For the purpose of this ordinance, certain numbers, abbreviations, terms and words used herein shall be used, interpreted, and defined as set forth in this Section. "Used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

1.

Abutting. Having lot lines or district boundaries in common.

2.

Access. A way or means of approach to provide physical entrance and exit to a property.

3.

Accessory Building or Use. An "accessory building or use" is one which:

a.

Is subordinate to and serves a principal building or building use; and

b.

Is subordinate in area, extent, or purpose to the principal building or principal use served; and

c.

Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and

d.

Is located on the same building lot as the principal use served.

4.

Accessory Dwelling. A self-contained dwelling unit created either by converting part of or adding on to an existing single-family structure, whether attached or detached, or by building a separate apartment onto or along with a home on a single-family lot. The use of the accessory dwelling is incidental to the main residence. Both the principal dwelling and the accessory dwelling must contain cooking, eating, sleeping, and sanitary facilities. The accessory dwelling must have a separate outside entrance.

5.

Administrative and Business Offices. Offices or private firms or organizations which are primarily used for the provisions of executive, management, or administrative services. Typical uses include administrative offices; services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction; and business offices of public utilities, organization and associations; or other use classifications when the service rendered is that customarily associated with administrative office services.

6.

Administrative Services. Offices, administrative, clerical, or public contract services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, and city offices.

7.

Agricultural Sales and Services. Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods; or in the provisions or agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include hay, feed and grain stores and tree service firms.

8.

Alley. A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

9.

Alteration. Any construction or physical change in the internal arrangements of rooms or the supporting members of a building or structure, or change in relative position of buildings or structures on a site, or substantial change in appearance of any building or structure.

10.

Apartment. A dwelling unit contained within a building or any portion thereof, which contains three or more dwelling units, located in the same building lot. An apartment building is a multifamily dwelling.

11.

Arts and Crafts. Goods which are custom produced in small quantities, often one of a kind. The use may include the sale or production of same or may be a place where a small number of persons are engaged in arts and crafts activities in a class or studio; provided that the area encompassing arts and crafts use shall not exceed 2,500 square feet. Examples include galleries, arts and crafts studios, custom tailoring and dressmaking shops, retail art supplies and hobby materials, florist shops, photographic studios, picture framing shops and arts and crafts schools.

12.

Attached. Having one or more walls in common with a principal building, or joined to a principal building by a covered porch, loggia, or passageway, the roof of which is a part or extension of the principal building.

13.

Automotive Rentals. Rental of automobiles, non-commercial trucks, trailers and recreational vehicles, including incidental parking and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies, trailer rental agencies, and taxicab parking and dispatching.

14.

Automotive Repair Services. Repair of automobiles non-commercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities (but specifically excluding dismantling or salvaging of vehicles).

15.

Automotive Sales. Sale or rental of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships; motorcycle dealerships; and boat, trailer, and recreational vehicle dealerships.

16.

Automotive Washing. Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.

17.

Aviation Facilities. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

18.

Base District. A district established by this ordinance to prescribe basic regulations governing land use and site development.

19.

Basic Industry. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Poultry processing shall be included.

20.

Bed and Breakfast. A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and in which sleeping accommodations in not more than five (5) rooms are provided or offered for transient guests for compensation.

21.

Block. An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street.

22.

Board. Zoning Board of Adjustment as provided for in Section XII.

23.

Build. The word "build" means to erect, convert, enlarge, reconstruct, or alter a building or structure.

24.

Building. Any structure having a roof supported by columns or walls built for the support, shelter, and enclosure of persons and/or 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.

25.

Building Maintenance Services. Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

26.

Building Official. The chief building official or administrative official charged with the responsibility of issuing permits and enforcing the building ordinances.

27.

Building Site. A single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a "building site" may be subsequently subdivided into two or more "building sites," and a number of "building sites" may be cumulated into one "building site," subject to the provisions of this chapter and the Subdivision Ordinance.

28.

Business or Trade School. A use providing education or training in business, commerce, real estate, language or other similar activity or occupational pursuit, not otherwise defined as a home occupation, college or university, or public or private educational facility.

