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

Accessory building (residential): In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business (i.e., the building area must be significantly less than that of the main structure). Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse as a hobby (no business), home workshop, children's playhouse, storage building, garden shelter, etc.

Accessory building (business or industry): In the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed fifty (50) percent of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see accessory use).

Accessory use: A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith (i.e., the land/building area that is used for the accessory use must be significantly less than that used for the primary use).

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

Alcohol beverage off-premises retail outlet: A store or establishment that sells primarily alcohol for off-premises consumption.

All-weather surface: All-weather surface shall mean either:

a.

Five (5) inches of compacted base material with two (2) inches of asphaltic concrete cover; or

b.

Four (4) inches of concrete on a prepared sub-grade.

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

Ambulance service: Provision of private (not operated by the City of Denison) emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.

Amusement arcade (also video arcade): Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten (10) percent of the public floor area is devoted to three (3) or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, commercial, with or without alcohol sales (indoor): An amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, axe throwing, and other similar types of uses. If the premises is in a district which requires a conditional use permit for this use, the city shall designate the permit as "with" or "without alcohol".

Amusement, commercial, with or without alcohol sales (outdoor): An amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses. If the premises is in a district which requires a conditional use permit for this use, the city shall designate the permit as "with" or "without alcohol".

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

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

Assisted living facility: A building or buildings, other than a single-family dwelling, designed and staffed to provide housing for residents who require some type of support for daily living, such as assistance for bathing, dressing, medication, meal preparation, or other functions. In addition to housing, this type of facility may also provide convenience services such as meals, housekeeping, transportation and community facilities such as central dining rooms and activity rooms. No long-term or permanent skilled nursing care or related services are provided.

Auto body painting and rebuilding: Auto body painting and rebuilding includes, but is not limited to, priming and painting of the auto body, upholstery work, interior and exterior trim work and all other nonmechanical parts or systems of an automobile.

Auto dealer (classic and performance): Indoor display and sale of vehicles that are a minimum of twenty-five (25) years in age and/or designed and built with powerful engines designed for high performance driving. This use does not include service and repair of vehicles.

Auto dealer (new): Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service and repair of new or used vehicles.

Auto dealer (used): Retail sales, or offering for sale, used automobiles or light load vehicles and auto repair (minor).

Auto laundry or car wash: Washing, waxing or cleaning of automobiles or light duty trucks.

a.

Attended or full service auto laundry or car wash—The owner of the vehicle does not actually wash the vehicle. Instead, he either leaves the vehicle and comes back to retrieve it later, or he waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

b.

Unattended auto laundry or car wash—The owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Auto parts supply store and accessory sales (indoors): The use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Auto rental: Storage or renting of automobiles and light trucks.

Auto storage or impound lot: The storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles (see wrecking yard).

Automobile accessory installation (minor): Minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.

Automobile repair (major): The term "automotive repair" includes any and all activities where parts of a vehicle are removed, repaired or replaced includes body repair and mechanical repair, but does not include wrecking or salvage operations.

Automobile repair (minor): Auto mechanical repair includes, but is not limited to, repair of an auto's engine, brakes, front end and suspension, HVAC system, cooling system, electrical system and the component parts necessary for the effective operation of each.

Automotive gasoline or motor fuel service station: Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under automobile repair, minor. Vehicles that are inoperative or are being repaired may not remain parked outside these facilities for a period greater than forty-eight (48) hours.

Bakery or confectionery (retail): A facility less than fifteen thousand (15,000) square feet for the production and/or sale of baked goods.

Bakery or confectionery (wholesale or commercial): A manufacturing facility over fifteen thousand (15,000) square feet for the production and distribution of baked goods and confectioneries to retail outlets.

Ballroom dancing: An establishment open to the general public for dancing (no sales of alcoholic beverages for on-premises consumption shall be permitted) to live or recorded music.

Bank, savings and loan, or credit union: An establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Bar or tavern: An establishment primarily devoted (seventy-five (75) percent) to the serving of alcoholic beverages for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages.

