and manufacturing uses in planned centers, but excluding heavy manufacturing, resource extraction, or mining. The district is further intended to be located adjacent to major collector roads to facilitate truck travel, and with significant separation and buffering from residential uses.

Caretaker's quarters. An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for individuals employed on the premises and not rented or otherwise used as a separate domicile.

Carport. A roofed accessory building open on three (3) sides when attached to the principal building or accessory building and open on four (4) sides when detached from the principal building, covered with a roof of any material supported by structural steel, wood columns, or masonry piers.

Center line, streets or alleys. An imaginary line located generally midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the city engineer.

Certificate of occupancy. An official certificate issued by the city, which indicates conformance with or approved conditional waiver from the zoning regulations and building codes and authorizes legal use of the premises for which it is issued.

City council. The governing body of the city.

Clinic. A building which a group of physicians, dentists and allied professional assistants are associated for the purpose of treating and diagnosing ill or injured outpatients. A clinic may include a dental or medical laboratory or a dispensing apothecary.

Club or lodge. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Code enforcement officer. The building inspector, code/health officer, or any other person charged with the enforcement of the City's Code of Ordinances.

Commission. The planning and zoning commission.

Common area. Private property which is designated for the private use of the owners or occupants of the area. Uses include, but are not limited to, recreation areas, parks and plazas, gateways, ornamental features, areas open to the general view within the project or subdivision, and building setbacks not otherwise required by ordinance. The common area does not include public streets, alleys, required building setbacks or utility easements.

Community center. A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety or general welfare of the city.

Comprehensive plan. The declaration of purposes, policies and programs for the physical development of the city's jurisdiction, including the future land use plan, thoroughfare plan, and all the maps and plans, which are incorporated therein.

Conditional use. A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. A conditional use may be approved following a public hearing by city council for a conditional use permit, based on the conditional use standards.

Condominium. A single-dwelling unit in a multi-unit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.

Convalescent home. Any structure used for or occupied by persons recovering from illness or suffering from other infirmities.

Court. An open, unoccupied space bounded on more than two (2) sides by the exterior walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one (1) side open to a street, alley, yard or other permanent, open space.

Coverage. The percentage of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of two (2) feet from the walls of a building shall be excluded from coverage computations.

Customarily incidental use. A use of a building or premises, not involving the conduct of business, which use is only secondary to the principal use and is necessary to the enjoyment of the premises for any of the principal uses permitted within a zoning district.

Day care, group. An establishment for the care and/or instruction, whether or not for compensation, of seven (7) or more persons at any one (1) time. Child nurseries, preschools, and adult care facilities are included in this definition.

Diligence means a constant and earnest effort to complete activities proposed as part of an approved application.

District. A zoning district; a section of the city for which the regulations governing the area, height and use of buildings and land are uniform.

Donation bin. A receptacle located outdoors that is installed, displayed, operated, or maintained for the purpose of collecting donated items from the public, including but not limited to used clothing, toys, small electronics, sporting goods, and similar household items or materials.

DU/A. Abbreviation for "dwelling unit per acre."

DU. Abbreviation for "dwelling unit."

Dwelling. Any building or portion thereof which is designed for, or used for, residential purposes.

Dwelling, multifamily. A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.

Dwelling, patio/garden home. A type of detached, single-family dwelling with a zero-lot line allowed on one (1) side of the lot.

Dwelling, single-family. A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one (1) family.

Dwelling, two-family. A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by two (2) families.

Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.

Family. One (1) or more persons who are related by blood or marriage, living together and occupying a single dwelling with single kitchen facilities, or a group of not more than five (5) (excluding caretakers) living together by joint agreement and occupying a single dwelling with single kitchen facilities, on a nonprofit cost-sharing basis.

Farm animals. Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.

Fence. A framework of pickets, masonry, boards, rails, or other materials enclosing land by barring passage.

Flea market. A periodic market held in an open area or within a structure, where groups of individual sellers offer their goods for sale to the public. Flea markets are typically characterized by no long-term lease arrangements between individual sellers and flea market operators.