29.

Business Support Services. Establishments or places of business primarily engaged in the sale, rental, or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms.

30.

Campground. Campground facilities providing camping and/or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.

31.

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

32.

Certificate of Occupancy. An official certificate issued by the city through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

33.

Church or Rectory. A place of worship and religious training of recognized religions including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel. Church or rectory shall also include church-operated preschools if the church is situated on a legally conforming lot under applicable subdivision or zoning controls. Church-operated day care facilities and preschools shall require a Specific Use Permit exclusive of any Specific Use Permit required of the church or rectory use.

34.

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

35.

City Council. The duly elected governing body of the City of Hamilton.

36.

Club or Lodge. A use providing meeting, recreational, or social facilities for a private or non-profit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations.

37.

Cocktail Lounge. Establishments or places of business engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than restaurant as that term is defined herein.

38.

College or University Facilities. Educational institutions of higher learning which offer a course of study designed to culminate in the issuance of a degree as defined by the Education Code of the State of Texas.

39.

Common Area. An area held, designed and designated for the common use of the owners or occupants of a townhouse project, planned development project, apartment, condominium, manufactured home park or subdivision.

40.

Communications Services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excluding those classified as Major Utility Facilities. Typical uses include television studios, telecommunications service centers, telegraphic service offices, film recording, sound recording or cable television operations.

41.

Community Recreation. A recreational facility for use by residents and guests of a particular residential development, planned unit development, church, private primary educational facility, private secondary educational facility, club or lodge or limited residential neighborhood, including both indoor and outdoor facilities.

42.

Comprehensive Plan. The text and maps, with any amendments or supplements thereto, which have been adopted in principle by the City Council to guide future development of the City of Hamilton, and its surrounding areas.

43.

Condominium Residential. The use of a site for four or more dwelling units intended for separate ownership, together with common area serving all dwelling units.

44.

Construction Sales and Services. Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but excluding retail sale of paint, fixtures, and hardware, and those classified as one of the Automotive and Equipment Service use types. Typical uses include building materials stores; tool and equipment rental or sales; building, plumbing, electrical or mechanical contractors.

45.

Consumer Convenience Services. Establishments which provide services, primarily to individuals, of a convenient and limited nature, often in access-controlled facilities which make twenty-four (24) hour operation possible. Typical uses include the renting of private postal and safety deposit boxes to individuals and automated banking machines.

46.

Consumer Repair Services. Establishments primarily engaged in the provisions of repair services to individuals and households rather than firms, but excluding Automotive and Equipment Service use types. Typical uses include appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

47.

Convalescent Services. A use providing bed care and in-patient services for persons requiring regular medical attention, such as nursing homes, but excluding facilities providing surgical or emergency medical services, facilities providing care for alcoholism, drug addiction, mental disease or communicable disease.

48.

Convenience Storage. Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding uses such as workshops, hobby shops, manufacturing or commercial activity. Typical uses include mini-warehousing and mini-storage units.

49.

Convenience Store/Self Service Gasoline. An establishment engaged in the sale of food, beer, wine, household products, and self-service gasoline retail sales limited to three (3) multiple dispensers or pump units within one (1) service island, with one (1) canopy cover.

50.

Country Club. An area of 25 acres or more containing a golf course and clubhouse which is available to a specific recorded membership. Such a club may include as adjunct facilities, a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.

51.

Cultural Services. A library, museum or similar registered non-profit organizational use displaying, preserving and/or exhibiting objects of community and cultural interest.

52.

Custom Manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops, or custom jewelry manufacturing.

53.

Day Care Services. A facility designed or adapted for the care of children or adults that require a license for group day care homes from the Texas Department of Protective and Regulatory Services. This term includes nursery schools, pre-schools, day care centers for children or adults and similar uses, but excluding public and private primary and secondary educational facilities.

54.

Density. The average number of housing units per unit of land expressed as square feet of land area per housing unit or dwelling units per acre.

55.

Detached. Fully separated from any other building or joined to another building by structural members not constituting an enclosed or covered space.

56.

Detention Facilities. A publicly operated use providing housing and care for individuals legally confined.

