means to cease or discontinue a use or activity without the intent to resume, but excluding temporary or short-term interruptions of a use (i.e., the change of tenancy or ownership, or activity) during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. A use is considered abandoned if the facts show the owner’s intent to discontinue the use or activity and the discontinuance of the use continues for one year or more.

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

means a use of a building or land which serves an incidental function to the principal use of a building or land. An accessory use is a subordinate use customarily incident to and located on the same lot occupied by the main use.

means written administrative directives adopted by the city manager and the standards approved by the action of the city council.

means the use of land where such land is devoted to the production of plants, animals, or horticulture products, including, but not limited to, the following:

means a minor public right-of-way not intended to provide for through traffic or as 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 a street. An alley affords only a secondary means of access to property abutting thereon.

means a covering for driveways and parking spaces that is dust-free and not adversely affected by inclement weather.

means any change or rearrangement in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, as well as any change in doors or windows, or any enlargement or diminution of a building or structure, whether horizontally or vertically, or moving a building or structure from one location to another; provided, however, that applying exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

means where a grocery store, supermarket, convenience store or similar market uses no more than two (2) percent of its gross floor area, or two hundred (200) square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of two hundred fifty (250) square feet or less, "ancillary sale" shall mean where no more than five (5) square feet are used for the display, sale, distribution, delivery, offering, and furnishing, or marketing of conventional cigars, cigarettes or tobacco.

means a room or suite of rooms intended, designed, or used as a residence by a single family.

means the regulations controlling lot area, lot width, lot depth, front yard, side yard, rear yard, lot coverage and floor area ratio.

means an establishment that does not generally accept work from the public but rather is the final location whereby a specific product is made ready for wholesale or retail sales.

means an architect, builder, developer, or other person or persons empowered to act on behalf of other persons.

means a retail or wholesale establishment selling and/or renting new and used automobiles, trucks and vans, trailers, motorcycles, and bicycles. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Automotive & Truck part sales”); recreational vehicle or watercraft sales (see “RV and Boat Sales”).

means stores that sell new or used automobile parts and accessories. Does not include establishments that provide installation services or Maintenance/Repair.

means the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use. This use includes the following categories.

means any structure constructed of nonrigid material, such as fabric or flexible plastic, that extends from the exterior wall of a building and is supported by or attached to a frame.

means a house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of said residence shall reside on the premises or an adjacent premises.

means an area enclosed by streets. The term “block,” used as a term of measurement, means the distance along a side of a street between two intersecting streets, or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead-end street.

means a land designation consisting of a lot or lots that may be surrounded by public streets, public parks, cemeteries, or other natural or man-made physical features that disrupt what would otherwise be an unbroken landscape.

means a building other than a hotel where, for compensation and by arrangement, meals or lodging are provided for three or more persons, but not exceeding 20 persons.

means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, machinery, equipment or movable property of any kind. When separated by a firewall, each portion of such structure so separated shall be deemed a separate building. The term “building” includes structures wholly or partly enclosed with an exterior wall.

means the total area enclosed by a line formed by the outside surface of all walls at the foundation line.

means those sides of a building having the least dimension as compared with the front or rear of a building. As used herein for building spacing regulations for multiple-family dwellings, a building end shall be interpreted as being the narrowest side of the building regardless of whether it fronts upon a street, faces the rear of the lot, or is adjacent to the side lot line of another building.

means the side of a building having a greater length than the end. As used herein for building spacing regulations for multiple-family dwellings, a building front shall be interpreted as being the side of greater length whether it fronts upon a street, faces the rear of the lot, or is adjacent to the side lot line of another building.

means a line parallel or approximately parallel to the street line at a specified distance therefrom, marking the minimum distance from the street line that a building may be erected. For existing buildings, the building line shall be the exterior wall or omitted wall line which is closest to the street.

means a tract of land fronting a dedicated street and which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed, or built upon as a unit under separate ownership or control.

means the opposite side from the building front.

means that area between a lot line and the respective setback line, which shall remain unobstructed by buildings or structures from the ground to the sky, except as may be specifically permitted by other provisions of this chapter.

means a line defining an area on the building lot between the street right-of-way line and/or other property lines, and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the city; also called building line or setback line.

means the tract, parcel or lot of land area being developed.

means a roof structure constructed of rigid materials, including, but not limited to, metal, wood, concrete, plastic, or glass, which is attached to and supported by a building, or which is freestanding and supported by columns, poles or braces extended to the ground. Unlike a marquee, a canopy generally has a very limited vertical surface area; unlike an awning, a canopy is generally supported by vertical elements rising from the ground at two or more corners.

