1. 15.101
   Meanings and Intent

   Words and terms expressly defined in this Development Code, including those defined in Sec. 15.200, have the specific meanings assigned unless the context indicates another meaning. Words that are not expressly defined in this Development Code have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary.

2. 15.102
   Computation of Time

   1. 15.102.A
      References to “days” are to calendar days unless otherwise expressly stated. References to “business days” are references to regular city government working days, excluding Saturdays, Sundays and holidays observed by city government.
   2. 15.102.B
      The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by city government, that day is excluded.
   3. 15.102.C
      A day concludes at the close of business and any materials received after that time will be considered to have been received the following day.
3. 15.103
   Tenses and Usage

   1. 15.103.A
      Words used in the singular include the plural. The reverse is also true.
   2. 15.103.B
      Words used in the present tense include the future tense. The reverse is also true.
   3. 15.103.C
      The words “must,” “will,” “shall” and “may not” are mandatory.
   4. 15.103.D
      The word “may” is permissive, not mandatory or required.
   5. 15.103.E
      When used with numbers, “up to x,” “not more than x” and “a maximum of x,” all include “x.”
   6. 15.103.F
      The word "person" includes a firm, association, organization, partnership, limited liability company, trust company or corporation, as well as an individual.
   7. 15.103.G
      The words “used" and "occupied" include "intended, designed or arranged to be used or occupied."
4. 15.104
   Conjunctions

   Unless the context otherwise expressly indicates, conjunctions have the following meanings:

   1. 15.104.A
      “And” indicates that all connected items or provisions apply; and
   2. 15.104.B
      “Or” indicates that the connected items or provisions may apply singularly or in combination.
5. 15.105
   Headings and Illustrations

   Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this Development Code. In case of any difference of meaning or implication between the text of this Development Code and any heading, drawing, table, figure or illustration, the text governs.

6. 15.106
   Versions and Citations

   All references in this Development Code to other city, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, Development Code requirements for compliance are no longer in effect.

7. 15.107
   Lists and Examples

   Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

8. 15.108
   Delegation of Authority

   Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this Development Code expressly prohibit such delegation.

9. 15.109
   Public Officials and Agencies

   1. 1.
      Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made are those of the City of Huntsville or individuals or agencies legally authorized to act on behalf of the City of Huntsville.
   2. 2.
      References in this Development Code to the “city” are references to the City of Huntsville.
   3. 3.
      References in this Development Code to the “city council” are references to the Huntsville City Council.

Effective on: 1/1/1901

Abut or Abutting

To touch or have a common boundary.

Effective on: 1/1/1901

Accessory Building

A building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building. See also §4.201.

Effective on: 1/1/1901

Adjacent

Lying near or in the immediate vicinity.

Effective on: 1/1/1901

Agriculture

Any land or building used for pasturage, floriculture, dairying, horticulture, forestry, and livestock or poultry husbandry.

Effective on: 1/1/1901

Agriculture

Uses such as gardens, farms and orchards that involve the raising and harvesting of food and non-food crops and the raising of farm animals

Effective on: 2/22/2023

Aircraft Landing Area

Facilities where fixed-wing aircraft or helicopters take off and land, including customary accessory uses and structures.    

Effective on: 2/22/2023

Airport

The Huntsville Municipal Airport.

Effective on: 1/1/1901

Airport Elevation

The highest point of an airport's usable landing area measured in feet from mean sea level.

Effective on: 1/1/1901

Airport Hazard

Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

Effective on: 1/1/1901

Alley

A legally established private access easement affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Effective on: 1/1/1901

Alluvial Fan Flooding

Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

Effective on: 1/1/1901

All-Weather Surface (or Material)

Asphalt, concrete or other equivalent city-approved, hard-surface material that is capable of providing protection against potholes, erosion, dust and substantial deterioration. Gravel or crushed stone alone does not qualify as an all-weather surface.

Effective on: 1/1/1901

Alterations

Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders; or any change which may be referred to herein as "altered" or "reconstructed".

Effective on: 1/1/1901

Animal Service

Uses that provide goods and services for the care of animals, including grooming shops, boarding kennels, shelters, training facilities and veterinary clinics.    

Effective on: 2/22/2023

Apartment/Condo

See description in Table 4-1.

