The following are general definitions that, when used in this Ordinance, shall have the meaning respectively ascribed to them in this section, unless the context of this Ordinance clearly indicates otherwise. Definitions that pertain to other sections of this Ordinance are provided in those specific sections:

A

>

Abutting: Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

Accessory Building (Accessory Structure): A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure includes portable commercial trailers, garages, decks and fences.

Accessory Use: A structure or use that: (1) is subordinate in area, extent, and purpose to the principal use; (2) contributes to the comfort, convenience, or necessity of the principal use; and (3) is located on the same lot and in the same zoning district as the principal use.

Administrative Official: The individual charged with the administration and enforcement of this Ordinance, or his duly authorized representative.

Adult Business: As defined in City's Sexually Oriented Business Ordinance.

Agricultural Use: The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or feeding (including grazing), breeding, managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticulture use, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including, but not limited to, providing riding lessons, training clinics and schooling shows.

Alley: A right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular or utility access.

Animal Clinic, Large: a facility rendering surgical and medical treatment to large animals and household pets, providing overnight accommodations, or outdoor runs. Large Animal Clinics do not include crematoriums.

Animal Clinic, Small: any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Animal Shelter: Any premises designated by the City for the purpose of impounding and caring for cats and dogs found running at large or otherwise subject to impoundment in accordance with the provision of this law.

Antique Shop: Any premises used for the sale or trading of articles of which eighty (80) percent or more are over fifty (50) years old or have collectible value. Antique shop does not include "secondhand store".

Apartment: A building or structure arranged, intended, and designed to be occupied by three (3) or more families living independently of each other, and each including its own separate kitchen and bathroom accommodations. Row houses shall be considered as an apartment house.

Apartment, Loft: A dwelling unit established in an existing nonresidential building.

Apartment, Studio: An apartment consisting of one (1) main room, a kitchen or kitchenette and a bathroom.

Appliance Shop, Household: A shop specializing in the sale and repair of household appliances.

Artist's Studio: Work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft.

Assembly Hall: A building and associated facilities dedicated to social or recreational activities serving the city or a neighborhood.

Athletic Fields: Outdoor sites, often requiring equipment, designed for formal athletic competition in field sports (e.g., softball, soccer, football).

Auction Room: A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. This definition excludes an auction, at which the principal purpose is the sale of livestock or motor vehicles.

Auditorium: An open, partially enclosed, or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions, and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

Auto Body Operations: Activities involving the repair, painting, or undercoating of the body or frame of vehicles with a gross vehicle weight of ten thousand (10,000) pounds or less. Body and frame repair does not include mechanical engine or power train repair.

Automobile Accessory Stores: Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation, Does not include tire recapping establishments, or businesses dealing exclusively in used parts.

Automobile Dealership: A retail business primarily housed in a structure and characterized by a mixture of related uses upon a commercial site; however, the principal use of the site shall be the marketing of new or used automobiles, whether by sale, rent, lease, or other commercial or financial means. Secondary supporting uses may also exist upon the same site, such as maintenance, repair and service areas, parts storage areas, and financial service areas.

Automobile Rental Services: the rental, leasing, or storing of automobiles, motorcycles, light duty trucks and vans, and general purpose trailers.

Automobile Service Facilities: Any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment, or cellular telephones.

Automobile Washes (Carwash): A building or portion thereof containing facilities for washing more than two (2) automobiles, using production line methods. The use of personnel for one (1) or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of this Ordinance, coin-operated devices operated on a self-service basis shall be construed to be the same.

B

>

Bakery, Retail: An establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on- or off-site. Such use may include incidental food service. A bakery shall be considered a general retail use.

Bakery, Wholesale: A bakery in which there is permitted the production and/or wholesaling of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited.

Bank: A freestanding building or suite located within another principle structure, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds.

Barber Shop: Any establishment or place of business within which the practice of barbering is engaged in or carried on by one (1) or more barbers.