means a roof-covered structure intended for the purpose of storing vehicles and remaining substantially open on at least two of its sides.

means a line designated midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the director of public works.

means any place, home or institution which cares for 13 or more children under the age of 14 years of age, apart from their parents, guardians, or custodians, for regular periods of time for compensation.

means an institution where people regularly attend or participate in or hold religious services, meetings, and other activities. The term “church” does not carry a secular connotation and does include buildings adequately capable of assembly occupancy in which religious services of any denomination are held.

means the City of El Campo, Wharton County, Texas, a home rule municipality.

means the city council of the City of El Campo, Texas.

means a building designed and used for diagnosis and treatment of human patients, which does not include overnight care facilities.

means a building designed and used for the prevention, cure, or alleviation of injury in domestic and other animals that may require overnight care.

means the following zoning districts:

means an occupation, employment, or enterprise carried on for profit by an owner, lessee, or licensee.

means the text and maps, with any amendments or supplements thereto, which have been adopted in principle by the city council to guide future development of the city and its surrounding areas.

means the adopted comprehensive plan of the city, and any related support documents and updated components that may be approved by the city council, including the El Campo 2020 Land Use Plan.

means a structure containing four or more apartments wherein the airspace within the apartment is individually owned by the occupant, together with the right of access and required automobile parking space, and where the lot upon which the building is located is under one ownership.

means any place or institution which provides 24-hour care for one or more chronic or convalescent patients, who, by reason of illness or physical infirmity, are unable to properly or adequately care for themselves.

means a public right-of-way which provides pedestrian circulation.

means the relationship of dwelling units or rooms to the area of the lot or tract upon which a residential structure is located or erected.

means that a building does not have a wall in common or in contact with another building.

means any person or persons creating a subdivision.

shall have the same meaning and effect as the term “subdivision” referred to in these definitions.

means the division of land into two or more parcels; construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance.

means the director of planning and development or his designated representative.

means an off-street area designated for the advertisement or display of customary passenger cars, motor vehicles, recreational vehicles, boats, tractors, and other motorized or nonmotorized machinery or accessory equipment.

means a geographically defined area to which a uniform set of regulations apply, or a uniform set of regulations as described by a use, neighborhood, development, or an optional special area designation.

means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during business transactions, to include the following:

means a building designed exclusively for residential occupancy, including single-family (attached or detached), two-family, and multiple-family dwellings, but not including motels or hotels, to include the following:

means an enclosure containing sleeping, kitchen, and bathroom facilities and used or held ready for use as a permanent residence by one family.

means a strip of land dedicated for the use of the public by the grantor, but not granted in fee simple, for the installation and maintenance of utilities, drainageways, or public access to open space or for bicycling or other recreational uses.

means the map portion of the comprehensive plan, which is a graphic representation of the city’s future physical development.

means any electronically powered or battery powered device designed to simulate the smoking of tobacco cigarettes, pipes, or cigars. An electronic vaping device includes personal vaporizers, electronic cigarettes (e-cigarettes), electronic pipes (e-pipes), electronic cigars (e-cigars), and any other type of electronic nicotine delivery system or any part there of[.]

means that area which is contiguous to the corporate limits to the city as stipulated in the Texas Local Government Code, as amended.

means the sum of the gross horizontal area of several floors of a building measured from the exterior face of the exterior walls, or from the centerline of walls separating two buildings. The floor area of a building shall include basement floor area, but not cellar areas, penthouses for mechanical equipment, or attic space having headroom of seven feet or less.

means that portion of a tract of land which abuts on a street to which it has direct access.

means all property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

means the length of street frontage between property lines or lease lines.

means all property on one side of a street between intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

means a building for private use of the owner or occupant of a principal building (situated on the same lot as the principal building) for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

means the city, independent school districts, state and county property, and property owned by the United States of America or other federal agencies. Examples of this would include city hall, public parks, Corps of Engineers property, state ROW, the library, fire stations, water tower sites or similar properties.

means the average elevation of the highest and lowest elevations measured at the finished surface of the ground at any of the exterior corners of the building or structure.

means the status accorded certain properties, uses and activities that are legally existing prior to the date of adoption of the ordinance or provisions from which this chapter is derived.

means a spreading plant, including sods and grasses of less than 18 inches in height, which may be used for erosion control.