Floodplain. The area outside the floodway, which is still subject to inundation by the regulatory flood.

Floodway. The channel of a stream and adjacent land areas which are required to carry and discharge the floodwater of flood flows of any stream associated with the regulatory flood with an allowable maximum increase in water surface above the regulatory flood of one (1) foot.

Floor area, gross. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if suitable, from the centerline of dividing walls; this includes courts and decks or porches when covered by a roof.

Frontage. The width of a lot or parcel abutting a public right-of-way measured at the front property line.

Game room. See section 12-80, Definitions, of the Code of Ordinances.

Garage, private. An accessory building for private storage of motor vehicles.

Garage, public. A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

Group care facility. A facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes, or those suffering the effects of drugs or alcohol; this does not include day care centers, family day care homes, foster homes, schools, hospitals, jails or prisons.

Home occupation. Refer to section 20-3-5, Accessory Use and Structures.

Hospital. An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.

Hotel. An establishment where lodging is provided for compensation and, usually, for periods of less than one (1) week. Unless otherwise specified by district regulations, hotels may serve meals to both occupants and others. For purposes of these regulations, the term "hotel" shall be construed to include motel and motor court.

Household pets. Dogs, cats, rabbits, birds, hens, etc., for family use only (noncommercial) with cages, pens, coops, etc. See Chapter 3, Animals and Fowl, of the City's Code of Ordinances.

Improved hard surface. Any street, driveway, alley, or parking lot surface paved with asphalt, concrete, brick pavers, or other approved uniform, hard material so as to provide a durable and dust-free surface for vehicular traffic.

Kennel. Refer to Chapter 3, Animals and Fowl, of the City's Code of Ordinances.

Limited use. A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. A limited use may be approved administratively, using the limited use standards.

Loading space. A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

Lot, corner. A lot situated at the junction of two (2) or more streets.

Lot, depth of. The mean horizontal distance between the front and rear lot lines.

Lot, double frontage. A lot having frontage on two (2) essentially parallel streets.

Lot, interior. A lot other than a corner or double frontage lot.

Lot lines. Lines edging a lot.

Lot of record. A lot which is part of a subdivision, the plat of which has been duly recorded in the office of the county clerk.

Lot width. Width of a lot at the front building line.

Manufactured home. A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, that in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Manufacturing. An activity which involves the mechanical, chemical or heat transformation of unfinished or partially-finished material into a useful product.

Mixed-use. A development with a combination of residential and commercial uses. Mixed-use may be vertical, where upper-story residential exists on floors above retail in a single building, or it may be horizontal, where residential exists in close proximity to commercial, but in separate buildings.

Mobile home. A structure that was constructed before June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Modular home. A structure that is manufactured at a location other than the home site, utilizing assembly-line type production techniques or other construction methods unique to the manufacturing process. The module structure is transported from the manufacturing plant in one (1) or more sections on a temporary chassis or other conveyance device and designed to be used as a permanent dwelling when installed on a permanent foundation. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. All modules shall bear a permanently affixed "decal" issued by the Texas Department of Labor and Standards and indicating compliance with the standards, rules and regulations established by the department for modular homes. The term shall not include nor apply to:

(1)

"Sectional" or "panelized" housing where the basic components assembled at the home site are less than three-sided modules.

(2)

A home which is singly and separately constructed for relocation, and built to the city building code,

(3)

Modules incorporating concrete or masonry as primary structural component, or

(4)

A mobile home as defined in this chapter.

Mortuary, funeral home. An establishment in which the deceased are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.

Motel. A building or group of buildings designed, arranged or used for temporary occupancy having accommodations for housing, parking of automobiles in close proximity to the quarters occupied by the owner of such automobile and providing for six (6) or more such quarters. The term "motel" shall include all establishments coming under the general classification of "drive-in hotel," "tourist court," and any other such establishment that houses visiting transient clientele.

