(a)

Process requirements.

(1)

The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established as provided by the state statutes.

(2)

Before taking action on any proposed amendments, supplement, or change, the city council shall submit the same to the planning and zoning commission for its recommendation and report. If the commission recommends that an amendment be denied, city council will not hear the request unless the applicant requests council consideration in writing within ten days of the recommendation.

(3)

Any person or corporation having a proprietary interest in any property may initiate proceedings to consider a change in zoning on such property, or the planning and zoning commission or city council may, on its own motion, initiate proceedings to consider a change in zoning on any property. Any person or corporation may petition the city council for a change or amendment to the provisions of this chapter, or the planning and zoning commission may, on its own motion or on request from the city council, institute a study and propose changes and amendments in the public interest.

(b)

Two types of zoning amendments.

(1)

Zoning map amendment (rezoning). A zoning map amendment (rezoning) is a change or modification to the boundaries of any zoning district.

(2)

Zoning text amendment. A zoning text amendment is a change to the text of this chapter and does not include change or modification to the boundaries of any zoning districts.

(c)

Planning and zoning commission recommendation requires public hearing.

(1)

The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and report to the city council. Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be mailed to all owners of real property as the ownership appears on the last approved city tax roll, lying within 200 feet of the property on which the change is requested. Such notice shall be given no less than ten days before the date set for hearing. Notice of such hearing shall also be given by publication in a newspaper of general circulation, stating the time and place of such hearing, which time shall not be earlier than ten days from the date of publication.

(2)

Following the public hearing, the planning and zoning commission may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the petition. If the petitioner accepts the recommendation of the planning and zoning commission, subsequent public notice shall be written as approved. If the petitioner does not accept the recommendation of the planning and zoning commission, the petitioner may continue his original request, and subsequent public notice shall be written as originally submitted; however, any part of the request not conforming to the planning and zoning commission's recommendations shall be presumed to have been denied by the planning and zoning commission. The planning and zoning commission may table for study any zoning case for up to 90 days.

(3)

When a petition is denied by the planning and zoning commission, the planning and zoning commission should offer reasons to the petitioner for such denial.

(d)

City council decision and public hearing required.

(1)

If the zoning petition is approved, including denials in part, by the planning and zoning commission, the city secretary shall automatically schedule a public hearing regarding the petition to be held before the city council, giving notice as required by the general laws of the state. However, if the petition is denied by the planning and zoning commission, the petitioner may, within 30 days from the date of the commission's action, file a written appeal for a public hearing be scheduled and held before the city council regarding the petition. Upon the planning department's receipt of the written appeal, a public hearing on the petition shall be scheduled before the city council, with notice provided as required by the general laws of the state.

(2)

A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication in a newspaper of general circulation stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication. The city council's hearing must be within 60 days of the planning and zoning commission's recommendation.

(3)

Prior to the opening of the public hearing, the petitioner may request withdrawal of the petition or tabling of the request to a specified future city council meeting. City council may approve the request for withdrawal or tabling, or open the public hearing and take appropriate action on the petition within the context of the public notice provided.

(4)

After a public hearing is held before the city council regarding the zoning petition, the city council may approve a change in zoning as appropriate within the context of the public notice provided. City council may deny in whole or in part, table the petition, or refer it back to the planning and zoning commission for further study. In the event the petition has been denied by the planning and zoning commission or in the event a protest against the petition has been filed as more fully described in subsection (e), then the petition shall not be approved except by three-fourths vote of the city council.

(e)

Three-fourths city council vote requirements.

(1)

If the planning and zoning commission has wholly or partially denied a proposed amendment, supplement, or change, or if sufficient protest as defined below is submitted against such change, the proposed change must receive the affirmative vote of at least three-fourths of all members of the city council.

(2)

If a protest against such proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots or land included in such a proposed change, or those immediately adjoining the area and extending 200 feet therefrom or of those directly opposite thereto extending 200 feet from the area, such amendment shall not become effective except by a three-quarters vote of all the members of the city council.

(3)

Written protests.

a.

A protest of a proposed zoning change must be in writing and must be signed by the owner of the property in question or by a person authorized by power of attorney to act on behalf of the owner. For specific ownership types, the following shall apply:

1.

Corporations. The protest must be signed by the president, vice president, or by an attorney in-fact authorized to sign on behalf of the corporation.

2.

General or limited partnerships. The protest must be signed by a general partner or by an attorney-in-fact authorized to sign on behalf of the general or limited partnership.

3.

Community property. The city shall presume the written protest of one spouse to be the protest of both.

4.

Condominiums. Lots or land subject to a condominium declaration are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a written protest in accordance with its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium.

b.

In all cases where a protest has been properly signed pursuant to this section, the city shall presume that the persons whose signatures appear on the protest are valid.

c.

A withdrawal of a protest must be in writing. If multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.

(f)

Joint public hearing and notice.

(1)

At its discretion, the city council may conduct the public hearing on an amendment to the zoning ordinance jointly with a public hearing required to be held by the planning and zoning commission. The city council may not take action in the matter until it receives the final report of the commission.

(2)

Notice of the planning and zoning commission public hearing may be combined with the notice of the city council's public hearing, if time permits.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

The zoning petition shall contain sufficient information relative to the amendment requested including, but not limited to, the following:

(1)

A key map showing all existing zoning within 200 feet of the subject property.

(2)

A location map showing existing and proposed thoroughfares, collector streets, and local streets on the subject property and within 200 feet of the subject property.

(3)

A statement reading as follows:

"Approval of the zoning case associated with this exhibit shall not imply approval of any associated study, plat, or plan, approval of development standards shown hereon, or the initiation of the development process. Planning and Zoning Commission and/or City Council action on studies, plats, or plans relating to development of this property shall be considered as an action separate from action taken on this zoning case."

(b)

To ensure the submission of adequate information, the city manager is hereby empowered to maintain and distribute a list of specific requirements for zoning petitions. Upon periodic review, the city manager shall have the authority to update such requirements for zoning petition details.

(c)

The zoning petition shall be accompanied by the appropriate fee in accordance with the fee schedule established by city council per each type of zoning requested on a tract of land, plus all publication and notification costs for new subdivisions and multiple lot annexations. Individuals who wish to annex individual lots into the city limits shall have the zoning fees waived and shall be zoned concurrently with annexation, provided that the requested zoning district is approved by the planning and zoning commission and city council.

(d)

Fees for rezoning and zone change applications, specific use permits, and appeals to the board of adjustments shall be charged in accordance with the fee schedule established by city council per each type of zoning requested on a tract of land, plus all publication and notification costs.

(e)

The applicant requesting a proposed amendment must submit a legal description of the property on which change is requested.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

If, after holding a public hearing, a zoning change, amendment, or supplement is approved by the city council, no further petition may be considered for all or a part of the subject tract of land for a period of two years from the date of the city council's action, unless it is determined that there are substantive reasons to permit the waiving of the two-year waiting period and the granting of a new hearing. The determination shall be made by the planning and zoning commission, or on appeal, the city council. The provisions of this subsection shall not apply to general text changes in the zoning ordinance.

