For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.

Abut: To physically touch or border upon; to share a common property line but not overlap (see Adjoining Lot or Land).

Accessory Building: A subordinate building to the main building used for purposes accessory and incidental to the main use.

Accessory Dwelling: A subordinate building that is detached from the main building, used as a residence, and is not involved in the conduct of a business.

Accessory Use: A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith.

Adjoining Lot or Land: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

Airport or Landing Field: A place where aircraft can land and take off that is usually equipped with hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.

Alcoholic beverage: Alcohol, or any beverage containing more than one-half of one (½) percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

All-Terrain Vehicle (ATV): Any motorized, off-road vehicle fifty (50) inches or less in overall width, having a dry weight of six hundred (600) pounds or less, designed to travel on three (3) or more low pressure tires, having a seat designed to be straddled by the operator and handle bars for steering control.

All-Weather Surface: A created surface, such as brick, stone, concrete, or asphalt, placed on the land to facilitate pedestrian or vehicular passage, as may be required. Also may be referred to as paving or pavement.

Alley: A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Ambulance: A motor vehicle used to transport sick or injured people with medical needs to, from, or between places of treatment for an illness or injury. Ambulances can be cars, trucks, helicopters, boats, or airplanes. Ambulances may be staffed with paramedics, nurses, doctors, emergency medical technicians, or a combination of healthcare providers.

Ambulance Service, Emergency Medical Services (EMS) and other similar uses: Any part of a public or private system designed to respond to medical emergencies and provide pre-hospital or in-hospital treatment and-or transport to definitive care by paramedics, emergency medical technicians (EMTs) and certified first responders (CFRs). The terms also often refer to ambulances and first responders, though emergency medical services (EMS) may include all services necessary to help ill or injured people return to the state of health they enjoyed before their emergencies. Also known as: EMS, first responders, ambulance services, emergency medical system.

Amusement, Indoor: A commercial amusement enterprise that is wholly enclosed within an acoustically-treated building so that noise generated by the enterprise is not perceptible at the Adjoining Lot or Land or of an adjoining lot or land, and that provides activities, services and/or instruction for the entertainment of customers or members for a fee, but not including Amusement Arcades. Uses may include, but are not limited to, the following: bowling alley, ice-skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.

Amusement, Outdoor: A commercial amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

Amusement, Temporary: Outdoor or indoor commercial amusement provided on a temporary or seasonal basis, examples of which include a carnival or haunted house.

Amusement Arcade: Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten (10) percent of the public floor area is devoted to four (4) or more Amusement Devices that are operated for a profit, whether the same is operated in conjunction with any other business or not.

Amusement Devices: Devices including but not limited to coin-operated pinball machines, video games, electronic games, shuffle boards, billiard tables, or other similar amusement devices. The term does not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery, or other similar sports.

Animal Shelter: A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Antenna: A device used in communication which transmits or receives radio signals.

Antique Shop: A retail establishment engaged in the selling of works of art, furniture and/or other artifacts of an earlier period, with all sales and storage occurring inside a building.

Appliance Service and Repair: The maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.

Applicant: A person who submits or files an original or renewal application with the city, the county judge, or the Texas Alcoholic Beverage Commission for a license or permit.

Approved Plan: A plan that has been granted final approval by the appropriate approving authority in accordance with this Ordinance.

Art Gallery/Museum/Dealer: An institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.

Assisted Care, Acute Care, or Living Facility: A facility providing primarily in-patient health care, personal care, or rehabilitative services over an extended period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization. Also referred to as "nursing home," "convalescent home," or "long-term care facility."

Automobile: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, light duty trucks and sport utility vehicles, vans and mini-vans, motor scooters and motorcycles.

Automobile Accessories and Parts, New Retail Sales: The use of any building or other premise for the primary inside display and sale of new parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Automobile Accessories and Parts, Used Retail Sales: The use of any building or other premise for the primary inside display and sale of used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Automobile Accessory Installation, Minor: Installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, and similar accessories.

Automobile Dealer, Primarily New Sales: Retail sales of new automobiles or light load vehicles, including, as an accessory use, the sales of used automobiles or light load vehicles and the service of new or used vehicles. Includes other new vehicles, such as boats.

Automobile Dealer, Primarily Used Sales: Retail sales of primarily used automobiles or Light Load vehicles. Includes other new vehicles, such as boats.

Automobile Rental: Storage or renting of automobiles and light trucks.

Automobile Repair, Major: General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust-proofing; and other similar uses.

Automobile Repair, Minor: Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; and other similar minor services for motor vehicles except Heavy Load Vehicles.

Automobile Storage or Automobile Auction: The storage or impoundment, on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include Wrecking Yards.

Automobile Wash, Full-Service or Detail Shop: Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle does not actually wash the vehicle. The owner either leaves the vehicle and comes back to retrieve it later, or the owner waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

Automobile Wash, Self-Service: Washing, waxing or cleaning of automobiles or light duty trucks where the owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Bakery, Retail: A facility for the production, distribution, and/or sale of baked goods directly to the public.

Bakery, Wholesale: A manufacturing facility for the production, distribution, and/or sale of baked goods and confectioneries to retail outlets.

Bank or Financial Institution: An establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds, examples of which include banks, saving and loans, and credit unions.

Bar/tavern: An establishment that derives seventy-five (75) percent or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages.

Barn: A structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.

Basement or Cellar: A portion of a building that is partly or wholly underground.

Bed and Breakfast Inn: A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five (5) rooms for transient guests for compensation, generally for a period not to exceed seven (7) days.

Beer: A malt beverage containing one-half of one (½) percent or more of alcohol by volume and not more than four (4) percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.

Bingo Chairperson: An officer or member of the board of directors of a licensed authorized organization who is designated in writing by the organization as responsible for overseeing the organization's bingo activities and reporting to the membership relating to those activities.

Bingo Equipment: Equipment used, made, or sold for the purpose of use in bingo. The term:

A.