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

Basement (or cellar): A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (½) of its height is above the average level of the adjoining ground. A cellar shall be located in the rear yard.

Bed and breakfast inn or facility: A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than ten (10) rooms for transient guests for compensation.

Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the planning director (or his/her designee) shall determine the outline of the block.

Boarding or rooming house: A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.

Brew pub or micro-brewery: A restaurant or other facility that manufactures alcoholic beverages including but not limited to beer, wine or liquor for either on-premises or off-premises retail and wholesale and consumption in quantities not considered industrial or large scale production as determined by the director of planning and zoning or designee.

Brewery/distillery: The production of beer, wine and/or liquor at industrial quantities and internal large scale commercial distribution.

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

Building height: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof.

Building line: A line parallel, or approximately parallel, to any lot line at a specific distance there from, marking the minimum distance from the lot line that a building may be erected (see Illustration 8).

Building, main or primary: A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Building materials and hardware sales (indoor or outdoor): Materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a "home improvement center." "Outdoor" means the storage of materials and products outside of the main building.

Building official: The inspector or administrative official charged with responsibility for issuing permits and enforcing the zoning chapter and building code of the City of Denison.

Building permit: A permit as required by the current building code that is issued by the building official authorizing the erection, construction, reconstruction, alteration, repair, conversion, demolition, moving or maintenance of any building, structure or improvement to a given lot or tract of land or portion thereof.

Building site: See lot definition.

Bus station or terminal: Any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.

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

Carnival, circus or tent service (temporary): Outdoor or indoor commercial amusement provided on a temporary basis.

Carport: A structure that is open on a minimum of two (2) sides and designed or used to shelter not more than three (3) vehicles and not to exceed twenty-four (24) feet on its longest dimension. Also called "covered parking area."

CBD/cannabidiol (CBD), is short for cannabidiol and means a nonintoxicating cannabinoid found in hemp and is considered a consumable hemp product.

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

Cemetery, pet or animal: Same as cemetery except only for the burial of dead animals.

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

Child day center (or day care center): A commercial institution or place designed for the care or training of twelve (12) or more unrelated children under fourteen (14) years of age for less than twenty-four (24) hours a day.

Church, rectory or temple: A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by state law). For the purposes of this chapter, Bible study and other similar activities that occur in a person's primary residence shall not apply to this definition.

City council: The governing body of the City of Denison, Texas.

City of Denison: The City of Denison, Texas; sometimes referred to as the "city."

Civic center: A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a municipality.

Cleaning plant (commercial/wholesale): An industrial facility where fabrics are cleaned with substantially no aqueous organic solvents on a commercial or wholesale basis.

Cleaning shop or laundry (small shop, pickup and self-service): A custom cleaning shop not exceeding two thousand five hundred (2,500) square feet of floor area and may include customer self-service laundry and cleaning.

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

Commercial amusement (indoor): See amusement, commercial (indoor).

Commercial amusement (outdoor): See amusement, commercial (outdoor).

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

Community center (private): A central social and recreational building as part of a residential development—example: Apartment complex, senior citizen, HUD housing recreation center, etc. for use by resident of development.

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

Concrete or asphalt batching plant (permanent): A permanent manufacturing facility for the production of concrete or asphalt.

Continuing care facility: A housing development designed to provide a full range of accommodations and services for older adults (fifty-five (55) years of age or older), including any combination of independent living, assisted living and skilled nursing. Residents may move from one (1) level of care to another as their needs change.

Contractor's shop with outside storage yard: A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Consumable hemp product means a food, a drug, a device, or a cosmetic, as those terms are defined by Texas Health and Safety Code Section 431.002, that contains hemp or one (1) or more hemp-derived cannabinoids, including cannabidiol.

Convenience store with fuel pumps: A retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumption and includes the dispensing of motor vehicles fuels but does not include any automotive repair services.

Convenience store without fuel pumps: A retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumption.

Copy shop or printing: An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than four thousand (4,000) square feet.