(b)

Substantive reasons for waiving the two-year period include, but are not limited to:

(1)

Correction of an error.

(2)

A change of conditions affecting the property and which were not known at the time of zoning.

(3)

A change in public plans or policies as it affects the property.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

Any pending zoning petition shall automatically expire if no action of any kind has been taken on it by either the planning and zoning commission or the city council for a period of one year. If no ordinance granting zoning has been adopted within six months of the date on which the city council voted approval of a zoning change, such zoning change shall be automatically placed on the city council agenda for further consideration.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Organization. As the city is a type A general law municipality of the state, the city councilmembers are hereby granted the authority to act as a board of adjustment under V.T.C.A., Local Government Code Ch. 211.

(b)

Procedure. The board shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this article or state statutes. Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be public record.

(c)

Appeals.

(1)

Appeals to the board of adjustment can be taken by any person aggrieved, or by an officer, department, or board of the municipality affected, by a decision of the city manager under this chapter. Such appeal shall be taken within 15 days after the decision has been rendered by the city manager, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(2)

An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of real property located within 200 feet of the property to which the appeal applies and by publishing notice of such hearing in a newspaper of general circulation in the city. Both the posted and published notice shall be given at least ten days prior to the date set for the hearing. At the hearing, any party may appear in person or by attorney or by agent.

(d)

Jurisdiction. When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exception to the regulations herein established.

(1)

Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use of the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use.

(2)

Permit such modifications of the height, yard, area, coverage, and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification.

(3)

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this article. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

(4)

To bring about the discontinuance of a nonconforming use under a plan whereby the owner's actual investment in the structures on the property prior to the time that the use became nonconforming can be amortized within a definite time period.

(e)

Action of the board of adjustment.

(1)

In exercising its powers the board may, in conformity with the provisions of V.T.C.A., Local Government Code Ch. 211, as amended, revise or reform, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decisions, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

(2)

The concurring vote of four members of the board shall be necessary to revise any order, requirements, decision or determination of the city manager, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance from which this section is derived or to affect any variance in such ordinance.

(3)

Any persons, jointly or severally, aggrieved by any decision of the board of adjustment or any tax payer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Vested rights petition.

(1)

Purpose. The purpose of a vested rights petition is to determine whether one or more standards of this zoning chapter should not be applied to a zoning permit application by operation of state law, or whether certain permits are subject to expiration.

(2)

Applicability. A vested rights petition may be filed with an application for a zoning permit. A vested rights petition may not be filed with a request to amend the text of the zoning regulations or the zoning map, or with a request for approval of a special use permit. A vested rights petition also may be filed to prevent expiration of certain zoning permits pursuant to section 77-27.

(3)

Effect. Upon granting of a vested rights petition in whole or in part, the zoning permit application shall be decided in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards, or the permit otherwise subject to expiration pursuant to section 77-27 shall be extended.

(b)

Petition requirements.

(1)

Who may petition. A vested rights petition may be filed by a property owner or the owner's authorized agents, including the applicant, with any zoning permit application, or by the holder of a permit subject to expiration pursuant to section 77-27.

(2)

Form of petition. The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the zoning permit application under V.T.C.A., Local Government Code Ch. 245 or successor statute, or pursuant to V.T.C.A., Local Government Code § 43.002 or successor statute, that requires the city to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

a.

A narrative description of the grounds for the petition;

b.

A copy of each approved or pending zoning permit or other development application which is the basis for the contention that the city may not apply current standards to the zoning permit application which is the subject of the petition;

c.

The date of submittal of the application for the permit, or of a development plan pursuant to which the permit was subsequently filed, if different from the official filing date;

d.

The date the project for which the application for the zoning permit was submitted was commenced;

e.

Identification of all standards otherwise applicable to the zoning permit application from which relief is sought;

f.

Identification of the standards which the petitioner contends apply to the zoning permit application;

g.

Identification of any current standards which petitioner agrees can be applied to the zoning permit application at issue;

h.

A narrative description of how the application of current standards affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size shown on the development application for which the petition is filed;

i.

A copy of any prior vested rights determination involving the same land; and

j.

Where the petitioner alleges that a zoning permit subject to expiration under section 77-27 should not be terminated, a description of the events, including any zoning permit or other development applications on file that should prevent such termination.

(3)

Time for filing petition. A vested rights petition shall be filed with a zoning permit application for which a vested right is claimed, except that the petition may be filed before the date of expiration of any permit subject to expiration under section 77-27. Where more than one zoning permit application is authorized to be filed by this zoning chapter, the petition may be filed simultaneously for each application.

(c)

Processing of petition and decision.

(1)

Responsible official. The official responsible for processing the zoning permit application shall process the vested rights petition. A copy of the petition shall be forwarded to the city attorney following acceptance.

(2)

Official's decision. If the responsible official is the decision maker on the zoning permit application, the official shall determine whether the relief requested in the vested rights petition should be granted in whole or in part, and shall formulate a written report summarizing the official's reasoning and setting forth the decision on the petition, which shall be delivered to the applicant within ten days of the date the vested rights petition is accepted for filing.

(3)

Decision by commission on petition. If the zoning permit application is to be decided by the planning and zoning commission, the planning and zoning administrator shall submit a report in the form of a recommendation to the decision maker. The commission shall render a decision on the vested rights petition in conjunction with its decision on the zoning permit application.

(4)

Appeal of decision on petition. The petitioner or any interested person may appeal the responsible official's or the commission's decision on the vested rights petition within ten working days of the date of such decision to the city council. An appeal under this subsection stays acceptance of filing of any related development applications.

(5)

Decision by city council. Where the city council is the final decision maker on the zoning permit application, for any petition submitted pursuant to section 77-27, or upon appeal, the city council shall decide the vested rights petition. The request must be accompanied by a waiver of the time for decision on the application imposed under this zoning chapter pending decision by the council, which shall stay further proceedings on the application. The council shall decide the petition, after considering the responsible official's report and any decision by the planning and zoning commission with its decision on the zoning permit application or within 30 calendar days of receipt of the responsible official's report, or the notice of appeal, whichever is later.

(d)

Action on petition and order.

(1)

Action on the petition. The decision-maker on the vested rights petition may take any of the following actions:

a.

Deny the relief requested in the petition, and direct that the zoning permit application shall be reviewed and decided under currently applicable standards;

b.

Grant the relief requested in the petition, and direct that the zoning permit application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or

c.

Grant the relief requested in part, and direct that certain identified current standards shall be applied to the zoning permit application, while standards contained in identified prior regulations also shall be applied; or

d.

For petitions filed pursuant to section 77-27, determine whether the zoning permit(s) should be terminated, or specify the expiration date or the conditions of expiration for such permit(s).