Includes:

(i)

A machine or other device from which balls or other items are withdrawn to determine the letters and numbers or other symbols to be called;

(ii)

An electronic or mechanical card minding device;

(iii)

A pull-tab dispenser;

(iv)

A bingo card;

(v)

A bingo ball; and

(vi)

Any other device commonly used in the direct operation of a bingo game; and

B.

Does not include:

(i)

A bingo game set commonly manufactured and sold as a child's game for a retail price of twenty dollars ($20.00) or less unless the set or a part of the set is used in bingo subject to regulation under this chapter; or

(ii)

A commonly available component part of bingo equipment such as a light bulb or fuse.

Bingo Game(s), Bingo or Game: Except as provided by Section 2001.551, a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols conforming to randomly selected numbers or symbols.

Bingo Occasion: A single gathering or session at which a bingo game or a series of bingo games, including selling and redeeming pull-tab bingo tickets, are conducted on the day and at the times listed on the license issued to a licensed authorized organization.

Bingo Operations: As used in this Ordinance shall mean a state licensed authorized organization engaging in the operation of bingo as authorized by Chapter 2001 of the Texas Occupations Code, as amended, or other applicable state law.

Birthing Centers or Mid-Wife Facilities: A licensed place, facility, or institution at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth as issued under V.T.C.A., Health and Safety Code, Tit. 4, Health Facilities, Subtit. B Licensing of Health Facilities, ch. 244 Birthing Centers.

Block: An area within the City enclosed by streets and occupied by or intended for buildings. If used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side.

Board of Adjustments (BOA): A board appointed by the City Council authorized to approve variances and special exceptions to the Zoning Ordinance, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance. Also referred to as the Zoning Board of Adjustments (ZBA) and having such other authority as designated by the City Council.

Boarding or Rooming House: A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three (3) or more persons, but not to exceed eight (8) persons.

Bounding Property Line: The far side of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line.

Building: Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

Building Height: The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs (see Figure 1. Building Height).

Building or Setback Line: A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected, and marking the building envelope, which is the area in which a building may be erected.

Building, Accessory: See Accessory Building.

Building, Main: A building in which the primary or principal use of the lot on which it is situated is conducted.

Building Materials Sales: The indoor or outdoor sale of materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales.

Building Official: The person designated by the City Manager to serve as the Building Official for the City. When used in this Ordinance the term Building Official shall include the designees of the Building Official.

Building Site: The tract, parcel or lot of land area which is being developed and which is designated on the building permit application, together with all contiguous tracts or parcels of land held under common ownership and any existing buildings and associated parking.

Buffer: A specified land area, together with the planting and landscaping required on any building site, which may also contain a barrier, such as a berm or a fence, where such additional screening is necessary to achieve the desired level of buffering between various activities and provides a year-round visual obstruction.

Bus Station or Terminal: Any premises for the transient housing or parking of motordriven buses, and the loading and unloading of passengers.

Cabinet or Upholstery Shop: A business for the construction and/or sale of cabinets or the upholstery and reupholstery of furniture.

Caretaker's or Security Guard's Housing: A residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises (e.g., residence for guard in a private street development, residence for a guard/manager/caretaker for a self-storage facility or a restricted access business park).

Carport: A structure that is open on a minimum of two (2) sides and designed or used to shelter vehicles.

Cemetery or Mausoleum: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Certificate of Occupancy: An official certificate issued by the City through the Building Official which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Chapter 245: Refers to Chapter 245 of the Texas Local Government Code, as amended.

Charitable Purpose: A purpose described by Section 2001.454. (Sec. 2001.454. Use of Net Proceeds for Charitable Purposes.

(a)

A licensed authorized organization shall devote to the charitable purposes of the organization its net proceeds of bingo and any rental of premises.

(b)

Except as otherwise provided by law, the net proceeds derived from bingo and any rental of premises are dedicated to the charitable purposes of the organization only if directed to a cause, deed, or activity that is consistent with the federal tax exemption the organization obtained under 26 U.S.C. Section 501 and under which the organization qualifies as a nonprofit organization as defined by Section 2001.002. If the organization is not required to obtain a federal tax exemption under 26 U.S.C. Section 501, the organization's net proceeds are dedicated to the charitable purposes of the organization only if directed to a cause, deed, or activity that is consistent with the purposes and objectives for which the organization qualifies as an authorized organization under Section 2001.002.)

Child-Care: Foster Family Home (Independent): Per the definition of the Department of Family and Protective Services (DFPS), a single independent home that is the primary residence of the foster parents and licensed to provide care for six (6) or fewer children up to the age of eighteen (18) years. See Chapter 42 of the Human Resources Code for more information.

Child-Care: Foster Group Home (Independent): Per the definition of the Department of Family and Protective Services (DFPS), a single independent home that is the primary residence of the foster parents and licensed to provide care for seven (7) to twelve (12) children up to the age of eighteen (18) years. See Chapter 42 of the Human Resources Code for more information.

Child-Care: Licensed Child-Care Center: Per the definition of the Department of Family and Protective Services (DFPS), an operation providing care for seven (7) or more children younger than fourteen (14) years old for less than 24 hours per day at a location other than the permit holder's home. See Chapter 42 of the Human Resources Code for more information.

Child-Care: Licensed Child-Care Home: Per the definition of the Department of Family and Protective Services (DFPS), the primary caregiver provides care in the caregiver's own residence for children from birth through thirteen (13) years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed twelve (12). See Chapter 42 of the Human Resources Code for more information.

Child-Care: Listed Family Home: Per the definition of the Department of Family and Protective Services (DFPS), a caregiver at least 18 years old who provides care in the caregiver's own home for compensation, for three or fewer children unrelated to the caregiver, ages birth through 13 years. Regular care is provided, which is care provided for at least four hours a day, three or more days a week, and more than nine consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed 12. See Chapter 42 of the Human Resources Code for more information.

Child Care: Registered Child-Care Home: Per the definition of the Department of Family and Protective Services (DFPS), a caregiver who provides regular care in the caregiver's own home for not more than six (6) children from birth through thirteen (13) years. Child day care can be provided for six (6) additional school-aged children before and after the customary school day. The total number of children in care at any given time, including the children related to the caregiver, must not exceed twelve (12). See Chapter 42 of the Human Resources Code for more information.