Country club (private): A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

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

Coverage: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

Custom personal service shop: Personal service and services involving the care of a person, including barbershop, beauty shop, hair salon, tailor, dressmaker, shoe shop, or similar shop offering custom service.

Dance hall or nightclub: An establishment dispensing alcoholic beverages for consumption on the premises and where dancing, recorded or live musical entertainment is permitted.

Data center: A facility whose primary service is data processing and is used to house computer systems and associated components, such as telecommunications and storage systems, including but not limited to web hosting organizations and internet service organizations. A server farm, telecom hotel, carrier hotel, telco hotel, telehouse co-location center, or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center.

Day camp for children: A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

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

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

Disabled individual: A person who has a physical or mental impairment that substantially limits one (1) or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment. The term "disabled" includes persons recovering from addiction, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802).

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

Drapery, blinds, or furniture upholstering shop: An establishment for the production, display and sale of draperies, window blinds, and soft coverings for furniture.

Dwelling: Any building or portion thereof, which is designed or used as living quarters for one (1) or more households including facilities for food preparation and sleeping.

Dwelling, single-family attached (townhouse): See single-family dwelling (attached).

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

E-cigarette means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device. The term "e-cigarette" includes every variation and type of such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaping device, or any other product name or descriptor, and any aerosol, liquid, or vapor used in such a device regardless of whether the device is manufactured, distributed, or sold as such; and a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device. The term "e-cigarette" does not include a prescription medical device unrelated to the cessation of smoking.

E-cigarette, cigarette, cigar, and/or tobacco retailer shall include an owner, operator, manager, and/or someone otherwise responsible for an e-cigarette, cigarette, cigar, and/or tobacco retail shop, tobacco bar, or any other commercial business location, vending machine and/or a motorized vehicle where e-cigarettes, CBD, cigarettes, cigars, hemp and/or any form of tobacco are primarily sold, kept for sale, or consumption or otherwise stored.

E-cigarette, cigarette, cigar, and/or tobacco retail shop shall mean a commercial business location, vending machine and/or a motorized vehicle where e-cigarettes, CBD, cigarettes, cigars, hemp, and/or any form of tobacco are primarily sold, kept for sale or consumption or otherwise stored.

Educational facilities: Public and private primary, secondary and postsecondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children as the Head Start Program.

Electrical substation (high voltage bulk power): A subsidiary station in which electric current is transformed.

Enclosed building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air.

Excavation: The removal of earth material by artificial means, also referred to as a cut.

Fairgrounds or exhibition area: An area or space either outside or within a building for the display of topic-specific goods or information.

Family home (child care in place of residence): A facility that regularly provides care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed twelve (12) at any given time. No outside employment is allowed at the facility. This facility shall conform to V.T.C.A., Human Resources Code ch. 42, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

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

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

Fill: Deposition of earth materials by artificial means.

Fire, police or municipal building: Any public service building of the municipal government including a library or City Hall, but excluding storage yards, utility shops and equipment centers.

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

Floor area: The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

Floor area ratio (F.A.R.): The floor area of a main building or buildings on a lot, divided by the lot area (see Illustration 12).

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

Food catering, take out service, or small food product preparation: An establishment in which the principal use is the preparation of food and/or meals on the premises, and where such food and/or meals are delivered to another location for consumption or distribution, and where such use occupies not more than five thousand (5,000) square feet in gross floor area.

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

Franchised private utility (not listed): A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Denison.

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

Front yard: See yard, front.

Funeral home: A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation but does not include on-site cremation services.

Furniture, home furnishings or appliance stores: This group includes retail stores selling new goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.

Furniture store (new and used): Same as above except sales may include used items.

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

Garage/accessory dwelling: A residential dwelling unit attached to or over a garage but not attached to the main residential structure.

Garden shop (inside storage): A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Gasoline or diesel service or filling station: See automotive gasoline or motor fuel service station.

General commercial plant: Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.

General manufacturing: See industrial, manufacturing.

Golf course: An area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Grading: Any earthwork that involves grubbing, excavating, embanking, or filling.

