The purpose of this chapter is to establish zoning regulations and districts in accordance with the city comprehensive use plan for the purpose of promoting health, safety, morals and general welfare of the city. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, of the character of each district and its peculiar suitability for the particular uses specified, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community consistent with the city comprehensive land use plan. Nothing herein shall be construed to grant permanent zoning.

(Ord. No. 04-008, exh. A(app. B(3)), 6-22-2004)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

General.

Administrative official means the individual charged with the administration and enforcement of this chapter, or his duly authorized representative.

Alley means a public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Basement means a building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.

Block means an area enclosed by streets and occupied by or intended for buildings; or if used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side.

Breezeway means a covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.

Building means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building line means a line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

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

Court means an open, unoccupied space bounded on three or more sides by the 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 side open to a street, alley, yard or other permanent space.

Density means the number of dwelling units permitted per net acre of land. A net acre of land does not include portions of streets or alleys.

District means a section of the city for which the regulations governing the area, height, or use of the land and buildings are uniform.

Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping.

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

Family means any number of persons living together as a single nonprofit housekeeping unit in which not more than four individuals are unrelated by blood, marriage, or adoption. Notwithstanding such definition, a family shall be deemed to include five or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are persons with disabilities, as defined in title VIII of the federal Civil Rights Act of 1968, as amended by the Federal Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Fence means an open or solid enclosure designed to contain or prevent intrusion. An open fence is one in which the vertical surface thereof is not less than 70 percent open. A solid fence is one in which the vertical surface thereof is not greater than 30 percent open and may be considered as a screening element. See also Screening element.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodway means the channel, river, or other watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

Floor area means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, carports, or garages.

Floor area ratio (FAR) means an indicated ratio between the number of square feet of total floor area in the main building on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.

Glare means a sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Grade means the average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Height means 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 highest point of the roofs surface if a flat surface;

(2)

To the deck line of mansard roofs; or

(3)

To the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height.

If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Impervious coverage means any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

Infrastructure means the essential facilities such as water, sewers, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the protection of the health, safety, and general welfare.

Landscaping means live plant material including grass, shrubs, trees, and flowering plants as required by city landscape regulations.

Loading space, off-street, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot means a parcel of land which is shown on an approved plat recorded in the Johnson, Hood, or Parker County plat records.

Lot, corner, means a lot abutting upon two more streets at their intersection.

Lot, flag, means a lot with access provided to the bulk of the lot by means of a narrow corridor.

Lot, interior, means a lot that is other than a corner lot.

Lot, through, means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lot shall provide a front yard on each street.

Lot area means the area of the horizontal plane bounded by the vertical planes through front, side, and rear lot lines.

Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot depth means the horizontal mean distance between the midpoint of the front and the midpoint of the rear lot lines.

Lot line, front, means the boundary between a lot and the street on which it fronts.

Lot line, rear, means the boundary line not intersecting a front lot line which is most distant and most closely parallel to the front lot line.

Lot line, side, means any lot boundary line not a front or rear line thereof.

Lot lines means the property lines bounding a lot as defined herein.

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

Main(principal)building means the buildings on a lot which are occupied by the primary use.

Masonry means that form of construction composed of brick, stone, concrete, gypsum, hollow-clay tile, glass block, fiber cement board, stucco or similar building units or materials or combination of these materials laid up unit by unit and set in mortar The term "masonry" does not include exterior insulated finish systems (EIFS).

Nonconforming building means a building which legally existed prior to the adoption, revision, or amendment of the ordinance from which this chapter is derived but that does not meet the limitations on building size or location on a lot for the district in which the building is located, or for the use being made of the building.

Nonconforming lot means a lot which was in compliance with applicable regulations prior to the adoption, revision, or amendment of the ordinance from which this chapter is derived, but which fails by reason of adoption, revision, or amendment to conform to the lot requirements for the district in which it is located.

Nonconforming use means a use of land which legally existed at the time of the effective date of the ordinance from which this chapter is derived, or subsequent amendments thereto, which does not conform to the use regulations of the district in which it is situated.

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

Open space means 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 or porches.

Parking space, off-street, means a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be within any public street, or alley, right-of-way, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room shall be estimated at 300 square feet for residential uses and 400 square feet for nonresidential uses, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements in this chapter are provided, maintained and improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city. All required off-street parking spaces shall be provided and maintained wholly within private property lines and not within any public highway, street or alley right-of-way.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the city council. Reference to a final plat in this chapter means an official plat of record which has been approved by the city council and filed in the plat records of Johnson, Hood, or Parker County.

Premises means land together with any buildings or structures occupying all or any portion of the land.

Private drive, street, or place means an open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.

Property line. See Lot line.

Residence means the same as a dwelling; when used with the word "district," the term "residence" means an area of residential regulations.

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

Screening element or device means screening element (device) or suitably screened as herein referred, shall mean any of the following:

(1)

Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent-type material, the vertical surface of which is not more than 30 percent open;

(2)

Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition;

(3)

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge or other dense planting material.

Semitrailer means a vehicle designee or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.

Setback, building, means the minimum horizontal distance between the front wall of any projection of the building (excluding steps) and the street line (same as the term "building line").

Special exception means a use that would not be generally appropriate without restriction throughout the zoning district but which, if controlled as to number, area, location, intensity or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted as special exceptions by the zoning board of adjustment, after public hearing thereon. See article XIV, division 2 of this chapter.

Specific use means the use of any building, structure, or land not specifically allowed by district regulations, but permitted as a specific use in accordance with article III, division 3 of this chapter.

Story means that part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level.

Street means a public way between two right-of-way lines (other than an alley or private drive) which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.

Street line means the right-of-way line of a street.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the city building code.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings and mobile homes.

Thoroughfare means those public streets designated on the city thoroughfare plan as "thoroughfares."