Church, Temple, or Other Place of Worship: A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory uses which are customarily associated therewith, such as the place of residence or parsonage for ministers, priests, nuns or rabbis (tax exempt as defined by State law). For the purposes of this Ordinance, this definition does not include Bible study and other similar activities which occur in a person's primary residence.

City Council or Council: The governing body of the City of Decatur, Texas.

City: The City of Decatur, Texas.

Cleaning Plant, Commercial Laundry: An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

College or University: An academic institution of higher learning accredited or recognized by the State and covering a program or series of programs of academic study.

Collocation or Collocate: The act of locating wireless communication equipment owned or used by more than one (1) provider on a single wireless communication facility.

Commission: The Texas Alcoholic Beverage Commission.

Community Center, Public: A building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.

Community or Social Building: A building used for recreational, social, educational, and cultural activities generally owned, maintained and operated by a homeowners association for the enjoyment of its resident members.

Community/Farmer's Market: A designated location used primarily for the distribution and sale directly to consumers of raw agricultural products grown by farmers; or home-grown fruits, vegetables, produce or food products; meat; plants and flowers; art and craft items; and bakery goods; beverages; dairy products; delicatessen; and grocery items.

Community Home: A place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons as licensed by the Texas Department of Mental Health and Mental Retardation. (see Texas Human Resources Code Chapter 123)

Comprehensive Plan: Document adopted by Ordinance of the City Council that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City.

Concrete or Asphalt Batching Plant, Permanent: A permanent manufacturing facility for the production of concrete or asphalt.

Concrete or Asphalt Batching Plant, Temporary: A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Convenience Store, with Gasoline Sales: Retail establishment with the selling of gasoline, food for on- or off-premises consumption, and a limited selection of groceries and sundries. Does not include or offer any automobile repair services.

Convenience Store, without Gasoline Sales: Retail establishment with the selling food for on- or off-premises consumption and a limited selection of groceries and sundries. Does not include or offer any automobile repair services or the sale of gasoline.

Copy or Print Shop: An establishment which reproduces, in printed form, individual orders from an individual, business, profession, service, industry or government organization.

Contractor's Shop, with Outside Storage Yard: A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Country Club: A private land area and buildings which may include a golf course, clubhouse, dining room, bar, ancillary food sales, reception and entertainment facilities, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

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

Coverage: The lot area covered by some type of Impervious Surface, which includes buildings located thereon, overhanging roofs, and parking areas.

Custom Personal Shop: See Personal Service Shop.

Dairy Plant: A place, premise or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled or prepared for distribution.

Dance Hall or Dancing Facility: An establishment open to the general public for dancing.

Day Camp: A facility arranged and conducted for the instruction and organized outdoor recreation of children on a daytime basis. Day Camps can also be conducted inside or may be a combination of inside and outside activities.

Daytime: The hours between sunrise and sunset on any given day.

Decibel: A unit of measurement of sound pressure.

Density: The total number of residential dwelling units allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.

Designated Historical Area: A historical site and all of its property so designated by this Zoning Ordinance, including but not limited to the following locations:

• The Waggoner Mansion,

• Wise County Heritage Museum,

• All property within the C-1A, Decatur Square Business District, and

• All property fronting Main and Walnut streets from North to South US 81/287 Business.

Detached: Having no physical connection above the top of the floor line of the first floor with any other building or structure.

Diameter: The measurement of a tree's caliper inches at forty-eight (48) inches above ground level.

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

Drinking Establishment: See Texas Alcoholic Beverage Commission definitions.

Drip Line: The periphery of an area underneath a tree, which would be encompassed by the perpendicular line dropped from the outermost edges of the crown of the tree.

Dry Cleaning, Retail Only (Drop-Off/Pick-Up): A facility where clothing and other fabrics are washed and/or dried in machines on the premises that are operated by employees of the facility.

Dwelling: Any building or portion thereof, which is designed or used as living quarters for one (1) or more families.

Dwelling, Accessory: See Accessory Dwelling.

Dwelling, Multiple Family: Three (3) or more dwelling units on a single lot designed to be occupied by three (3) or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadraplex), as well as traditional apartments.

Dwelling, Single Family, Attached: A dwelling which is joined to another dwelling at one (1) or more sides by a party (i.e., shared) wall, which is designed for occupancy by one (1) family, and which is located on a separate lot delineated by front, side and/or rear lot lines. Includes townhomes.

Dwelling, Single Family, Detached: A dwelling designed and constructed as a free-standing structure for occupancy by one (1) family and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract. A single family dwelling is one with a common entrance, one (1) common kitchen facility and is utilized as one (1) living quarters for a single family. Includes traditional single family homes and patio or "zero lot line" homes.

Dwelling, Triplex: Three (3) attached dwellings in one (1) structure under one (1) common ownership, each unit designed to be occupied by one (1) family.

Dwelling, Two Family: Two (2) attached dwellings in one (1) structure under one (1) common ownership, each side designed to be occupied by one (1) family. Includes duplex homes.

Dwelling, Zero Lot Line or Patio Home: A single-family dwelling on a separately platted lot which is designed such that one (1) side yard is reduced to zero (0) feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one (1) side (i.e., wall) of such dwelling placed on the side property line.

Dwelling Unit: A portion of a building which is arranged, occupied or intended to be occupied as living quarters for one (1) family, and includes facilities for food preparation and sleeping. One (1) dwelling unit occupied by one (1) family has a common entrance, utilities, kitchen and food preparation facilities and sleeping and restroom facilities accessible by all (see Family).

Easement: A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation or some other entity or third party.

Electrical Generating Plant: A facility used for the generation of electric energy for transmission to ultimate consumers or additional transmission point.

Electrical Substation: A subsidiary relay station in which electric current is transformed.

Emergency Medical Services (EMS) Helicopter Landing Site: A site that is not permitted or licensed as a heliport or helistop and that is located at or as near as practical to a medical emergency or at or near a medical facility and is designated an EMS helicopter landing site.

