For the purpose of this Zoning Ordinance, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word shall is mandatory and not discretionary. The following are the Zoning Ordinance definitions.

1.

Abandonment. To cease or discontinue a use or activity, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

2.

Abutting. Adjacent, adjoining and contiguous to. It may also mean having a lot line in common with a ROW or easement, or with a physical improvement such as a street, waterline, park, or open space.

3.

Access. A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase "pedestrian access easement").

4.

Accessory Building.

a.

In a residential district, a subordinate building used for a purpose customarily incidental to the main structure, but not involving the conduct of a business.

b.

In a nonresidential district, a subordinate building incidental to the main structure.

c.

Any structure, either attached or detached from the main dwelling, the use of which is incidental to that of the main structure and located on the same lot.

d.

Accessory structures include, but are not limited to, patio covers, arbors, gazebos, cabanas, outdoor kitchens and/or recreational fire enclosures, trellis, and structures/sheds or the like. A permit is required for all accessory structures.

5.

Accessory Use. A use that is clearly and customarily incidental and secondary to the permitted and Principal Use of land or building(s), and that is located upon the same lot, and that does not change the character thereof. The land/building area that is used for the accessory use is significantly less than that used for the primary use.

6.

Act of Nature. An extraordinary interruption by a natural cause (such as a flood, tornado, hurricane, or earthquake) of the usual course of events that experience, prescience, or care cannot reasonably foresee or prevent.

7.

Adjoining. When used with respect to lots, properties, premises, districts, or other terms denoting land areas, having any portion of its perimeter in common with another lot, property, premises or district.

8.

Adult Day Care Services. A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped [disabled] persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult Day Services Center (also referred to as Adult Day Care Centers) must be licensed by the Texas Department of Human Services.

9.

Agent. Any person authorized by the licensee of a recreational park to operate or maintain such park under the provisions of this chapter.

10.

Agricultural Use. Land where the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including, forages and sod crops; grains and seed crops, dairy animals, poultry and livestock, including, but not limited to, ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses, and ponies.

11.

Air conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing. This industry comprises establishments primarily engaged in (1) manufacturing air conditioning (except motor vehicle) and warm air furnace equipment and/or (2) manufacturing commercial and industrial refrigeration and freezer equipment. Uses include air conditioning and warm air heating combination units manufacturing, humidifying equipment (except portable) manufacturing, air conditioning compressors (except motor vehicle) manufacturing, refrigerated counter and display cases manufacturing, air conditioning condensers and condensing units manufacturing, refrigerated drinking fountains manufacturing, dehumidifiers (except portable electric) manufacturing, snow making machinery manufacturing, heat pumps and manufacturing, soda fountain cooling and dispensing equipment manufacturing.

12.

Aircraft Engine and Engine Parts Manufacturing. This industry comprises establishments primarily engaged in one or more of the following:

a.

Manufacturing aircraft engines and engine parts;

b.

Developing and making prototypes of aircraft engines and engine parts;

c.

Aircraft propulsion system conversion (i.e., major modifications to systems); and

d.

Aircraft propulsion systems overhaul and rebuilding (i.e., periodic restoration of aircraft propulsion system to original design specifications).

13.

Aircraft Parts and Auxiliary Equipment Manufacturing. This industry comprises establishments primarily engaged in (1) manufacturing aircraft parts or auxiliary equipment (except engines and aircraft fluid power subassemblies) and/or (2) developing and making prototypes of aircraft parts and auxiliary equipment. Auxiliary equipment includes such items as crop dusting apparatus, armament racks, in-flight refueling equipment, and external fuel tanks.

14.

Alcoholic Beverage Establishment. Any establishment that derives 51 percent or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages, as defined in the V.T.C.A., Alcoholic Beverage Code § 1.01 et seq., for on-premise consumption.

15.

Alcoholic Beverages Sales for On-Premises Consumption. Any sales of alcoholic beverages for [on-]premises consumption.

16.

Alcoholic Beverages Sales for Off-Premises Consumption. Any sales of alcoholic beverages for off-premises consumption.

17.

All-Weather Surfaced Driveway. A paved or cast-in-place, asphalt, or concrete driveway.

18.

Alley. A public ROW, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

19.

All-weather base/surface. A dust-free surface constructed of concrete or asphalt.

20.

Amenity Center. A recreational facility, including, but not limited to, clubhouse, swimming pool, play area, operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public.

21.

Ambulance Service. A privately owned facility for the dispatch, storage, and maintenance of emergency medical care vehicles.

22.

Amortization. Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be scheduled within a definite period of time to conform to the regulations of this Zoning Ordinance.

23.

Amusement, Commercial (indoors). An amusement enterprise wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and including, but not limited to, a climbing wall center or billiard parlor.

24.

Amusement, Commercial (outdoors). An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to, a golf driving range, archery range and miniature golf course.

25.

Antique Shop. An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishing and decorations that have value and significance as a result of age, design and sentiment.

26.

Art Gallery or Museum. An institution for the collection, display, distribution of objects of art, and that is sponsored by a public or quasi-public agency, and is open to the general public.

27.

Art Supply Store. An establishment within a building offering for sale articles such as painting supplies, picture framing, brushes, artist easels, canvas, or similar supplies for various art forms.

28.

Apartment. A suite of rooms or a room arranged and intended as a place of residence of a single person, a single-family or a group of individuals living together as a single housekeeping unit, and equipped for the preparation of food.

29.

Apartment, efficiency. An apartment consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.

30.

Apartment hotel. Any building containing both apartments and rooming units in some combination, having a desk or lobby attended 24 hours a day, and providing some services customary and appropriate to a hotel, such as maid and room service, but not having any public meeting room.

31.

Appliance Rental. Generally a store where household appliances are rented or leased on a monthly payment plan.

32.

Applicant. The person or entity responsible for the submission of an Application. The Application must be the actual owner of the property for which an Application is submitted, or shall be a duly authorized representative of the property owner. Also see Developer.

33.

Application. The package of materials, including, but not limited to, an Application Form, Plat, completed checklist, tax certificate, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate review and approval of a development project.

34.

Application Form. The written form (as provided by and as may be amended by the Director of Public Works or other designee) that is filled out and executed by the Applicant and submitted to the City along with other required materials as a part of an Application.

35.

Approval.

a.

Approval constitutes a determination by the official, Board, commission or City Council responsible for such determination that the Application is in compliance with the minimum provisions of this Zoning Ordinance.

b.

Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.

36.

Armed Services Recruiting Center. An office space occupied by a U.S. Army, Navy, Air Force, Marine, Coast Guard, and/or Merchant Marine recruiting center where phone calls are made, letters are written and mailed, and possible recruits are interviewed and enlisted in one of the service branches.

37.

Arterial Street.

a.

A street (also referred to as a thoroughfare) designated within the Comprehensive Plan.

b.

A principal traffic way more or less continuous across the City or areas adjacent thereto, intended primarily to provide for the movement of through traffic, and that shall act as a principal connecting street with highways as indicated in the Comprehensive Plan.

38.

Articulation. The visual variation to both the height and depth dimensions of a building through the use of materials, colors, fenestration and details.

39.

Artificial barrier. Any fence, hedge, shrub fence or hedge, a minimum of six feet in height and obstruction view to the extent of 100%.

40.