(2)

Order on petition. The responsible official's report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

a.

The nature of the relief granted, if any;

b.

The approved or filed zoning permit or other development application(s) upon which relief is premised under the petition;

c.

Current standards which shall apply to the zoning permit application for which relief is sought;

d.

Prior standards which shall apply to the zoning permit application for which relief is sought, including any procedural standards;

e.

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition;

(3)

For petitions filed pursuant to section 77-27, determine whether the zoning permit(s) should be terminated, and specify the expiration date or the conditions of expiration for the permit(s).

(e)

Criteria for approval.

(1)

Factors. The decision maker shall decide the vested rights petition based upon the following factors:

a.

The nature and extent of prior zoning permit or other development applications filed or approved for the land subject to the petition;

b.

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

c.

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

d.

Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed development application;

e.

Whether any statutory exception applies to the standards in the current zoning regulations from which the applicant seeks relief;

f.

Whether any prior approved zoning permit or other development applications relied upon by the petitioner have expired;

g.

For petitions filed pursuant to section 77-27, whether any of the events in subsection (b) have occurred.

(2)

Conditions. If the claim of vested rights under a petition is based upon a pending zoning or other development application subject to standards that have been superseded by current standards under this zoning chapter, the decision maker may condition any relief granted on the petition on the approval of the application under such prior standards.

(f)

Application following relief order. Following the city's final decision on the vested rights petition, the property owner shall conform the zoning permit application for which relief is sought to such decision. If the zoning permit application on file is consistent with the relief granted on the vested rights petition, no revisions are necessary. Where proceedings have been stayed on the zoning permit application pending referral of the vested rights petition to the city council, proceedings on the application shall resume after the council's decision on the vested rights petition.

(g)

Expiration. Relief granted on a vested rights petition shall expire on occurrence of one of the following events:

(1)

The petitioner or property owner fails to submit a required revised zoning permit application consistent with the relief granted within 30 days of the final decision on the petition;

(2)

The zoning permit application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or

(3)

The zoning permit application for which relief was granted on the vested rights petition expires.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Termination of zoning permits. Any application for a zoning permit that has been approved by the city but which is not subject to an expiration date shall expire 90 days from the effective date of this section, unless one of the following events has occurred by such date:

(1)

A subsequent application has been approved and remains in effect; provided, however, that if the subsequent application is for a zoning permit, such subsequent application also is subject to expiration under this subsection (b); or

(2)

A subsequent application has been filed and is pending for decision; or

(3)

Substantial construction on the development has occurred as authorized by and consistent with the zoning permit.

(b)

Expiration dates. Notwithstanding any other provision of the zoning ordinance, for any application for a zoning permit to which no expiration date applies and which has been filed and is pending for decision on, or which is filed on or after the effective date of this chapter, approval of such application shall expire six months from the date of approval, unless a subsequent application is filed and approved, or construction is commenced consistent with and pursuant to the zoning permit, within such period. This subsection does not apply to a zoning permit application within a planned development district or subject to a special use permit.

(c)

Vested rights petition. The owner of the land subject to a zoning permit that expires under subsection (b) may petition the city council to reinstate such zoning permit by filing a vested rights petition pursuant to section 77-26, as hereinafter established, prior to the expiration date.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

(a)

Restrictiveness. Where the regulations imposed herein are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards are the requirements that shall govern.

(b)

Abrogation. The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

(c)

Cumulative effect. The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.

(d)

Error correction. In the event that any property or zoning district set forth on the zoning district map as provided in section 77-42, zoning district map is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the zoning district map may be amended and/or supplemented according to the following.

(1)

Applicants. The property owner of said tract, the city council, or the planning and zoning commission may submit an application to the city manager to initiate the error correction process.

(2)

Process. The error correction shall be processed as a zoning map or text amendment according to section 77-21, procedural steps of zoning petitions and amendments.

(e)

City manager authority to interpret this chapter. Questions of interpretation of this chapter shall be referred to the city manager, who shall have the authority to determine the meaning and interpretation of any provision of this chapter. Any person aggrieved, or any officer, department or board of the city affected by an interpretation made by the city manager, may appeal said interpretation to the planning and zoning commission, whose decision in the matter shall be final.

(Ord. No. 2018-0508-001, § 3, 5-8-2018)

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

Accessory building means a building, either attached or detached from the main structure, for a subordinate use incidental to the principal building and use located on the same lot. Accessory buildings shall include, but not be limited to, parking garages, farm structures, garages for automobile storage, carports, tool houses, greenhouses, home workshops, children's playhouses, storage houses or garden shelters.

Accessory use means a use that is subordinate to, serves, and is customarily incidental to the primary use of the main building or to the primary use of the premises; is located on the same lot or tract of land; and, which otherwise meets all requirements of this chapter and all applicable building and fire codes, as each of the foregoing may be amended.

Adult day care center means a facility that provides services under an adult day care program on a daily or regular basis, but not overnight, to four or more elderly or persons with disabilities who are not related by blood, marriage, or adoption to the owner of the facility. Adult day care centers must be licensed by the state department of human services.

Airport landing field means a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

(1)

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.

(2)

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

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon, which has been deeded or dedicated to the public for public use.

Alternative financial institution means a payday advance/loan business or a motor vehicle title loan business. An alternative financial institution does not include state or federally chartered banks, community development financial institutions, savings and loans, credit unions, or regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code.

Amenity center (private) means a facility or area that is an integral part of a residential project or planned development and that is used by the residents of the project or development for a place of meeting, recreation, or social activity, but not primarily to render a service that is customarily carried on as a business. Such facilities include but are not limited to swimming pools, saunas, hot tubs, game courts, playgrounds, community clubhouse, cabana, pavilion or roofed areas, leasing office, laundry facilities, and other similar uses. This use need not be located on the same lot as the property it serves.

Amusement, commercial (indoors) means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to a bowling alley, billiard parlor, or skating rink.

Amusement, commercial (outdoors) means an outdoor area or structure, open to the public, which provides entertainment or amusement primarily by and for participants for a fee or admission charge. Typical uses include batting cages, miniature golf, go-kart tracks, and carnivals.

Antenna means an instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum.

Antenna, stealth means a commercial antenna that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth antennas include, but are not limited to:

(1)

Antennas within a building's attic space,

(2)

Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located,

(3)

Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted to match the structure,

(4)

Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and antennas located on an athletic field light pole

Antenna and/or antenna support structure, commercial means an antenna and its support structure used for commercial broadcasting or telecommunication purposes. This definition shall also include a satellite dish exceeding 12 feet in diameter and a microwave-transmitting tower. All radiating equipment must comply with Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety, as they exist or may be amended. Definition includes ancillary ground equipment.

Antenna and/or antenna support structure, non-commercial means an instrument or device consisting of wires, poles, rods, or reflecting discs and its support structure not exceeding 40 feet in height above the ground elevation at the base of the support structure, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. This definition shall also include a satellite dish antenna not to exceed 12 feet in diameter.