Emergency Medical Technician (EMT): A certified healthcare provider who is trained to treat and transport victims of emergencies. Emergency medical technicians (EMT) provide basic life support to victims and may also work in the emergency department and fire department, however, the certification is primarily used by persons providing care in an ambulance.

Emergency Use Facility: An area for accommodating helicopters in support of emergency public safety agency operations, but that is not permitted or licensed as a heliport or helistop.

Enclosed Living Area: The total square footage of floor space within a residential structure's exterior walls that is heated and/or air conditioned including the livable area, closets and storage but excluding breezeways, garages, open porches, carports and accessory buildings.

Extraction and Storage of Sand, Soil, Stone, or Gravel: A site used for the extraction/quarry or storage of sand, soil, stone, or gravel.

Equipment Storage Building: A small, unmanned, single story building, typically less than five hundred (500) square feet, used to house radio transmitters and related equipment.

Facility, Major: A wireless communication facility greater than thirty-five (35) feet in height.

Facility, Minor: A wireless communication facility less than thirty-five (35) feet in height.

Fairground or Rodeo: An area or space either outside or within a building for the display of animals, exhibitions, topic-specific goods, or information.

Family: One (1) or more persons related by blood, marriage, or adoption; or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living together as a single housekeeping unit.

Farm, Ranch, Garden, Crops, or Orchard: An area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by City ordinance or other applicable law.

Feed and Grain Store or Farm Supply Store: An establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

Field Office or Construction Yard or Office, Temporary: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.

Fixed-Wing Aircraft: An aircraft capable of flight using forward motion that generates lift as the wing moves through the air and may be referred to as an airplane, aeroplane, or simply plane.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters, and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.

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

Floodplain Administrator: City engineer or person responsible for the City's floodplain.

Floor Area, Gross: The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding any space where the floor-to-ceiling height is less than six (6) feet, carports, residential garages, open porches, and breezeways.

Floor Area Ratio (FAR): The floor area of a main building or buildings on a lot, divided by the lot area (Figure 2. Floor Area Ratio (FAR)).

Florist Shop, Retail Only: An establishment for the display and retail sale of flowers, small plants and accessories.

Food or Grocery Store: A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises.

Food Processing Plant: A manufacturing or light industrial use that primarily deals with the processing and packaging of food (such as dairy or grain) products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products (e.g., bread and baked goods, dairy products such as cheese, etc.) created and packaged on the premises may be allowed as an accessory use.

Food Truck Park: An area constructed and maintained to provide permanent facilities for three (3) or more Mobile Food Units in compliance with all regulations applicable to a permanent Food Establishment.

Franchised Private Utility: A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City.

Fraternal Organization: An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.

Fraternity or Sorority House: A building other than a motel/hotel that is occupied only by individuals enrolled in a college or university located within the City and persons to attend the house and supervise activities of the fraternity or sorority. Except for the attendants, each resident must be a member of a fraternity or sorority that is recognized by the college or university and chartered by a state or national organization.

Frequency: The number of times per second a vibration or sound wave oscillates.

Funeral Home: A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Furniture and Appliance Store: Includes retail stores selling new or used goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.

Garage, Private: An accessory building enclosed on at least three (3) sides or a part of a main building used for storage of automobiles and used solely by the occupants and their guests. Also referred to as "enclosed parking space."

Garage, Public: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor driven vehicles.

General Commercial Facility: Any establishment other than personal service shop for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plant.

General Retail Stores: Retail stores which sell a number of lines of primarily new merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food to the public. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc.

Golf Course, Commercial: Operated as a for-profit business open to the public for a fee. A tract of land laid out with a least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. May include a clubhouse; facilities for dining, on-premises consumption of alcoholic beverages, ancillary food sales, receptions and entertaining; restrooms; driving range; recreational sports and shelters, all as accessory uses.

Golf Course, Private Country Club: Operated as a private club for members and their invited guests. A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. May include a clubhouse, facilities for dining, ancillary food sales, receptions and entertaining, restrooms, driving range, recreational sports and shelters as accessory uses.

Golf Course, Public/Municipal: Operated by the City or other public entity for use by and open to the public with or without a fee. A tract of land laid out with a least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. May include a clubhouse; facilities for dining, on-premises consumption of alcoholic beverages, ancillary food sales, receptions and entertaining; restrooms; driving range; recreational sports and shelters, all as accessory uses.

Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building.

Ground Cover: Grasses and other plants grown to keep soil from being blown or washed away and planted so as to develop full coverage within eighteen (18) months. Including but not limited to bark, mulches, gravel, and other pervious material for use as ground cover under trees and shrubs.

Guest Room: A room in a hotel designed for the overnight lodging of hotel guests for an established rate or fee.

Gymnastic, Dance, or Art Studio: A building or portion of a building used as a place of work for a gymnast or dancer, or for instructional classes in gymnastics or dance or instruction for artistry or music.

Hardware Store: Retail stores where items such as plumbing, heating, and electrical supplies, sporting goods, and paints are sold.

Health Club, Indoor: Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes) which are intended to promote health, fitness, weight reduction and/or similar health-related activities.

Heavy Load Vehicle: A self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than sixteen thousand (16,000) pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. When used herein, the term "truck" shall be construed to mean Heavy Load Vehicle unless specifically stated otherwise.

Heavy Machinery Sales and Service: A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

Helicopter: A type of rotorcraft in which lift and thrust are supplied by one (1) or more engine driven rotors which in contrast with fixed-wing aircraft, allows the helicopter to take off and land vertically, to hover, and to fly forwards, backwards, and laterally.

Heliport: An area of land or water or a structural surface which is used or intended to be used for the landing and take-off of helicopters, along with any appurtenant areas which are used, or intended to be used, for heliport buildings and other heliport facilities, and that is permitted or licensed. Unless otherwise expressly provided in this Zoning Ordinance, the term Heliport shall include Helistops as defined herein.

Helistop: A minimally developed heliport for boarding and discharging passengers or cargo. The heliport/helistop relationship is comparable to a bus terminal/bus stop relationship with respect to the extent of services provided or expected. Unless otherwise expressly provided in this Zoning Ordinance, the term Heliport shall include helistops as defined herein.