Artisan's Workshop. An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items.

41.

Assisted Living/Nursing Home. A facility operated by a business or nonprofit organization where ill or elderly people are provided with lodging and meals, with or without nursing care.

42.

Automobile Body Shop. A facility that provides collision repair services, including body frame straightening, replacement of damaged parts, and painting.

43.

Automobile or Other Motorized Vehicle Sales and Services. A business providing sales display and service of new and used motorized vehicles, including motorcycles, RVs, and boats—not including semi-truck or heavy truck sales.

44.

Automobile Parts Store. Stores selling new automobile parts, tires, and accessories.

45.

Automobile Rental. Storing or renting of automobiles and light trucks.

46.

Automobile Service Garage (Major). A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services including body, frame, or fender repair, and overall painting, where all work is conducted inside the building.

47.

Automobile Service Garage (Minor). A facility for routine automobile services or minor repairs, such as tire services, quick-lubes, batteries, with all work being conducted inside the building and within the same day.

48.

Automobile service station. An establishment where gasoline, stored only in underground tanks, is dispensed directly to users of motor vehicles. The following activities are permitted as accessory uses to an automobile service station: the dispensing of oil, grease, antifreeze, tires, batteries, and automobile accessories directly to users of motor vehicles; tuning motors, making minor wheel and brake adjustments, waxing, polishing, and other minor servicing and repair; and washing of automobiles, provided that no chain conveyor, blower, steam cleaner or other mechanical device is employed. All other activities shall be prohibited, including, but not limited to: upholstering work, auto glass work, painting, welding, tire recapping, auto dismantling, auto sales, diesel fuel sales, and trucker's dormitories.

49.

Bail Bond Services. A bail bond service or bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court.

50.

Bakery (Retail). An establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on or off-site.

51.

Ballroom Dancing. An establishment open to the general public for dancing.

52.

Bank or Financial Institution. A freestanding building, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds.

53.

Barber or Beauty Shop. A fixed establishment or place where one or more persons engage in the practice of barbering or cosmetology.

54.

Base Flood. The regulatory requirement for the elevation or floodproofing of structures.

55.

Basement. A story (or portion of a story) partly below curb level, with at least one-half of its height (measured from floor to ceiling) above curb level. On through lots, the curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement.

56.

Bed and Breakfast Inn. An owner or operator occupied residence with bedrooms providing overnight or otherwise temporary lodging for the general public for 96 hours or fewer. Typically, breakfast is the only meal served to guests.

57.

Bike (Bicycle) Sales and Service. A facility where bicycles are assembled and sold, or repaired and serviced.

58.

Board; Board of Adjustment. The Board established pursuant to state law to hear appeals, variances, special exceptions and other matters under this chapter.

59.

Reserved.

60.

Reserved.

61.

Boarding[house] or Roominghouse. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons.

62.

Book Store. A retail establishment that, as its primary business, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other printed or electronically conveyed information or media.

63.

Bookbinding. An establishment that practices the art or trade of binding books, but not to include the retail sale of books.

64.

Bottling Works. An establishment that engages in the business of placing liquids (soft drinks, milk, juices, etc.) in bottles made of glass or plastic.

65.

Bowling Alley. An establishment that devotes more than 50% of its gross Floor Area to bowling lanes, equipment, and playing area. A bowling alley is wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.

66.

Brewery. An industrial use that brews ales, beers, meads, and/or similar beverages on site. Breweries are classified as a use that manufactures more than 15,000 barrels of beverage annually (all beverages combined).

67.

Buffer zone. An area 150 feet in width adjacent to the ROW of all improved or open streets or residentially zoned areas which abut any shipping container storage yard. A buffer zone may be landscaped or used for buildings or parking area, but no shipping containers are to be stored thereon.

68.

Buildable width or buildable depth. The width or depth respectively of that part of the lot not included within the yards or other open spaces herein required.

69.

Building. Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.

70.

Building Height. The vertical distance from natural ground to the average height of the highest roof surface.

71.

Building Line. The rear line of a required front yard and the interior line of a required exterior side yard.

72.

Building, Mixed-use. A building used partly for residential use and partly for commercial use and/or community facility use.

73.

Bulk Plane. An imaginary enclosure restricting the height of a building or buildings on a lot.

74.

Bulk warehouses. (Full dock high/multi-tenant.) When considered as one facility, the minimum size of warehouse shall total 20,000 SF and stored material shall be reshipped the same way that it arrived.

75.

Building Official. The Building Official of the City of Deer Park or his/her designee.

76.

Building Permit. A permit issued by the City before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the city code.

77.

Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street ROW/property line.

78.

Cabinet Shop. A wood shop that does layouts, cutting, fitting and assembly of residential and commercial cabinets.

79.

Camping trailer. A recreational vehicle that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold for use. Such trailer is built on a single chassis mounted on wheels. Camping trailers are not allowed.

80.

Carport. A private garage which has no doors for the vehicular entrance and is walled on no side other than a side shared in common with the principal building. A carport may be either a part of a principal building or it may be a separate building.

81.

Car Wash, Full Service. A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration.

82.

Car Wash, Self Service. A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

83.

Carnival, Circus or Tent Service (Temporary). Outdoor or indoor commercial amusement provided on a temporary basis.

84.

Carpentry Shop. A shop involving woodworking and the assembly of wood products.

85.

Caterer or Wedding Service. A service providing meals or refreshments for public or private entertainment for a fee.

86.

Cement or Hydrated Lime Plant. A plant that manufactures cement and/or hydrated lime for use in the construction industry, for the making of concrete mortar or plaster.

87.

Cemetery or Mausoleum. Property used for the interring of the dead.

88.

Centerline of street or alley. A line midway between the boundary ROW lines of a street or alley. Where the boundary ROW lines are irregular, the centerline shall be determined by the City Engineer.

89.

Ceramic and Pottery Manufacturer. Manufacturing site for ceramic and pottery goods, including dust, odor, and fume control.

90.

Certificate of Occupancy and Compliance. An official certificate issued by the City through the Building Official (in conjunction with a Building Permit) that indicates conformance with the City's rules and regulations and that authorizes legal use of the premises.

91.

Child Care: Foster Family Home (Independent). A single independent home that is the primary residence of the foster parents and licensed to provide care for six or fewer children up to the age of 18 years.

92.

Child Care: Foster Group Home (Independent). A single independent home that is the primary residence of the foster parents and licensed to provide care for seven to 12 children up to the age of 18 years.

93.

Child Care: Licensed Child Care Center. An operation providing care for seven or more children younger than 14 years old for less than 24 hours per day at a location other than the permit holder's home.

94.

Child Care: Licensed Child Care Home. A home where the primary caregiver provides care in the caregiver's own residence for children from birth through 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 12.

95.

Child Care Licensed Family Home. A home where the caregiver is at least 18 years old, and who provides care in her 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 provide 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.

96.

Child Care: Registered Child Care Home. A home where a caregiver who provides regular care in her own home for not more than six children from birth through 13 years. Child day care can be provided for six 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 ___.

97.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

98.

Cigar Lounge. A business that sell a variety of cigars. It may also sell other tobacco products such as pipe tobacco or cigarettes, but this would generally be a minor part of their sales. They may also sell other tobacco accessories such as lighters, cigar boxes and containers, as well as cigar cutters and punches. In addition, this business may contain a lounge where persons can go to smoke cigars.