Trailer means a vehicle that is designed or used to carry a load wholly on its own structure; and is drawn or designed to be drawn by a motor vehicle.

Variance means a variance is a relaxation by the board of adjustment of the dimensional regulations of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. See article XIV, division 2 of this chapter.

Vehicle means and includes motor vehicles, motorcycles, trailers and semitrailers.

Yard, front, means a yard across the full width of the lot extending from the building line to the front line of the lot abutting a street. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, rear, means a yard between the rear lot line and the rear line of the main building and the side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, side, means a yard between the building and the sideline of the lot and extending from the front yard to the required minimum rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this chapter.

(b)

Land uses.

Accessory building means a subordinate building having a use customarily incident to the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.

Accessory use means a use customarily incidental to the main use of the property.

Agricultural use means the use of a parcel of land for farming or ranching and shall include the structures that are normally associated with agricultural uses. However, this use shall not include commercial dairies, commercial dog kennels, commercial hatcheries, and commercial mink, fox, rat, or other fur bearing animal farms, or the farming of swine or exotic animals.

Ambulance service means an establishment which provides ambulatory transport of persons, to or from a medical facility, for a fee.

Amusement center, indoor, means a facility providing game equipment for entertainment and amusement as its primary source of income. Games contained in the facility may include coin operated machines utilizing balls, pins, and baskets, video equipment, and pinball. Other equipment may include skill games such as pool, billiards, bowling, shuffleboard, darts, and batting cages. Any combination of these games may be used in the facility. Games of wagering and chance, including 8-liners, categorized as gambling are prohibited and not included in this use.

Amusement center, outdoor, means an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.

Animal grooming means an establishment that offers to the general public the service of animal grooming for domestic pets. No boarding or medical care is provided.

Animal pound, shelter means a facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Antique shop means an establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations which have value and significance as a result of age, design, or sentiment.

Apartment means a room or suite of rooms arranged, designed, or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.

Apparel alteration and repair or tailor shop means an establishment offering individual alteration, repair, or creation of clothing apparel to the public.

Appliance repair, household, means a shop specializing in repair of household appliances.

Art gallery means an establishment offering works of art for viewing and sale to the general public.

Arts, crafts, and hobby shop means an establishment offering for sale those items commonly associated with hobbies, including display areas for hobbies.

Assembly hall means a building and associated facilities dedicated to social or recreational activities serving the city or a neighborhood.

Assembly plant means a facility for the assembly of equipment including automobiles, trucks, farm machinery, railroad cars, engines, and appliances from components fabricated for the most part in other locations.

Athletic field and play field, commercial, means an athletic field or stadium owned and operated privately, including a baseball field, golf course, football field, or stadium which may be lighted for nighttime play.

Athletic field and play field, public, means an athletic field or stadium owned and operated by a public agency for the general public, including a baseball field, golf course, football field, or stadium which may be lighted for nighttime play.

Auction house means a place where objects of art, furniture, or other goods are offered for sale to persons who bid on the object in competition with each other.

Auditorium means a large building and associated facilities for gathering an audience for speeches and performances.

Auto auction means an enclosure or area, including outside storage, designed for the sale of automobiles at auction or using other sales techniques.

Auto car wash means an area and/or structure with machine or hand operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles.

Auto impound lot, wrecker business, means an establishment offering the service of towing, impounding, and temporary storage of vehicles either which have been in an accident or are illegally parked.

Auto paint and body shop means an automotive shop with a primary purpose of repairing and painting the outside surfaces of automobiles, trucks, and vans, and repairing and replacing the upholstery of such vehicles.

Auto parts and accessory sales means an automotive shop with a primary purpose of selling new parts and accessories for automobiles, trucks, and vans.

Auto rental (car and truck) means an establishment primarily engaged in the short-term rental or extended term leasing of automobiles and trucks, not including truck tractors or semi-trailers.

Auto repair garage means an enclosed facility designed for the repair and maintenance of automobiles, trucks, and vans with outside storage allowed but no outside repair or maintenance conducted.

Auto sales, new and used, means an open area or lot used for the display or sale of automobiles, trucks, and vans, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises.

Auto service station means an establishment for the retail sales of petroleum products, automobile accessories, auto tune-up, muffler installation incidental to the primary use, tire installation or repair, oil change or other lubricate services in which all services provided and all storage, supplies, parts, equipment, and accessories are indoors, with the exception of fuel-dispensing operations.

Auto service station, light maintenance, means a premises where gasoline and other petroleum products are sold or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall include automobile inspection services but shall not include areas where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

Bakery, retail confectionery, means a shop offering for sale on premises those baked goods or candies made on premises or off premises. No production for off-premises sale is allowed.

Bakery, wholesale candy, means a manufacturing facility for either baked goods or candy with the purpose of selling the products at off-site retail locations.

Bank, savings and loan association, financial institution means a building or premises offering banking, savings and loan, and other financial services, not including pawn shops as herein defined.

Barbershop, beauty salon, other personal shop means an establishment which provides personal services including haircuts, perms, color treatments, manicures, pedicures, and other personal beauty services.

Boardinghouse means a building other than a hotel, where lodging and meals for five or more persons, not members of the principal family therein, are served for compensation.

Bottling works means a facility for the bottling of products for off-site retail sales.

Building material sales means a distribution and sales center for retail and wholesale hardware, plumbing, lumber, and other materials used in the building trade.

Building materials manufacturing means a facility for the production of building materials which include fiberglass, wallboard, shingles, etc.

Bus, train, and taxi station or terminal means a facility that provides for regularly scheduled transit services, passenger lounges, ticketing, and customer parking.

Cabinet and upholstery shop means a shop for the assembly of cabinetry for domestic use and furniture repairing, refinishing, and upholstery.

Campground and related facilities means an area that is occupied or intended or designed for occupancy by transients using recreational vehicles, tents, or other temporary dwellings for dwelling, lodging, or sleeping purposes. The use may also include cooking facilities, bath houses, and recreation areas. The term "campground and related facilities" does not include a manufactured housing community.