Effective on: 1/1/1901

Apex

A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Effective on: 1/1/1901

Apartment/Condo

One or more residential buildings occupied by 3 or more dwelling units that share common walls and/or common floors/ceilings.

Effective on: 2/22/2023

Applicant

A person seeking an action or approval under provisions of this ordinance.

Effective on: 1/1/1901

Approach

Transitional, horizontal and conical zones. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in FAR Part 77.

Effective on: 1/1/1901

Area of Shallow Flooding

A designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Effective on: 1/1/1901

Area of Special Flood Hazard

The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.

Effective on: 1/1/1901

As-Built Drawings (or Plans)

Plans prepared by a registered professional engineer and certifying that the public improvements are constructed as shown.

Effective on: 1/1/1901

Assembly and Entertainment

Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include gun clubs, shooting ranges, riding stables and academies, bowling centers, cinemas, go-cart tracks, miniature golf courses, stadiums, arenas, video arcades, race tracks, fairgrounds, rodeo grounds, water parks, amusement parks and live theater.    

Effective on: 2/22/2023

Base Flood

The flood having a one percent chance of being equaled or exceeded in any given year.

Effective on: 1/1/1901

Basement

Any area of the building having its floor sub-grade (below ground level) on all sides.

Effective on: 1/1/1901

Bedroom, Purpose-Built Shared Housing

A room intended for occupancy by a single occupant and meeting the requirements of the International Residential Code and International Building Code.

Effective on: 4/16/2019

Berm

A man-made, formed, earth mound of definite height and width used for obscuring purposes; the intent of which is to provide a transition between uses of differing intensity.

Effective on: 1/1/1901

Block

A tract or parcel of land designated as such on a subdivision plat surrounded by streets or other physical obstructions.

Effective on: 1/1/1901

Boundary Sewer Line

A sewer line installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street.

Effective on: 1/1/1901

Boundary Water Line

A water line, installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street.

Effective on: 1/1/1901

Buffer

A strip of land, including any specified type and amount of landscape plantings or structures that may be required to protect one type of land use from another, or minimize or eliminate conflicts between them.

Effective on: 1/1/1901

Buildable Area

That portion of a building site on which a structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on the site plan.

Effective on: 1/1/1901

Building

See definition in Building Code.

Effective on: 1/1/1901

Building Height

See “height, building.”

Effective on: 1/1/1901

Building Line

Same as minimum required front setback.

Effective on: 1/1/1901

Building or Tower-mounted Antenna

The physical device that is attached to a freestanding tower, building or other structure, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.    

Effective on: 2/22/2023

Building Service

Uses that provide maintenance and repair services for all structural and mechanical elements of structures and their surroundings. Typical uses include janitorial, landscape maintenance, extermination, plumbing, electrical, HVAC, window cleaning and similar services.    

Effective on: 2/22/2023

Business Support Service

Uses that provide personnel services, printing, copying, photographic services or communication services to businesses or consumers. Typical uses include employment agencies, day labor hiring services, armored car services, copy and print shops, caterers, telephone answering services and photo developing labs.  

Effective on: 2/22/2023

Building, Principal

A building in which is conducted the main or principal use of the lot on which said building is located.

Effective on: 1/1/1901

Caliper

The diameter measurement of the stem or trunk of nursery stock. The location of the measurement depends on the plant type. For fruit trees, small fruits, understock, and seedling trees and shrubs, caliper measurement shall be taken at the root collar or at other points expressly described in ANSI Z60.1. For all other nursery stock, caliper measurement is taken six inches above the ground level for field grown stock and from the soil line for container grown stock, which should be at or near the top of the root flare, and six inches above the root flare for bare root plants, up to and including the four-inch caliper size interval (i.e., from four inches up to, but not including, 4Yi inches). If the caliper measured at six inches is four and one-half inches or more, the caliper shall be measured at 12 inches above the ground level, soil line, or root flare, as appropriate. (See also “Diameter at Breast Height.”)

Effective on: 1/1/1901

Caliper-Existing Tree(s)

Existing tree caliper shall be determined by measuring the tree width at a point 4½ feet above ground level.

Effective on: 1/1/1901

Caliper-Replacement Tree(s)

Replacement tree caliper shall be determined by measuring the tree width at a point 4 to 6 inches above ground level. This measurement is used for measuring nursery stock and is only used for trees that are to be planted or relocated. The minimum caliper of a replacement tree is 2 inches.