Home Improvement Center: A retail facility for the sale of building materials, tools, lawn/garden supplies, and home decor to the general public.

Home Occupation: An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises only, which is clearly incidental and secondary to the use of the premises for residential purposes (see Section 6.2.3 Home Occupations).

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

Hospital, Chronic Care: An institution that is licensed by the State of Texas where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given medical care and treatment on a prolonged or permanent basis.

Hotel or Motel: A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. See definition for "Guest Room". Also includes an extended stay lodging facility that may be used for weekly or monthly occupancy periods.

Household Care Facility: A dwelling unit which provides temporary residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two (2) supervisory personnel as a single housekeeping unit. This definition is subject to Art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and Art. 1011n (Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they presently exist or may be amended in the future. Also referred to as "hospice".

Household Care Institution: An institution which provides temporary residence and care to ten (10) or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.

HUD-Code Regulations: The Mobile Home Construction and Safety Standard Act, 42 U.S.C.S., Section 5401 et seq., as the same now exists or as is amended.

Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Industrialized Home, Modular Prefabricated Structure, or Modular Home: A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one (1) or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.).

Industrial Products Storage: Establishments providing storage for industrial products to individuals or businesses.

Institutional Use: A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure or land used for public purpose(s).

Junk: Any manufactured good, appliance, fixture, furniture, machinery, vehicle, personal property or other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, dilapidated, or so worn, deteriorated, or in such condition as to be generally unusable and/or inoperable. Without limiting the generality of the aforementioned, anything that is water-soluble, primarily organic, or not typically associated with wrecking or salvage yard activities may not be considered junk.

Kennels, Indoor Pens: An establishment with indoor pens in which domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kennels, Outdoor Pens: An establishment with outdoor pens in which domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kiosk (accessory structure): A small, free-standing, one-story accessory structure used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements.

Kiosk (primary structure): Any structure that meets the definition of Kiosk (accessory structure) and for which a specific use permit is issued.

Kitchen, Residential: Generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this Ordinance, generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a "kitchenette" which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).

Laboratory, Scientific or Research: An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see Medical Facilities, Medical Laboratory).

Landfill or Dump Area: A lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic waste material of any kind.

Landscaping: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Laundromat Washateria or Self-Service: A commercial retail facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines on the premises that are operated by the patron/general public for money.

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

Library, Public: A public, nonprofit facility in which literary, musical, artistic, or reference materials such as but not limited to books, manuscripts, computers, recordings, or films are kept for use by or loaned to patrons of the facility, but are not normally offered for sale.

Licensee: A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person.

Light Load Vehicle: A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than sixteen thousand (16,000) pounds and having no more than two (2) axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than thirty-two (32) feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Liquor: Any alcoholic beverage containing alcohol in excess of four (4) percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor.

Liquor (package) store: A business that sells alcoholic beverages, including liquor as defined herein, for consumption off-premises. For the purposes of this section, the term "liquor store" shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this section.

Live-Work Unit: A single unit (e.g., studio, loft, or one (1) bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident.

Loading Space: An off-street space or berth used for delivery and loading/unloading of vehicles.

Local Utility Distribution Lines: The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad- and pole-mounted transformers.

Loft Dwelling or Live-Above Unit: An apartment dwelling unit located above a nonresidential use.

Lot: A designated parcel, tract, or area of land established by plat, subdivision, or otherwise permitted by law (as specified in Chapter 212 of the Texas Local Government Code, as amended), to be separately owned, used, developed, or built upon.

Lot, Corner: A lot which has at least two (2) adjacent sides abutting for their full lengths upon a street (Figure 3. Lot Types).

Lot, Double Frontage: A lot having frontage upon two (2) non-intersecting streets, as distinguished from a corner lot (Figure 3. Lot Types).

Lot, Flag: A lot having access to a street by means of a stem or a narrow strip of land connecting the lot to the street; the stem or narrow strip generally has a depth greater than its street frontage (Figure 3. Lot Types).

Lot, Interior: A lot other than a corner lot (Figure 3. Lot Types).

Lot, Key: A corner lot whose exterior side is adjacent to the front yard of another lot (Figure 4. Key Lot).

Lot Area: The total net area within lot lines and not including portions of streets and alleys.

Lot Coverage: The lot area covered by all structures located thereon. Structures shall include main structures and accessory structures with or without a permeable roof.

Lot Depth: The mean horizontal distance between the front and rear lot lines (Figure 5. Lot Depth).

Lot Frontage: That dimension of a lot or portion of a lot abutting onto a street.

Lot Line: A line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.

Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Wise County, as applicable, or a parcel of land, the deed for which was recorded in the office of the County Clerk prior to date of adoption of this Ordinance.

Lot Width: The horizontal distance between the side lines of a lot measured parallel to the front lot line at the minimum required building setback line (Figure 6. Lot Width).

Main Building: The building or buildings on a lot which are occupied by the primary use.

Manufactured Home Display or Sales: The offering for sale, storage, or display of new or previously owned (i.e., used) manufactured housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured Housing Units: Any one (1) of three (3) types of prefabricated housing products (e.g., mobile homes/trailers, HUD-Code homes, modular homes/industrialized homes) which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.). For the purpose of this Ordinance, there are three types of manufactured homes:

a.

Mobile Home/Trailer: A movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.

b.

Manufactured Home or HUD-Code Manufactured Home: A movable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976.

c.

Modular Home/Industrialized Home: A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one (1) or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f V.T.C.S.), nor does it include building modules incorporating concrete or masonry as the primary structural component.

Manufactured or Mobile Home Park: A parcel of land which is designed, improved, or intended to be used for short- or long-term occupancy by manufactured or mobile homes in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufactured or Mobile Home Space: A plot of ground within a manufactured/mobile home park, or manufactured/mobile home subdivision which is designed for the accommodation of one (1) manufactured/mobile home.