No minimum size shall be required, but the planting is to be performed so as to develop full coverage within 18 months.

means the vertical distance from the average ground level abutting a building or structure to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. Height, where not regulated in feet, shall be regulated in stories, which shall equal 12 feet for purposes of measuring structures.

means a roadway designated as such and maintained by the state.

means an accessory use of a dwelling unit for employment, which is customarily carried on in the home by a member of the resident’s family, incidental to the primary occupancy of the home as a dwelling. (Refer to article 10.07 of this chapter, pertaining to home occupations, for further reference.)

means a use of property as a site of a building or group of buildings to be used primarily for lodging, and secondarily, for meeting areas, meals, entertainment, and personal services for the public. Boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house or an apartment, which are herein separately defined.

means any surface area that prevents infiltration of water into the soil. Impervious surface may include, but not be limited to, those surfaces covered by asphalt, concrete, crushed stone, clay, bedrock, limestone and compacted soil.

means the following zoning districts:

means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

means a person who operates a junkyard or salvage yard, as defined in this section, within the city.

means a yard, salvage yard, lot, or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined in this section, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such acts are to be used for charity.

means the area of a junkyard as that term is defined in this section.

means an establishment where three or more dogs over four months old, including those of the owner, are bred, raised, trained, boarded, or kept for any purpose whatsoever, on any property consisting of less than five acres.

means that portion of real property that has been altered from its natural landscape by the construction or reconstruction of any structure, parking lot, or other improvement.

means trees, shrubs, ground cover, vines or grass installed in planting areas having a minimum of ten square feet of actual plantable area and a minimum inside dimension of 18 inches on any side.

means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet.

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

means a physically undivided tract or parcel of land fronting on a street and which is, or in the future may be, offered for sale, conveyance, transfer, lease, or improvement, which is designated as a distinct and separate tract and may be identified by a lot number or tract symbol on an approved subdivision which has been properly recorded.

shall be the net area of the lot and shall not include portions of streets and alleys.

means a lot abutting upon two or more streets at their intersection.

means the percent of lot area which is covered by a roof, floor or other structure and is not open to the sky. Roof eaves to the extent of three feet and the ordinary projections from the building not exceeding 12 inches shall not be counted in computing coverage.

means the mean horizontal distance from the front lot line to the rear lot line.

See “Lot, double-frontage.”

means a lot having a frontage on two non-intersecting streets as distinguished from a corner lot.

means the line separating the lot from the street in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.

means the lot line which is opposite and most distant from the front line and in case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

means any lot line not a front lot line or a rear lot line.

means a lot which is part of a subdivision, the map of which has been recorded in the office of the county clerk; or a parcel of land, the deed of which was recorded in the office of the county clerk.

means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first interior lot to its rear.

means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

means an establishment that is generally open to the public as a repair, fabrication, or similar type of operation. Any large vehicular type of construction shall be considered as an incidental use.

means the building or buildings on a lot which are occupied by the primary use.

means a structure, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities and which complies with the requirements for the definition of the term “manufactured home” under the provisions of USCA 5402, as amended.

means an operation to which spaces are rented or offered for the parking of manufactured homes.

means a subdivision of land containing lots which meet the requirements for single-family residential use, and upon each lot not more than one manufactured home may be placed and occupied.

means an establishment that generally does not accept work from the public but rather specializes in the making of a particular product that is either a component of a larger product, that is shipped off-site, or a “turn key” product that is entirely made ready on-site.

Masonry materials include brick, stone brick veneer, custom treated tilt wall, decorative or textured concrete block, split face block, fiber cement board, and stucco. EIFS (exterior insulation and finish systems) shall not be considered as a masonry material.

See “Comprehensive plan.”

means buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose; but not primarily for profit or to render a service customarily carried on as a business.

means a transportable, factory-built home, designed for use as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

means a building or structure existing at the time the ordinance from which this chapter is derived became effective whereby any portion of which does not comply with the provisions of this chapter for the zone in which it is located.

means a use occupying a building, structure or land at the time the ordinance from which this chapter is derived became effective and which does not conform to the use regulations of the district in which it is located.

means the zoning map adopted by the city, which defines zoning districts and designations in accordance with the zoning district classifications established within this chapter.

means all required improvements beyond the property limits of subdivision.

means all required improvements within or contiguous to the subdivision.

means public and private property under public or common ownership designated for recreational use, private park, play lot area, plaza area, building setback and ornamental areas open to general view within the development, areas to be retained for views and vistas, wildlife preserves, and land set aside for drainageways. No parking shall be designated as open space.

means storage of any equipment for more than 24 hours, including but [not] limited to, motorized or nonmotorized equipment, machinery, commodities, raw or semi-finished materials, and building materials, not accessory to a residential use, which is visible from public street right-of-way.