Nonconforming lot. A lot whose width, area or other dimension did not conform to the regulations when this Code became effective.

Nonconforming structure. A building or structure or portion thereof lawfully existing at the time this Code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.

Nonconforming use. A use that was lawfully existing before the time this Code became effective, and which does not now conform with the zoning and land use regulations.

Nursing home/convalescent home. A home where ill, handicapped, or elderly people are provided with lodging and meals with or without nursing care.

Off-street parking. An enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle.

Open space. Where required in a cluster subdivision and outside of the AR district, land areas that, in perpetuity, are not occupied by buildings, structures, parking areas, streets, alleys or platted lots. Open space shall be permitted to be devoted to landscaping, preservation of natural features, and recreational areas and facilities in order to meet the minimum common open space requirement of a zoning district for an entire subdivision. Common open space may be open to the general public or open to only residents of its associated subdivision. In the AR district, open space has the same characteristics, but may consist of a portion of a private property or pad site, according to the standards in subsection 20-2-5(d), AR, Alternative Residential.

Outdoor display of merchandise. The outdoor display or sale of finished products actively available for sale. This definition does not include products in shipping boxes, crates, on pallets, or other shipping containers, which shall be considered outdoor storage.

Outdoor storage. The storage of any item outside of an enclosed building or structure that is not accessible to the general public. This includes, but is not limited to, garden supplies; building supplies; plants; materials stored in crates or boxes; lumber yards; pipe; contractor's equipment; and other similar uses.

Park. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.

Parking lot. An open area, other than a street, used for the parking of vehicles.

Parking space, off-street. An area for parking where the maneuvering of the vehicle while parking and backing out, as well as parking itself, is done entirely off of the street right-of-way, and where access to the area is by means of driveway approach built to the standards of the city enclosed or unenclosed.

Parkway. That public right-of-way situated between the curb or edge of a street and the property line of the land adjacent.

Planning and zoning commission. The planning and zoning commission of the city, established in accordance with the home rule authority of the city, and having authority to review and recommend and take final action of development review applications specified in Table 20-6-1(k)-1, Summary of Procedures.

Poolroom. See section 12-80, Definitions, of the City's Code of Ordinances.

Recreational area. An area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses.

Recreational or vacation travel vehicle/trailer. A vehicular portable structure designed for temporary or short-term occupancy for travel, recreational or vacation uses. Such a vehicle shall include vacation travel trailers, pick-up campers, boat trailers, motor homes, converted bus, tent trailer, or smaller device used for temporary portable housing.

Recycling collection and processing center. A facility that is not a salvage yard and in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed or bundled, essentially by hand or machine.

Recycling collection point. Any accessory use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is permitted. Such a facility would be generally located in an easily accessed area where no reduction in the required parking would result. It should be reasonably free from noxious odors, rodents, insects and refuse.

Religious, cultural and fraternal activity. A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.

Residential structure. Any structure containing one (1) or more dwelling units and their accessory uses.

Restaurant, drive-in. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design, method of operation, or any portion of whose business includes one (1) or both of the following characteristics:

(1)

Foods, frozen desserts, or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.

(2)

The consumption of foods, desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is encouraged or permitted.

Restaurant, fast food. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or carry-out for consumption off the premises, and whose design or principal method of operation includes two (2) or more of the following characteristics:

(1)

Foods, frozen desserts, or beverages usually served in paper, plastic, or other disposable containers.

(2)

The restaurants are self-service. Customers wait on themselves.

(3)

The menu is posted rather than printed.

Restaurant, fast food with drive-through. Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for off-premises consumption only and which are served directly to the customer in a motor vehicle through a service window or similar means.

Restaurant, standard. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one (1) or both of the following characteristics:

(1)

Customers, normally provided with an individual menu, are served their foods, frozen desserts, or beverages by a restaurant employee at the same table or counter at which said items are consumed.

(2)

A cafeteria-type operation where foods, frozen desserts, or beverages generally are consumed within the restaurant building.

Sale. The word "sale" shall mean sales at both wholesale and retail unless specifically stated otherwise.