Antenna support structure means any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals.

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

Apartment house means any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent dwelling units.

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

Art gallery or museum means a building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.

Artisan's workshop means an establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, textile articles, and related items that are often one-of-a-kind items. A portion of the sale of such products may occur off the premises. The use may also include the production, incidental storage, display, and sale of such goods or may be a place where a small number of persons are engaged in arts and crafts activities in a class or studio.

Examples include but are not limited to artwork, jewelry, sculpture, or pottery, provided that such uses are equipped with specialized equipment to eliminate dust, odor and noise pollution within the premises and prevent any infiltration thereof into adjacent properties or beyond the exterior walls of the property. This category does not include the fabrication, assembly, or manufacture of mass-produced products or materials that do not constitute finished goods.

Auto parts and accessory sales (indoor) means the use of any building or other premise for the display and sale of new or used parts for automobiles, motorcycles, panel trucks or vans, trailers, or recreation vehicles.

Auto parts and accessory sales (outdoor) means the use of any land area for the display and sale of new or used parts for automobiles, panel trucks, or vans, trailers, or recreation vehicles.

Automobile repair, major means general repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles, collision services including body, frame or fender straightening or repair, customizing, painting, vehicle steam cleaning, undercoating and rustproofing, those uses listed under "automobile repair, minor," and other similar uses.

Automobile/motorcycle repair, minor means an establishment used for the dispensing or sales of automobile or motorcycle fuels, lubricants, tires, and automobile or motorcycle accessories; the minor repair or replacement of parts, tires, paintless dent repair, and performing state inspections and making minor repairs necessary to pass said inspection; automobile/motorcycle detailing; window tinting, and the sales and installation of automobile or motorcycle radios. Uses listed under "automobile repair, major" or any other similar uses are not included. Vehicles, which are inoperative or are being repaired, may not remain parked outside for a period greater than seven calendar days.

Automobile sales/leasing, new means sales, rental, and/or leasing of new automobiles or light load vehicles, and may include, as accessory uses: automobile sales, used; automobile repair, major; and automobile storage.

Automobile sales, used means sales of used automobiles or light load vehicles.

Bakery and confectioners works (retail) means a place for preparing, cooking, baking, and selling of products on the premises.

Bakery and confectioners works (wholesale) means a place for preparing, cooking, baking, and selling of products intended for off-premises distribution.

Banks, savings and loan, or credit union means an establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Banquet/meeting hall means an establishment that is leased on a temporary basis before the day of the event by individuals or groups who reserve the facility to accommodate functions, including, but not limited to, banquets, weddings, anniversaries, receptions, business and organizational meetings, and other similar functions, to which the general public is not admitted. Such establishments may include kitchen facilities for the preparation of food or catering of food and areas for dancing, dining, and other entertainment activities that customarily occur in association with banquets, weddings, or receptions.

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

Barber shop/beauty salon and personal service shops means establishments primarily engaged in providing services generally involved in the care of the person or his apparel including, but not limited to, barber and beauty shops, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.

Bed and breakfast inn means an owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to 14 consecutive days, however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities, or similar services.

Big box retail development means any retail building for a single, primary tenant that exceeds 70,000 square feet in size. A big box retail development may contain multiple secondary tenants with interior access to the primary tenant space. A big box retail development may be freestanding or may be an in-line tenant in a larger center. The square footage of a big box retail development shall include all primary and ancillary uses with interior access to the primary tenant space including inventory storage, automotive repair, and open storage areas.

Block means an area enclosed by streets and occupied by or intended for buildings and is used as a term of measurement. The term "block" also means the distance along a side of a street between the nearest two streets which intersect the street on the side.

Board means the zoning board of adjustment as provided for in section 77-25.

Boarding house or rooming house means a residence structure other than a hotel where lodging and/or meals for four or more persons are provided for compensation.

Body art studio means an establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body to insert jewelry or another decoration.

Bottling works means a manufacturing facility designed to place a product into a bottle for distribution.

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

Building ends means those sides of a building having the least dimensions as compared to the front or rear of a building. As used in this chapter, a building end shall be interpreted as being the most narrow side of a building regardless of whether its front is upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.

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

Building maintenance service and sales means a facility or area for contracting services such as building repair and maintenance, the installation of plumbing, electrical, air conditioning and heating equipment, janitorial services, and exterminating services. The retail sale of supplies is permitted as an accessory use.

Building materials and hardware sales, inside storage means an establishment for the sale of materials and hardware customarily used in the construction of buildings and other structures, without any outside storage or display of materials or merchandise.

Building materials and hardware sales, outside storage means an establishment for the sale of materials and hardware customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise.

Car wash, full service means a facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration.

Car wash, self-service means a facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

Carport means a structure open on a minimum of three sides, designed or used to shelter vehicles.

Cemetery or mausoleum means property used for the interment of the dead.

Certificate of occupancy and compliance means an official certificate issued by the city through the enforcing official as specified in [this chapter], which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

Church, rectory, or other place of worship means a building for regular assembly religious worship which is used primarily 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. This use does not include home meetings or other religious activities conducted in a privately occupied residence.

City manager means the city's chief administrative officer.

Cleaning and laundry, self-service means a facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron.

Clinic, medical or dental means an establishment for one or more physicians, surgeons, or dentists to treat sick or injured outpatients who do not remain overnight.

College, university or private school means an institution established for educational purposes offering courses for study beyond the secondary education level, but excluding trade schools and commercial schools.

Community center (public) means a building or complex of buildings that house cultural, recreational, athletic, library or entertainment facilities owned and/or operated by a governmental agency or private non-profit agency.

Concrete/asphalt batching plant means a facility or area, which is not temporary in nature, for mixing concrete or asphalt.

Concrete/asphalt batching plant, temporary means a temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Construction yard (temporary) means a storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction.

Contractor's shop and storage yard means a building, part of a building, or land area for the storage of construction materials, tools, products, and vehicles.

Convenience store with gas pumps means a retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile repair or the sale of replacement parts.

Convenience store without gas pumps means a retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption.

Court means an open, unoccupied space, bounded on more than two 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 side open to a street, alley, yard or other permanent open space.

Coverage means the percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of two feet from the walls of a building shall be excluded from coverage computations.

Custom handcrafting means a business primarily involved in crafting, fabricating, or assembling finished goods where the crafting, fabrication, or assembly, requires the application of an individual's craft or skill, or specialized materials. A portion of the sale of such products may occur off the premises. The use may also include the production, incidental storage, display, and sale of such goods or may be a place where a small number of persons are engaged in arts and crafts activities in a class or studio.