Grocery store: Any building where most of the gross floor area is devoted to the sale of food products for home preparation and consumption but may also offer prepared food for on- or off-site consumption, retail personal and household items, and a pharmacy.

Group day care home: Means a facility that provides care for seven (7) to twelve (12) children under fourteen (14) years of age less than twenty-four (24) hours a day.

Gymnastic or dance 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.

Hall, reception/banquet/meeting: 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.

Hauling or storage company: See motor freight company.

Health club/fitness center: A private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weightlifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.

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

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

Heliport: An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop: The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Hemp means the plant cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Home occupation: An occupation carried on in a dwelling unit by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.

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

Household: A domestic unit that resides in and shares in common a single dwelling unit and consists of one (1) or more individuals related by blood, marriage, adoption or recognized legal union or guardianship, and not more than four (4) unrelated individuals, plus any minor children, or persons residing in a household care facility.

Household care facility: A dwelling unit that provides residence and care to not more than six (6) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two (2) caregivers as a single household. Where applicable, a household care facility shall have appropriate licensing and/or registration by the State of Texas. This definition includes, without limitation, Community Homes under V.T.C.A., Human Resources Code ch. 123, as amended.

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

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

Incidental or accessory retail and service uses: Any use different from the primary use but which compliments and/or supplements the primary use (for example, a sundries shop that serves tenants of an office building or hospital). Incidental shall mean an area which constitutes not more than fifteen (15) percent of the main use.

Independent living facility: A development providing individual dwelling units specifically designed for the needs of seniors. A minimum of eighty (80) percent of the total units shall have a household head fifty-five (55) years of age or greater. In addition to housing, the facility may provide convenience services such as meals, housekeeping or transportation and community facilities such as a central dining room and activity rooms.

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

Industrialized home or modular home: Means a structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one (1) or more sections on a temporary chassis or other conveyance device and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (TX CIV ST Art. 5221f, as it presently exists or may be amended in the future); nor does it include building modules incorporating concrete or masonry as the primary structural component.

Kennels (indoor pens): An establishment with indoor pens in which more than four (4) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kennels (outdoor pens): An establishment with outdoor pens in which more than four (4) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kindergarten or nursery school (private): An establishment where more than three (3) children are housed for care and/or training during the day or portion thereof.

Kiosk: A small, freestanding, one-story accessory structure having a maximum floor area of one hundred (100) square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of fifty (50) square feet.

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

Laboratory equipment manufacturing: A facility that makes or produces equipment or products used for research or testing.

Laboratory, scientific or research: An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see medical facilities—medical laboratory).

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

Laundromat, self-service: A facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.

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

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

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

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

Lot: A platted (as specified in V.T.C.A., Local Government Code ch. 212) parcel of land that is occupied or intended to be occupied by one main building (or a group of main buildings) and any accessory building(s), which includes such parking, landscaping and open space as are required by this chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street.

Lot area: The total area, measured on a horizontal plane, included within lot lines.

Lot, corner: A lot which has at least two (2) adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five (135) degrees (see Illustration 13).

Lot depth: The mean horizontal distance between the front and rear lot lines (see Illustration 14).

Lot, double frontage: A lot having frontage upon two (2) nonintersecting streets, as distinguished from a corner lot (see Illustration 9).

Lot, flag: A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet. Flag or panhandle lots are typically discouraged.

Lot, interior: A lot other than a corner lot.

Lot frontage: That dimension of a lot or portion of a lot abutting onto a street, excluding the side dimension of a corner lot.

Lot line, front: The narrower side of the lot abutting a street. Where two (2) lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines (see Illustration 8).

Lot, key: A corner lot whose exterior side is adjacent to the front yard of another lot.

Lot line, rear: The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero (see Illustration 8).

Lot line, side: Any lot line not the front or rear lot line.

Lot lines or property lines: The lines bounding a lot as defined herein.

Lot of record: A lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Grayson County.

Lot width: The horizontal distance measured between side lot lines parallel to the front lot line and measured from the point on the building line that is closest to the front lot line (see Illustration 14).