Manufactured or Mobile Home Subdivision: A parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned manufactured/mobile home units or HUD-Code manufactured homes on platted lots which can be purchased outright by the owners of the manufactured/mobile home units. Subdivision may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufacturing or Industrial, Heavy: Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.

Manufacturing or Industrial, Light: Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Massage Therapy: Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by State law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Meat Packing Plant: A facility where live animals are killed and processed; and/or a building where meat, poultry, or eggs are cooked, smoked, or otherwise processed or packed but does not include a butcher shop or rendering plant.

Medevac: A fixed wing aircraft, helicopter, or a motor vehicle used as an ambulance.

Mining or Storage of Mining Wastes: The development or extraction of a mineral from its natural occurrences on affected land. Also includes the residual of equipment, liquid, machines, mineral, rock, soil, tools, vegetation, or other materials or property directly resulting from, or displaced by, surface mining operations.

Mixed Beverage: One (1) or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.

Mixed Use: Any urban, suburban or village development, or even a single building, that blends a combination of residential, commercial, retail, office, cultural, and/or institutional uses, where those functions are physically and functionally integrated, and that provides pedestrian connections between floors and uses.

Mobile Food Unit (MFU): A self-contained and readily movable Food Establishment that serves, sells, or distributes any food or beverage to the public, with or without a charge.

Model Home: A dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.

Monastery or Convent: A building or group of buildings designed to provide group housing for persons under religious vows or orders.

Monopole: A tower used to support communications equipment and composed of a single spire with no guy wires.

Motorcycle: A self-propelled vehicle with two (2) or more wheels and having one (1) or two (2) saddles or seats, and which may have a sidecar attached, including without limitation motorbikes, motorscooters, mopeds and similar vehicles.

Motor or Railroad Freight Terminal: An area and building where cargo is stored and where railcars or trucks, including tractor and trailer units, load and unload cargo on a regular basis, which may include facilities for the temporary storage of loads prior to shipment.

Motor Vehicle: Any vehicle designed to carry one (1) or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.

Municipal Facility or Use: Any area, land, building, structure and/or facility which is owned, used, leased or operated by the City, including police and fire department facilities.

Nighttime: The hours between sunset and sunrise on any given day.

Nonconforming Structure: A structure lawfully constructed as of the effective date of this Ordinance or amendments thereto, but which does not conform to the regulations of the district in which it is situated.

Nonconforming Use: A use of land lawfully occupied as of the effective date of this Ordinance or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

Nonprofit Organization: An unincorporated association or a corporation that is incorporated or holds a certificate of authority under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes). The organization:

A.

May not distribute any of its income to its members, officers, or governing body, other than as reasonable compensation for services; and

B.

Must have obtained tax exempt status under Section 501(c), Internal Revenue Code of 1986.

Nursery: An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.

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

Octave Band: A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight (8) octave bands.

Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person which is determined as specified in this Ordinance.

Off-premises: Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off-premises consumption.

Office Showroom or Office Warehouse: An establishment where the majority of its total floor area is not devoted to storage and warehousing. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Offices, Professional and General Business: A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, legal, personnel, travel, secretarial services, medical, dental, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

Officially Approved Place of Access: Access to a property which is approved by the City, and which is not access from a dedicated street.

On-premises: Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on-premises consumption.

Open Space: Any land or area, the preservation of which in its present use would:

(1)

Conserve and enhance natural or scenic resources; or

(2)

Protect streams or water supply; or

(3)

Promote conservation of soils, wetlands, beaches, or tidal marshes; or

(4)

Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or

(5)

Enhance recreation opportunities.

Outdoor Sales: The temporary keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract (such as the display of grills, patio furniture, flowers, Christmas trees, etc.) for the purpose of selling.

Outdoor Storage: The permanent and/or continuous keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract. Also referred to as "open storage."

Paint Shop: A commercial establishment where painting services other than automotive-related painting services, are performed. (See also Automobile Repair, Major.)

Paramedic: A person who provides advanced life support to victims.

Park or Playground, Private: A recreation facility, park or playground which is not owned by a public agency such as the City or School District, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.

Park or Playground, Public: Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation.

Parking Lot: An off-street (i.e., not on a public street or alley), ground level area, paved in accordance with City parking lot standards, for the short- or long-term storage of motor vehicles.

Parking Lot or Structure: An area or structure devoted to the parking or storage of passenger cars and trucks of less than one (1) ton capacity for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure.

Parking Lot, Heavy Load Vehicles: Any public or private land area designed and used for parking Heavy Load Vehicles.

Parking Space: An area meeting the dimensional requirements prescribed by this Ordinance, paved with a concrete or asphalt surface together with a concrete or asphalt surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress.

Particulate Matter: Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

Paving or Pavement: See All-Weather Surface.

Pawn Shop: An establishment where money is loaned on the security of personal property that is pledged in the owner's keeping (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with City, State and Federal regulations.

Permanent Makeup Application: Salon services involving licensed artists applying permanent makeup for clients, sometimes called intradermal cosmetics, as regulated by the Texas Department of State Health Services.

Permittee: A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person.

Person: A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.

Personal Service Shop: Shops and offices whose business relies on providing a service to customers rather than primarily retail sales, including, but not limited to, offices for some doctors, chiropractors and massage therapists, and barber/beauty shops, shoe repair shops, and dry cleaners.

Pet Shop or Animal Grooming Shop: A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, or an establishment offering grooming services of dogs, cats and similar animals.

Petroleum Distribution or Storage: A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products.

Petroleum and Natural Gas Extraction: Any activity that is constructed on or disturbs land in association with oil or gas drilling, production, or waste treatment and disposal, including but not necessarily limited to wells, tanks or tank batteries, pits, access roads for ingress and egress, and pipelines.

Philanthropic Institution: An establishment engaged in the giving of foods, goods, financial assistance, or grants, or offering services or other socially useful programs on a benevolent, nonprofit basis.

Planned Development (PD) District: Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.

Planning Director: The person designated by the City Manager to administer the Zoning Ordinance. When used in this Ordinance, the term Planning Director shall include the designees of the Planning Director.

Planning and Zoning Commission or Commission: A board which is appointed by the City Council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the City Council.