99.

City. The City of Deer Park, Texas, together with all its governing and operating bodies.

100.

City Attorney. The person(s) so designated by the City Council to provide oversight for and have legal responsibility for the City. This term shall also include any designee of the City Attorney.

101.

City Council. The duly elected governing body of the City of Deer Park, Texas.

102.

City Manager. The officially appointed and authorized City Manager of the City of Deer Park, Texas, and may include the City Manager's duly authorized representative or designee, per the City Manager's discretion.

103.

City Secretary. The person(s) so designated by the City to provide clerical and official services for the City Council. This term shall also include any designee of the City Secretary.

104.

City's Engineering Services Director. The person(s) so designated by the City to provide oversight for and have responsibility of the City's Engineering Department. This term shall also include any designee of the City's Engineering Services Director.

105.

Civic/Convention Center. A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes.

106.

Clinic. An establishment or offices in which a group of physicians, dentists, or other practitioners of the healing arts, and allied professional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians.

107.

Club, private. Any building, room, or premises occupied collectively by an association of persons for the promotion of some nonprofit common objective, which association operates under bylaws, is limited in membership, meets periodically, is controlled by a person or persons elected by the membership, does not have as a principal function one which is customarily carried on as a business, and whose facilities are available only to members and their guests and are not leased except to members for the use of said member and his guests.

108.

Club, semiprivate. Any building or portion thereof providing private dining, meeting, or similar social facilities which are restricted by membership or occupancy, which are not ordinarily open to the public at large, and which are operated partly or entirely for commercial purposes.

109.

Clothing or Similar Light Manufacturing. A business that buys bolts of cloth or fabric, cuts from patterns and sews into finished shirts, pants, dresses, and other pieces of clothing.

110.

Collector Street. A street that is continuous through several residential districts and is intended as a connecting street between residential districts and Arterial Streets, highways or business districts, and that may serve both through traffic and local access functions.

111.

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

112.

Computer and Peripheral Equipment Manufacturing. Means establishments primarily engaged in manufactured and/or assembling electronic computers, such as mainframes, personal computers, workstations, laptops, and computer servers; and computer peripheral equipment, such as storage devices, printers, monitors, input/output devices and terminals.

113.

Commission. The Planning and Zoning Commission of the City of Deer Park.

114.

Common Access Route. A private way which affords the principal means of access to individual recreational vehicle spaces or auxiliary buildings in a recreational vehicle park.

115.

Community Center. A building dedicated to social or recreational activities, serving the City or neighborhood and owned and operated by the City, or by a non-profit organization to promoting the health, safety, and general welfare of the City.

116.

Community Group Home. A community-based residential home with not more than six (6) persons with disabilities and two (2) supervisors residing in the home, and that otherwise meets the requirements of the Community Homes for Persons with Disabilities Act, V.T.C.A., Human Resources Code ch. 123.

117.

Community Parks. Larger parks that may provide athletic fields, swimming pools, recreation centers, tennis courts, open areas, etc.

118.

Concrete Block and Brick Manufacturing. Establishments primarily engaged in manufacturing concrete block and brick.

119.

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

120.

Concrete or Asphalt Batching Plant, Temporary. A temporary manufacturing facility for the on-site production of concrete pipe and other concrete products, excluding concrete block and brick.

121.

Concrete Pipe Manufacturing. This industry comprises establishments primarily engaged in manufacturing concrete pipe and other concrete products excluding concrete block and brick.

122.

Consignment Store. A store that receives merchandise on consignment from individuals and places for resale.

123.

Construction Machinery Manufacturing. This industry comprises establishments primarily engaged in manufacturing construction machinery, surface mining machinery, and logging equipment such as backhoes and manufacturing, pile-driving equipment manufacturing, bulldozers manufacturing, portable crushing, pulverizing, and screening machinery manufacturing, construction and surface mining-type rock drill bits manufacturing, powered post hole diggers manufacturing, construction-type tractors and attachments manufacturing, road graders manufacturing, off-highway trucks manufacturing, surface mining machinery manufacturing.

124.

Construction Plans. A set of drawings and/or specifications, including paving, water, wastewater, drainage, or other required plans, submitted to the City for review in conjunction with a subdivision or a development.

125.

Contractor's Shop and/or Storage Yard. A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets.

126.

Copy Shop or Printing Shop. An establishment that reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 SF.

127.

Country Club. An area containing a golf course and club house that may include as adjunct facilities a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.

128.

County. Harris County.

129.

Courtyard. An open unoccupied space other than a yard, on the same lot with a building that is bounded on three (3) or more sides by the building.

130.

Credit Access Business. A Credit Access Business has the meaning given that term in V.T.C.A., Finance Code § 3.93.601.

131.

Crosswalk Way. A public ROW, four (4) feet or more in width between property lines that provides pedestrian circulation.

132.

Cul-de-sac. A short, residential street having but one vehicular access point to another street, and terminating by a vehicular turnaround.

133.

Dance Hall or Night Club. An establishment offering to the general public facilities for dancing and entertainment for a fee.

134.

Dance, Music, or Drama Studio. Studio for performing arts education or similar activities.

135.

Date of Adoption. The date of adoption of this Zoning Ordinance shall be the date this ordinance becomes effective date.

136.

Day nursery. A private agency or an institution which provides supplemental parental care on a regular basis for a group of children and which complies with the conditions set forth in Section 14.06.

137.

Design Transfer Manufacturing and Wholesale Shops. An establishment whose business involves the placing and/or transferring of photographs, logos, or other designs onto articles of clothing, backpacks or other articles. This use applies to the manufacture of articles for wholesale purposes, only, and may include embroidery of names, logos or other text. This use generally includes catalog sales. Retail sales with display areas are permitted as a secondary use. This use typically involves the preparation of custom artwork, and is for the mass production of articles. Although silk screening is typically employed for this use, heat transfer, Direct-To-Garment (DTG) and/or similar equipment are also acceptable.

138.

Developer.

a.

A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, developments, or improvement of land and other activities covered by this Zoning Ordinance.

b.

The word Developer is intended to include the terms Subdivider, property owner, and, when submitting platting documents, Applicant.

139.

Development. Any manmade change is improved or unimproved real estate, including, but not limited to, buildings and/or other structures, paving drainage, utilities, storage, and agricultural activities.

140.

Development Application. An Application, developed and updated by the Director of Public Works or other designee, for any type of plan, permit, plat or Construction Plans/drawings authorized or addressed by this Subdivision Ordinance. Also may be referred to as a permit within the V.T.C.A., Government Code ch. 245.

141.

Discount or Department Store. Retail store generally advertising reduced prices and dealing in a large variety of products including, but not limited to clothing. May include appliances, electronics, and limited packaged food products.

142.

Distance between structures. The shortest horizontal distance measured between the vertical walls of two structures, as herein defined.

143.

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

144.

Donation or Recycling Collection Point. An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations and/or recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in a public/quasi-public areas such as in churches and schools.

145.

Donut Shop. A shop that sells baked goods, such as pastry items, and donuts, generally sells beverages, and frequently provides a small amount of seating for patrons.

146.

Drapery or Furniture Upholstering Shop. An establishment for the production, display and sale of draperies and soft coverings for furniture.