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

Manufactured home display or sales (new): The offering for sale, storage, or display of new manufactured housing units (e.g., mobile homes/trailers, HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured home display or sales (used): The offering for sale, storage, or display of previously owned (i.e., used), movable manufactured housing units (e.g., mobile homes/trailers, HUD-Code homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured housing: Any one (1) of three (3) types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (TX CIV ST Arts. 5221f and 5221f-1, as they presently exist or may be amended in the future). For the purpose of this chapter, there are three (3) types of manufactured homes:

a.

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

b.

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

c.

Industrialized home (also called "modular prefabricated structure or modular home")—A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one (1) or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (TX CIV ST Art. 5221f, as it presently exists or may be amended in the future). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.

Market (farmers): An open air or enclosed marketplace where agricultural goods such as vegetables and plants are sold.

Masonry construction: That form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick veneer, exterior plasters (including stucco), or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar.

Mausoleum: Property used for the interring of the dead and where bodies are interred above ground in staked vaults.

Medical facilities:

a.

Medical clinic or office—A facility or group of offices for one (1) or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.

b.

Dental office or doctor's office—Same as medical clinic.

c.

Hospital—An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

d.

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

e.

Public health center—A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

f.

Sanitarium—An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

g.

Surgical out-patient facility—An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.

h.

Medical laboratory—An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.

Mini-warehouse: Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

Minor medical emergency clinic: See medical clinic or office.

Mobile food unit: A mobile food unit shall be defined herein as a unit designed to be readily movable and from which food or beverages are prepared and offered for sale. Notwithstanding the use designations listed for mobile food units in section 28.49, a mobile food unit shall be allowed at any public parks owned by the City where the operator has obtained a special events permit for a mobile food unit in accordance with chapter 15, article III of this Code, or where the city has hired a mobile food unit operator for concession services at a public park.

Mobile food unit park An area designed to accommodate two (2) or more mobile food units and offering food and/or beverages for sale to the public as the primary use of the property. Mobile food unit parks must provide a paved surface for mobile food unit parking and access to refuse collection containers and must provide restroom facilities. Any reference to "food truck park" in this chapter 28 shall mean mobile food unit park.

Mobile home park (also trailer park or RV park): A parcel of land not less than three (3) acres nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for short- or long-term occupancy by mobile homes/trailers and/or recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Mobile home space: A plot of ground within a mobile home park, trailer park, RV park, or mobile home subdivision which is designed for the accommodation of one (1) mobile home, trailer or RV unit.

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

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

Motel or hotel: A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.

Motorcycle: A usually two-wheeled, self-propelled vehicle having one (1) or two (2) saddles or seats, and which may have a sidecar attached. For purposes of this chapter, motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.

Motorcycle sales and repair: The display, sale and/or servicing, including repair work, of motorcycles.

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.

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

Multiple-family (apartments): Attached dwelling units designed to be occupied by four (4) or more households living independently of one another, exclusive of hotels, motels, or residence hotels.

Municipal facility or use: Any area, land, building, structure and/or facility which is owned, used, leased or operated by the City of Denison, Texas.

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

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

Nursing, convalescent or rest home: See skilled nursing facility.

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

Offices, administrative, medical, or professional: A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, medical, architect, engineer, travel, secretarial services, accounting organizations and associations.

Office center: A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.

Office showroom: An establishment with no more than twenty-five (25) percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Office, temporary field: A temporary or mobile office which is intended for the purpose of construction management.

Office warehouse: An establishment with more than twenty-five (25) percent of the total floor area devoted to storage and warehousing, but not generally accessible to the public.

Officially approved place of access: Access to a property, other than from a dedicated street, which is approved by the City of Denison.

Off-street parking incidental to main use: Off-street parking spaces provided in accordance with the requirements of this chapter, located on the lot or tract occupied by the main use or within one hundred fifty (150) feet of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.

Outside display: Outside temporary display of finished or other goods that are specifically intended for retail sale but not displayed outside overnight.