57.

Drive-In Service. A feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in windows and drive through services such as mechanical automobile washing.

58.

Drive Through Facilities. Facilities provided by an establishment or place of business for the purpose of allowing a customer or patron to transact business, whether it be pick-up, drop-off, ordering or service, from a motor vehicle.

59.

Driveway. A permanently surfaced (asphalt, gravel, "grass-crete" or similar surface) area providing vehicular access between a street and an off-street parking or loading area.

60.

Duplex Residential. The use of a site for two dwelling units, within a single building, other than a manufactured home.

61.

Dwelling Unit. A residential unit other than a manufactured home providing a complete, independent living facility for one family, including permanent provisions for living, sleeping, eating and cooking.

62.

Easement. A privilege of one or more property rights by the property owner to and for the use of the public, a corporation, or other persons, for a designated part of his property and for a specified purpose.

63.

Enclosed. A roof or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than 100 square feet fully surrounded by a building or walls exceeding 8-feet in height.

64.

Equipment Repair Services. Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, trucking yard terminals, tractor and farm implement repair services, and machine shops (but specifically excluding dismantling or salvaging of vehicles).

65.

Equipment Sales. Sale or rental of trucks, tractors, construction equipment, agricultural implements, manufactured homes, and similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships, construction equipment dealerships, manufactured home dealerships and sales (but specifically excluding dismantling or salvage of vehicles).

66.

Exterminating Services. Services related to the eradication and control of rodents, insects, and other pests, with incidental storage on lots other than where the service is rendered.

67.

Facilities and Service Lines. Electric, water, drainage facilities, sewer, gas, telephone, cable, and electric lines, meters, and anchor equipment required to provide utility service.

68.

Family. Any number of individuals living together as a single housekeeping unit in which not more than two (2) individuals are unrelated by blood, legal adoption or marriage.

69.

Farm, Orchard or Truck Garden. An area of three 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 accessory uses 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 agriculture or husbandry specifically prohibited by ordinance or law.

70.

Financial Services. Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, loan and lending activities and similar services.

71.

Food Sales. Establishments or places of business primarily engaged in the retail sale of food (with incidental sale of beer and wine) for home consumption or household products. Typical uses include groceries, delicatessens, meat markets, retail bakeries, candy shops, and ice cream parlors. Restaurants are specifically excluded from this definition.

72.

Funeral Services. Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

73.

General Retail Sales. Sale or rental of commonly used goods and merchandise for personal or household use. Typical uses include department stores, apparel stores, furniture stores and establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, optical goods, cosmetics and specialty items; flowers, plants, hobby materials, boys and hand-crafted items; apparel, jewelry, fabrics, and like items; cameras and photography services; household electronic equipment; sporting equipment; kitchen utensils; home furnishing and appliances; art supplies, framing, arts and antiques; paint and wallpaper; carpeting and floor covering; interior decorating services; office supplies; bicycles and auto parts (inside a building with no repair services).

74.

Grade. The lowest horizontal elevation of the finished surface of the ground, paving or sidewalk or a point where height is to be measured.

75.

Gross Floor Area. The total enclosed area of all floors in a building, measured to the surface of the exterior walls, that has a clear height of more than six (6) feet. Parking facilities for the principal use and driveways, elevator shafts and air space above the atria ground floor are excluded from gross floor area calculations. Enclosed loading berths and off-street maneuvering are also excluded, but not the dock area itself.

76.

Group Residential. The use of a site for residential occupancy or living accommodations by groups of more than six (6) persons not defined as a family, on a weekly or longer basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, residence halls or boarding houses or assisted living facilities.

77.

Guidance Services. A use providing counseling, guidance, recuperative or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addition or similar condition, on a day time care basis.

78.

Height. The vertical distance from "grade" to the highest point of coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable on a pitched, or hipped roof, or if none of the preceding, then to the highest point of a structure. As applied to a building, the height shall be measured from an elevation derived from the average of the highest and lowest grade adjacent to the building.

79.

Height Risk or Hazardous Industrial Use. Any industrial use whose operation, in the opinion of the Fire Chief, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of.