Caretaker's residence, guard's residence, servant's quarters means a residence located on a premises with a main nonresidential or residential use occupied only by an employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is accessory. Manufactured homes are not permitted for this use.

Carport means a structure built and used for the shelter and protection of motor vehicles against the elements and consisting of a roof and supports, open on three sides from roof to adjacent ground level.

Catering service means a facility where food is prepared in large quantities to be transported to, served, and consumed at an off-site location.

Cemetery, mausoleum, crematorium means an area or structure designed to contain the remains of humans or animals for permanent interment.

Clinic means a public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped, or otherwise in need of physical or mental diagnosis, treatment, care, or similar service.

Collectibles shop means a retail establishment offering such collectible items as sports trading cards, comic books, and stuffed animals for sale to the general public.

Community center means 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, morals, or general welfare of the city.

Contractor, no outside storage permitted, means a business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems, which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. No outside storage permitted.

Contractor, outside storage permitted, means a business such as an electrician, mechanic, or plumber whose primary use provides a service by installing electrical, mechanical, or plumbing systems; which also may have limited sales of electrical, mechanical, or plumbing supplies or equipment as a secondary use incidental to its primary use. Outside storage permitted.

Contractors' storage or equipment yard means an area located on the same lot or separate lot as a principal use, used for outside storage of construction equipment, including vehicles and construction material.

Convenience store, with or without fuel sales means a premises where gasoline and/or other petroleum products are sold as a principal use, and in connection with the principal use, a convenience store offering for sale prepackaged food products, household items, and other goods commonly associated with the same.

Convent, rectory, monastery means the building, buildings, or premises occupied by a religious community or association as a residence and a place of work and worship.

Copy shop means a small commercial printing shop which sells on-site most of the items printed along with associated items.

Cosmetic tattoo establishment means an establishment where trained personnel apply micro-injections of pigment to the dermal layer of skin such that facial cosmetics are applies on a permanent basis. This does not include a tattoo parlor.

Country club means an area containing a golf course and a clubhouse and available only to private specific membership. Such a club may contain adjunct facilities such as a private club (only in conformance with these regulations and applicable state statutes), dining room, swimming pool, tennis courts, and similar recreational or service activities.

Dairy processing means a commercial plant for the storage and processing of milk and milk products.

Day care center, adult, means an agency at which six or more disabled or elderly adults not related to the proprietor, are left for care for a part of the 24 hours of the day.

Day care center, child, means an agency at which six or more children, under the age of 16 years and not related to the proprietor, are left for care for a part of the 24 hours of the day.

Day care, in the home, means a private residence where care, protection, and supervision are provided on a regular schedule, at least twice a week to no more than six children, including children of the adult provider.

Department store means a store offering a variety of comparison and consumptive goods at retail price to the general public.

Disabled means having a physical or mental impairment that substantially limits one or more of the person's major life activities so that such person is incapable of living independently; a record of having such an impairment; or being regarded as having such an impairment. The term "disabled" does not include current illegal use of or addiction to controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the disabled" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

Dwelling, assisted living facility, means a facility intended to provide dwelling units for occupancy by persons requiring the level of care and support defined by the state as "supervised living."

Dwelling, guesthouse, means a residential dwelling, which may include living, sleeping, bathing, and kitchen facilities but is secondary to the main dwelling structure and is used solely for habitation of guests on a temporary basis and at no compensation.

Dwelling, industrialized housing, means a detached residential building that is designed for the use and occupancy of one family, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term "industrialized housing dwelling" does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term "industrialized housing dwelling" does mean nor apply to housing constructed of sectional or panelized systems not utilizing modular components or any ready-made home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Dwelling, manufactured housing or mobile home, means mobile and manufactured homes are differentiated as follows:

Mobile home is a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or when erected on site, is 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.

HUD code manufactured home is 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 or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length; or, when erected on site, is 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.

Dwelling, multifamily, means a residential building containing three or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family attached, means an attached residential building, not including a mobile home or HUD Code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, single-family detached, means a detached residential building, not including a mobile home or a HUD code manufactured home, which contains not more than one dwelling unit per lot of record.

Dwelling, two-family, means a residential building containing two dwelling units.

Electrical generating station means a facility designed to convert electrical current from other energy sources for consumption by dwellings and other structures.

Electrical substation means a facility designed to convert electrical current to a different phase or voltage prior to consumption by dwellings and other structures.

Electrical transmission line means a high voltage line used to transmit electrical current to or between electrical substations or long distances and customarily associated with towers.

Electronics manufacturing means a facility for the production of printed circuit boards, microchips, and other electronic parts which may be assembled on site into end products such as computers, televisions, radios, and communication equipment.

Exterminating service means a business providing extermination services for household pests, including insects and rodents.

Factory outlet, retail or wholesale store, means an establishment that offers goods and products to the public that are obtained direct from the manufacturer at prices that reflect savings due to the reduced cost of said direct distribution.

Farm machinery and implement sales and service means an enclosed area designed for sales and repair of farm machinery.

Funeral home, mortuary means a building or part thereof used for human funeral services. Such building may contain space and facilities for cremation facilities, embalming, and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related supplies; and the storage of funeral vehicles. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Furniture, fixture, and appliance store means a retail establishment offering home furnishings, fixtures, and appliances to the general public.

Garage, private, means an enclosed two-car accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles and recreational vehicles, owned and used by the owners or tenants of the premises.

Garage, public, means a building or portion thereof, except as herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use. Facilities for washing may be provided.

Garage, repair, means a building or space for the repair or maintenance of motor vehicles, not including factory assembly of vehicles, auto wrecking establishments, or junkyards.

Gas regulator station means a station used to regulate the flow or pressure of gas in a pipeline.

Gift shop means a shop offering gifts, souvenirs, and associated products for sale.