Barn: A large accessory building used exclusively for the storage of grain, hay, and other farm products, or the sheltering of livestock or farm equipment.

Basement: That portion of a building below the first or ground floor level and having less than four (4) feet of clearance from its ceiling to the average finished grade of the building perimeter. A basement shall not be considered a story for the purposes of determining building height, except when it is used or suitable for habitation.

Beauty Salon: Any establishment where cosmetology services are provided including hair care, nail care, skin care, and permanent cosmetics on a regular basis for compensation.

Block: An area of land bounded by a street, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, exterior boundaries of a subdivision, shorelines of waterways, or corporate boundaries.

Board: The Board of Appeals of the City of Gainesville, Texas.

Breezeway: A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings.

Building: A structure enclosed within exterior walls, built, erected and framed of a combination of materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property.

Building Line: The building line is the inner edge of any required yard or required setback, and the corresponding outer edge of the buildable area. Except as specifically provided by these regulations, no portion of any building or structure may be extended to occupy any portion of a lot outside its building lines.

C

>

Campground: Temporary or permanent buildings, tents, or other structures established or maintained as a temporary living quarter, operated continuously for a period of five (5) days or more for recreation, religious, education or vacation purposes.

Cargo Container: A standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; or (2) designed for or capable of being mounted or moved on a rail car; or (3) designed for or capable of being mounted on a chassis or bogie for movement by truck, trailer or loaded on a ship.

Carport: A roofed structure not more than seventy-five (75) percent enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles.

Catering Establishments: An establishment that serves and supplies food to be consumed off-premises.

Cellar: A story having more than one-half of its height below grade. A cellar is not included in computing the number of stories or building height.

Cemetery: Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

Certificate of Occupancy: A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.

Church: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

City Council (Council): The governing body of the City of Gainesville established under and by the authority of the laws of the State of Texas for the enactment of ordinances and the enforcement thereof and having the ultimate authority for amendment or repeal of any provision of this Code.

Cleaning and Dyeing Facilities: A building, portion of a building, or premises used or intended to be used for cleaning or dyeing fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.

Clinic: A facility for examining and treating patients with medical problems on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than twenty-four (24) hours.

Commercial Recreational Uses: Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but is not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters.

Communications Tower: A structure designed and constructed to support one (1) or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), of either lattice or monopole construction.

Community Center: Building to be used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages or meals are normally dispensed or consumed.

Convalescent Center: A facility that provides nursing services and custodial care on a twenty-four-hour basis for three (3) or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services.

Court: An unoccupied open space bounded on three (3) or more sides by buildings or lot lines on which walls are permitted.

Crematorium: a facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use.

D

>

Day Care Center: Any facility operated for the purpose of providing care, protection and guidance to ten (10) or more individuals during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period.

Day Care Center, Adult: A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.

Density: The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include land required for public streets.

Department Store: A general merchandising store offering a full line of goods and having fifty thousand (50,000) square feet or more of floor space.

Driving Range: A tract of land for practicing long golf shots, esp. drives, with clubs and balls available for rent from the management.

Dwelling, Multifamily: A dwelling or group of dwellings on one (1) lot, containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments, group homes, row houses, and condominiums; also multiple dwellings.

Dwelling, Single-Family: A building designed exclusively for and occupied exclusively by one (1) family.

Dwelling Unit: A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

E

>

Easement: A legal interest in land, granted by the owner to another person, which allows that person(s) the use of all or a portion of the owner's land, generally for a stated purpose including, but not limited to access or placement of utilities.

Electrical Substation: An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, housing of repair crews, or office or place of business.

Explosive: Any chemical compound mixture or device, the primary and common purpose of which is to function by explosion with substantially simultaneous release of gas and heat, the resulting pressure being capable of producing destructive effects.

Extra Territorial Jurisdiction (ETJ): A one-mile area surrounding the incorporated area of the City of Gainesville, over which the municipality has the right of subdivision approval and the potential for annexation.