Effective on: 1/1/1901

Car Wash

A facility for the washing or cleaning of vehicles. A car wash may be:

• A bay or a group of bays with each bay to accommodate one vehicle only where a person uses a high-pressure hose to wash the vehicle by hand;
• An automated conveyor or drive-through bay that allows washing a vehicle while moving through the structure. 

Effective on: 2/22/2023

Certificate of Compliance

A certificate issued by the City to a party or parties intending to initiate any work or change any use of property in the City.

Effective on: 1/1/1901

City

The City of Huntsville, Texas.

Effective on: 1/1/1901

College or University

Institutions of higher learning (beyond senior high school) that offer courses of general or specialized study and are authorized to grant academic degrees.    

Effective on: 2/22/2023

Commercial

Uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows.

Effective on: 2/22/2023

Commercial Message

Any sign, wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Effective on: 1/1/1901

Commercial Service

Uses that provide for consumer or business services and for the repair and maintenance of a wide variety of products.    

Effective on: 2/22/2023

Commercial Service Uses, All Other

Commercial service uses other than those more specifically identified above.

Effective on: 2/22/2023

Community Center

A building and its surrounding premises owned, leased or otherwise controlled by a unit of local government or a school district and that contains rooms or other facilities limited to use for purposes of meetings, gatherings or other functions or activities carried on or performed by or under the supervision of a unit of local government, a school district or a civic, educational, religious or charitable organization.    

Effective on: 2/22/2023

Community Garden

An area managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers) for personal or group consumption, for donation or for sale that is incidental in nature.

Effective on: 2/22/2023

Community Home

A community-based residential home occupied by no more than 8 disabled persons and 2 nonresident supervisory personnel and that otherwise complies with the Community Homes for Disabled Persons Location Act, Chapter 123.001, Texas Human Resources Code.

Effective on: 2/22/2023

Construction, Existing

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, “existing construction” means structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Effective on: 1/1/1901

Construction, New

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Effective on: 1/1/1901

Consumer Maintenance and Repair Service

Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, gunsmiths, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service technicians who visit customers’ homes or places of business are classified as a “building service.”    

Effective on: 2/22/2023

Correctional Facility (Private)

A facility not owned or operated by a governmental entity that provides housing and care for individuals legally confined for violations of law. 

Effective on: 2/22/2023

Critical Feature

An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Effective on: 1/1/1901

Day Care

Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.    

Effective on: 2/22/2023

Detached House

A single dwelling unit on a single lot, with private yards on all sides.

Effective on: 2/22/2023

Development

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, “development means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.

For purposes of administering and interpreting all other provisions of this Development Code, “development” means any of the following (1) Construction of any new building or structure with a total gross floor area of more than 500 square feet; or (2) expansion by more than 25% of any existing building or structure with a total gross floor area of more than 500 square feet.

(Ord. No. 2024-20, 09/03/2024)

Effective on: 9/13/2024

Developer

Any person who improves or subdivides a tract of land or improves or takes any action preparatory to the erection, improvement or movement of any building or structure on a tract of land.

Effective on: 1/1/1901

Density

The average number of dwelling units per acre for the entire development, including streets. For density regulations for Purpose-Built Shared Housing, refer to Purpose-Built Shared Housing Design Criteria. 

Effective on: 4/16/2019

Diameter at Breast Height

The outside bark diameter at breast height. Breast height is defined as 4.5 feet (1.37m) above the forest floor on the uphill side of the tree. For the purposes of determining breast height, the forest floor includes the duff layer that may be present, but does not include unincorporated woody debris that may rise above the ground line.

Effective on: 1/1/1901

Display Surface (of a Sign)

The entire surface of a sign, on one side, devoted to exhibiting or contrasting exhibits of advertising. The display surface shall generally include the entire sign surface except for the sign frame and incidental supports.

Effective on: 1/1/1901

District (Development)

An area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements and height regulations.

Effective on: 1/1/1901

Driveway

That portion of a vehicular use area that consists of a travel lane bounded on either side by an area that is not part of the vehicular use area.

Effective on: 1/1/1901

Dwell Time

The time that a single message on a dynamic display is held static or constant, without any change in the message or image displayed.