Golf course, driving range, means an establishment offering areas for driving of golf balls including "pitch and putt" facilities.

Golf course, miniature, means an establishment offering facilities for miniature golf.

Golf course, private, means grounds and facilities used in the playing of the game golf, for use by private membership.

Golf course, public, means grounds and facilities used in the playing of the game golf, privately owned but open to the public for a fee and operated as a commercial venture.

Go-cart track and other motor vehicle track or facility means a private, commercial enterprise offering outdoor go-cart tracks to the general public for a fee or charge. A go-cart is a non-licensed motorized low horsepower vehicle powered by either a gas or electrical motor to be used for the purpose of entertainment, generally having the capacity of one driver/operator. The term "go-cart track and other motor vehicle track or facility" does not include remote control vehicles.

Governmental administration facility means a building or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public.

Greenhouse orplant nursery means an establishment operated for commercial purposes, offering plants grown on premises and off premises and associated products for sale for use in connection with home gardening activities.

Grocery store means a retail store primarily engaged in the retail sales of all sorts of canned goods, dry goods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry.

Group home for the disabled or disadvantaged means a dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.

Gymnasium means a building or room used for physical education and sports, which may be equipped with gymnastic or other sports-related equipment and which may have seating in which spectators may view sports activities.

Hardware store means an establishment offering hand tools, small building materials, and associated convenience items for sale to the general public.

Health club, recreation facility means an indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop, gymnasiums, private clubs (athletic, health, or recreational), reducing salons, and weight-control establishments.

Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft with no fueling facilities.

Hobby studio, private, means an accessory activity area, used by the occupants of the premises purely for personal enjoyment, amusement, recreation, or cultivation of artistic talents.

Home occupation means an occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof. See article V of this chapter.

Hospital means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities. Hospitals may include supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff, and visitors.

Hotel, motel means a building or portion thereof in which ten or more guest rooms are provided for occupancy for compensation by transient guests.

Junk means and includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, subject to being dismantled for junk.

Kennel means a lot or premises on which four or more dogs, cats or other domestic animals at least four months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.

Laboratory, medical and/or dental, means a facility with materials and scientific and technological equipment designed for scientific experimentation, examination, evaluation, and documentation for medical and other technologies.

Landscape service means a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements necessary to support or sustain the landscaped surface of the ground.

Laundry, dry cleaning full service, means a retail establishment providing full-service laundry and dry cleaning services to the general public.

Laundry, dry cleaning pickup and receiving station means a retail establishment providing a drop-off and pick-up point for customers to leave wearing apparel or other material in need of laundry and dry cleaning and pick up of items when laundered and/or dry cleaned.

Laundry, dry cleaning self-service, means a retail establishment providing facilities for customers to launder or dry clean wearing apparel or other materials.

Library means buildings and structures open for the general public, for which a fee may or may not be charged for the use of book and other media collections.

Lithography or print shop means a large commercial printing shop with multiple presses and capabilities.

Locksmith shop means a shop that specializes in making, selling, and repairing keys, locks, and associated material.

Lodge, fraternal, sorority, and clubs means an association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on policies and business.

Machine shop means a shop that manufactures metal products through the use of presses, stamps, and dyes.

Machinery sales or repair means a facility for the storage, repair, outside sales, or rental of heavy machinery or equipment.

Manufactured housing park or subdivision means a parcel of land not less than three acres in size developed for rental or sale of lots for the installation for residential uses of HUD code manufactured housing.

Manufactured or industrialized housing sales or rental means an area devoted to outside sales or rental of HUD code manufactured homes or industrialized housing; for off-premises residential use only.

Manufacturing facility(light) means a facility used for sub-assembly, or assembly of sub-assemblies for industrial purposes, and may conduct manufacturing that does not emit noise, odor, dust, or other hazards.

Meat market means a retail facility that offers meat, fish, and poultry products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises.

Meat product processing means a facility for processing cuts of meat from offsite into finished products.

Medical, dental, and optical retail sales means an establishment offering prescription and over the counter products for sale.

Medical, dental office, means offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.

Medical equipment sales, rental, and leasing service means an establishment including offices, stores, and display rooms for the display, sale, rental, and leasing of medical equipment.

Mini-warehouse means a building or group of buildings in a controlled access and fenced compound consisting of varying sizes of individual, compartmentalized, and controlled access, self-contained units that are leased or owned for the storage of business and household goods or contractor supplies.

Motor freight terminal means a facility with the capability of handling a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to truck and truck to air.

Museum means an institution for the collection, display, and distribution of objects of art or science which is sponsored by or owned and operated by the city, a public or quasi-public agency, and which facility is open to the general public.

Music store means an establishment offering music, musical instruments, and other related items for sale to the general public. Such establishment may offer repair services of musical instruments.

Nursing home means a structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age, including developments containing convalescent or nursing facilities.

Office, business, means an office in which chattels or goods, wares, or merchandise are not commercially displayed, created, sold, or exchanged.

Office, professional, means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations, including, but not limited to, insurance broker, public stenographers, real estate broker, stockbroker, doctor, dentist, and other persons who operate or conduct offices which do not require the stocking of goods for wholesale or retail sales.

Office, real estate development tract or field office means a temporary office for the purpose of selling real estate to the general public located on or adjacent to the real estate being offered for sale.

Office machine sales and service means a shop specializing in the sale and repair of office machinery.

Office supply store means a store that specializes in office supplies.

Optician shop means a shop that manufactures optical devices, especially eyeglasses.

Park means public or private land available for recreational, educational, cultural, or aesthetic use.

Parking area means an area for the driving, parking, display, or storage of motor vehicles.

Parking lot, commercial (auto), means a structure or lot devoted to the temporary parking of automobiles for a fee.

Parking lot, commercial (truck), means a facility for temporary parking of currently commercial licensed trucks in excess of one ton, for a fee.