Plat: A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City.

Plat of Record: A plan of a subdivision of land creating building lots and showing all essential dimensions and other information essential to comply with the subdivision standards of the City and subject to recommendation from the Planning and Zoning Commission and approval by the City Council and filed in the plat records of Wise County.

Playfield or Stadium, Private: An athletic field or stadium owned and operated by an agency other than the City or the School District.

Playfield or Stadium, Public: An athletic field or stadium owned and operated by a public agency, such as the City or the School District.

Plot: See Lot.

Premises: The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

Primary Use: The principal or predominant use of any lot or building.

Private Club: An establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of Title 3, Chapter 32, Vernon's Texas Codes Annotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Private School: A school maintained by private individuals, religious organizations or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religion or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges.

Professional Service: Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.

Propane Sales: Retail sales of gaseous substances commonly used for household purposes such as propane and/or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.

Public Agency Building, Shop, Yard, or Facility: Any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: the State of Texas, the United States, or other public utility or agency. The term also includes any facility which is owned, leased, used and/or occupied by the City, Wise County, the federal government, or other recognized political subdivision or public agency.

Public Safety Facility: A government facility for public safety and emergency services, including a facility that provides police or fire protection and related administrative facilities.

Public School: A school established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or cities, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city, city or other district. Schools belonging to the public and established and conducted under public authority.

Public View: Areas visible from public property, public right of way, or a public or private thoroughfare.

Quarry: A site currently or previously used for the open-pit excavation of natural materials.

Quasi-Public: A use conducted or facility owned/operated by a non-profit or religious institution that provides recreational, education, religious, or similar services to the public.

Queue Space: The amount of space within a parking lot or drive-thru to accommodate temporary waiting traffic.

Railroad Passenger Station: A facility, either light or heavy rail, for the boarding of passengers and related ticketing sales and offices.

Railroad Team Track: A siding for spotting and unloading or loading railroad cars and which is connected to a public street by a drive for access.

Railroad Track or Railroad Right-of-Way: A carrier of persons or property operating upon rails placed principally on a private right-of-way.

Recreational Vehicle (RV): A self-propelled (i.e., motorized), mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence.

Recreational Vehicle or Camper Sales and Leasing: An establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational Vehicle Park or Campground: A parcel of land which is designed, improved, or intended to be used for short- or long-term occupancy by recreational vehicles (including travel trailers) in designated spaces.

Rehabilitation Care Home: A dwelling unit which provides residence and care to not more than nine (9) persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two (2) supervisory personnel as a single housekeeping unit. (Also referred to as a "halfway house".)

Rehabilitation Care Institution: A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Religious Society: A church, synagogue, or other organization organized primarily for religious purposes.

Residence: See Dwelling.

Residential District: District where the primary purpose is residential use.

Residential Use: Any building or portion thereof that is designed or used as living quarters for one (1) or more households.

Restaurant or Cafe: An establishment building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. Said establishment may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the establishment derives less than seventy-five (75) percent of its gross revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.

Restaurant or Cafeteria: Any building or premises primarily engaged in the retail sale of prepared food and drink for on-site or off-site immediate consumption.

Restaurant, with Drive-In Service: An eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Restaurant, with Drive-Thru Service: An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-thru window(s). Retail Store: See General Retail Stores.

Retail or Service Uses, Incidental: Any use different from the primary use but which complements and/or supplements the primary use (for example, a sundries shop that serves tenants of an office building or hospital).

Right-of-Way: An easement that allows the privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement.

Roof Projection: The farthest point of the roofline or eave extending from the building.

Room: 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.

Sand, Gravel, or Stone Storage or Sales: The process of storing and/or selling sand, gravel, stone, topsoil, compost or other products from the earth.

School, Business or Vocational: A for-profit business that offers vocational instruction and training in trades or services such as welding, barber/beauty college, art school, brick laying, machinery operation/repair, and similar trades.

School, Elementary: A public or private educational institution for kindergarten through sixth grade.

School, Junior High or High: A public or private educational institution for seventh through twelfth grades.

Screened: Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

Screening: Any method of visually shielding or obscuring one (1) land use from another by the planting of evergreen trees or shrubs, or both, or the erection of a screening fence designed to minimize the transmission or propagation of noise, light, vibration, or dust from traffic or other activity on one (1) property to adjoining public or private properties.

Seasonal Uses: Seasonal uses include the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year.

Secondary or Ancillary Use: Uses that are secondary activities associated with a primary land use directly associated with and supporting said primary land use. Examples of ancillary uses include, but are not limited to, small factory stores associated with an active manufacturing plan, on-site childcare facilities, etc.

Sexually Oriented Business: A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer (see the Texas Local Government Code, Chapter 243).

Shrub: Any self-supporting, woody, deciduous or evergreen species, which is generally multi-stemmed and sold by height or spread and measured in inches or feet, as normally will grow in the county.

Sight-Proof: Opaque, blocking clear view.

Small Engine Repair Shop: Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.

Small Wind Energy Systems: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used to reduce on-site consumption of utility power.

Smelter or Refinery: A building or facility for the extraction of metals using heat, or the refining or processing of oil.

Smoke: The visible discharge of particulate matter from a chimney, vent or combustion process.

Stable, Boarding: A stable and related open pasture where horses, mules, and ponies are quartered for owners on a fee basis.

Stable, Commercial Rental: An establishment where horses, mules, or ponies are kept and rented to the general public for riding.

Stable, Private Club: A paddock, stable, and related riding and quartering facilities for horses owned by a specific number of recorded members and maintained for the exclusive use of such members and guests.

Stealth Facility: A wireless communication facility that is virtually unidentifiable to the surrounding area, which although present is camouflaged to conceal the presence of telecommunications equipment. Stealth facilities may replicate or duplicate the construction of common structures, such as clock towers, church steeples or flagpoles, so that they blend into the surrounding environment.

Story: That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it.

Story, Half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use. This definition does not include a half-story containing an independent apartment or self-contained living quarters.

Street: Any dedicated public or private thoroughfare (right-of-way), which affords the principal means of access to abutting property. A public street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty (60) feet.