Any primary use of a premises whereon goods, materials, or merchandise is displayed for the purpose of sale on a temporary basis for not more than twenty-four (24) hours, and [for] which the display area is greater than twenty-five percent (25%) of the gross floor area of the principal building.

Keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract on a generally permanent basis for more than twenty-four (24) hours. This includes storage within boxes, containers, portable sheds, trailers, and other structures that are not permanently affixed to a foundation, do not resemble the main on-site building in architectural style, or are not assembled on-site.

means the person in whose name the title to the lot, block, tract, or parcel of land is shown to be.

means an area that is not covered with asphalt or concrete or other impervious material.

means any natural individual, firm, trust, partnership, association, or corporation.

means water will permeate the surface.

means a map, drawing, or plan identifying the layout of a subdivision which is submitted for approval or the act of mapping or charting the subdivision. It shall include plan, plat, or replat, in both singular and plural.

means any industrial, commercial, business, multifamily or townhouse site development.

means snow fencing, chain-link fence, wire fence, orange vinyl construction fencing or other similar fencing with a four-foot approximate height.

means any land owned by any governmental entity, including street rights-of-way and yards around public buildings.

means the person in charge of operating any recreational vehicle park, either under written or verbal (oral) lease or any other arrangement whereby he or she exercises control over the premises.

means a plot of land within a recreational vehicle park designed for the accommodation of one recreational vehicle.

means a yard extending from the rear building line to the rear lot line.

means that portion of a yard, which abuts the street right-of-way along the side of the lot, extending from the front building line to the rear building line.

means the following zoning districts:

means a building where food is prepared and served in ready-to-eat form to the public for human consumption. The term “restaurant” includes, but is not limited to, cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak or seafood house.

means a facility for the transitional residency of elderly and disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility.

means an amendment of the zoning district classification applicable to one or more specific lots of [or] tracts.

refers to any parcel of land occupied, or intended to be occupied, by a public road, street or alley or some other public purpose, such as drainage. Where appropriate, right-of-way may include other facilities and utilities such as sidewalks; electrical, communication, oil and natural gas lines and facilities; and water and sanitary and storm sewer facilities. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way.

means a strip of land dedicated, designated, occupied, or intended to be occupied by a public street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other public use.

means retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers.

means an institution of learning whose primary purpose is to provide a general education. Usually these schools are operated by a church or other semipublic institution.

means an institution of learning owned and operated by a governmental agency or independent school district.

means any method of visually shielding or obscuring one land use from another, and shall meet minimum requirements that provide a year-round visual obstruction.

means the required minimum horizontal distance between the building line and the front, side, corner, or rear property line. Required setback dimensions shall be measured from the property line to the outside wall of the structure, not to include normal eave projections less than 30 inches.

means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

means a development that provides facilities for a group of business establishments, and that is managed as a unit.

means self-supporting, woody, evergreen species that normally will grow in Wharton County.

means a paved pedestrian way.

means any card, paper, cloth, metal, glass, wooden or other display of any kind or character whatsoever, placed for the purpose of advertising or attracting attention to a building, business, product, activity, or service.

means any letters, figures, trademarks, or devices designed to inform people of the identity of an individual, firm, profession, business, product, goods, or service, and which is recognizable from any public right-of-way. Some, but not all, kinds of signs are defined in this section.

See “Unattached” [“Sign, unattached/portable”].

means the square foot area enclosed by the perimeter of the sign face with each face contributing the aggregate area. The sign face shall exclude decorative wood, metal devices, frames, or sign supports to include sign supports which are defined as a monolith. However, double-faced sign faces shall be counted only as the area of one face. In cases where the sign, or portion thereof, is composed only of letters, figures, or other characters, standing against no sign face background or secured to a monolith, then the sign face area shall be the sum of the area of an imaginary figure (circle, triangle, rectangle, or other) which fully contains all words, figures, devices, designs or trademarks which constitute the sign.

means any sign attached to the building or canopy indicating general information, such as pricing, trading stamps, credit cards, official notices or services required by law, or trade associations, or giving directions to offices, restrooms, exits, and like facilities.