Effective on: 1/1/1901

Dwelling Unit, Apartment/Condo &  Purpose-built Shared Housing

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Effective on: 4/16/2019

Dwelling Unit, Single Family

One or more rooms with bathroom and principal kitchen facilities designed as a self-contained unit for occupancy by one family for living, cooking and sleeping purposes. See also description of residential building types in Table 4-1.

Effective on: 4/16/2019

Dynamic Display

Any element of a sign or sign structure capable of displaying words, symbols, figures, images or messages that can be electronically or mechanically changed by remote or automatic means. This also includes any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows a sign to present a series of images, messages or displays.

Effective on: 1/1/1901

Eating Establishment

Uses that prepare and serve food and beverages for on- or off-premise consumption as their principal business. Typical uses include cafés, restaurants, cafeterias, ice cream/yogurt shops, coffee shops and similar establishments.    

Effective on: 2/22/2023

Erected

The word "erected" includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, and the like, shall be considered a part of erection.

Effective on: 1/1/1901

Elevated Building

A non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.

Effective on: 1/1/1901

Excavation

Any breaking of ground, except common household gardening, general farming and ground care.

Effective on: 1/1/1901

Family

One or more persons related by blood, marriage, or adoption, or parents along with their direct lineal descendants, and adopted or foster children (including domestic employees) or a group not to exceed two persons not related by blood or marriage, occupying a premises and living as a single housekeeping unit with single cooking facilities. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family. This definition does not apply in instances of group care centers, or licensed residential facilities.

Effective on: 1/1/1901

Farming/General Agriculture

An area managed and maintained by an individual or group of individuals to grow and harvest crops or animals for sale or distribution,    

Effective on: 2/22/2023

FEMA

Federal Emergency Management Agency

Effective on: 1/1/1901

FHBM

Flood Hazard Boundary Map

Effective on: 1/1/1901

Filling

The depositing or dumping of any matter into or onto the ground except common household gardening and general maintenance.

Effective on: 1/1/1901

Financial Service

Uses engaged in the exchange, lending, borrowing and safe-keeping of money. Typical examples are banks, credit unions, and consumer lending establishments.    

Effective on: 2/22/2023

FIRM

See Flood Insurance Rate Map

Effective on: 1/1/1901

Flag Lot

A lot that has minimum frontage on a public street, but on which the buildable portion of such lot is reached via a private drive or lane whose width is some distance back from the street right-of-way. Sometime referred to as “panhandle lots.”

Effective on: 1/1/1901

Flood or Flooding

A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters or (2) the unusual and rapid accumulation or run-off of surface waters from any source.

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM)

An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Effective on: 1/1/1901

Flood Insurance Study

The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.

Effective on: 1/1/1901

Floodplain Management

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Effective on: 1/1/1901

Floodplain or Flood-Prone Area

Any land area susceptible to being inundated by water from any source (see definition of flooding).

Effective on: 1/1/1901

Floodproofing

Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Effective on: 1/1/1901

Flood Protection System

Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such as system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Effective on: 1/1/1901

Floodway (Regulatory Floodway)

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Effective on: 1/1/1901

Foot-candle

A measure of illumination, the amount of light falling onto a surface. One lumen of light, shining evenly across one square foot of surface, illuminates that surface to one foot-candle.

Effective on: 1/1/1901

Fraternal Organization

The use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.    

Effective on: 2/22/2023

Freestanding Tower

A structure intended to support equipment that is used to transmit and/or receive telecommunications signals including monopoles and guyed and lattice construction steel structures.   

Effective on: 2/22/2023

Frontage

The dimension of a property line or portion of a property line that abuts a street; side yards of corner lots are excluded. If the subject property does not abut a street, frontage is measured along the property line that is closest to and most nearly parallel to a street.

Effective on: 1/1/1901

Fuel Sales

A place where vehicular fuel, stored only in underground tanks, is offered for sale to the public or where charging stations are made available for the charging of vehicles.

Effective on: 2/22/2023

Functionally Dependent Use

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Effective on: 1/1/1901

Funeral or Mortuary Service

Uses that provide services related to the death of a human, including funeral homes, mortuaries, crematoriums and similar uses. Also includes crematoriums for pets and domestic animals.    

Effective on: 2/22/2023

Governmental Facility

Uses (not otherwise classified) that are related to the administration of local, state or federal government services or functions.    