Street Intersection: Any street which joins another street at an angle, whether or not it crosses the other.

Structure: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of "Building").

Structural Alterations: Any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Subdivision: A division or re-division of any tract of land situated within the City's corporate limits or its extraterritorial jurisdiction into two (2) or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. "Subdivision" includes re-subdivisions of land or lots which are part of a previously recorded subdivision, also known as "replats".

Swimming Pool, Commercial: A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee and built in accordance with the City Code of Ordinances.

Swimming Pool, Private: A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or multiple-family dwelling and located, fenced and built in accordance with the City Code of Ordinances.

Tattoo or Body Piercing Studio: A building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Telephone Line and Exchange, Switching or Relay Station: A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.

Temporary: Used or lasting for only a limited period of time; not permanent.

Temporary Building: A Temporary nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, and requires the on-site installation of utilities and/or a foundation.

Temporary Field Office or Construction Yard or Office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.

Theater, Drive-In, Outdoor: An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater or Playhouse, Indoor: A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Theater or Playhouse, Outdoor: An establishment for the performing arts with open-air seating for audiences. Such establishments may include related incidental services such as food and beverage sales and other concessions.

Thrift or Secondhand Store: An establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops.

Tire Sales, Indoor without Outside Storage: A retail establishment engaged in the internal or indoor sale and/or installation of tires for vehicles, but without outside storage.

Tire Sales, Outdoor with Outside Storage: A retail establishment engaged in the external or outdoor sale and/or installation of tires for vehicles, with outside storage.

Tool and Machinery Rental: A building or a portion of a building used for the display and rental of tools, machinery and instruments and that may have outdoor storage.

Tower: Any columnar or spire structure used to support communications equipment or antennas.

Toxic and Noxious Matter: Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger the health, safety and comfort of persons in the vicinity or which may cause injury or damage to property.

Tract: A single individual parcel or lot.

Tractor-Trailer: See "Heavy Load Vehicle".

Trailer, Hauling: A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer, Travel or Camping: A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

Trailer Rental or Sales: An establishment providing the rental or sales of trailers (i.e., U-Haul).

Transportation and Utility Structures or Facilities: Permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

Tree: A plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually developing branches at some distance from the ground.

Truck: A light or heavy load vehicle (see Light Load Vehicle and Heavy Load Vehicle).

Truck and Bus Repair: An establishment providing major and minor automotive repair services to heavy load vehicles.

Truck and Bus Leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.

Truck Stop: A facility designed for the parking, refueling and/or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.

Truck Terminal: An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis, and which may include facilities for the temporary storage of loads prior to shipment.

Use: The purposes for which land or buildings are or may be occupied in a zoning district.

Utility Distribution or Transmission Lines: Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the City or private utility company.

Variance: An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district, which may be granted by the City's Board of Adjustment.

Veterans Organization: A nonprofit organization:

A.

Whose members are veterans or dependents of veterans of the armed services of the United States; and

B.

That is chartered by the United States Congress and organized to advance the interests of veterans or active duty personnel of the armed forces of the United States and their dependents.

Veterinarian Clinic: An establishment where animals and pets are admitted for examination and medical treatment (also see "Kennels") and that may have indoor and/or outdoor kennels or pens.

Vibration: A periodic displacement of the earth measured in inches.

Volunteer Fire Department: A fire-fighting organization that:

A.

Operates fire-fighting equipment;

B.

Is organized primarily to provide fire-fighting service;

C.

Is actively providing fire-fighting service; and

D.

Does not pay its members compensation other than nominal compensation.

Warehouse, Miniature or Self-Storage: Small individual storage units for rent or lease, restricted solely to the storage of items, and does not include the conduct of sales, business or any other activity within the individual storage units.

Warehouse, Storage and Distribution Center: Building or facility used for the storage and distribution of wholesale items/products.

Wastewater Treatment Plant: A facility designed for the collection, removal, treatment, and disposal of waterborne sewage generated within a given service area.

Wedding Chapel, Commercial: An establishment that primarily provides the facilities and services for weddings on a commercial basis. This definition does not include churches and similar congregations where weddings are an ancillary use.

Welding or Machine Shop: Shops where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops; and overhaul shops.

Wholesale: The sale of goods in quantity, usually for resale.

Wine and Vinous Liquor: The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.

Wrecking or Salvage Yard: A lot upon which inoperable vehicles are located for the purpose of obtaining parts for recycling or resale, or the outdoor use of any lot for the sale, storage, display, dismantling, demolition, abandonment, or discarding of junk (see Junk).

Xeriscaping: Landscaping technique that reduces water consumption for supplementary watering and encourages the use of native plant species.

Yard: An open space at grade between the principal building(s) and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance.

Yard, Front: The open, unoccupied space located in front of the front elevation of the principal building(s), calculated as the minimum horizontal distance between the front property line and the front elevation of the principal building(s) (Figure 7. Front Yards).

Yard, Rear: The open, unoccupied space located behind the rear elevation of the principal building(s), calculated as the minimum horizontal distance between the rear property line and the rear elevation of the principal building(s) (Figure 8. Rear Yards).

Yard, Side: The open, unoccupied space located on either side of the principal building(s), calculated as the minimum horizontal distance between the side property line and the side elevation of the principal building(s) (Figure 9. Side Yards).

Zoning District: A designated area within the City for which boundaries have been established by the City and for which governing regulations, including without limitation, height, area, and use regulations, have been established for all properties located within the designated boundaries of the district.

Zoning District Map: The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance (See Section 1.4 Zoning District Map and Section 1.5 Zoning District Boundaries).

(Ord. No. 2017-03-03, § 2.01, 3-27-17; Ord. No. 2018-07-13, § 2.01, 7-23-18; Ord. No. 2018-05-06, § 2.01, 5-29-18; Ord. No. 2018-07-12, § 2.01, 7-23-18; Ord. No. 2018-12-24, § 2.01, 12-10-18; Ord. No. 2021-02-01, § 2.1, 2-8-21; Ord. No. 2021-12-22, § 2, 12-13-21)