147.

Driveway. A minor entrance-way off the common access route within the recreational vehicle park or from a public street into an off-street parking area one or more recreational vehicle spaces.

148.

Dwelling. Any building or portion thereof occupied or capable of being occupied as the residence of one or more persons, either permanently or transiently, but does not include a tent or vacation trailer.

149.

Dwelling, two-family. A dwelling containing only two separate dwelling units, each of which has an independent entrance.

150.

Dwelling, Multifamily. Any building, or portion thereof, that is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or that is occupied as a home or place of residence by three or more families living in independent and separate housekeeping units.

151.

Dwelling, Single-Family (attached—duplex). A building designed for occupancy for two (2) families living independently of each other. A two-family attached unit (also known as a duplex) has a lot line dividing the building and separating the building's two (2) dwellings units onto two (2) separate lots.

152.

Dwelling, Single-Family (attached—townhouse). A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.

153.

Dwelling, Single-Family (detached). A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

154.

Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

155.

Easement, Common Access. An easement created for the purpose of providing vehicular or pedestrian access to a property.

156.

Educational Services Office. A business involved in providing educational training or tutoring in an office environment.

157.

Electrical Energy Generating Plant. A facility or structure where electrical (high voltage) energy is generated.

158.

Electrical Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing power, distribution, and specialty transformers; electric motors, generators, and motor generator sets; switchgear and switchboard apparatus; relays; and industrial controls.

159.

Electrical Power Substations. A part of the electrical distribution system with the primary function to transform electrical voltage, includes transformer stations and switching stations.

160.

Engine, Turbine, and Power Transmission Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing turbines, power transmission equipment, and internal combustion engines (except automotive gasoline and aircraft).

161.

Engineer. A person duly authorized under the provisions of the Texas Engineering Practice Act, V.T.C.A., Occupations Code ch. 1001, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for public works improvements.

162.

Equestrian Center. An improved area, lighted and generally fenced, of at least thirty feet (30') in width or length within which equestrian activities involving horse riding or driving occurs. Also includes boarding stables.

163.

Equipment Rental (Heavy). An establishment that rents large equipment and machinery such as compressors, backhoes, front-end loaders, rolled compactors, generators, tree coppers, trailers, bulldozers, trenching machines, sky lifts, tractors, and dump trucks. This equipment can be self-propelled or because of its size must be hauled or towed. The equipment is generally stored outside. This use may involve the starting and running of machinery.

164.

Equipment Repair Shop. Business providing basic repair services for mechanical equipment.

165.

Exterminating Company. A business providing services for the extermination of rodents and insects.

166.

Family. A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

a.

Any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship;

b.

Four unrelated people; and

c.

Two unrelated people and any children (including adopted children) related to either of them.

167.

Farmer's Market. An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

168.

Fee Schedule. A separate document listing fees for various city applications, prepared by the City Manager or designee and approved by City Council and which may be amended periodically.

169.

Feed Store. An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

170.

Fencing. A masonry, wood fence or opaque fencing pre-approved by the department of public works.

171.

Fifth Wheel Trailer. A recreational vehicle designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

172.

Firearms Sales Establishment. An establishment having at least 25% of its gross floor area used for the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment.

173.

Floodplain. An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the Flood Insurance Rate Map (FIRM) of the City.

174.

Floodway. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

175.

Floor Area. The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

176.

Florist. Retail business whose principal activity is the selling of plants that are not grown on the site and whose business is conducted within an enclosed building.

177.

Food Processing Plant. A building or plant that uses special processes, treatments or blending of foods to achieve a specified result. Not a distribution center.

178.

Front Façade. A façade directly visible from any public street or main circulation drive and the façade used as the primary entrance to the building.

179.

Frontage. All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street line.

180.

Funeral Home or Mortuary. Establishment engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals.

181.

Furniture Repair and Upholstering Shop. A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair.

182.

Garage, Private (attached). A garage that has one or more walls common with the principal building on a lot or that is attached to the principal building by an enclosed porch, or passage way, the roof of which is part of an extension of the roof of the principal building and for the purpose of the height and area regulations of this Zoning Ordinance such a garage is to be considered a part of the principal building.

183.

Garage, Private (detached). A garage existing separate and apart from the main building, but situated on the same lot, tract or parcel of land with the main building.

184.

Garage, Storage. A building or portion thereof, other than a private garage, used exclusively for parking or storage or self-propelled vehicles, but with no other services provided, except facilities for washing.

185.

Gas or Oil Well Operation. Places primarily devoted to subsurface mining of gas or oil. Typical uses are gas and oil drilling operations. Regulations for gas or oil well operation can be found in the city code.

186.

Gasoline Self-Service Pumps Only. Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. This use addresses the presence of self-service pumps only and does not include any related buildings, such as associated convenience store or service station.

187.

Gasoline Filling or Service Station. Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles.

188.

Golf Course. A private or public tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses.

189.

Grade. The average of the finished ground level at the center of all walls of a building. In case any wall is parallel to and within five feet of a sidewalk, grade shall be the sidewalk level.

190.

Grade Plan. A reference plane representing the average of finished ground level adjoining the building at exterior walls.

191.

Greenhouse. A glass or plastic covered house devoted to the protection or cultivation of tender plants.

192.

Grocery Store. A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

193.

Guesthouse/Servants' Quarters. Living quarters operated as an incidental/accessory use that is either attached or detached from the principal residence and used without renting or leasing as a residence by either guests or persons employed to provide domestic services to the occupants of the principal residence.

194.

Guestroom. A rooming unit of only one room. If a guestroom contains sleeping facilities for more than two persons, the accommodations for each two persons or fraction thereof shall be considered as a separate guestroom for density purposes only.

195.

Gun Club, Skeet or Target Range (Indoor). The use of a structure for archery and/or the discharging of firearms indoors for the purpose of target practice or competition.

196.

Gun Club, Skeet or Target Range (Outdoor). The use of land for archery and/or the discharging of firearms outdoors for the purpose of target practice or competition.

197.

Gym or Health/Fitness Center. A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

198.

Gymnastic 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.

199.

Handcraft Shop. A shop where handcrafted art objects are made and displayed for sale.

200.

Health center. A center operated by a governmental agency or eleemosynary organization for the examination, consultation, and referral of human medical patients, and where therapeutic treatment is limited to first aid and the dispensing of drugs and medicines.

201.

Heliport or Helistop. An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

202.

Hobby Shop. A retail shop that sells materials and supplies to person typically used for the making of arts and crafts, including models.

203.

Home-Based Business. A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof.

204.

Homeowners' or Property Owners' Association. A formal nonprofit organization operating under recorded land agreements through which:

a.

Each lot and/or property owner in a specific area is automatically a member; and

b.

Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and

c.

The charge if unpaid, becomes a lien against the nonpaying member's property.

205.

Hospital. An institution for inpatient diagnosis, care, and treatment of human illness on both an emergency and a general basis, together with its related facilities which are incidental and subordinate to, and an integral part of the operation of the hospital.

206.

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

207.

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

208.

Hotel. An establishment offering lodging to the transient public for compensation.

a.

A Hotel is distinguished from motel, motor hotel, or tourist court, in that access to the majority of the guestrooms is through a common entrance and lobby.

b.

A Hotel is a nonresidential use.

209.