Effective on: 2/22/2023

Grade

Grade shall be determined by the level of the ground adjacent to the walls of any structure if the finished grade is level on all sides of the building or structure. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the structure.

Effective on: 1/1/1901

Groundcover

A spreading plant, including sods and grasses less than 18 inches in height, used for landscape design and erosion control.

Effective on: 1/1/1901

Group Living

Residential occupancy of a building or any portion of a building by a group other than a household. Group living uses typically provide communal kitchen/dining facilities.

Effective on: 2/22/2023

Habitable Floor

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means any floor usable for the following purposes; which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor."

Effective on: 1/1/1901

Half-Street

A vehicular access-way created if only a portion of the required right-of-way width or pavement width is dedicated and/or constructed.

Effective on: 1/1/1901

Height, Building

The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on a sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Effective on: 1/1/1901

Height, Sign

See §8.1102.

Effective on: 1/1/1901

Highest Adjacent Grade

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Effective on: 1/1/1901

Historic Structure (See also Sec. 3.400)

For the purpose of interpreting and administering the flood protection regulations of 8.1103.B, this term means any structure that is:

1. 1)
   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 2)
   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 3)
   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. 4)
   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

   1. a.
      by an approved state program as determined by the Secretary of the Interior or;
   2. b.
      directly by the Secretary of the Interior in states without approved programs.

Effective on: 1/1/1901

Home Occupation

Accessory use of a dwelling unit for limited commercial (home-based work) purposes. Home occupations are subject to the regulations of Sec. 4.202.

Effective on: 1/1/1901

Hospital

Uses providing medical or surgical care to patients and offering inpatient (overnight) care.   

Effective on: 2/22/2023

Household Living

Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging.

Effective on: 2/22/2023

Improvement

Any physical structure or system, including building, drainage work, water system, sewer system, sidewalks, streets, or utility system.

Effective on: 1/1/1901

Industrial

Uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced.

Effective on: 2/22/2023

Industrial, Heavy

Uses engaged in the manufacturing, assembly or processing of chemicals, animal products and metals; the activities of which are likely to have characteristics that discourage adjacency to residential uses. Factory production and industrial yards are located here. Sales to the general public are rare.

Uses in this use category include the manufacture, assembly or processing of: acid, acetylene gas, aircraft, alcoholic beverages (wholesale), ammonia, asbestos and asbestos products, asphalt, automobiles or trucks, batteries, bones, boxes or crates or pallets, brick or tile or terra cotta, building materials, celluloid, cement, chalk, charcoal, chemicals, chlorine, coffins, corrugated metal, cotton oil, creosote, disinfectant, dyes or inks, fat, fertilizer, fireworks, gas, gelatin, glass, glue, graphite, grease, gunpowder, gypsum, hemp, insecticide, lacquer, lard, lime, linoleum, machinery, manufactured or mobile homes, metal, motors or engines, paint, paraffin, petroleum, plaster of Paris, plastic, poison, porcelain, recreational vehicles, railroad vehicles and equipment, rubber, salt, shellac, tallow, tar, tires, trailers, turpentine, varnish, vinegar, wax, or yeast.

Additional uses include: Arsenal; Boiler works; Bulk storage of explosive or hazardous materials; Concrete batching and asphalt processing and manufacture; Fertilizer storage; Grain elevator; Grain and feed manufacturing building; Incinerator for reduction of garbage, dead animals, offal, refuse or automobile bodies (non-governmental); Railroad yard or repair shop; Sawmill; Smelter; Slaughtering, packaging or processing of animals; Wrecking, junk or salvage yard.

Effective on: 2/22/2023

Industrial, Light

Uses engaged in the manufacturing, assembly or processing of industrial, business or consumer goods; usually from basic finished inputs such as metal, stone, glass, plastic, or rubber. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

Uses in this use category include manufacture or assembly of: appliances, artificial limbs, awnings, beds, blinds, boats, books, brooms, buses, carpet, clothing or textiles or canvas, cosmetics, equipment, electrical items, felt, hardware, ice, jewelry, medical, optical or dental instruments or supplies, mirrors, medical instruments, musical instruments, perfume, pharmaceuticals, shoes, shutters or shades, signs, and toys.