Pawnshop means a shop specializing in making small loans against personal property or buying used personal goods from individuals.

Pet shop means a shop offering small animals for sale, with associated goods and services.

Pharmaceutical plant means a facility for the production of drugs for medicine.

Pharmaceutical products manufacturing means a facility for the production of drugs for medicine.

Pharmacy means an establishment offering prescription and over the counter pharmaceuticals and other associated products for sale to the public.

Philanthropic and/or charitable use means a nonprofit organization supported mainly by charity and whose principal function is the performance of charitable work.

Photographic equipment sales and service means a shop that specializes in the sale and repair of photographic equipment.

Photographic service means an establishment offering drop-off of film for processing and pickup of developed photographs and related services.

Plastic products manufacturing means a facility for the production of molded products constructed out of plastic, fiberglass, or other composite material.

Private club means an establishment providing social and dining facilities as well as alcoholic beverage service to an association of persons and otherwise falling within the definition of and permitted under the provisions of that portion of V.T.C.A., Alcoholic Beverage Code ch. 32, as it pertains to the operation of private clubs.

Public maintenance building, storage yard means a structure or yard that is used for storage of equipment, materials, or other property and that is owned and maintained by a governmental entity.

Public safety facility, police and fire, means a facility designed to provide public protection from dangers of fire and crime, including civil defense, operational centers, police and fire stations, and training facilities.

Public utility means a closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety, and welfare.

Radio, television studio means a facility designed to create and broadcast original source programming, or relay commercial programming from another source, including taped or pre-recorded materials for any part of the radio spectrum for commercial consumption.

Railroad freight terminal means a facility for the assembly or storage of freight to or from rail cars.

Recreational ranch or farm means an establishment incorporating a variety of rural uses, including sports arenas, rodeo grounds, pavilions, animal stables, and facilities which may be rented for private parties.

Recreational vehicle storage (commercial) means a facility or location which, upon payment of a fee, provides for the parking and storage of recreational vehicles.

Recycling collection center means a building in which used materials such as newspapers, glassware, and metal cans are separated and processed prior to shipment to others who will use those materials to manufacture new products.

Religious institution means facilities in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or propagating a particular form of religious belief.

Rental store means an establishment that provides equipment and goods for rent by the general public to be used off site. All storage of rental equipment and goods shall be contained within the limits of the primary structure.

Rental yard, commercial and heavy equipment, means an establishment that provides heavy equipment for rent to contractors or the general public to be used off site. The storage of rental equipment or goods may occur either within the limits of the primary structure or may be displayed and stored outside of the primary structure. Areas reserved for repairs and maintenance of all equipment or goods must be within the primary structure.

Restaurant means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building. Such use includes cafés, lunchrooms, and tea rooms.

Restaurant, drive-in, drive-through, means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Restaurant, refreshment stand (temporary or seasonal), means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages from a temporary or permanent building on a temporary or seasonal basis.

Rodeo ground/fairground means an outdoor entertainment area providing an arena for rodeo activities, including grandstands and bleachers for the viewing public, storage pens, and facilities for the caring and presentation of livestock, and open area for exhibits and carnival activities.

Roominghouse means a building other than a hotel where lodging for three but not more than 12 persons is provided for definite periods for compensation pursuant to a previous arrangement.

Salvage yard means an area for salvage of metals, and/or other fabricated products, which may include a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.

School, business college, means a facility that provides a curriculum limited to the teaching of office and business practices and skills.

School, college or university, means an academic institution of higher learning, accredited or recognized by the state, and offering a program or series of programs of academic study leading to a recognized degree or advanced degree, including junior and senior colleges, universities, conservatories and seminaries.

School, commercial instruction, means a facility that instructs and trains students in the arts, such as of music, dance, gymnastics, or martial arts, and is primarily operated on a commercial basis.

School, commercial trade, means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, and similar manual trades.

School, home, means educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in the home of a student living in the home. Said educational activities shall be considered to be a part of the housekeeping activities of a family.

School, home day, means educational activities consisting of a defined curriculum with the purpose of satisfying the state educational requirements and said educational activities being conducted in a home but not necessarily the home of the student living therein. There shall be no more than six unrelated students not living in the home in which the educational activities are being conducted. The total number of students living in the home in which the activities are being conducted shall not exceed 12 at any given time.

School, institution, rehabilitation, and training center means a facility that provides rehabilitation and training operated or sponsored by chartered educational, religious, or philanthropic organizations, but excluding uses such as trade schools, which are operated primarily on a commercial basis.

School, nursery, means an establishment providing for the care, supervision, and protection of children.

School, primary or secondary, means a public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.

School, vocational, means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements of a vocational facility.

Shoe repair means an establishment offering shoe repair service to the general public.

Sign shop, painted or silkscreened, means a retail business offering signs and banners for sale.

Skating rink means an establishment that provides facilities for participant ice or roller skating.

Stable, commercial, means a building designed for the keeping of horses or mules used for pleasure riding or driving, for boarding, or for hire, including a riding track.

Stable, private, means a building designed for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire, or sale.

Stockyard means an area designed to receive and transfer large quantities of livestock, containing a number of holding pens, loading and unloading areas, ramps, and other facilities required for the handling of large quantities of livestock.

Stone monument sales means a retail establishment offering for sale stone monuments produced off-premises, excluding cutting of slabs.

Storage and warehousing establishment means a facility that is constructed such that large quantities of products or goods may be stored for extended periods of time. Said facility may be equipped with loading ramps and docks that facilitate the loading and off-loading of semi-trailer vehicles.

Storage yard means facilities to store any equipment, machinery, building materials, or commodities, including raw, semi-finished, and finished materials outside at ground level.

Studio means a facility for professional work or teaching of any form of commercial or fine arts, photography, music, drama, dance, but not including commercial gymnasium or dance hall.