Examples include but are not limited to jewelry, furniture, woodwork, leathercraft, or hand-woven articles, provided that such uses are equipped with specialized equipment to eliminate dust, odor and noise pollution within the premises and prevent any infiltration thereof into adjacent properties or beyond the exterior walls of the property. This category does not include the fabrication, assembly, or manufacture of mass-produced products or materials that do not constitute finished goods.

Dancehall or nightclub means an establishment offering to the general public facilities for dancing and entertainment for a fee, and subject to licensing and regulation by the city.

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

Day care center means a facility or area providing care, training, education, custody, treatment or supervision for seven or more children for less than 24 hours per day. The term "day care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to kindergartens, prekindergartens, and schools listed elsewhere in this chapter.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

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

Drive-in or drive-through service means and refers to a retail or commercial facility whose employees provide goods or services to patrons without requiring the patrons to leave their automobiles. Drive-in or drive-through service may be an accessory use or the primary use of the retail or commercial facility as more particularly provided in the land use charts contained in section 77-46, and as hereafter amended. Any drive-in or drive-through service shall provide the appropriate number of required stacking spaces.

Dry cleaning plant means an industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

Dry cleaning or laundry, minor means a custom cleaning shop or pick-up station not exceeding 6,000 square feet of floor area, including, but not limited to, dry cleaning plants having no more than 1,500 square feet of floor area for dry cleaning equipment.

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

Equipment and machinery sales and rental, major means a building or open area, other than a right-of-way or public parking area, used for display, sale, rental or storage of heavy equipment. Heavy equipment includes, but is not limited to, tractors, farm machinery, bulldozers, street graders, paving devices, or other equipment with a gross vehicle weight (GVW) greater than 25,000 pounds.

Equipment and machinery sales and rental, minor means a building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not limited to, bicycles, lawn mowers, tools, and other small machinery.

Fairgrounds/exhibition area means an area where outdoor fairs, circuses, rodeos, or exhibitions are held.

Family means any number of individuals living together as a single housekeeping unit, in which not more than three individuals are unrelated by blood, marriage, or adoption.

Farm accessory building means a structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops.

Farm, ranch, garden, or orchard means an area of five acres or more which is used for growing of usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessories used for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance or law.

Farmer's market means the retail sale of farm produce by individual vendors within a covered lease space, for the primary purpose of selling fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey. Sale of any type of meat, fish, or poultry, eggs, refrigerated dairy products, and home canned or packaged items shall be prohibited.

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

Fire station and public safety building means a building housing fire apparatus and, usually, firefighters, or a building housing a law enforcement agency of a unit of local government.

Flea market, inside means a building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Flea market, outside means an outdoor site where space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Floodplain means an area of land subject to inundation by a 100-year frequency flood, as shown on the city's floodplain map.

Floor area means the total 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 (FAR) means the floor area of a main building on a lot, divided by the lot area.

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

Foundation. A man-made structure element on which a structure is erected, with the ability to transfer the applied loads of the structure to the ground.

Foundation fascia. Covering of a foundation wall or stem wall.

Fraternal organization, lodge, or civic club means 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.

Fuel pumps mean any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels.

Furniture, home furnishing, and equipment stores means retail stores selling goods used 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.

Gaming device means coin-operated machines or devices, which are operated by or with a coin or other United States currency, metal slug, token, electronic card, or check, specifically including eight-liners (an electronic, electromechanical or mechanical contrivances which have eight lines on which a player can win — three across, three down and two diagonally — by matching symbols) that dispenses credits, tickets, coupons, merchandise, commodities or some other representation of value and which may play music in connection with or in addition to dispensing skill or pleasure. The primary use of any building, structure, facility or space that houses two or more coin-operated machines or devices, as described above, shall be deemed to be a game room use. In addition, any business that receives 50 percent or more of its gross revenues from the provision, exhibition and/or operation of coin-operated machines or devices, as described above, shall also be deemed a game room use.

Game room means any premise, building, structure, facility or space to deal, operate, carry on, conduct, maintain, or expose for play any game, sports book, promotion, sweepstakes, or other activity electronic or otherwise that may or may not confer upon the patrons or participants the right, chance, or ability to win and or claim prizes.

Garage apartment means a dwelling unit erected in conjunction with a garage when the main structure is an owner occupied detached dwelling unit.

General commercial plant means 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 dying plant.

Golf course and/or country club means a land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests.

Grocery store or supermarket means a retail establishment, singular retailer, or wholesale user primarily selling food, pharmaceutical medication, household merchandise, clothing, and a variety of other retail goods that may or may not have membership requirements, emphasize bulk sales, discount sales, and department stores.

Ground level. The final grade elevation of a lot.

Guest house means an accessory building used to house guests of the owner(s) of the main residential structure, and which is never rented or offered for rent.

Gun or archery range (indoor) means any indoor facility open to the public and occupying all or a portion of a building where firearms and/or archery are discharged for testing or recreation purposes.

Health/fitness center means a public or 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, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.

Height means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to the:

(1)

Highest point of the roof's surface, if a flat surface;

(2)

Deck line of mansard roofs; or

(3)

Mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Historically significant area means one or more places or areas designated by the city for its historical, cultural, or architectural importance and significance before April 1, 2019. The areas included within the CA—Central Area District, the Farmersville Commercial Historic District, and the Farmersville Main Street America Program Area are Historically Significant Areas designated by the City before April 1, 2019 or as authorized by V.T.C.A., Local Government Code Ch. 3000.

Home occupation means an occupation carried on in the home by a member of the occupant's family without the employment of additional persons, use of a sign to advertise the occupation, offering any commodity or service for sale on the premises, use of equipment other than that customarily found in a household and which does not create obnoxious noise or other obnoxious conditions to abutting residential property, such as emission of odor, increased traffic or generation of light or smoke, and where the use is carried on in the main structure only and there is not a separate entrance for the use. The term "home occupation" shall specifically exclude the operation of a repair garage, plumbing shop or similar activity.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, helistops, outpatient facilities, or training facilities as licensed by the state.

Hotel means a building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Hotel room units are accessed through doorways into an internal hallway, courtyard, or lobby. Financial consideration for hotel room units is generally calculated on a nightly basis.

Housing development means any development involving the provision of housing as the primary land use and the inclusion of secondary facilities, such as streets and sidewalks.

HUD-Code manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed as a dwelling with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems. The term "HUD-Code manufactured home" does not include a recreational vehicle, or mobile home as defined in the Texas Manufactured Housing Standards Act, Vernon's Ann. Civ. St., art. 5221f.

Industrialized housing (or modular home). Per Section 1202 of the Texas Occupations Code or as may be amended:

(1)

Industrialized housing is a residential structure that is:

a.

Designed for the occupancy of one or more families;

b.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and

c.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

(2)

Includes the structure's plumbing, heating, air conditioning, and electrical systems.

(3)

Industrialized housing does not include:

a.

A residential structure that exceeds four stories or 60 feet in height;

b.

Housing constructed of a sectional or panelized system that does not use a modular component; or

c.