80.

Home Occupation. An accessory occupational use conducted entirely within a dwelling unit by the inhabitants thereof, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site. A home occupation does not include a business that: (a) utilizes an advertisement, sign or display on the premises; (b) employs persons other than the occupants of the residence; (c) utilizes other than the ordinary household equipment; (d) operates during the hours other than 8:00 a.m. to 6:00 p.m. for outdoor activities, and 8:00 a.m. to 10:00 p.m. for indoor activities; (e) involves more than six (6) patrons on the premises at one time; (f) conducts outdoor activities, unless the activities are screened from neighboring property; (g) has exterior storage of material, equipment and/or supplies used in conjunction with such occupation; (h) has offensive noises, vibrations, smoke, dust, odors, heat or glare beyond the property lines; and (i) parking required is not more than four (4) spaces, two (2) of which are on site. Examples of a home occupation are the teaching of music, swimming, and operations carried on as telecommuting.

81.

Horticulture. The growing of horticulture and floriculture specialties such as flowers, shrubs, or trees intended for ornamental or landscaping purposes, but excluding retail sales. Typical uses include wholesale plant nurseries and greenhouses.

82.

Hospital Services (General). A facility providing medical, psychiatric or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees or visitors.

83.

Hospital Services (Limited). A facility providing medical, psychiatric, or surgical services for sick or injured persons, exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration and services to outpatients, employees or visitors.

84.

Hotel-Motel. Lodging services involving the provision of room and/or board. Typical uses include hotels, motels, and inns.

85.

Indoor Entertainment. Predominately spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.

86.

Indoor Sports and Recreation. Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games and indoor racquetball courts or swimming pools.

87.

Internal Street. A private way which affords the principal means of access to individual manufactured home spaces or auxiliary buildings in a manufactured home park, a private right-of-way or other non-public street within a Planned Development (PD) or other similar development.

88.

Kennels. Boarding and care services for dogs, cats, and similar animals. Typical uses include boarding kennels, pet motels, or dog training centers.

89.

Laundry Services. Establishments primarily engaged in the provision of laundering, dry cleaning, or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

90.

Light Manufacturing. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, including incidental storage, sales and distribution of such products, but excluding basic industrial processing. Typical uses include winery, sheet metal shop, welding shop, and machine shop.

91.

Liquor Sales. Establishments or places of business engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sale of liquor, beer, or wine for off-site consumption.

92.

Local Street. A street which is intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.

93.

Loading Space. An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.

94.

Local Utility Services. Services which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development.

95.

Lot. A parcel of real property with a separate and distinct number or other designation shown on a plat, record of survey, parcel map or subdivision map recorded in the office of the County Clerk, or a parcel legally created or established pursuant to applicable zoning or subdivision regulations in effect prior to the effective date of application of this ordinance to such parcel.

a.

Corner Lot. A lot located at the intersection or junction of two streets, or two segments of a curved street, forming an angle of not more than one hundred thirty-five (135) degrees.

b.

Interior Lot. A lot other than a corner lot.

c.

Reverse Corner Lot. A corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear.

d.

Through Lot. A lot other than a corner lot abutting more than one street.

96.

Lot Area. The net horizontal area within bounding lot lines, but excluding any portion of a flat (panhandle) lot providing access to a street and any public or private easement or right-of-way providing access to another lot.

97.

Lot Coverage or Building Coverage. The area of lot covered by buildings or roofed areas, but excluding incidental projecting eaves, balconies and similar features, ground level paving, landscaping, and open recreational facilities.

98.

Lot Depth. The horizontal distance between the mid-point of the front lot line and the mid-point of the rear lot line.

99.

Lot Line. A line or series of connected line segments bounding a lot as herein defined.

a.

Front Lot Line. On an interior lot, the lot line abutting the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by subdivision or parcel map. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flat (panhandle) lot, the interior lot line designated as a front lot line by a subdivision or parcel map, or the line determined by the Building Official to be the front lot line.

b.

Interior Lot Line. A lot line not abutting a street.

c.