Outside storage: The permanent and/or continuous keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as "open storage."

Paint shop: A commercial establishment where painting services are performed (but not automotive-related painting services, which would be included under automobile repair (major)).

Parcel: Any unplatted tract of land, or any portion of an unplatted tract of land (also see tract).

Park or playground (private): See private recreation facility.

Park or playground (public): See public recreation.

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

Parking lot or structure, commercial (auto): An area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.

Parking space: An off-street (i.e., not on a public street or alley) area, paved in accordance with City of Denison parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.

Patio home (zero-lot-line dwelling): A single-family dwelling on a separately platted lot which is designed such that one (1) side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one (1) side (i.e., wall) of such dwelling placed on the side property line (see section 28.25).

Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with local, state and federal regulations.

Personal fitness facility: A facility where members or nonmembers use equipment or space for the purpose to receive personal exercise training or exercise in classes in a gross leasable area not exceeding three thousand five hundred (3,500) square feet.

Personal service shop or custom personal services establishments: Less than two thousand (2,000) square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his apparel and including (but not limited to) barber/beauty shops, dressmaking, shoe shining and repair, dry-cleaning and laundry pickup stations, tailor or seamstress services, and other similar types of uses (no outside storage).

Pet and animal grooming shop: A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Petroleum distribution/storage/wholesale facility: A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.

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

Planning and zoning commission: A board which is appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. Also referred to as the "commission."

Plat: A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of Denison, and which is approved by the City of Denison and recorded in the plat records of Grayson County.

Platted lot: See lot and lot of record.

Playfield or stadium (private): An athletic field or stadium owned and operated by an agency other than the City of Denison or the school district.

Playfield or stadium (public): An athletic field or stadium owned and operated by a public agency (e.g., City of Denison, the school district, etc.) for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.

Portable building sales (outdoor display): An establishment which displays and sells structures capable of being carried and transported to another location, but not including mobile homes.

Premises: Land together with any buildings or structures situated thereon.

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

Principal building: See main building.

Private club: An establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of V.T.C.A., Alcoholic Beverage Code Title 3, ch. 32, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

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

Produce stand: A seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.

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

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

Property take line: The property or ownership line of property owned by the Corps of Engineers around Lake Texoma.

Public agency building, shop, yard or facility: Any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: The State of Texas, the United States, or other public utility or agency. Any facility that is owned, leased, used and/or occupied by the City of Denison is defined as "municipal facility or use."

Public recreation: Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Denison's Code of Ordinances.

Public view: Public view means areas that can be seen from any public street.

Rear yard: See yard, rear.

Recreation center: A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Recreational vehicle (RV): "Recreational vehicle" shall mean a general term for a vehicular unit not exceeding forty (40) feet in overall length, eight (8) feet in width or twelve (12) feet in overall height which applies to the following specific vehicle types:

a.

Camper trailer—A folding or collapsible vehicular structure, without its own power, designed as a temporary living quarters for travel, camping, recreation and vacation uses and licensed and registered for highway use.

b.

Travel trailer—A rigid structure, without its own motive power, designed as a temporary dwelling for travel, camping recreation and vacation use licensed and registered for vacation use and licensed and registered for highway use and which when equipped for the road has a body width of not more than eight (8) feet.

c.

Truck camper—A portable structure, without its own motive power, designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation and vacation use and which in combination with the carrying vehicle is licensed and registered for highway use.

d.

Motor home—A vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for travel, camping, temporary living quarters for travel, camping, recreation and vacation use and licensed and registered for highway use.

Recreational vehicle/camper sales and leasing: An establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational vehicle (RV) park: An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis (see also mobile home park).

Recycling center: A recycling facility shall be located inside of a building, and shall be used for the collection, storage, and resale of recyclables. Items to be recycled may consist of glass, paper, metal, liquid, or plastics.