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Licensed massage therapy means a health care service by a licensed massage therapist, as defined by state law. The term "massage therapy" means the manipulation of soft tissue for therapeutic purposes and includes, but is not limited to, effleurage (stroking), petrissage (kneading), strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, and massage technology, myotherapy or any derivation of those terms. The terms "therapy" 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.

Living unit means the rooms occupied by a family, which must include cooking facilities.

Loading space means an off-street space or berth used for the loading or unloading of vehicles.

Lot area means the net horizontal area of a lot excluding portions of streets and alleys and easements for streets and alleys.

Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

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

Lot depth means the horizontal distance measured perpendicularly between two points on the front lot line and two points on the rear lot line which creates an area that meets the minimum width and depth requirements for the zoning district. The term "lot depth" shall not include easements, which impair the use of the lot surface as a yard.

Lot, flag or panhandle means a lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than 12 feet.

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

Lot line, front means the narrower side of the lot abutting a street. Where two 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, such line shall be considered a front lot line in establishing a minimum setback line.

Lot line, rear means the lot line farthest from, but most nearly 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.

Lot line, side means any lot line which is not the front or rear lot line.

Lot lines means the lines bounding a lot as defined in this section.

Lot of record means a lot which is part of a subdivision, the plat for which has been recorded in the county clerk's office.

Lot, plot or tract means land occupied, or to be occupied, by a building and its accessory buildings, and including such open spaces as are required under this chapter and having its principal frontage upon a public street or officially approved place.

Lot, through means a residential lot, other than a corner lot, abutting more than one street and having access to more than one street. Through lots are prohibited by this chapter.

Lot width means the horizontal distance measured between side lot lines, perpendicular to the front lot line, and measured from the point on the building line which is closest to the front lot line.

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

Manufactured home display and sales means the open display, storage, and sale of HUD-Code manufactured homes.

Manufacturing, Heavy means a facility or area for generally mass producing goods usually for sale to wholesalers or other industrial or manufacturing uses. A heavy manufacturing use is one which employs the following or similar types of processes:

(1)

The milling of grain as retail sales and service.

(2)

Producing animal food, and tanning animal hides.

(3)

Production of large durable goods such as but not limited to motorcycles, cars, manufactured homes, or airplanes.

(4)

Canning or bottling of food or beverages for human consumption using a mechanized assembly line.

(5)

Manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents, and other chemical products; and use of a foundry for metals.

(6)

Production of items made from stone, clay, metal or concrete.

(7)

Tire recapping or retreading.

Manufacturing, light means a facility or area for producing goods without the use of chemical processing of materials and determined not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation. Light manufacturing activities include but are not limited to the following activities:

(1)

Assembly, finishing, and/or packaging of small items from component parts made at another location. Examples include but are not limited to cabinetmaking or the assembly of clocks, electrical appliances, or medical equipment.

(2)

Production of items made from materials derived from plants or animals, including but not limited to leather, pre-milled wood, rubber, paper, wool, or cork; or from textiles or plastics.

(3)

Electrical component manufacturing.

(4)

Reproduction, cutting, printing or binding of written materials, drawings, or newspapers on a bulk basis using lithography, offset printing, blue printing and other similar methods.

(5)

Machine or welding shop — a facility where material is processed by machining, cutting, grinding, welding or similar processes.

(6)

Spray painting or motor vehicle conversion.

Masonry construction:

(1)

Primary materials. Unless otherwise provided for in this chapter, exterior construction materials are fired brick, natural and manufactured stone, granite, marble, architectural concrete block, and three-step stucco process for all structures.

(2)

Other materials. Other exterior construction materials for nonresidential structures are tilt wall concrete panels and sealed and painted concrete block.

Medical or scientific research lab means a facility or area for conducting medical or scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. This definition also includes labs for the manufacture of dentures and prostheses.

Mini-warehouse/self-storage facility means a facility or area where enclosed storage space, divided into separate compartments no larger than 500 square feet in size, is provided for use by individuals to store personal items or by businesses to store materials for operation of a business establishment at another location. Related activities, such as retail sale of packing and moving materials and the rental of moving equipment, including vans and trucks, are allowed as incidental uses.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight feet or more in body width and 40 feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems.

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

Mortuary or funeral parlor means 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.

Motel means a building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Each motel room unit has direct access to the outside. Financial consideration for motel room units is generally calculated on a nightly basis.

Motor vehicle means every device in, on or by which any person or property is or may be transported, carried, propelled, or drawn including by way of illustration, and not limitation, cars, busses, mopeds, motorcycles, trucks, tractors, trailers, and watercraft.

Motorcycle sales/service means the display, sale and servicing, including repair work and customization of motorcycles.

Multiple-family dwelling means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more households living in independent dwelling units.

Nonconforming use or structure means a building, structure, or use of land lawfully occupied at the time of the effective date of the ordinance, or amendments thereto, from which this article is derived, or annexed into the city and which does not conform to the use regulations of the district in which it is situated.

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

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

Nursing/convalescent home means an institutional facility licensed by the state providing in-patient health care, personal care or rehabilitative services over a long period of time generally exceeding 30 days to persons chronically ill, aged or disabled who need on-going health supervision but not including hospitals. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.

Occupancy means the use or intended use of the land or building by owners, proprietors, or tenants.

Office, professional/general administrative means a room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices and services, including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

Office, medical or dental. See clinic, medical or dental.

Office, showroom/warehouse means an establishment that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall be incidental to the primary use and shall not exceed 50 percent of the total floor area. This designation does not include contract construction or a contractor's shop and storage yard.

One-family dwelling (attached) means a dwelling that is part of a structure containing three or more dwellings, which is joined to another dwelling at one or more points, by a party wall or abutting separate wall, which is designed for occupancy by one household and is located on a separate lot delineated by front, side and rear lot lines. This definition includes the term "townhome."

One-family dwelling (detached) means a dwelling designed and constructed for occupancy by one household, which is located on a lot or separate building tract, and having no physical connection to a building located on any other lot or tract.

Open space means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky, except for the ordinary projections of cornices, eaves, or porches.

Open storage and outside display means as a primary use, over 50 percent of a property area used for outdoor storage or display of commodities, materials, goods, equipment, vehicles, or merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of automobiles, motorcycles recreational vehicles, boats, or watercrafts.

Outdoor structure means open to the public and which provides entertainment or amusement for a fee or admission charge including, but not limited to, batting cages, miniature golf, go-kart tracks and carnivals.

Owner (or operator) occupied residence means the structure, house, or home is the primary or principal residence of the owner or operator.

Park or playground (public) means an open recreation facility or park owned and operated by a public agency for the general public, including a baseball field, golf course, football field or stadium.

Parking garage, residential means an enclosed all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Parking lot/garage (accessory) means an area or structure for the temporary storage of motor vehicles.