F

>

Fairgrounds: An area of land use including, but not limited to, agricultural related office buildings, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, theaters. Such county fairs, exhibitions, and shows do not include racetracks or motorized contests of speed.

Family: One (1) person or two (2) or more persons related by blood or marriage, and with any number of natural children, foster children, stepchildren or adopted children; or a group of not more than two (2) adult persons not necessarily related by blood or marriage, and with any number of natural children, foster children, stepchildren or adopted children. Limitations provided in this section do not apply to a dwelling unit which is utilized as a residential facility for handicapped persons as governed by the provisions of federal law.

Farm: A parcel of land owned in fee or leased to a single legal entity and which is devoted to agriculture, pasturage, or stock or poultry raising. The term "farm" does not include: (a) truck gardens; (b) commercial tree farms; (c) sales of agricultural equipment or chemicals; (d) commercial storage of agricultural produce or chemicals; (e) commercial feedlots and poultry lots; and (f) nurseries.

Farm Equipment and Supplies Sales Establishment: Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.

Farmers Market: A specified land area managed by a single operator who leases space/stalls for the outdoor sales of fresh fruit and produce foods products, fruits and nuts.

Feedlot: Any pen, corral or structure wherein livestock are maintained in close quarters for the purpose of fattening for market.

Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

Floodplain: As designated by FEMA.

Floodway: As designated by FEMA.

Floor Area: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, and attached accessory buildings, but excepting that area primarily devoted to window display, storage, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized for dead storage, heating and utility rooms, inside off-street parking, or loading space. Measurements shall be made from the outside of the exterior walls.

Floor Area Ratio (FAR): The gross floor area of the building or buildings on the zoning lot divided by the area of such zoning lot, or in the case of a planned development, by the net site area.

Fraternal Organization: A group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings and formal written membership requirements.

G

>

Garage: A building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles.

Garbage: Any human-made or human-used waste which, if deposited within the City other than in a garbage receptacle, does create or tends to create a danger to public health, safety and welfare or to impair the environment of the people of the City. "Garbage" includes by illustration only any litter, trash, refuse, confetti, debris, rubbish, excrement, urine, offal composed of animal matter or vegetable matter or both, or any noxious or offensive matter including, but not limited to, grass clippings, leaves, cut weeds, newspaper, magazine, glass, metal, plastic or paper container, or compound, hide, feathers, brick, cinderblock, concrete, sand, gravel, stone, glass or other used construction materials, motor vehicles or parts thereof, furniture, appliances such as refrigerators, freezers, ranges, stoves, washers, and dryers, carcass of a dead animal, ashes, cigarettes, cigars, and food or food products.

Glare:

(1) The reflection of harsh, bright light; and

(2) The physical effect resulting from high luminance or insufficiently shielded light sources in the field of view.

Golf Course: A lot or portion of a lot used for the playing of golf and shall include pitch-and-putt courses, but shall not include driving ranges, miniature golf courses, or other similar commercial enterprises.

Golf Course, Miniature: A theme-oriented recreational facility, typically comprised of nine (9) or eighteen (18) putting greens, each with a "cup" or "hole," where patrons in groups of one (1) to four (4) pay a fee to move in consecutive order from the first hole to the last.

Greenhouse/Nursery: Retail business whose principal activity is the selling of plants grown on the site and having outside storage, growing or display.

Greenhouse, Private: A residential accessory building or structure not exceeding one hundred (100) square feet in area or twelve (12) feet in height made of safety glass used for the growth, display, and care of plants grown on the site.

H

>

Halfway House, Penal: One (1) or more resident is: (1) on probation; (2) on parole; or (3) participating in a penal institution's pre-release program.

Health Club: A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

Height: A vertical distance fixed in certain districts contained herein and measured from the average ground level at the base of the structure.