Swimming pool, water park, commercial, means a swimming pool and accessory facilities, not part of the municipal or public recreation system, and not a private swim club, but where the facilities are available to the general public for a fee.

Swimming pool, private, means a swimming pool and accessory facilities constructed for the exclusive use of the proprietor, when located in other than the minimum front yard.

Tattoo parlor/body piercing studio means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:

(1)

Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;

(2)

Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Taxidermist shop means an establishment offering the services of taxidermy.

Taxidermist studio means a retail establishment offering for sale to the public the products produced by a taxidermist at a separate location.

Telephone exchange, switching, or relay means a facility for the exchange, switching, relaying, or transmission of telephone services, not including public office facilities, storage, or repair facilities.

Textile manufacturing means and includes knitting, weaving, printing, and finishing of textiles and fibers into fabric goods.

Theater, indoor motion picture, means an establishment offering motion pictures for viewing by the public.

Tobacco shop means a retail establishment offering for sale to the public tobacco products and accessories.

Utility building and structures means operations such as power substations, water tanks or reservoirs, water or sewage treatment plants, also including supportive structures such as pump and lift stations.

Veterinarian office, large animal practice, means the offices of a doctor of veterinary medicine with on-site treatment of large domestic animals, which may consist of livestock and/or other farm animals and may include outside treatment pens, shelters, or barns.

Veterinarian office, small animal practice, means the offices of a doctor of veterinary medicine with on-site treatment of small domestic animals, which consist primarily of household pets and animals that are not sheltered in pens or barns (excluding dog runs and pens).

Veterinary hospital with outside pens means an office and clinic of a doctor of veterinary medicine for small domestic animal practice including outside treatment pens.

Veterinary hospital without outside pens means an office and clinic of a doctor of veterinary medicine for small domestic animal practice, without outside treatment pens.

Video/game rental means a commercial establishment that provides as a service a library of video movies and video games which may be rented on a short-term basis and returned for reuse.

Warehousing and freight office and storage means a use engaged in storage, wholesale sales, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Watch and/or jewelry sales and repair means an establishment offering watches and jewelry for sale to the public, and offering repair services for jewelry, watches, and similar items.

Welding or machine shop means a facility for the machining and welding of metals, not including forging or structural welding.

Wireless transmission or receiving facility means a structure or structures supporting antennas and/or commercial satellite antenna dishes which are transmitting or receiving any portion of the radio spectrum including wireless communication facilities but excluding noncommercial antenna installations for home use of radio or television. See article X of this chapter.

(c)

Signage.

Area of sign means the total area within the extreme rectangular perimeter of the attraction area intended to draw attention to the sign. Supporting structures shall not be included in calculations. The area of the sign with two faces, approximately opposed, shall be that of the larger face if such condition prevails; but, if the angle between the panes of the opposing faces exceeds 30 degrees, the total area of both faces shall be considered the sign area. For multisided or circular signs, the calculation shall include all of the projected area.

Awning means an architectural projection which provides weather protection, identity, or decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which another cover is attached, which may be of fabric or other material. Such sign may be raised or retracted to a position against the building and may be illuminated.

Banner means a sign made of paper, plastic, or fabric, with or without a frame, containing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric. The term "banner" does not include a flag.

Billboard means a sign which directs attention to a business, person, organization, activity, event, place, commodity, product, or service conducted, sold, or offered at a location other than the premises on which the sign is located.

Builders directional sign means a temporary sign which provides direction or instruction to guide persons to sites where new homes are under construction, usually off-premises.

Canopy means a structure made of metal or other material with a frame supported by either one or more columns or the building to which it is accessory and is open on two or more sides.

Construction sign means a temporary sign identifying individuals or companies involved in design, construction, wrecking, financing, or improvements of the premises where work is under construction.

Directory sign means a sign which indicates the name and/or address of the tenants or occupants, the address of the premises, and/or identification of any business or occupation which may exist on the premises.

External illumination means illumination of a sign by an artificial source of light which is not contained within the sign itself.

Flag means any fabric containing distinctive color, pattern, or symbols, used as a symbol of a government, political subdivision, nonprofit organization, or corporation that is flown from flagpoles.

Flashing sign means an illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color at all times when the sign is illuminated. For the purposes of this chapter, any moving illuminated sign affected by intermittent lighting shall be deemed to be a flashing sign.

Gross surface area means the area of the smallest rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentation, or other fixtures, material, or color forming part of the sign. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports become enclosed for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. Gross surface area shall be measured on one side only of a two faced (back to back) sign carrying the same image and message on both faces. Two-faced signs carrying different messages and images on each side shall be considered as separate signs.

Ground sign means a sign not wholly supported on a building, or which has its main supporting structure depending on the ground for attachment.

Illuminated sign means a sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes, or other means that are specifically placed to draw attention to, or provide night time viewing of, the subject matter on the sign face.

Illumination, external, means lighting by means of an unshielded light source (including neon tubing) which is effectively visible as an external part of the sign.

Illumination, internal, means lighting by means of a light which is within a sign having translucent background, silhouetting opaque letters or designs, on which letters or designs are placed, which are themselves made of translucent material.

Incidental signs means small signs of a noncommercial nature, intended primarily for convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephones, and so forth.

Inflatable sign means any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

Instructional sign means a sign limited to directional messages, principally for pedestrian and vehicular traffic, such as one-way, entrance, and exit.

Logo means any design or insignia of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual, company, or product.

Marquee means any hood or awning or permanent construction projecting from the wall of a building or other structure containing either permanent or changeable advertising.

Menu board means a sign displaying the menu for a drive-up window for a food establishment.

Monument sign means a permanent ground sign generally constructed out of brick, stone, or cast concrete supported on a concrete foundation across the entire base of the structure.

Moving sign means a sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the movement of parts or through the impression of movement, including automatic electronically controlled copy changes, but not including flags, banners, or pennants.