Rehabilitation care facility: A facility which provides residence and care to not more than six (6) persons, regardless of legal relationship, who have been convicted of prohibited criminal conduct, and received conditional release, parole or community supervision, living together with not more than two (2) supervisory personnel as a single household. Where applicable, a rehabilitation care facility shall have appropriate licensing and/or registration.

Rehabilitation care institution: A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have been convicted of prohibited criminal conduct and received conditional release, probation or parole with supervision, together with supervisory personnel. Where applicable, a rehabilitation care facility shall have appropriate licensing and/or registration.

Residence: Same as a dwelling; also, when used with district, an area of residential regulations.

Residence hotels: A multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities under one (1) roof and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this chapter.

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

Restaurant or cafeteria (with drive-through service): An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window(s).

Restaurant or cafeteria (with no drive-through service): An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises and derives at least seventy-five (75) percent of its revenues from the on-premises consumption of food or nonalcoholic beverages, and which do not have a drive-through window.

Restaurant or eating place (drive-in service): An eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Retail or service, incidental: The rendering of incidental retailing or services incidental to the primary use. In the office district, for example, such uses may include a barber/beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than fifteen (15) percent of the main use.

Retail store and shop: 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.

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

Rooming house: See boarding house.

Salvage or reclamation of products (also see wrecking yard): The reclamation and storage of used products or materials.

Sand, gravel or stone extraction and/or storage: The process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.

School, business: A for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School, commercial trade: A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

School, private (primary or secondary): A school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

School, public or parochial: A school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.

Scientific and industrial research laboratories: Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

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

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

Sexually oriented business: See chapter 29 of the city Code of Ordinances.

Shopping center: A group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.

Side yard: See yard, side.

Single-family dwelling, detached: A dwelling designed and constructed as a freestanding structure for occupancy by one (1) household, and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.

Skilled nursing facility: A facility providing primarily in-patient health care, personal care, or rehabilitative services over an extended period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization for acute care.

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

Stable, commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules.

Stable, private: An area used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.

Storage or wholesale warehouse: A building used primarily for the storage of goods and materials.

Story: That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story shall be defined as twelve (12) feet. The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories (i.e., height) of a building shall be measured from point representing the average slope from front to back (or side to side) of the building.

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

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

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

Street yard: The area between the building front line and the front property (i.e., right-of-way) line.

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

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

Studio, health/reducing/fitness: Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.

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

Studio for radio and television: A building or portion of a building used as a place for radio or television broadcasting.

Studio/Video and audio recording: A privately-owned facility where multi-media events are recorded, filmed or produced including film and recording studios and advertising agencies with on-site production facilities.

Swimming instruction as a home occupation: The teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a conditional use permit that may specify operating conditions and standards and which may limit the number of students and operating times.

Swimming pool, commercial: A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.

Swimming pool, private: A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with the City of Denison Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Tobacco bar means a bar which engages in on-site sales or rentals of tobacco products and smoking accessories, including but not limited to e-cigarettes, CBD, cigarettes, cigars, hemp and/or any form of tobacco, for consumption or use on the premises and into which entry is restricted to individuals eighteen (18) years of age and above.

Telemarketing agency or center: An establishment that solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.

Telephone and exchange, switching/relay or transmitting station: A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.

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

Temporary building: Any nonresidential prefabricated structure that is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

Temporary field office or construction yard or office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one (1) year for a specific time and location as determined may be issued by the building official and shall be subject to review and renewal for reasonable cause.

Tennis court, private: A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the conditional use permit.

Theater: A building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live performances having screens, stages, or combination thereof.

Tire dealer, no open storage: A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

Tire dealer, with open storage: A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.

Townhome: A structure containing three (3) to eight (8) dwelling units with each unit designed for occupancy by one household on a platted lot and each unit attached to another by a common wall.

Tool and machinery rental shop: A building or a portion of a building used for the display and rental of tools, machinery and instruments.

Tract: A single individual parcel or lot.

Tractor sales: See heavy machinery sales and storage.

Trade and commercial schools: See school, commercial trade.

Trade center: A site with space inside or outside a building or an open space which is rented to two (2) or more vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, artwork, small household appliances and similar merchandise, objects or equipment in small quantities.