See “Off-premises” [“Sign, off-premises”].

means a sign attached to a canopy or awning which:

means a sign that is designed so that letters, numbers, or illustrations can be changed or rearranged without changing the face or surface of the sign. This does not include billboards.

means a sign which permits light to be turned on and off intermittently, including any illuminated sign on which illumination is not kept stationary or constant in intensity at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity and/or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administration as the national standard.

means any sign which solicits support for or advertises a nonprofit community event or organization. The term “community service sign” includes, but shall not be limited to, seasonal holidays, school activities, charitable programs, religious activities, events of community interest, or Chamber of Commerce events or projects.

means any sign temporarily placed on a construction site identifying the project and/or owner, developer, contractor, architect, and other information regarding the project, such as opening dates.

means any sign which is unsafe, insecure, disfigured or broken.

means any sign which is freestanding and which does not exceed six square feet in sign space area and whose primary purpose is to give directions to parking lots, exits, entrances, or drive-through windows, or similar directions.

means one structure containing either one sign with two faces back-to-back oriented in opposite directions, or two signs back-to-back with faces oriented in opposite directions with a distance of not more than three feet between the two signs.

means any sign that is illuminated in any manner by an artificial light source which is detached from the sign.

means a rectangular piece of fabric of distinctive design bearing the official symbol of a nation, state or other government or business, and which is not permanently affixed to a sign support.

means any sign which is secured to the ground, and which is not affixed to a building. The term “secured” is defined in the term “unattached” [“Sign, unattached/portable”].

means any sign indicating public works projects or other programs or activities conducted or required by any government subdivision. This is also considered a community service sign.

means the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign, unless the curb elevation is higher than the ground level, in which case the height shall be measured from the curb level.

means any memorial sign or tablet, name of building, and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible material mounted on the face of a building.

means any sign that is illuminated in any manner by an artificial light source as an integral part of the sign.

means a sign hung from or affixed to a marquee. The term “marquee” is synonymous with a canopy sign.

means any sign which does not conform to the regulations of this article [article 10.14] or existing city ordinances, but was placed or constructed in accordance with existing city ordinances at the time of its placement or construction.

means any sign, commonly known as a billboard, that advertises the business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed or maintained.

means any sign identifying or advertising the business, person, activity, goods, products or services sold or offered for sale on the premises where the sign is installed or maintained when such premises are used for business purposes.

means a piece of fabric of any kind, tapering to a point or swallowtail, which may possess colors, characters, letters, illustrations, or ornamentations, and which is not permanently affixed to a sign support.

See “Unattached” [“Sign, unattached/portable”].

means any sign, other than a wall sign, which is affixed to any building or wall, whose leading edge extends more than two feet beyond such building or wall. A canopy or marquee sign is not defined as a projecting sign. A projecting sign attached to a building wall located on the property shall not extend more then five feet across a public right-of-way and shall maintain a clearance of nine feet. The maximum sign area for a projecting sign attached to a wall located on the property line is 40 square feet.

means any sign which is used to offer for sale, lease, or rent the property upon which the sign is located.

means any sign that is mounted on, and is wholly supported by, the roof of a building and does not extend beyond the wall line.

See “Unattached” [“Sign, unattached/portable”].

means a sign which utilizes lights to form letters, words, figures, symbols, etc., and which letters, words, figures, symbols, etc., travel across the sign face to complete the word or message. The lights do not change color or intensity.

means the distance measured from the nearest part of any sign or sign support to the property line, or if specifically stated, measured to another point such as the street curbline.

means a building consisting of individual, self-contained and fully enclosed units, which the contents contains [contained] therein are not viewable from outside the unit, and are leased or owned for the storage of business and household goods or contractors’ supplies.

means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

means any public or city-approved private roadway or space more than 20 feet in width, which has been dedicated or otherwise established for vehicular circulation and access to adjacent property.

means any thoroughfare other than a street or alley and not less than 30 feet in width, which has not been dedicated for public use and which affords interior circulation and/or access to abutting property.

means any thoroughfare other than a street or alley and not less than 30 feet in width, which has been dedicated to the public for public use and which affords primary access to abutting property.

means anything constructed or erected below, at, or above grade, which requires location on the ground or is attached to something having a permanent location on the ground, and which, out of necessity or precaution, includes support, bracing, tying, anchoring, or other protection against the pressure of the elements. The term “structure” includes buildings, towers, sheds, permanent signs, billboards, advertising signs, pergolas, manufactured homes, carports, awnings, and canopies.