Additional uses include: Bakery, wholesale; Bottling or canning; Brewery; Building and development contractors; Bulk mailing service; Clothing or textile manufacturing; Creamery; Crematorium; Engraver; Exterminator service; Food processing; Janitorial and building maintenance service; Maintenance and repair shop; Laundry, dry-cleaning, and carpet cleaning plants; Metal plating; Metal shop; Printing, publishing, and lithography; Repair of scientific or professional instruments or electric motors; Research and development laboratory; Smoking or processing of meat products (wholesale); Stone cutting; Welding, tool repair or machine shop; Woodworking, including cabinet makers and furniture manufacturing.

Effective on: 2/22/2023

Landscape Development

Trees, shrubs, ground cover, vines or grass installed in planting areas, having a minimum of 10 square feet of actual plantable area and a minimum inside dimension on any side of at least 18 inches.

Effective on: 1/1/1901

Lawfully Established

A use, structure, lot or sign (as the context indicates) that was established in conformance with all applicable development regulations in effect at the time of its establishment.

Effective on: 1/1/1901

Lease

A contract by which one owning such property grants to another the right to possess, use and enjoy it for a specified period of time in exchange for the periodic payment of a stipulated price.

Effective on: 1/1/1901

Levee

A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Effective on: 1/1/1901

Levee System

A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Effective on: 1/1/1901

Library

Collections of books, manuscripts and similar materials for free public lending, study and reading.  

Effective on: 2/22/2023

Lodging

Uses that provide temporary overnight guest accommodations.    

Effective on: 2/22/2023

Lot

An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvement.

Effective on: 1/1/1901

Lot Depth

The distance on a horizontal plane between the midpoint of the front lot line and the midpoint of the rear lot line.

Effective on: 1/1/1901

Lot Lines

The lines bounding a lot.

Effective on: 1/1/1901

Lot Line, Front:

In the case of an interior lot, a line separating the lot from the street; as in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the deed restrictions specifies another line as the front lot line; provided, however, that the front lot line of a non-residential lot shall be that side adjacent to the highest volume street.

Effective on: 1/1/1901

Lot Line, Rear

A lot line opposite and most distant from the front lot line.

Effective on: 1/1/1901

Lot Line, Side

Any lot line not a front line or rear lot line.

Effective on: 1/1/1901

Lot of Record

A lot that is either:

1. 1)
   part of a platted subdivision, the plat of which is recorded in the office of the Walker County clerk,
2. 2)
   a parcel or lot described by metes and bounds, the deed of which has been recorded in the office of the Walker County clerk prior to March 1, 1982; or
3. 3)
   a lot that is part of an approved Boundary Line Adjustment, the plat of which is filed with the City.

Effective on: 1/1/1901

Lot Width

See §5.803.

Effective on: 1/1/1901

Lowest Floor

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Effective on: 1/1/1901

Manufactured Home or Housing Unit (HUD-code)

A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or move sections, which, in the traveling mode, is eight (8) body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 Code of Federal Regulations, Section 3282.8(g).

Effective on: 1/1/1901

Manufactured Home Park or Subdivision

A parcel (or contiguous parcels) of land divided into 4 or more manufactured home lots for rent or sale.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision, Existing

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, “existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision, Expansion of an Existing

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, “expansion of an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Effective on: 1/1/1901

Manufactured Home Park or Subdivision, New

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Effective on: 1/1/1901

Marquee

A roof-like structure of a permanent nature projecting from the wall of a building.

Effective on: 1/1/1901

Mean Sea Level

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Effective on: 1/1/1901

Mining/Extraction

The extraction of oil, gas, minerals, top soil or aggregate resources from the ground, whether conducted below grade or at ground-level. Examples include oil and gas extraction; quarrying or dredging for sand, gravel or other aggregate materials; mining and top soil extraction. Also includes crushing, washing and grading minerals, top soil or aggregate resources; manufacture of Portland cement, concrete or asphaltic concrete, at the source of supply of crushed rock, sand, or gravel.    

Effective on: 2/22/2023

Mining/Extraction, Surface or Above-ground

Mining or extraction that occurs above ground, whether in whole or in part    

Effective on: 2/22/2023

Mining/Extraction, Underground

Mining or extraction that occurs completely underground    

Effective on: 2/22/2023

Mixed Use, Horizontal

A development that contains both commercial and residential uses that share common features, that may include, but is not limited to, parking, access, building design features, or common open space or amenity areas. 