Improvement. Any man-made fixed item that becomes part of or placed upon real property, see also Public improvement.

210.

Industrial equipment rental. The rental of any equipment, machinery, or containers that can be used for industrial use.

211.

Industrial Truck, Tractor, Trailer and Stacker Machinery Manufacturing. This industry comprises establishments primarily engaged in manufacturing industrial trucks, tractors, trailers, and stackers (i.e., truck-type) such as forklifts, pallet loaders and unloaders.

212.

Industrialized (Commercial) Building. Includes the following:

a.

A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation systems.

b.

The term includes the plumbing, heating, air conditioning, and electrical systems.

c.

The term does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.

213.

Industrialized Housing. See Industrialized Home [(Commercial Building)].

214.

Infrastructure. All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the City.

215.

Internal Street. Same as common access route.

216.

Jewelry Manufacturing or Assembly. A facility for manufacturing or assembling jewelry.

217.

Junkyard. A place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumberyards, and places for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops, and establishments for the sale, purchase, or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, sale of used cars in operating condition, or salvaged materials incidental to a manufacturing operation.

218.

Kennel. Any lot or premises on which three (3) or more dogs, cats, or other domestic animals at least four (4) months of age, are housed or boarding, trimming, grooming, bathing or similar treatment for which payment is received.

219.

Kindergarten. A school or class of young children four (4) to six (6) years old that develops basic skills and social behavior by games, handicraft and other means.

220.

Laboratory, Scientific or Research. An establishment that engages in research, testing or evaluation of materials or products, but not necessarily medical related.

221.

Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing. This industry comprises establishments primarily engaged in laminating plastics profile shapes such as plate, sheet and rod. The lamination process generally involves bonding or impregnating profiles with plastics resins and compressing them under heat.

222.

Landfill. A tract of land used for the burial of farm, residential, institutional, or commercial waste that is not hazardous, medical, or radioactive.

223.

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

224.

Laundry, Dry Cleaning Drop-Off/Pick-Up. Fabrics, clothes, and linens cleaning shop or drop-off/pick-up station no exceeding six thousand (6,000) SF of Floor Area.

225.

Laundry, Self-Service. A Laundromat facility not exceeding 2,500 SF in Floor Area where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

226.

Laydown Yard. The outdoor storage of equipment, machinery and other items that are used in conjunction with the business located at the property, but the storage of the equipment, machinery and other items are not their primary business. A lay down yard shall not be used for the parking of motorized vehicles.

227.

A zoning lot therefore may or may not coincide with a lot as shown on the official tax maps of the City of Deer Park, or on any recorded subdivision plat or deed.

228.

For the purposes of this definition, ownership of a zoning lot shall be deemed to include a lease of not less than 50 years' duration, with an option to renew such lease so as to provide a total lease of not less than 75 years' duration.

229.

A zoning lot may be subdivided into two or more zoning lots, provided that all resulting zoning lots and all buildings thereon shall comply with all of the applicable provisions of this ordinance. If such zoning lot, however, is occupied by a noncomplying building, such zoning lot may be subdivided, provided such subdivision does not create a new noncompliance or increase the degree of noncompliance of such building.

230.

Leather Product and Saddle Manufacturing. A facility that uses animal hides to produce products for sale, including saddles.

231.

Library. A room or building for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or scientific objects.

232.

Licensee. Any person licensed to operate and maintain a recreational vehicle park under the provisions of this chapter.

233.

Light Assembly and Manufacturing Processes.

a.

The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly form previously prepared materials, but excluding basic industrial processing.

b.

Light fabrication, assembly, manufacturing, and packaging processes do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.

234.

Local Street. A Local Street is a street used primarily for access to the abutting properties.

235.

Locksmith/Security System Company. Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems.

236.

Lot, Corner.

a.

A lot situated at the junction of two or more streets.

b.

A corner lot shall be deemed to front on the street on which it has its smallest dimensions, or as otherwise designated by the Subdivision Plat.

237.

Lot, Depth. The mean horizontal distance from the front street line to the rear line.

238.

Lot, Interior. A lot, the side line of which does not abut on any street.

239.

Lot, Through. An interior lot having frontage on two streets. Such through lot shall provide a front yard on each street.

240.

Lot Lines. The lines bounding a lot as defined herein.

241.

Lot of Record. A lot that is part of a subdivision, a map of which has been recorded in the office of the County Clerk.

242.

Lot Width. The mean horizontal distance between side yard lines measured at right angles to the depth.

243.

Manual on Uniform Traffic Control Devices. The Manual on Uniform Traffic Control Devices or MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.

244.

Manufactured Home Mini-Park. A single contiguous tract of land under one (1) ownership, uninterrupted by streets, alleys or any other public space, and providing spaces for rent or lease as manufactured home sites on a short-term or long-term basis, said spaces being situated and configured similar to individual lots.

245.

Manufactured Home Park. Any single contiguous tract of land under one ownership, uninterrupted by streets, alleys or any other public space, other than a Manufactured Home Mini-Park, where accommodations are provided for non-transient manufactured or mobile home use.

246.

Manufactured Home Sales. The offering for sale, storage, or display of Manufactured Housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

247.

Manufactured Housing. Any one of two types of prefabricated housing products that are typically manufactured or assembled at a location other than the end user's permanent site, and that are regulated by V.T.C.A., Occupations Code ch. 1201. For the purpose of this Zoning Ordinance, there are two types of manufactured homes:

a.

Manufactured Home. As defined in V.T.C.A., Occupations Code ch. 1201, a movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, that is constructed with a base section so as to be independently self-supporting, and that does not require a permanent foundation for year-round living. A manufactured home is also defined as any manufactured home that was constructed prior to June 15, 1976.

b.

Manufactured Home—HUD Code. As defined in V.T.C.A., Occupations Code ch. 1201, a movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, that 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. A HUD-Code manufactured home will display a red certification label on the exterior of each transportable section.

248.

Manufacturing or Industrial Operations. An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted/raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line.

249.

Medical Clinic. A group of offices for one or more physicians, surgeons, chiropractors or dentists, engaged in treating the sick or injured but not including rooms for the abiding of patients.

250.

Model Home. A single-family 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 in the same subdivision.

251.

Manufactured Home Park. Any lot upon which are located one or more manufactured homes, occupied for dwelling purposes, regardless of whether or not a charge is made for each accommodation.

252.

Modular (Industrialized) Home. As governed by the definition within the V.T.C.A., Occupations Code ch. 1202, a structure or building module that is transportable in one 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 permanent 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 a Mobile Home or Manufactured Home—HUD Code as defined in the V.T.C.A., Occupations Code ch. 1201. Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.

253.

Motel, Motor Hotel, or Tourist Court.

a.

An establishment offering to the transient public the use of guestrooms or sleeping accommodations for compensation.

b.

Such an establishment consists of a group of attached or detached guestrooms or sleeping accommodations the majority of which have private and direct access from parking areas not through common entrance and lobby.

c.

The establishment furnishes customary hotel services and many contain a restaurant, club lounge, banquet hall and/or meeting rooms.

d.

A motel is a nonresidential use.

254.

Motor Freight Company. A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.

255.