Rear Lot Line. A lot line not defined as a front or side lot line. In the case of an irregular shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten (10) feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks and other provisions of this ordinance.

d.

Side Lot Line. A lot line intersecting the front lot line and extending there from a minimum distance of seventy-five (75) feet.

e.

Street or Exterior Lot Line. A lot line abutting the street.

100.

Lot Width. The horizontal distance between side lot lines, measured at the front setback line and at a distance of fifty (50) feet to the rear thereof.

101.

Major Utility Facilities. Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants and similar facilities.

102.

Maintenance and Service Facilities. A facility supporting maintenance, repair, vehicular or equipment servicing, material storage and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities.

103.

Manufactured Home Park. A unified development of twenty or more HUD-Code manufactured home spaces for rent or lease, including common areas and facilities for management, recreation, laundry and utility services, storage and similar services for the convenience of residents of the manufactured home park.

104.

Manufactured Home Residential. A dwelling that is manufactured in one or more modules at a location other than the homesite and which is designed as a residence when the modules are transported to the homesite, and the modules are joined together and installed on a permanent foundation system or tied down in accordance with appropriate Code requirements. Manufactured residence construction shall be in accordance with the Texas Manufactured Housing Standards Act and shall include the plumbing, heating/air conditioning, and electrical systems to be contained in the structure. The term manufactured home or residence shall not mean or apply to a mobile home as defined in the Texas Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a primary component.

105.

Manufactured Home Space. An area within a manufactured home park which is designed for and designated as the location for a manufactured home and the exclusive use of its occupants.

106.

Manufactured Home Subdivision. A subdivision designed and/or intended for the sale of lots for siting manufactured homes and in accordance with the requirements of the subdivision ordinance.

107.

Medical Offices. A use providing consultation, diagnosis, therapeutic, preventive or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of Texas.

108.

Multiple Family Residential. The use of a site for three or more dwelling units, within one or more buildings.

109.

Nonconforming Structure or Building. A structure or building, the size, dimension, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance but fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

110.

Nonconforming Use. A lawful use of any land, building, or structure, other than a sign or PD, which does not conform to currently applicable use regulations, but which complies with use regulations in effect at the time the use was established.

111.

Outdoor Entertainment. Predominately spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, racing facilities and amusement parks.

112.

Outdoor Sports and Recreation. Uses conducted in open, partially enclosed, or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.

113.

Park and Recreation Services. Publicly owned and operated parks, playgrounds, recreation facilities, and open spaces.

114.

Parking Facility. An area on a lot, within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this ordinance. The term "parking facility" shall include parking lots, parking garages and parking structures.

115.

Parking Space. An area on a lot, site or within a building not on a public street or alley and having an all-weather surface, enclosed or not, together with an all-weather surface driveway which may be an easement connecting the parking space with a street or alley permitting free ingress and egress, used or intended to be used for parking of a motor vehicle. The term "parking space" is equivalent to the term "parking stall" and does not include driveways, aisles, or other features comprising a parking facility. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use.

116.

Pawn Shop Services. A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

117.

Personal Improvement Services. Establishments, or places of business, primarily engaged in providing informational, instructional, personal improvement and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handcraft and hobby instructions.

118.

Personal Services. Establishments or places of business primarily engaged in providing frequently or recurrently needed services of a personal nature. Typical uses include beauty salons, barbershops, seamstresses, tailors, shoe repair shops, dry cleaning pick-up station services, and coin-operated laundries.

119.

Pet Services. Retail sales, veterinary services, grooming and boarding when totally within a building, of dogs, cats, birds, fish and similar small animals customarily used as household pets. Typical uses include pet stores, small clinics, dog bathing and clipping salons and pet grooming shop but excluding uses for livestock and large animals.

120.

Planned Development (PD). A Planned Development is a development which is under unified control and is planned, and developed, as a whole in a single development operation of programmed series or phases of development, each phase of which is specifically integrated into and made a part of the overall plan of development, and which shall include streets, lots, adequate utilities to serve the proposed uses and densities, and which indicates all structures and their relationship to each other and to adjacent uses and improvements, and which provides for common taxation, maintenance, and operation thereof. A Planned Development shall consist of dwelling units, and may also include non-residential uses compatibly and harmoniously incorporated into the unitary design for the Planned Development. A Planned Development where more than five (5) percent of the total area is utilized for non-residential purposes, such as commercial or industrial uses, is a non-residential PD.