Nameplate sign means an on-premises nonilluminated sign identifying only the name, address, and/or profession of the occupant of the premises on which the sign is located.

Off-premises sign means a sign which directs attention to a business, person, organization, activity, event, place, commodity, product or service not conducted, sold, or offered upon the premises on which the sign is located.

On-premises sign means a sign which promotes or advertises a business, person, organization, activity, event, place, commodity, product, or service which is conducted, sold, or offered upon the premises where the sign is located.

Pennant means a wind device usually made of lightweight plastic, fabric, or other material whether or not containing a message of any kind, usually triangular in shape and attached to a single cord.

Permanent sign means a sign which is fixed in nature that is erected, affixed, or maintained on a premises for a period of time which is regulated by Table 1, Schedule for Permanent Signs.

Pole sign (also called "pylon sign") means a freestanding ground sign supported by one or more poles columns, uprights, or braces placed in or upon the ground and having no guys or braces to the ground or to any other structure.

Political sign means a temporary sign pertaining to any national, state, county, or local election that supports or opposes an announced candidate, political party, or issue of political significance.

Portable sign means any temporary sign supported by the ground but not attached to the ground, which can be regularly moved from a location at periodic intervals, and which is located upon the premises where the business, profession, activity, commodity, service, or entertainment referred to by the sign is located. The term "portable sign" includes the following:

(1)

A sign which is mounted on a trailer or wheels or is part of a trailer and by its design can be towed from one location to another by the use of attached wheels or by attaching an axle to existing mounts;

(2)

An "A-frame" type sign;

(3)

A sign affixed by pole or poles to a portable base made of wood, metal, or concrete;

(4)

A sign suspended or attached to a stand with an inverted "T" base; and

(5)

Any sign that the base is inserted into a sleeve mounted or driven into the ground which can be easily extracted from said sleeve by simply lifting or removing bolts.

Premises means a lot or tract, or a combination of contiguous lots or unplatted tracts if the lots or tracts or combination are under a single ownership and are reflected in the plat or deed records of Johnson, Hood, or Parker County. Multi-tenant locations shall be considered as being one premises.

Projecting sign means a sign suspended from a building or structure and projecting out there from more than one foot.

Pylon sign. See Pole sign.

Qualified street frontage means the width of property along the street of a commercial or industrial development which bears the address of the property.

Reader board sign means a sign comprised of non-permanent letters, numerals, or symbols which may be changed by adding, removing, or rearranging the letters, numerals, or symbols, either manually or electronically.

Real estate sign means a sign relating to the sale, lease, or rental of the premises upon which such a sign is placed.

Roof sign means a sign mounted upon, against, or directly above the roof or parapet line of a building or structure, or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

Search light means a large outdoor lighting apparatus used to attract attention to a business or a specific location.

Secondary sign means a sign located on premises identifying individual uses in a mixed use multi-tenant commercial shopping center.

Sight triangle means an area of unobstructed visibility on either corner of a street and/or driveway of at least 25 feet in any direction.

Sign means any name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light, or insignia, illuminated or nonilluminated, affixed directly or indirectly to or upon any building, window, door, or outdoor structure, which is visible to the general public and calls attention to any business, person, organization, event, commodity, object, product, service, place, or activity, including any permanently installed or situated merchandise or facsimile.

Street grade means the average elevation of the projected corners of a property, adjacent to a dedicated street right-of-way or roadway easement, the elevation of the corners being measured at the top of the curb, or the centerline of the street if no curb is present.

Temporary event means an event such as a "grand opening" or a "going out of business sale" which lasts for a period of time not to exceed 60 days.

Temporary sign means a non-permanent sign designed or intended to be displayed for a short period of time erected, affixed, or maintained on a premises and regulated by Table 2, Schedule for Temporary Signs. Trailer and portable signs are classified as temporary signs.

Vehicular sign means any sign, not including bumper stickers, on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of company vehicle that advertises only the company name, address, and/or logo, or temporary signs (with an area less than three feet) attached to vehicles which may be removed daily.

Wall sign means a sign attached or affixed to an exterior wall of a building or structure or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to the exterior building wall to which it is attached or by which it is supported and not extending more than 12 inches from said wall. A wall sign shall not extent above the wall or parapet to which the sign is attached. For the purpose of this section, awnings, canopy fascias, mansards extending along a building side shall be considered a part of the wall.

Warning sign means a sign containing no advertising material, warning the public of the existence of danger.

Window sign means a sign attached to, placed upon, or painted on the exterior or interior of a window or door of a building, which is intended for public viewing from the exterior of such building.

Yard sign means any sign of a temporary nature other than a development, real estate, builders or construction sign, which includes the advertisement of a service which has been performed on premise, or construction or repair that has been performed on premises.

(d)

Wireless communications facilities.

Antenna means a device used in communications which transmits or receives radio signals.

Antenna, building, attached, means an antenna attached to existing structures in two general forms roof-mounted, in which antennas are placed on the roofs of buildings, or building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.

Antenna facility means a building or independent support structure and the antennas mounted thereon, along with an associated and necessary equipment building.

Antenna, microwave, also known as a dish antenna, means a dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.

Antenna, panel, also known as a directional antenna, means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular devices approximately six square feet in size.

Antenna, whip, also known as an omnidirectional antenna, shaped cylindrically, means antennas which have diameters between two and six inches, and measure between one and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

Co-location means the act of locating wireless communications equipment from more than one provider on a single antenna facility.

Equipment storage means a small unmanned, single-story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.

Lattice tower means a tower having three or four support steel legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.

Monopole means an antenna facility composed of a single spire used to support communications equipment. No guy wires are used or permitted.

Satellite receive-only antenna means an antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite earth station antenna.

Stealth facility means an antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles and camouflaged wireless facilities that are constructed to blend into the surrounding environment.