Motor Vehicle Electrical and Electronic Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing and/or rebuilding electrical and electronic equipment for motor vehicles and internal combustion engines. This would include alternators and generators, ignition wiring harness, coils and ignition, instrument control panels, distributors' spark plugs, electrical ignition cable sets, windshield washer pumps, and generators.

256.

Motor Vehicle Parts Manufacturing. An industry engaged in manufacturing motor vehicle engines and gasoline motor vehicle engine parts such as carburetors, pistons, piston rings and valves. Also includes the manufacture of motor vehicle steering mechanisms and suspension, brake systems, transmissions and power train parts, air conditioning systems and compressors, as well as vehicle stampings such as fenders, tops, trim and molding.

257.

Movie Theatre. A specialized theater for showing movies or motion pictures.

258.

Neighborhood Parks. Parks that provide a variety of outdoor recreational opportunities and are within convenient distances for a majority of the residences to be served thereby.

259.

Newspaper Printing. A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods, including, but not limited to, offset printing, lithography, web offset, flexographic, and screen process printing.

260.

Nonconformities. The term Nonconformities is a general term used to refer to Nonconforming Lot, Nonconforming Structures and Nonconforming Uses, and applies in situations where the lot, structure or use has become noncompliant with these regulations.

261.

Nonconforming Lot. A lot that was platted or otherwise legally developed prior to the adoption of this Chapter.

262.

Nonconforming Structure. A structure that was legally built prior to the adoption of this Chapter.

263.

Nonconforming Use. A use of land that was legally existing prior to the adoption of this Chapter.

264.

Nonresidential Use. Any use other than a residential use.

265.

Nonresidential Zoning Districts. The term "Nonresidential Zoning Districts" means a zoning district as listed a nonresidential zoning district within Table 1: Zoning Districts.

266.

Nursery, Major. An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is included.

267.

Nursery, Minor. A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.

268.

Nursing home. An establishment providing full-time care for physically ill or convalescent patients and licensed as a nursing and convalescent home by the state department of health.

269.

Office, Professional, Medical, or Business. A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

270..

Open space, usable. That part of the ground area which is devoted to outdoor living, recreational or household utility space, but not including private roadways open to vehicular traffic, or off-street parking or loading space.

271.

Open use of land. Includes, but is not limited to, auto wrecking yards, junkyards and salvage yards, dumps, sales yards, storage yards, animal and crop farming, and accessory outdoor storage.

272.

Outside Display. The temporary outside display of finished goods which are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn movers, flowers, pumpkins, Christmas trees, and clothing.

273.

Outside Storage. The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than 24 hours.

274.

Palm Reader/Card Reader. An individual who works out of a small shop and customers are invited to sit with the reader and supposedly reveal future events by "reading" the customer's palm or through the reading and interpretation of Tarot Cards.

275.

Park, Playground, or Community Center, Public. An open recreational facility or park owned and operated by a public agency such as the City or the school district, which is open and available to the general public.

276.

Parking. The temporary storage of automobiles or other motor vehicles as required and permitted by this ordinance, not including the storage and display of such vehicles for sale.

277.

Parking space, off-street. A space for the parking of automobiles or other small vehicles having a minimum width of nine feet and a minimum length of 20 feet, which is located within the boundaries of a recreational vehicle space or a common parking and storage area and which in either case has an unobstructed access to an internal street.

278.

Parking Area. An open area other than a street, alley or place, used for temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

279.

Parking Space.

[a.]

Open space or garage space reserved exclusively for the parking of a vehicle.

[b.]

A permanently surfaced area not less than nine (9) feet wide and 20 feet long, either within a structure or in the open, for the parking of a motor vehicle.

280.

Parking Structure. A structure devoted to the parking or storage of automobiles for a fee.

281.

Parkway. Within the ROW, the area between the property line and the nearest curb or edge of the roadway (if no curb exists).

282.

Pawn Shop. An establishment that lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or that deals in the purchasing of personal property or other valuable things in condition of selling the same back to the seller at a stipulated price.

283.

Penal and Correctional Institutions. Publicly or privately operated facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include an adult detention center, juvenile delinquency center, jail, prison, and halfway house.

284.

Perimeter Street. A street that abuts a parcel of land to be subdivided.

285.

Person. Person means an individual, firm, association, organization, partnership, trust, foundation, company or corporation.

286.

Personal Service Shop. Establishments primarily engaged in providing services generally involving the care of the person or apparel including but not limited to barber and beauty shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress, and health clubs.

287.

Pet Store (Retail Sales Only). A retail sales establishment primarily involved in the sale of pet supplies or the sale or adoption of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.

288.

Petroleum Storage and Collection Facilities. An outdoor area where storage of petroleum is allowed (tank farm).

289.

Pharmaceutical and Medicine Manufacturing. This industry comprises establishments primarily engaged in one or more of the following:

(1)

Manufacturing biological and medicinal products;

(2)

Processing (i.e., grading grinding, and milling) botanical drugs and herbs;

(3)

Isolating active medicinal principals from botanical drugs and herbs; and

(4)

Manufacturing pharmaceutical products intended for internal and external consumption in such forms as ampules, tablets, capsules, vials, ointments, powders, solutions, and suspensions.

290.

Pharmacy. A shop or a store wherein prescription medicines may be obtained during all operating hours wherein primarily medicine and medical supplies are offered for sale.

291.

Photographer's or Artist's Studio/Film Processing. Work space for one or more photographers, artists or artisans, including the accessory sale of art produced on the premises.

292.

Planned unit development. Allows for a development containing uses or a combination of uses in a design that would not comply with the regulations of a primary zoning district. Allows the City Council and Planning and Zoning Commission to allow some flexibility in usage while giving greater control of special conditions and restrictions.

293.

Planning and zoning commission. The Planning and Zoning Commission of the City of Deer Park, Texas.

294.

Public Works Director. The person(s) so designated by the City to provide oversight for and have responsibility of the City's planning and development related duties. This term shall also include any designee of the Public Works Director. Also, this term shall be inclusive of any future variations of the term, such as "Public Works Director" or "Zoning Administrator."

295.

Plastic Products Manufacturing. The making of goods by processing plastics materials and/or raw rubber, with dust and fume control.

296.

Plat.

a.

A map or chart of the subdivision, lot or tract of land that is filed of record in the county Plat Records.

b.

It includes the documents for:

i.

Amending Plat.

ii.

Final Plat.

iii.

Minor Plat.

iv.

Preliminary Plat.

v.

Replat.

297.

Play Field or Stadium, Public. An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, football field or stadium.

298.

Plumbing/Electrical/Air Conditioning Store (Retail Sales Only). Establishments primarily engaged in retails sales of plumbing, heating, and air conditioning equipment, without warehouse facilities, includes storage for ordinary repair but no materials for contracting work.

299.

Police or Fire Station. Protection centers operated by a governmental agency, including administrative offices, storage or equipment, temporary detention facilities, and the open or enclosed parking of safety vehicles; excluding, however, correctional institutions.

300.

Polystyrene Foam Product Manufacturing. This industry comprises establishments primarily engaged in manufacturing polystyrene foam products.

301.

Premises. Any zoning lot, tract, or parcel of land together with its improvements.

302.

Principal Use. The primary or predominant use of any lot or building.

303.

Printing/Duplication Shop or Mailing Center.

a.

An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving; or

b.

A commercial business that conducts the retail sale of stationary products, provides packaging and mail services (both U.S. Postal Service and private service), and provides mailboxes for lease.