Satellite dish antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device, along with appurtenances, shall be used to transmit, and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations and satellite microwave antennas.

Scrap material. Any manufactured articles or parts rejected or discarded and useful only as material for reprocessing.

Scrap yards for waste materials. A place where discarded or salvaged materials are stored, sold, exchanged, baled, packed, disassembled, or handled; large bulky items.

Screening device. A structure such as a fence or wall not less than six (6) feet high nor greater than eight (8) feet high which serves as a visual screen. A structure in excess of eight (8) feet in height shall be deemed a wall and shall be subject to the provisions of the building code of the city. Screening may be accomplished by use of berming, evergreen shrubs, trees, bushes, provided the screening effect closely resembles that furnished by a wall or fence when approved by the administrative official.

School, commercial. A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum.

Secondhand merchandise store. The term shall include surplus stores, rummage shops and flea markets and similar activities.

Setback. The minimum required distance between the property line and the building line.

Short-term rental (STR) means a residential dwelling unit or portion thereof that is leased for less than thirty (30) days for a fee. STRs are typically furnished and used as a secondary residence for the owner or solely as an investment property with the primary purpose of being a STR.

Site plan. A plan that outlines the use and development of any tract of land.

Story. That portion of a building, other than cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street or right-of-way line.

Street. Public or private thoroughfare which affords the principal means of access to abutting property.

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

Subdivision. (As defined in Chapter 17.5, Subdivisions, in the City's Code of Ordinances.)

Substantial improvement. Any repair, reconstruction or improvement of a structure which increases the floor area of an existing structure by fifty (50) percent or more, or the cost of which equals fifty (50) percent or more of the market value of an existing structure, either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged, and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

TLGC. TLGC means the Texas Local Government Code.

Theater. A building used primarily for the presentation of live stage productions, performances or motion pictures.

Tiny house. A dwelling unit that is factory or site-built on a permanent foundation in accordance with applicable codes, laws, and standards.

Tiny house community. A group of tiny houses, all under a single ownership, that are arranged in common relationship to one another, usually surrounding a shared common open space.

Tobacco and related products. Any product in leaf, flake, plug, liquid (such as e-cigarette liquid), or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this ordinance, this term excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Townhouse. A single-family dwelling constructed in a series or group of attached buildings having not less than two (2), nor more than nine (9) contiguous units.

Townhouse group. Two (2) or more townhouses constructed as an integral part of a townhouse project.

Townhouse project. One (1) or more townhouse groups, together with commonly owned structures or areas.

Unoccupied. A property on which all buildings are unused or not being used for a permitted activity.

Use. The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.

Use, principal. A use that fulfills a primary function of a household, establishment, institution or other entity.

Use, temporary. A use that is authorized by this Code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.

Vacant. A property on which there is situated no structure(s).

Variance. A modification or variation of the provisions of this ordinance, as applied to a specific piece of property as distinct from rezoning.

Veterinary service. An establishment for the care and medical treatment of large animals and domestic household pets having treatment and boarding facilities both in an enclosed building and outside pens or runs enclosed by a permanent type of fencing.

Warehouse, wholesale or storage. A building or premises in which goods, merchandise or equipment is stored for eventual distribution.

Yard. An open, unoccupied space on a lot, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this Code.

Yard, exterior. A yard extending from the building to a street-side property line.

Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.

Yard, rear. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high-water line and a line parallel thereto.

Yard, side. An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high-water line.

Zero lot line. A side lot line of a lot on which a structure is permitted to be located all the way to the edge of the lot; that is the side yard width is zero. May or may not be common wall construction.

Zoning administrator. The city manager or his/her designee, acting in the capacity of the administration of this ordinance and interpretation of the requirements.

Zoning district. A classification within which the regulations specified are uniform and which is assigned to a particular area of the city by delineation upon the zoning district map.

Zoning district map. 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.

(Ord. No. 2023-36, § 2(Exh. A), 10-17-23)