(Ord. No. 04-008, exh. A(app. B(49.1), (49.3), (49.4)), 6-22-2004)

A zoning map for the city is adopted by reference as though set forth in this chapter. The map is available for inspection in the office of the city clerk.

(Ord. No. 04-008, § 2, 6-22-2004)

The city is exempt from any and all regulation contained herein, upon approval of the city.

(Ord. No. 04-008, exh. A(app. B(2)), 6-22-2004)

Any person, firm, association of persons, corporation, or other organization violating the provisions of this chapter shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed a separate offense.

(Ord. No. 04-008, § 4, 6-22-2004)

The city is hereby divided into nine straight zoned districts and one special district. The use, height, and development regulations as established are uniform in each district. The districts established herein shall be known as follows:

(Ord. No. 04-008, exh. A(app. B(4)), 6-22-2004)

(a)

The boundaries of the zoning districts are delineated on the zoning district map of the city, which is incorporated in and made a part of this chapter for all purposes.

(b)

Original, official, and identical copies of the zoning district map are hereby adopted and shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map of the city" together with the date of adoption. The zoning district map shall be filed and maintained as follows:

(1)

One copy shall be filed with the city secretary and retained as the original record and shall not be changed in any manner. A second reproducible copy shall be filed with the city secretary and shall be the official zoning district map. This map shall be maintained by posting on the map all changes and subsequent amendments after their enactment for the use of the city council.

(2)

One copy shall be filed with the administrative official and shall be maintained by posting on the map all changes and subsequent amendments.

(3)

Reproductions for information purposes may, from time to time, be made of the official zoning district map.

(Ord. No. 04-008, exh. A(app. B(5)), 6-22-2004)

(a)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(b)

Lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

City limits. Boundaries indicated as approximately following city limits shall be construed as following city limits.

(d)

Railroads. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(e)

Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drainage courses, creeks, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

(f)

Extensions of features. Boundaries indicated as parallel to or extensions of features indicated in subsections (a) and (b) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(g)

Vacated public way. Whenever any street, alley, or other public way is vacated by official action of the city council, the zoning district line adjoining each side of the street, alley, or other public way shall be automatically extended to the centerline of the vacated street, alley, or way, and all area so involved shall be subject to regulations of the extended districts.

(h)

Variance of physical features and official zoning map. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (g) of this section, the property shall be considered as classified in the RE Rural Estate District, in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of zoning shall be in accordance with the provisions provided in this section.

(Ord. No. 04-008, exh. A(app. B(6)), 6-22-2004)

(a)

Classification of newly annexed territory. All territory which hereafter is annexed to the city shall automatically be considered to be in the AG Agricultural District. The procedure for establishing zoning on annexed territory shall conform to the procedure established by state law for the adoption of original zoning regulations.

(b)

Alternative zoning of newly annexed territory. The city council or petitioners for annexation may request alternative zoning classifications in an area being considered for annexation. The city council may hold public hearings on annexation and zoning simultaneously and may approve the zoning of a newly annexed area at the time of annexation.

(c)

Construction in newly annexed territory. No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure, add to any building or structure, or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official. No permit for construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the AG Agricultural District.

(Ord. No. 04-008, exh. A(app. B(7)), 6-22-2004)

(a)

Conformance required. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(b)

Provisions of ordinance are minimum requirements. In their interpretation and application, the provisions of this chapter shall be construed to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals, and general welfare. Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.

(Ord. No. 04-008, exh. A(app. B(8)), 6-22-2004)

(a)

Required. No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the administrative official. No building permit shall be issued for any building or structure except in conformity with the provisions of this chapter. No permit for the construction of a building or buildings upon any land shall be issued until a building site has been created by the land being a platted lot appearing on a plat properly approved by the city and filed in the records of the county clerk of Johnson, Hood, or Parker County.

(b)

Application for building permit. All applications for building permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans shall be returned to the applicant by the administrative official, that has markings on the copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

(c)

Expiration of building permit. If the work described in any building permit has not begun within six calendar months from the date of issuance thereof, said permit shall expire, and work shall not proceed until a new building permit has been obtained.

(Ord. No. 04-008, exh. A(app. B(9.1)), 6-22-2004)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this chapter.

(b)

No permit for erection, alteration, moving or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.

(c)

A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

(d)

The administrative official shall maintain a public record of all certificates of occupancy.

(e)

Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under article XIV, division 4 of this chapter.

(Ord. No. 04-008, exh. A(app. B(9.2)), 6-22-2004)

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by article XIV, division 4 of this chapter.

(Ord. No. 04-008, exh. A(app. B(9.3)), 6-22-2004)

The city council shall not approve any plat until the area covered by the proposed plat is or shall be zoned to the proper zoning classification by the city council.

(Ord. No. 04-008, exh. A(app. B(10)), 6-22-2004)

(a)

Pre-existing uses. Uses that are in existence prior to December 1, 2003, shall be deemed to be legal nonconforming uses in accordance with article XIII of this chapter.

(b)

Pre-existing lots. Lots and parcels of land that are in existence prior to December 1, 2003, shall be deemed to be legal nonconforming lots and shall be exempt from the area requirements of the zoning districts. Lots or parcels having existing structures thereon prior to December 1, 2003, shall be exempt from the front, rear, and side yard setback requirements for all structures located thereon at that date. However, new construction for structures located thereon after December 1, 2003, shall be required to meet the setback requirements of the respective district applicable to that lot.

(c)

Pre-existing structures. Structures that are in existence prior to December 1, 2003, shall be deemed to be legal nonconforming structures and shall be exempt from the area and height requirements of the zoning districts. Said structures shall be permitted to be expanded, repaired, and remodeled without meeting the area requirements for structures. However, said structures are not exempted from the height regulations for new construction after December 1, 2003, that exceeds the regulations provided in the respective district applicable to the property on which that structure is located.

(Ord. No. 04-008, exh. A(app. B(11)), 6-22-2004)