304.

Private garage. A building used by the occupants of the premises upon which it is located for sheltering private passenger motor vehicles.

305.

Private Utility. A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety.

306.

Progress Towards Completion. Progress towards completion of the project shall include any one of the following:

a.

An Application for a Final Plat or plan for development is submitted;

b.

A good-faith attempt is made to file with the City or County an Application for a permit necessary to begin or continue towards completion of the project;

c.

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five % of the most recent appraised market value of the real property on which the project is located;

d.

Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

e.

Utility connection fees for the project have been paid to a regulatory agency.

307.

Public Building.

a.

Any building held, used, or controlled exclusively for public purposes by any department or branch of government, federal, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated.

b.

A building belonging to or used by the public for the transaction of public or quasi-public business.

308.

Public Improvement. Any improvement, facility or service together with its associated public site, ROW or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the City or other government authority ultimately assumes the responsibility for maintenance, operation and/or ownership.

309.

Radio or TV Station. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers.

310.

Record Drawings. A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their installation or construction occurs during development. The Record Drawings shall reflect the Construction Plans or working drawings used, corrected, or clarified in the field.

311.

Recreational Vehicle (RV). A vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: camping trailer, truck camper, motor home or other individual camping unit.

312.

Recreational vehicle park (RV Park). A parcel of land under single ownership, upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

313.

Recreational Vehicle Site (RV Site). A plat of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle on a temporary basis.

314.

RV Pad. The area within the camping site set aside for the placement of the camping unit. The minimum size of the "RV pad" shall be 20 feet in width and 50 feet in depth, and made of concrete.

315.

Residential Street. A street that is intended primarily to serve traffic within a neighborhood or limited residential district and that is used primarily for access to abutting properties.

316.

Residential Use. Residential use means use of a structure as a residence.

317.

Residential Zoning Districts. Residential district means a single-family, duplex, townhouse, multiple-family or Manufactured home zoning district as defined in the Zoning Ordinance.

318.

Restaurant. A place where the primary business is the preparation and sale, on the premises, of food to be provided from a full service menu of items which shall be available at all times when the facility is in operation and which lists all food items for sale, provides kitchen facilities separate and apart from the area of the premises devoted to public dining and may or may not provide live entertainment to, or permit dancing by, patrons of the premises.

319.

Restaurant Kitchen Facilities. A separate area located in, or on, the premises of a restaurant and meets the following conditions or standards:

(1)

Meets all requirements of other applicable codes;

(2)

Contains a stove and oven in working order;

(3)

Provides refrigerated storage for food to be prepared and sold on the premises;

(4)

Is staffed by a full-time cook or chef who must be on duty for the preparation of food during the hours that the restaurant is in operation;

(5)

Maintains a food inventory and condiments for use by the cook or chef in the preparation of food for sale; and

(6)

Provides pots, pans, and utensils necessary for use by the cook or chef in preparation of menu items for sale.

320.

Restaurant or Cafeteria, with Drive-Up Window or Curb Service. An establishment, with drive-up window or curb service, where food and drink are prepared and consumed primarily on the premises.

321.

Restaurant or Cafeteria, without Drive-Up Window or Curb Service. An establishment, without drive-up window or curb service, where food and drink are prepared and consumed primarily on the premises.

322.

Retail. Sale to the ultimate consumer for direct consumption and not primarily for resale.

323.

Retail Stores and Shops. An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

324.

Retail Tobacco Store. A retail store that sells mainly tobacco products. This business may also sell tobacco accessories such as lighters, matches, cigarette holders and devices used to preserve tobacco, cigars or cigarettes, which are incidental to the sale of tobacco products.

325.

Retaining Wall. A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles.

326.

Retirement Housing. Any age restricted housing development that may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care.

327.

Right-of-Way.

a.

A parcel of land occupied or intended to be occupied by a street or alley or other transportation infrastructure.

b.

A ROW may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.

c.

The use of ROW shall also include parkways and medians outside of pavement.

328.

Rodeo Grounds. A public gathering place for rodeo activities in which there are performances of riders with horses and generally involving cattle. The area may involve various cattle pens, barns or shelters. Parking generally would involve double drive-through spaces for participants with trucks pulling horse trailers and standard parking for spectators.

329.

Rooming unit. A suite of rooms forming a single habitable unit used or intended to be used for residential or transient purposes, but not including cooking facilities of any kind. Where a rooming unit is designed to be divided into separate guestrooms, then each separate sleeping room shall be counted as a guestroom for density purposes. See Boarding Room.

330.

School, Career. Career schools including programs such as dental assisting, pharmacy technician, nurse aide, veterinary assistant, etc.

331.

School, Private. Includes private school facilities providing K-12 education.

332.

School, Public. Includes public school facilities providing K-12 education.

333.

Scientific Research and Development Center or Laboratory. A facility that includes laboratories and experimental equipment for medical testing, scientific testing, prototype design and development, and product testing. Any facility that is determined by Health, Fire, or Building Officials to be a hazard or nuisance to adjacent property or the community at large due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not included in this category.

334.

Seamstress or Tailor Shop. Establishments primarily engaged in manufacturing or modifying clothing.

335.

Setback Line. A line within a lot, parallel to and measured from a corresponding lot time, established the minimum required yard and governing the placement of structures and uses on the lot.

336.

Shipping containers. Standardized sealable shipping containers, designed for intermodal transportation, either with or without a permanent affixed chassis, used in interstate or international commerce for the shipment of goods and merchandise.

337.

Shipping Container Storage Yard. A facility for the storage, handling, and repair of shipping containers.

338.

Shoe Repair Shop. An establishment with the principal business of repairing shoes.

339.

Sign. Any structure or natural object, such as a tree, rock, bush, and the ground itself or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, other than itself, or to any product, place, activity, person, institution, organization or business, or which shall display or include any letter, work [word], model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For purposes of this ordinance, the following shall not be deemed to be included within the definition of "sign":

a.

Sign, flag, pennant, or insignia of any Nation, State, City or other political unit, or division thereof.

b.

Signs placed by a public utility showing the location of facilities.

c.

Signs necessary for purposes of traffic control, including but not limited to "exit," "entrance," and "reserved parking."

340.

Site Plan. A detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is associated with the Zoning Ordinance.

341.

Small Engine Repair Shop. A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.

342.

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

343.

Smelter, Refinery, or Chemical Plant. A building or facility for refining or processing oil or a chemical plant for producing chemical products or processing of those products.

344.

Soap and Cleaning Compound Manufacturing. This industry comprises establishments primarily engaged in manufacturing and packaging soap and other cleaning compounds surface active agents, and textile and leather finishing agents used to reduce tension or speed the drying process.

345.

Stable. Housing and related facilities or open pasture where horses are quartered for owners.

346.

Storage Units, Mini.

a.

A building containing separate, individual self-storage units for rent or lease.

b.

The conduct of sales, business, or any activity other than storage does not occur within any individual storage unit.

347.

Storefront. Storefronts are defined as the part of the building that fills the structural bay on the front façade at grand [ground] level.

348.

Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling to the top of the roof rafters.

349.

Street. A public ROW which provides primary vehicular access to abutting property. It may be designated as a street, avenue, boulevard, drive, freeway, highway, lane, parkway, place or road. It may be classified as a local street, minor (secondary) thoroughfare, or major (primary) thoroughfare. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street.

a.