121.

Planning and Zoning Commission. The Planning and Zoning Commission created and appointed by the City Council.

122.

Postal Facilities. Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service.

123.

Private Primary Educational Facilities. A private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas.

124.

Private Secondary Educational Facilities. A private or parochial school offering instruction beyond the elementary level through the twelfth grade in the branches of learning and study required to be taught in the public schools of the State of Texas.

125.

Professional Office. A use providing professional or consulting services in the fields of law, architecture, design engineering, accounting and similar professions.

126.

Public Primary Educational Facilities. A public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas.

127.

Public Secondary Educational Facilities. A public school offering instruction beyond the elementary school through the twelfth grade level in the branches of learning and study required to be taught in the public schools of the State of Texas.

128.

Queue Line. An area for temporary parking and lining of motor vehicles while awaiting service or other activity.

129.

Recreational Vehicle. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers.

130.

Registered Family Home. The care of children in the home as defined by the Texas Department of Protective and Regulatory Services.

131.

Religious Assembly. A use located in a permanent or temporary building and providing regular organized religious worship and religious education incidental thereto, but excluding private primary or private secondary educational facilities, community recreational facilities and parking facilities. A property tax exemption obtained pursuant to Property Tax Code of the State of Texas shall constitute prima facie evidence of religious assembly use.

132.

Research Services. Establishments primarily engaged in research of an industrial or scientific nature but excluding product testing. Typical uses include electronics research laboratories, space research and development firms, and pharmaceutical research.

133.

Residence. A building occupied as the abiding place of one or more persons in which the use and management of sleeping quarters, and all appliances for cooling, ventilating, heating, or lighting are under one control, including but not limited to one-family and two-family dwellings, duplexes, townhouses, condominiums, apartment houses and boarding houses, and which shall be the principal building or use on any lot in RS-1, RS-2, or RG residence districts.

134.

Residential Convenience Service. A use or activity of a commercial nature conducted as an accessory use to multiple family residential or manufactured home park residential use, and intended solely for the convenience of residents thereof.

135.

Resource Extraction. A use involving the on-site extraction of surface or subsurface mineral products or natural resources. Typical uses include quarries, borrow pits, sand and gravel operations, oil and gas extraction and mining operations.

136.

Restaurant.

a.

General. A use engaged in the preparation and retail sale of food and beverages, including sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than fifty percent (50%) of the gross income. A general restaurant may include live entertainment with amplified sound. Typical uses include restaurants, coffee shops, dinner houses, and similar establishments with or without incidental alcoholic beverage service.

b.

Drive-In/Fast Food. A chain and/or franchise restaurant which may include, but not limited to, two or more of the following characteristics:

1)

The product is primarily intended for immediate consumption and is available upon short waiting time.

2)

The product is prepared, packaged, or presented in a manner that can be readily eaten outside the premises where it is sold.

3)

The facilities for on-premises consumption of food are insufficient for the volume of food sold.

4)

The building floor area devoted to food preparation and serving is greater than the building floor area devoted to dining.

5)

The restaurant is affiliated by agreement with two (2) or more similar restaurants by common ownership, common process, and common building architecture.

137.

Safety Services. Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

138.

Scrap and Salvage Services. Places of business primarily engaged in the storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards, junkyards or salvage yards.

139.

Screened. Shielded, concealed and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature which is, or will grow to, at least six (6) feet in height.

140.

Service Building. A structure within a manufactured home park housing toilet, lavatory, or other facilities.

141.

Service Station. Provision of fuel, lubricants, parts and accessories and incidental services to motor vehicles.

142.

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

143.

Shall. The word "shall" wherever used in this ordinance will be interpreted in its mandatory sense.

144.

Shopping Center or Mall. An integrated grouping of commercial activity, primarily of a retail and personal service nature, in a building complex having the individual establishments joined by a common pedestrian mall or walkway.