Parking lot/garage (commercial) means an area or structure where a fee is charged for parking motor vehicles and which serves as the primary use on the lot.

Patio home means a one-family dwelling on a separate lot, with open space setbacks only on three sides, commonly developed in a cluster configuration.

Pawn shop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).

Pet grooming means an establishment that provides grooming services for dogs, cats and other small domesticated animals inside a heated and air conditioned building; but which establishment does not provide indoor or outdoor pens in which such animals are housed or boarded on a daily basis or overnight or are otherwise bred, trained, or sold for commercial purposes. Pet grooming may be an accessory use to a pet shop.

Pet shop means an establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.

Planning and zoning commission means the agency appointed by the city council as an advisory body to it and which is authorized to recommend changes in the zoning and other functions as delegated to it by the city council.

Plat means a plan for a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the city's subdivision standards and state law. It is subject to approval by the planning and zoning commission and the city council and is filed with the county plat records.

Play field or stadium (public) means an athletic field or stadium owned and operated by a public agency for the general public, including a baseball field, golf course, football field, or stadium.

Plot means a single unit or parcel of land, or a parcel of land that can be identified and referenced on a recorded plat or map.

Portable building sales means an establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or HUD-Code manufactured homes.

Post office, government and private means the local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

Premises means land together with any building or structures situated thereon.

Primary use means the principal or predominant use of any lot or building.

Principal building means same as main building.

Print shop, major means an establishment specializing in long-run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes.

Print shop, minor means an establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This definition shall include mailing and shipping services, but excludes the on-site storage of heavy load fleet vehicles.

Private club means a club where alcoholic beverages are stored, possessed and mixed on club premises and served for on-premises consumption only to members of the club and their families and guests, by the drink or in sealed, unsealed or broken containers of any legal size.

Private street means a private vehicular accessway shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. Private streets and alleys may be established only under the terms of chapter 65, Subdivisions. The term "private street" shall be inclusive of private alleys.

Private utility, other than listed means a nonpublic utility requiring special faculties, in residential areas or on public property, for such purposes as heating, cooling, or communications, not customarily provided by the municipality or public utilities.

Propane storage and distribution means facilities for the receipt, storage, and distribution of propane gas in tanks larger than five gallons.

Public building, shop or yard of local, state or federal government means facilities such as office buildings, maintenance yards or shops required by branches of local, state, or federal governments for service to an area such as a highway department or city service center.

Railroad or bus passenger station means any premises of the transient housing or parking of motor-driven buses and trains and the loading and unloading of passengers.

Railroad team track, freight depot or docks means a facility or place for the loading and unloading of materials on trains.

Recreational vehicle (RV) parks and campgrounds means an area for locating, establishing, or maintaining one or more sites for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. The area is intended for use on a temporary basis by campers, vacationers, and travelers.

Recreational vehicle sales and service, new/used means sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and boats.

Rehabilitation care facility means a facility which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.

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

Repair shop, household equipment and appliances means the maintenance and rehabilitation of appliances 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 and hairdryers.

Residence means the same as dwelling, and when used with district means an area of residential regulations.

Residence hotel means a multidwelling unit, extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services such as linens, maid service, telephone, and upkeep of furniture shall be provided. Meeting rooms, clubhouse, 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 section.

Residential community center, private (accessory) means a facility or area that is an integral part of a residential project or planned development and that is used by the residents of the project or development for a place of meeting, recreation, or social activity, but not primarily to render a service that is customarily carried on as a business. Such facilities include but are not limited to swimming pools, saunas, hot tubs, game courts, playgrounds, community clubhouse, cabana, pavilion or roofed areas, leasing office, laundry facilities, and other similar uses. This use need not be located on the same lot as the property it serves.

Residential district means a district where the primary purpose is residential use.

Restaurant or cafeteria means an eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises, which may include a drive-in window.

Restaurant (drive-in type) means an eating establishment where primarily food or drink is served to customers in motor vehicles, or where facilities are provided on the premises, which encourages the serving and consumption of food in automobiles on or near the restaurant premises.

Restaurant or food shop, take-out and delivery means a food establishment that is open to the public, where food and beverages are prepared primarily for carry-out by the consumer or delivery by the establishment and not for consumption on the premises. This classification may include ice cream shops, pizza delivery, specialty food and beverage shops, or baked goods shops.

Retail or service, incidental means a retail or service use that is clearly incidental and supportive to the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. Incidental shall mean an area that constitutes not more than 15 percent of the main use.

Retail stores and shops means an establishment engaged in the sale or rental of goods and merchandise to the general public for personal or household use or consumption and rendering services incidental to the sale or rental of such goods or merchandise.

Right-of-way and track means used by a railroad, but not including railroad stations, siding, team tracks, loading facilities, dock yards, or maintenance areas.

Salvage yard means a yard or building where automobiles or machinery are stored, dismantled and/or offered for sales as whole units, as salvaged parts, or as processed metal.

Sand and gravel storage means a facility where sand and gravel are stored for sale or use by private entity.

School, private or parochial (primary or secondary), means a school operated by a private or religious agency or corporation other than an independent school district, having a curriculum generally equivalent to a public elementary or secondary school.

School, public means a school operated by an independent school district and providing elementary or secondary curriculum.

School, trade or commercial, means establishments, other than public or parochial schools, private primary or secondary schools, or colleges offering training or instruction in a trade, art, or occupation.

Sexually oriented businesses or establishments are as defined and regulated in Ord. No. 98-12.

Shopping center means a group of commercial, primarily retail and service establishments, that are planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, and provisions for aesthetically appropriate design and protection from the elements.

Shops, offices, and storage area for public or private utility means the pole yard, maintenance yard, or administrative office or public of private utilities.

Sign means an outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure or a display on premises intended to accomplish the purposes customarily assigned to signs. Regulations of size, type, construction standards are set forth in Ord. No. 2000-07, or its successor ordinance, if any.

Significantly important building means a building which is:

(1)

Located in a historically significant area;

(2)

Located in an area designated as a historic district on the National Register of Historic Places;

(3)

Designated as a Recorded Texas Historic Landmark;

(4)

Designated as a State Archeological Landmark or State Antiquities Landmark;

(5)

Listed on the National Register of Historic Places or designated as a landmark by a governmental entity;

(6)

Located in a World Heritage Buffer Zone; or

(7)

Located in an area designated for development, restoration, or preservation in a main street city under the main street program established under V.T.C.A. Government Code § 442.014; or as otherwise provided in V.T.C.A. Government Code Ch. 3000.

Small engine repair shop means shop for repair of lawnmowers, chain saws, lawn equipment, and other machines with one-cylinder engines.

Specialty food processing means a business that prepares, cooks, bakes, pickles, or roasts food products that are not potentially hazardous where the preparation requires specialized knowledge, craft, skill or exotic, high-quality or organic ingredients. A portion of the sale of such products may occur off the premises. The use may also include the production, incidental storage, display, and sale of such goods or may be a place where a small number of persons are engaged in arts and crafts activities in a class or studio.