Major (primary) thoroughfares. A convenient, direct route that has as its principal purpose the rapid and safe movement of large volumes of traffic between areas within the City, through the City, or from the City to areas outside. Land access should be a secondary function of a major thoroughfare.

b.

Minor (secondary) thoroughfare. A street that provides a convenient route from local streets to a major thoroughfare, between major thoroughfares, or from local streets to local traffic generators such as shopping centers, community centers or schools.

c.

Local street. An improved public ROW that, as its principal purpose, provides access to abutting property. Since movement of traffic is a secondary function, local streets should be designed to discourage through traffic.

350.

Structural Alterations. Any change in any supporting member of a building, such as a bearing wall, column, partition, beam, or girder, or a change in the pitch or height of the roof.

351.

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

352.

Subdivision Ordinance. The adopted Subdivision Ordinance of the City.

353.

Subdivision Waiver. A waiver, exemption, or modification to the Subdivision Ordinance.

354.

Surveyor. A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State to practice the profession of surveying.

355.

Tattoo Studio. A commercial use involving the marking of skin of persons with a design by a process of pricking or ingraining an indelible pigment or by raising scars, or similar method.

356.

Taxidermist. An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

357.

Telephone Exchange (No Offices or Storage Facilities). A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers.

358.

Temporary Building for New Construction.

a.

A structure or shelter used in connection with the construction of a development or building project for housing on the site of temporary administration and supervisory functions and for sheltering employees and equipment.

b.

Buildings are permitted for a specific period of time in accordance with a permit issued by the City.

c.

The term "Temporary Field or Construction Office" may also be used.

359.

Temporary occupancy permit. A permit for the temporary use of a parcel of land for a prescribed time period.

360.

Textile Manufacturing, with dust and odor control. Establishments primarily engaged in finishing of textiles, fabrics, and apparel, with dust and odor controls.

361.

Thoroughfare. See Arterial Street.

362.

Tinsmith/Sheet Metal Shop. A shop where flat sheets of metal are shaped into three-dimensional objects and soldered, brazed or welded.

363.

Tower/Antenna: TV, Radio, Microwave, Telephone, or Cellular. Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television.

364.

Trailer. A portable dwelling unit designed to move on wheels from location to location by automobile or truck.

365.

Travel Trailer. Any vehicle, or similar portable structure that can be legally moved on state highways without a special permit, and having no foundation other than wheels, jacks, or skirting, and so designated or constructed as to permit occupancy for temporary dwelling or sleeping purposes. The term "Travel trailer" is also defined as a recreational vehicle designed to be towed by a motorized vehicle containing a towing mechanism that is mounted behind the tow vehicle's bumper.

366.

Transit Center. Any premises, including train or bus stations, for the loading and unloading of passengers and the temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of transit vehicles.

367.

Transportation Plan. The plan that guides the development of adequate circulation within the City, and connects the City street system to regional traffic carriers. Also referred to as the Thoroughfare Plan.

368.

Truck Sales, Heavy Trucks. The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

369.

Truck camper. A recreational vehicle consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck.

370.

Uninhabitable. The deterioration to the RV that has created a dangerous or unsafe situation or condition and is not structurally sound in accordance to the certification by the manufacturer as complying with ANSI (American National Standards Institute), A119.2, A119.5 or the standard building code as presently adopted by the City of Deer Park, Texas.

371.

Urethane and Other Foam Product (except Polystyrene) Manufacturing. This industry comprises establishments primarily engaged in manufacturing plastics foam products.

372.

Use. The purpose or activity for which land or structures thereon is designed, arranged, or intended to be occupied or used, or for which it is occupied, maintained, rented or leased.

a.

Use, nonresidential. Any use other than a residential use.

b.

Use, residential. Any use listed as a permitted use in Groups 3, 4, 5, 6, 7 or 9, together with uses accessory to such uses.

373.

Usable Open Space. An area or recreational facility that is designed and intended to be used for outdoor living and/or recreation. Usable Open Space may include recreational facilities, water features, required perimeter landscape areas, floodplain areas, and decorative objects such as art work or fountains.

374.

Utility Distribution/Transmission Line. Facilities, including subsidiary stations that serve to distribute, transmit, transform, or reduce the pressure of gas, water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and metering stations.

375.

Vacation Travel Trailer. A vacation travel trailer is a vehicular portable structure designed for a temporary or short-term occupancy for travel, recreational or vacation uses. Such vehicles shall include travel trailers, converted buses, tent trailers, recreational vehicles, motor homes or similar devices used for temporary portable housing.

376.

Vacation Travel Trailer Park. A Vacation Travel Park is any tract of land under single ownership and where accommodation is provided for transient trailer use for a maximum of seven (7) days.

377.

Vested Right. A right of an Applicant to have the City review and decide an Application under standards in effect prior to the effective date of the standards of this Zoning Ordinance and/or of any subsequent amendments.

378.

Vested Rights Petition. A request for relief from any standard or requirement of the Zoning Ordinance based on an assertion that the Applicant (petitioner for relief) has acquired a Vested Right.

379.

Veterinarian Clinic. An establishment where animals and pets are admitted for examination and medical treatment.

379.[1.]

Violation. Failure to comply and to maintain compliance with any provision of this ordinance, by failing to comply with either the restrictions or the requirements of this ordinance.

380.

Warehouse. Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.

381.

Wedding Chapel, Reception Facility, Special Events Center. A building, facility, room, or portion thereof, which is rented leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged.

382.

Wholesale Center. An establishment or place of business primarily engaged in selling and/or distributing merchandise to the general public; to retailers; to industrial, commercial, institutional, or professional business users; and to other wholesalers.

383.

Wildlife Rehabilitation Center. A property or building where wildlife animals are kept for the purpose of undergoing rehabilitation.

384.

Wood Window and Door Manufacturing. This industry comprises establishments primarily engaged in manufacturing window and door units, sash, window and door frames, and doors from wood or wood clad with metal or plastics.

385.

Woodworking and Planning Mill.

a.

Establishments with dust and noise control and primarily engaged in one or more of the following:

i.

Manufacturing dimension lumber from purchased lumber;

ii.

Manufacturing dimension stock (i.e., shapes) or cut stock;

iii.

Re-sawing the output of sawmills; and

iv.

Planning purchased lumber.

b.

These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.

386.

Wrecking or Auto Salvage Yard. A yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.

387.

Yard.

a.

An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

b.

In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

388.

Yard, Front. A yard across the full width of a lot extending from the front line of the main building to the front property line of the lot.

389.

Yard, Rear. A yard extending across the full width of the lot and measured between the rear property line of the lot and rear line of the main building, except that area included in the side yard as defined below.

390.

Yard, Side. A yard between the building and the side property line of the lot and extending from the front yard to the required minimum rear yard.

391.

Official Zoning District Map. The official map kept at city hall, which depicts the boundaries of the various zoning districts as adopted by Ordinance No. 0-43, and as it may be amended.

392.

Zoning district. Any predevelopment, residential, commercial or industrial district.

393.

Zoning Ordinance. Ordinance No. [3886], adopted by council on [March 21, 2017], and as it may be amended in the future, and may be referred as "this Ordinance."