Heliport: An area designed to be used for the landing or takeoff of one (1) helicopter, the temporary parking of one (1) helicopter, and other facilities as may be required by federal and state regulations, but not including operation facilities such as maintenance, storage, fueling, or terminal facilities.

Home Improvement Store: A facility engaged in the retail sale of various basic hardware lines, such as tools, builders hardware, paint and glass, housewares and household appliances, garden supplies and cutlery.

Home Occupation: An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.

Hospital: An institution where sick or injured persons are given medical care and, in the course of same, are housed overnight, fed, and provided nursing and related services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.

Hotels/Motels: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house as herein defined.

I

>

Impervious Surface: Any hard-surfaced, manmade area that does not readily absorb or retain water, including but not limited to, building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreation areas.

Impervious Surface Coverage: The percentage of the area of a lot that is covered by impervious surface.

Infrastructure: Facilities and services needed to sustain industry, residential, commercial, and all other land-use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc.

Interior Decorating Shops: A commercial establishment from where professional home interior decorating services are provided. The on-site retail sale of furniture and other home furnishings to the general public shall not be offered; however, cloth, wallpaper, and paint samples may be provided.

J

>

Junk: Scrap or waste material of whatsoever kind or nature collected or accumulated for resale, disposal or storage.

Junkyard: A tract of land, including any accessory structure thereon, that is used for buying, selling, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three (3) or more inoperable vehicles are stored shall be deemed a junkyard. A junkyard includes an automobile wrecking yard.

K

>

Kennel: Any premises, except where accessory to an agricultural use, where domestic animals, such as dogs and cats, are boarded, trained or bred.

L

>

Laboratory, Research: Building or group of buildings in which are located facilities for 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.

Laboratory, Support: A facility for scientific laboratory analysis of natural resources, medical resources and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water and soil, medical or veterinary laboratories for the analysis of blood, tissue or other human medical or animal products. Forensic laboratories for analysis of evidence in support of law enforcement agencies would also be included in this category.

Landscape Contractor: Business principally engaged in the decorative and functional alteration, planting and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.

Landscaping: The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features, and contouring of the earth.

Laundromat: A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Liquor Store: Any business selling general alcoholic beverages, also known as sale of distilled spirits or hard liquor, for off-premises consumption. Liquor store does not include a business selling only beer and/or wine for off-premises consumption.

Livestock: Any animal customarily kept by humans for the purpose of providing food, clothing, or work, including but not limited to, equine, bovine, ovine, caprine, porcine, and fowl, but excluding bees.

Livestock Yard: An agricultural operation of at least five (5) acres in size where domestic farm animals, excluding swine, are kept for use as part of a farm or raised for sale.

Loading Space, Off-Street: A space within the main structure or on the same lot, providing for the standing, loading or unloading of trucks.

Locksmith Shops: A shop that specializes in making, selling and repairing keys, locks and associated materials.

Lot: A piece or parcel of land occupied or intended to be occupied, or capable of being occupied, by a permitted principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this Code.

Lot Area: The computed area contained within the lot lines.

Lot, Corner: A lot located at the intersection of two (2) or more streets.

Lot Coverage: The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.

Lot Depth: The mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, Interior: A lot other than a corner lot or a through lot.

Lot Line: The property line bounding the lot.

Lot Line, Front: The line separating the lot from the street. In the case of an exterior lot, the front line is the shorter of any two (2) adjacent street lot lines.

Lot Line, Rear: The line opposite to and most distant from the front lot line, other than a side lot line; in the case of an irregularly shaped lot where no rear lot line is apparent, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side: Any lot line other than a front or rear lot line that intersects a front lot line.

Lot, Through: A lot having a pair of opposite lot lines along two (2) more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines, and shall provide a front yard on each street.

Lot Width: The horizontal distance between side lot lines measured at the required front setback.

M

>

Main (Principle) Building: A building, or buildings, in which is conducted the principal use of the lot in which it is situated. In any residential district, any dwelling shall be deemed to be the principal building of the lot on which the same is situated.