Trailer park or court: See mobile home park.

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

Trailer home: See manufactured housing, mobile home.

Trailer or mobile home space: See mobile home space.

Trailer rental: The display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.

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

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

Travel center: A highway-oriented facility that provides services to the travelling public, primarily focused on automobiles, to include fuel pumps, food and beverage services, retail shops, restaurant(s), and other similar convenience facilities. Travel center does not include truck or automotive repair services, sleeping quarters, or vehicle or truck parking for a period greater than twelve (12) hours.

Truck: A light or heavy load vehicle (see definitions for light load vehicle and heavy load vehicle).

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

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

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

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

Truck sales (heavy trucks): The display, sale or rental of new or used heavy load vehicles in operable condition.

Two-family dwelling (duplex): Two (2) attached dwellings in one (1) structure, each designed to be occupied by one (1) family.

Usable open space: An open area or recreational facility that is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten (10) percent, shall have no dimension of less than ten (10) feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains.

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

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

Vape or vapor products are electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine or other harmful products to the individual inhaling from the device, or any substance used to fill or refill the device.

Variance: An adjustment in the application of the specific regulations of the zoning chapter to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustment of the City of Denison can grant a variance.

Veterinarian clinic: An establishment where animals and pets are admitted for examination and medical treatment (also see kennels).

Wind energy conversion system (WEC): A wind-driven energy conversion system consisting of a wind turbine/rotor (blades), a tower (freestanding, engineered, monopole structure only upon which the wind turbine/generator is mounted—no lattice-type or guyed tower structures allowed), and associated control or conversion electronics, that has a rated capacity of not more than one hundred (100) kW output at any given time, and that is intended for on-site production of electricity in order to reduce consumption of commercial utility power.

Wind energy conversion system, large (LWEC): A wind energy conversion system that has a rated capacity of more than ten (10) kW, but not more than one hundred (100) kW, output at any given time, and that is intended for on-site production of electricity for a residence, agricultural structure, or business.

Wind energy conversion system, small (SWEC): A wind energy conversion system that has a rated capacity of not more than ten (10) kW output at any given time, and that is intended for on-site production of electricity for a residence, agricultural structure, or small business.

Wind energy system tower height: The height above grade of the fixed portion of the tower (i.e., to the center of the hub), excluding the wind turbine itself.

Wind energy turbine/generator: The blades and associated mechanical and electrical conversion components mounted on top of the tower.

Wrecking yard (junkyard or auto salvage): Any lot upon which two (2) or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used (see Illustration 14).

Yard, front: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building (see Illustration 14).

Yard, rear: The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard (see Illustration 14).

Yard, side: The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building (see Illustration 14).

Zero-lot-line dwelling: See patio home.

Zoning board of adjustment: A board which is appointed by the city council, and which is authorized to make special exceptions to the zoning chapter (i.e., variances), and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning chapter. Also referred to as the "BOA."

Zoning district: A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

Zoning district map: The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning chapter (see section 28.3, "Zoning District Map" and section 28.4, "Zoning District Boundaries").

(Ord. No. 4563, § 3A, 6-7-10; Ord. No. 4740, § 2, 4-21-14; Ord. No. 4866, § 3, 5-1-17; Ord. No. 4891, § 3, 8-7-17; Ord. No. 4892, § 3(3.01), 8-7-17; Ord. No. 4893, § 3(3.03), 8-7-17; Ord. No. 4901, § 3(3.04), 9-5-17; Ord. No. 5023, § 3C, 9-16-19; Ord. No. 5040, § 3(3.02), 1-6-20; Ord. No. 5066, § 3, 6-15-20; Ord. No. 5089, § 3, 12-7-20; Ord. No. 5096, § 3C, 1-4-21; Ord. No. 5167, § 8, 10-4-21; Ord. No. 5205, § 5, 4-18-22; Ord. No. 5321, § 4, 10-16-23; Ord. No. 5369, § 3, 10-21-24)