means the division of a tract or parcel of land into two or more parts, any part being less than five acres, for laying out urban, suburban, building, or other lots and to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers, owners, renters, or other users of such partitions of the tract or lots fronting thereon or adjacent thereto for the purpose, whether immediate or future, of sale, lease, or building development. A subdivision of land includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for deed, by using a contract of sale or other executory contract to convey, or by using any other method. This definition is subject to the preemptive provisions of the Texas Local Government Code, as the same may be amended from time to time.

means a prospective use, intended for limited duration, which does not create or continue a nonconforming use or building.

means the master plan of major and secondary streets and highways and which is a component part of the city’s comprehensive or master plan with any amendments as adopted by the city council.

means any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, sorting, sniffing, or ingesting by any other means into the body.

means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in Texas Health and Safety Code. Items or devices classified as tobacco paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes. E-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

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

means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.

means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities.

means the distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances.

means a structure on an individual lot, which is one of a series of dwelling units designated for single-family occupancy, which dwelling units are structurally connected or immediately adjacent to and abutting each other, without side yards, between individual dwelling units.

means a dwelling unit designed to be moved by personal auto or light truck primarily equipped for short-term occupation related to recreational uses. Such unit will normally be self-contained but may provide for approved water and sewer connections.

means any self-supporting wood plant of a species that normally grows to an overall height of a minimum of 15 feet in Wharton County.

means parts of the tree above the trunk including leaves, branches, limbs and scaffold; the uppermost part of the tree.

means tree trunk diameter measured in inches at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the tree shall be measured in two places, the narrowest point beneath the split and one-half the sum of the calipers of the trunks immediately above the split. Whichever is the greater measurement is to be the measurement applied. If there is no single trunk above ground level to measure, the measurement shall be the sum of the main trunk, plus one-half of all other branches of the calipers of the various trunks at breast height.

means the measurement of a tree at 4.5 feet above ground level. Trees under four-inch trunk diameter are measured at six inches above ground level.

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

means a tree with more than one trunk arising at or near the ground.

means a living and healthy tree with a trunk size of at least 12 inches DBH.

means the area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. As a practical matter, this is the acute portion of the tree’s root system. Approximately 90 percent of the tree’s root mass occurs within the top three feet of the soil and most of the fine feeder roots which collect moisture and nutrients are located in the top six inches of the soil. Typically, a tree’s root system extends as much as two to three times the distance from the trunk to the drip line.

Tree trunks shall be measured in accordance with the following criteria:

means the purpose or activity for which the land or building is designed, arranged or intended, or for which it is occupied or maintained.

means any place where used or secondhand used automobiles, trucks and vans, trailers, and motorcycles are displayed and offered for purchase, sale, lease, or exchange with a maximum lot size of one third (1/3) of an acre. Does not include: the sale of auto parts/accessories. Does not include repair service.

means a departure from any provision of the zoning regulations for a specific parcel of property, except use, without changing the zoning ordinance or the underlying zoning of the parcel of property and where the action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

means an instrument of conveyance, such as an automobile, bus, truck, or motor-driven cycle, for carrying or transporting persons or goods on land. The term “vehicle” also includes, for the purposes of regulating parking herein provided, camper trailers, travel trailers, truck campers, watercraft, and utility trailers.

means the triangular area adjacent to the intersection of any public street or public alley within which no obstruction may be placed that would block the sight lines for vehicular traffic. The triangle is established by measuring a distance of 45 feet from the intersection of the extended curb or edge of the pavement of major thoroughfares, and 25 feet from the extended edge of the curb or pavement of local streets. A straight line connecting the ends of each measured distance, which forms the hypotenuse, shall establish the visibility triangle. The visibility triangle shall not contain any visual or physical impediments or obstructions to the vertical view between 24 inches and seven feet in height.

means an establishment that is generally open to the public as a repair, fabrication or similar type of operation. Any large vehicular type of construction shall be considered as an incidental use. (The same definition only in reverse order.)

means a device mounted on a tower or other structure used for converting wind energy to electricity, typically having one or more blades.

means an open space at grade between a building and adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard or depth of a front or rear yard, the least horizontal distance between a lot line and the building shall be used.

means an open space on the same building lot with the building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided.

means a classification within which the regulations specified herein are uniform and which is assigned to a particular area of the city upon the zoning map which is a part of this chapter.

means the official of the city appointed by the city manager as such, and whose duties include administration and enforcement of this chapter.