Manufacturing: Fabrication of raw materials or assembly of parts or materials fabricated off-site.

Masonry: That form of construction composed of brick, stone, or decorative split-face block or combination of these materials laid up unit by unit and set in mortar with a natural finish. For the purpose of this Code, "masonry" may include stucco finishes (including exterior insulation and finish systems (EIFS) as long as the finish resembles stucco, the Building Official approves the proposed finish, and the product is Dryvit Outsulation or its equivalent) and fiber cement board products, such as Hardie board or its equivalent.

Massage Studio: An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Meat Market: A retail facility that offers meat, fish, and poultry products for sale to the public and shall include the sale of meat and meat products to restaurants, hotels, clubs, and other similar establishments when such sale is conducted as part of the retail business on the premises.

Medical Supply Stores: An establishment including offices, stores, and display rooms for the display, sale, rental and leasing of medical equipment.

Mini-Storage or Mini-Storage Facilities: A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated facilities.

Mining/Drilling: The development or extraction of a mineral from its natural occurrences on affected land by any means.

Mortuary: a building used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, including the storage of caskets, funeral urns, funeral vehicles and other funeral supplies.

Movie Theater: A specialized theater for showing movies or motion pictures. The primary structural difference between a theater and a movie theater is the projection screen. However, many movie theaters can easily be adapted for stage performances and many stages have folding screens for movie projections. Although screen shapes are mostly rectangular, they come in a variety of shapes. Also, some special-purpose multimedia movie theaters use multiple screens, one (1) on each wall face, or the entire ceiling surface, which are sometimes curved or geodesic in shape.

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

Musical Store: An establishment offering music, musical instruments, and other related items for sale to the general public. Such establishments may offer repair services of musical instruments.

N

>

Reserved.

O

>

Occupancy: The use of land, buildings or structures by proprietors or tenants.

Office Machine Sales and Service: A shop specializing in the sale and repair of office machinery.

Office Supply Stores: A store specializing in office supplies.

Open Space: Land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.

P

>

Paint Store: Specializing in the sale of paint, painting tools and supplies.

Park, Public: A natural or landscaped area, buildings, or structures, provided by a unit of govermnent, to meet the active or passive recreational needs of people.

Parking Area, Off-Street: A site or a portion of a site devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicular access to a public street. Off-street parking must meet the requirements of any other regulations or ordinances adopted by the City of Gainesville.

Pawnshops: An establishment wherein the business of a pawnbroker is conducted. A pawnbroker shall be any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or, who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. A pawnshop shall not be deemed a retail sales establishment except for the purposes of determining off-street parking and transitional screening and barrier requirements.

Permanent Cosmetics: A cosmetic technique which employs permanent pigmentation of the skin to resemble makeup, such as eye liner, eyebrows, and other permanent enhancing colors to the face, lips and eyelids.

Petroleum Refining: Oil-related industrial activities involving the processing or manufacture of substances such as: Asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood, and other compositions of asphalt and tar with other materials; and roofing cements and coatings.

Pharmacy/Drug Store: A place where drugs and medicines are prepared and dispensed.

Planning and Zoning Commission (Commission): The Planning and Zoning Commission of the City of Gainesville.

Plat: A document, prepared by a registered surveyor or engineer that delineates property lines and shows monuments and other landmarks for the purpose of identifying property.

Plumbing Supply Stores: Stores specializing in the sale of plumbing tools and supplies.

Premises: A lot, together with all buildings and structures thereon.

Printer: A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing.

Private Club: A recreation facility open only to bona fide members and guests of the private organization operating the facility.

Private Drive, Street or Place: Any right-of-way or area set aside to provide vehicular access within a development that is not dedicated or intended to be dedicated to the city and that is not maintained by the city.