Examples include but are not limited to coffee beans, ice cream, popcorn, pretzels, pickles, and nuts, provided that such food processing is equipped with specialized equipment to eliminate dust, odor and noise pollution within the premises and prevent any infiltration thereof into adjacent properties or beyond the exterior walls of the property. This category does not include the baking, pickling, preparation or manufacturing of food products that are a "potentially hazardous food" as defined by Health and Safety Code, § 437.0196, as such provision may be amended from time to time.

Specialty or custom fabrication of certain motorcycle parts means a business that custom handcrafts, hand polishes and hand assembles rims, wheels, and other accessory-type component parts for a customer's motorcycle without the use of any loud or heavy duty equipment or chemical processes.

Stable (commercial) means a facility for boarding horses, renting horses to the public or conducting riding lessons. A minimum of ten acres is required for this use.

Stable (private) means an accessory building for quartering horses, when the stable building is set back from all adjacent property lines at least 100 feet, and when the site contains a minimum area of one acre for each animal quartered.

Stacking space means a designated area that provides the ability for motor vehicles to queue on site prior to receiving a service. Each required stacking space shall be a minimum of nine feet in width and 20 feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area.

Story means the height between the successive floors of a building, or the distance from the floor to the roof. For the purpose of computing building height pursuant to this chapter, the average height for a story shall be defined as 12 feet, six inches.

Street means any thoroughfare or public driveway, other than an alley, of more than 30 feet in width, which has been dedicated or deeded to the public for public use.

Street line means a boundary line between a lot, tract, or parcel of land and a contiguous street right-of-way. A street line is the same as a front property line or right-of-way line.

Structural alterations means any change in the supporting member of a building, such as bearing walls, columns, beams, or girders.

Structure means a combination of materials that are used to form a construction that is built and/or installed on, above or below the surface of land or water. (Means that which is built or constructed vertically above ground level).

Studio for dance, gymnastics, and/or martial arts means a building or portion of a building used as a place of work for a gymnast, dancer and/or martial artist or for instructional classes in gymnastics, dance and/or martial arts.

Studio for photographer, musician, and artist means a building or portion of a building as a place of work by a photographer, musician, or artist.

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

Swim and tennis club means a private recreational club with restricted membership, usually of less area than a country club, but including a clubhouse and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family, or multiple-family dwelling and located and fenced in accordance with city regulations. 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.

Telephone line and exchange means a line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication.

Temporary field office means a building or structure of either permanent or temporary construction, used in connection with a development or supervisory and/or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project.

Theater (drive-in) means an open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater (indoor) means a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performance.

Thoroughfare means the same as street.

Tow truck means a vehicle for hire:

(1)

Designed to lift, pull, or carry another vehicle by means of a boom, wheel-lift or spectacle lift, integrated boom and wheel-lift (a.k.a. self-loader, snatcher, quick pick or repo truck), flatbed (a.k.a. rollback or slide), lift flatbed, or other mechanical apparatus; and

(2)

Having a manufacturer's gross vehicle weight rating of at least 10,000 pounds that may be used to move disabled, improperly parked, impounded, repossessed, or otherwise indisposed motor vehicles.

Towing or wrecker service means a facility or area in which tow trucks are employed in the hauling of motorized vehicles and for the storage of vehicles that have been towed, repossessed, or otherwise in the care and custody of the operator of the lot, but not disassembled or junked.

Townhome. See one-family dwelling (attached).

Tract means an area, parcel, site, piece of land, or property which is the subject of a zoning or development application.

Trailer sales or rental means the display and offering for sale or rent of trailers designed to be towed by a vehicle. Such trailers offered or displayed in the GR District shall not exceed 20 feet in overall length.

Transportation and utility structures/facilities mean permanent facilities and structures operated by companies engaged in providing transportation and utility services including, but not limited to, sewage pumping stations, telephone exchanges, water reservoirs, and water pumping stations.

Travel trailer means a mobile vehicle, designed and used as a temporary place of dwelling, and of such size and design so as to be subject to licensing for towing on the highway by a passenger motor vehicle or other vehicle, and not requiring a special permit for moving on the highways as contrasted to a mobile home.

Truck parking lot means an area for parking vehicles weighing more than 6,500 pounds.

Truck sales (heavy truck) means the display, sale, or rental of new or used heavy load vehicles in operable condition.

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

Two-family dwelling (duplex) means a single structure designed and constructed with two living units under a single roof for occupancy by two households living independently of each other.

Utility distribution/transmission lines means facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines and metering stations.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstance 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.

Vehicle recovery means the recovery of any vehicle to another place, generally speaking with a tow truck.

Vehicle storage means a holding facility for the storage of operable or inoperable vehicles awaiting adjustment or settlement of insurance claims, repossessed motor vehicles, or motor vehicles that have been impounded for other various reasons. Dismantling of vehicles is not permitted.

Veterinarian clinic and/or kennel, indoor means an establishment, not including outside pens/kennels, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Veterinarian clinic and/or kennel, outdoor an establishment with outdoor pens/kennels, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Warehouse/distribution center means a building or area for storage, wholesale, and/or distribution of manufactured products, supplies, and equipment. This definition excludes the bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

Wholesale office storage or sales facility means a wholesale, storage, and distribution use, not generally open to the public, in which merchandise is displayed and sold at wholesale to business representatives for resale, rather than to the general public for direct consumption, including the storage of goods for sale, and not including "truck terminal". An establishment should have a minimum 75 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 areas, sales offices, and display areas for products sold and distributed from the storage and warehouse areas. Wholesalers that do not have auxiliary storage as a part of the use shall be considered offices.

Yard means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided by roof overhang or similar special architectural features.

Yard, front, means an open, unoccupied space on a lot facing a street extending across the lot front between the side lot lines and from the main building to the front lot or street line, with the minimum horizontal distance between the street line and the main building line as specified for the zoning district in which it is located.

Yard, rear, means an open, unoccupied space, except for accessory building as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified the district in which the lot is situated. (See appendix illustration 3 on file in the city secretary's office.)

Yard, side, means an open, unoccupied space or spaces on one side or two sides of the same lot with a main building, and being situated between the building and a side line of the lot extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed as a side line. (See appendix illustration 3 and 4 on file in the city secretary's office.)

Zero lot line dwelling means detached single-family dwellings on lots without a side yard requirement on one side of the lot.

Zoning administrator means the city manager or other person designated as the one responsible for the administration and enforcement of the city zoning and building codes.

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

Zoning ordinance means this chapter.

(Ord. No. 2018-0508-001, § 3, 5-8-2018; Ord. No. O-2020-0114-001, § 2, 1-14-2020; O-2021-0413-001, § 2, 4-13-2021; Ord. No. O-2021-1221-001, §§ 2, 3, 12-21-2021)