145.

Sidewalk. A paved surface area, usually a parallel line, and separated from the roadway, used as a pedestrian-way.

146.

Sign. Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for location and advertising purposes.

147.

Single-Family Residential. The use of a site for only one dwelling unit, other than a manufactured home.

a.

Single-Family Residential (Attached). A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation. Included under this use category is townhouse and condominium.

b.

Single-Family Residential (Detached). A single-family dwelling unit constructed for occupancy and occupied by not more than one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract.

148.

Site. A tract or parcel of land, subdivided lot or lots, or parts thereof, or land acreage intended and suitable for development, which is a genuine part of the development; or the ground or area on which a building or buildings or a townhouse has been proposed to be built or has been built.

149.

Site Area. The calculated area within the site.

150.

Site Plan. A plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features including parking, access, landscaping and screening, proposed for a specific lot or parcel of land.

151.

Stables. Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises or their non-paying guests. Typical uses include boarding stables or public stables.

152.

Standard Lot. A lot or tract of record by deed or plat that does not comply with a minimum area, width or depth requirements currently applicable to the district in which it is located, but which complied with applicable requirements when it was placed on record.

153.

Stockyards. Stockyard services involving the temporary keeping of livestock for slaughter, market, and shipping. Typical uses include stockyards and animal sales in auction yards.

154.

Street. A way for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.

155.

Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

156.

Structural Alteration. Any change in the supporting members of a building such as bearing walls, columns, girders or beams over eight-feet long.

157.

Townhouse Residential. The use of a site for two or more townhouse dwelling units, constructed with common or abutting walls and each located on a separate ground parcel within the total development site, together with common area serving all dwelling units.

158.

Transportation Terminal. A facility for loading, unloading, and interchange of passengers, baggage and incidental freight or package express between modes of transportation, including bus terminals, railroad stations, airport terminals and public transit facilities.

159.

Travel Trailer. Any structure or vehicle used as sleeping or living quarters which may be driven or propelled from one location to another without change in the structure, vehicle, or design thereof, whether or not the same is intended to include recreational and vacation vehicles and trailers and not used for year-round living, such as travel trailers, pickup coaches mounted on a truck chassis, motor homes, or camping trailers.

160.

Use. The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

a.

Accessory Use. See Accessory Building or Use defined above.

b.

Principal Use. A use listed by the regulations for any particular district as a permitted use within that zone and permitted, therein, as a matter of right when conducted in accordance with the regulations established by this ordinance.

161.

Value and Valuation. The value of a structure shall be the estimated cost to replace the structure in kind, based on current replacement costs.

162.

Vehicle Storage. Long-term storage of operating or non-operating vehicles. Typical uses include storage of private parking tow-aways or impound yard (but specifically excluding dismantling or salvaging of vehicles).

163.

Veterinary Services. Veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals, and veterinary hospitals for livestock and large animals.

164.

Warehousing and distribution. Establishments or places of business primarily engaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution use types:

a.

General Warehousing and Distribution. Open-air storage, distribution, and handling of materials and equipment. Typical uses include monument and stone yards, grain elevators, open storage yards and petroleum products storage and distribution.

b.

Limited Warehousing and Distribution. Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms.

165.

Yard. A required open space on a lot adjoining a lot line, containing landscaping, parking and such uses as may be permitted by this ordinance.

a.

Front Yard. A required yard extending the full width of a lot between the front lot line and the front setback line.

b.

Interior Yard. Any required yard, not adjacent to a street, which is determined on the basis of an interior lot line.

c.

Rear Yard. A required yard extending the full width of a lot between the rear lot line and the rear setback line, but excluding an area located within the street side yard of a corner lot.

d.

Side Yard. A required yard extending the depth of a lot from the front yard to the rear yard between the side lot line and the side setback line. In the case of a corner lot, the street side yard shall extend from the front yard to the rear lot line.

e.

Street Yard. A required yard adjacent to a street and which is determined on the basis of the yard lot line and front yard set back line.

166.

Zoning Administrator. The individual designated by the City Council to administer the provisions of this ordinance.