Processing: To subject to some special process or treatment, as in the course of manufacture; change in the physical state or chemical composition of matter; the second step in use of a natural resource; examples include petroleum refining, oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning, saw mill, alfalfa pellet mills, food canning or packing, creation of glass, ceramic, or plastic materials, gravel crushing, cement manufacture, concrete batch plants.

Property Line: (See lot line definitions).

Public Building: Any building held, used, or controlled exclusively for public purposes by any department or branch of government, federal, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

Q

>

Reserved.

R

>

Radio Station: All uses related to the production of radio including all vehicles used to transport this equipment and other related commercial vehicles and equipment used for remote broadcast.

Recreational Vehicle (RV): A vehicle built on a single chassis, containing four hundred (400) square feet or less when measured at the largest horizontal projections and designed to be self-propelled or towed by another vehicle. A recreational vehicle is not designed or intended for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. This definition includes vehicles such as travel trailers, motorhomes, boats, houseboats and campers.

Recreational Vehicle (RV) Storage Facilities: Storage facilities or sites used for the parking or storage of recreational vehicles. The parking and storage may be covered or uncovered.

Repair and Storage Garages: Any building, structure, improvements, or land used storage of, or repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo equipment, or cellular telephones.

Residence: The general term implying place of human habitation and embracing both residential and apartment residential district classifications.

Restaurant: A structure in which the principal use is the preparation and sale of food and beverages.

Restaurant, Drive-In: A building and adjoining parking area used for the purpose of furnishing food, soft drinks, ice cream, and similar confections to the public normally for consumption outside the confines of the principal permitted building, or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided inside for the public. Services are effected principally while patrons remain in their vehicles.

Room: An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways and service porches.

S

>

Salvage Yard: Facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment, scrap or discarded material, includes but is not limited to, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment, and appliances. The term includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans, and other products that can be returned to a condition in which they may again be used for production.

Sanitarium: A health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions, or institutions for treatment of persons addicted to the use of drugs.

School: An institution for the teaching of children or adults. Including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools and similar facilities.

Screening: A method of visually shielding or obscuring an abutting or nearby use or structure from another by fencing, walls, berms, or densely planted vegetation.

Semi-trailer: Any vehicle without motive power designed to be coupled with or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.

Setback (See also lot definitions): The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

Short Term Rental (STR): The rental of a room, loft, or entire home for 30 to 180 days per calendar year to transient guests who have paid for accommodations. STRs located in residential zoning districts may have one (1) plaque-style sign mounted on the structure. The plaque shall not exceed four (4) square feet. If the STR is located in a commercial district, signs must comply with the Sign Ordinance related to the zoning district.

Slaughterhouse: A facility for the slaughtering and processing of animals and the refining of their byproducts.

Solar Energy Facility or Solar Farm: A complete design or assembly consisting of a solar energy collector or collectors, an energy storage facility (where used), and components for the distribution of transformed energy and which facility devotes ½ acre or more than fifty (50) percent of the property on which it is located to solar electric power generation either for use off-site or for use by a co-located commercial facility. Roof-mounted solar panels are not considered to be a Solar Farm.

Special Use Permit: A permit issued by the proper governmental authority that must be acquired before a special exception use can be constructed.

Stables, Commercial: A structure or land use in or on which equines are kept for sale or hire to the public. Breeding, boarding or training of equines may also be conducted.

Stadium: A commercial structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events. Sports arena may also be used for entertainment and other public gathering purposes, such as conventions, circuses or concerts.

Street: A public thoroughfare, including road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords the principal means of access to abutting property.

Street Line: The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line.

Street, Thoroughfare: A street whose primary function is to provide continuity and to feed regional major thoroughfares and freeways.

Structural Alteration: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

Structure: Anything constructed or erected that requires location on the ground or attached to something having location on the ground.

Swimming Pool: A receptacle for water, or artificial basin of water, either above ground, below ground, or partly above and partly below ground, not wholly enclosed within a building, having a depth at any point in excess of eighteen (18) inches or a surface area exceeding one hundred fifty (150) square feet and intended for use by persons for the purpose of immersion, partial immersion, or swimming, and including all appurtenant equipment.

T

>

Tanning Studio: Any business that uses artificial lighting systems to produce a tan on an individual's body. This use specifically excludes spas, gymnasiums, athletic clubs, health clubs, and any exercise equipment.

Tattoo Parlor/Piercing Studio: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one (1) or more of the following: (1) 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; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Taxidermist: The business of preparing, stuffing, and mounting the skins of animals.

Telecommunications Wireless Services: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as described in the Federal Telecommunications Act of 1996.

Telephone Exchange Building: A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers.

Television Studio: All uses related to the production of motion pictures and television film and tape, including motion picture and television stages; exterior sets; laboratories; construction, repair, and storage facilities; caretaker and temporary housing; all vehicles used to transport this equipment and other related commercial vehicles; and accessory fabrication activities.

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

Terminal, Truck: The premises used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point and which is designed to accommodate the simultaneous loading or unloading of five (5) or more trucks.

Theaters: An outdoor or indoor area, building, part of a building, structure, or defined area utilized primarily for rehearsal or research and development related to the presentation of film, television, music video, multimedia, or other related activities that in the opinion of the City of Gainesville are similar. Such areas may or may not be open to the City's general public.

Tire Repair Shops: A place where the principal business is the sale or installation of new, used or retread tires and tubes.

Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

Trailer: A vehicle without motive power, designed to be towed by a passenger automobile, but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer.

Trailer Storage Facilities: Storage facilities or sites used for the parking or storage of trailers, including but not limited to boat trailers and utility trailers. The parking and storage may be covered or uncovered.

U

>

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

Utilities, Communications: Facilities that provide for the transmission, transfer, and distribution of telephone service and related activities that are not a minor or major utility facility. Facilities include, but shall not be limited to, communications exchanges, mini-huts, maxi-huts, and other similar facilities.

V

>

Variance: A variance granted to allow a use not permitted by the zoning ordinance. Use variances are prohibited by state statute.

Veterinary Services: An establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence.

W

>

Wholesale Distributors/Distribution Center: The display, storage, and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment, including truck terminal or bus servicing facilities, motor freight transportation, moving and storage facilities, warehousing and storage activities.

Wind Turbine: A machine with turbine apparatus (rotor blades, nacelle and/or tower) capable of producing electricity by converting the kinetic energy of wind into rotational, mechanical and electrical energy; provided, the term does not include electrical distribution lines, or electrical substations.

X

>

Reserved.

Y

>

Yard, Front or Street: Open space extending across the full width of a lot between the front lot line or the proposed front street line and nearest line of the building or any enclosed portion thereof. The depth of such yard is the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof. For a corner lot in a residential zone defined by two (2) street lines connected by a third line having a length of less than fifty (50) feet (commonly known as a "truncation"), the front yard must be measured from the front lot line, not from the truncation line.

Yard, Interior: An open-space area between the interior side lot line and the required interior side building setback line, extending between the front building setback line and the rear building setback line.

Z

>

Zoning District Map: The map adopted as an ordinance by the municipality that delineates the extent of each district or zone established in the zoning ordinance.

(Ord. No. 1219-12-2008, 12-16-08; Ord. No. 1249-06-2010, § 13, 6-15-10; Ord. No. 1336-03-2014, § 3, 3-4-14; Ord. No. 1360-02-2015, § 3, 2-3-15; Ord. No. 1369-08-2015, § 3, 8-4-15; Ord. No. 1375-10-2015, § 5, 10-20-15; Ord. No. 1414-07-2017, § 5, 7-18-2017; Ord. No. 1429-03-2018, § 8, 3-20-18; Ord. No. 1453-03-2019, § 1, 3-19-19; Ord. No. 1562-04-2024, § 3, 4-16-24)