Effective on: 1/1/1901

Mixed Use, Vertical

A building that contains both commercial and residential uses with permitted nonresidential uses on the first floor and permitted residential uses on the upper floors.

Effective on: 2/22/2023

Mobile Food Vendor

Any person that sells edible goods from a mobile unit at a stationary location approved for such activity within the city.  "Mobile" shall mean the state of being in active, but not necessarily continuous, movement.  Edible goods shall include but are not limited to: a) Prepackaged food including, but not limited to, candy, beverages, and ice cream. b) Prepared food including, but not limited to, hot dogs, desserts, and pizza. c) On-site prepared food including, but not limited to shaved ice, sandwiches, and tacos.

Effective on: 12/17/2019

Mobile Food Vendor Court

A land approved and developed in conformity with an approved site plan, where two or more mobile food vendors congregate to offer edible goods, including beverages, for sale to the public and amenities are provided for all vendors' customers.    

Effective on: 2/22/2023

Mobile Home

A structure that was constructed before June 15, 1976, transportable in one or move sections, which, in the traveling mode, is eight (8) body feet or more in width or 40 body feet or more in length, or, when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Effective on: 1/1/1901

Mobile Home Park

A mobile home park is a parcel of land under single ownership on which two (2) or more mobile homes are occupied as residences. Any mobile home facility where two or more units are intended for long-term residential use (beyond ninety (90) days) is considered a mobile home park for purposes of applying development standards.

Effective on: 1/1/1901

Mobile/Manufactured Dwelling Unit (Outside of MH Park)

Three or fewer mobile homes or manufactured dwelling units located on a single lot outside of a mobile/manufactured home park. See also the definition in Sec. 15.200.

Effective on: 2/22/2023

Multiplex

A multi-family building type divided into three or four dwelling units and designed to resemble a large single-family home. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under.

Effective on: 1/1/1901

Museum or Cultural Facility

Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibitions of works of art and similar institutions.    

Effective on: 2/22/2023

Natural Resource Preservation

Undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums, flood management projects and reservoirs.  

Effective on: 2/22/2023

Noncommercial Message

Any sign, wording, logo, or other representation that does not directly or indirectly, name, advertise, or call attention to a business, product, service for sale or lease, or to any other commercial interest or activity.

Effective on: 1/1/1901

Nonconforming Building (Nonconforming Structure)

See §11.401.

Effective on: 1/1/1901

Nonconforming Use

See §11.301.

Effective on: 1/1/1901

Nonprecision Instrument Runway

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

Effective on: 1/1/1901

Nursing Home

An institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or attendant care, and may or may not provide for routine and regular medical and skilled nursing services. Nursing homes include homes for the aged, and convalescent and rest homes.

Effective on: 2/22/2023

Office

Uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, professional or medical services.    

Effective on: 2/22/2023

Open-Air Use

Storage yards, construction debris sites, used vehicle sales lots, vehicle impound yards, auto wrecking, junkyards, and similar uses conducted outside of enclosed buildings and when the only buildings on the lot are incidental and accessory to principal use of the lot.

Effective on: 1/1/1901

Owner

Any owner, authorized agent or contractor who constructs, enlarges, alters, repairs, moves or changes the occupancy of a building or structure.

Effective on: 1/1/1901

Owner's Front Footage

The pro rata amount of the cost of a water or sewer line extension that is not reimbursable to the person requesting the extension.

Effective on: 1/1/1901

Parks and Recreation

Recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, community centers and other facilities typically associated with public park and open space areas. Also includes public and private golf courses.    

Effective on: 2/22/2023

Pavement Width

The portion of the surface of the street available for vehicular traffic; if curbed, it is that portion of street between back of curb and back of curb.

Effective on: 1/1/1901

Perpetual Access Easement

An easement to allow access to properties that do not have frontage on an established public street. The easement is required to be of permanent extent and without any limitation of time. 

Effective on: 2/18/2020

Person

An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative of any of them.

Effective on: 1/1/1901

Personal Improvement Service

Uses that provide a variety of services associated with personal grooming, instruction and maintenance of fitness, health and well-being.

Typical uses include: Animal grooming; Barbershop or beauty, nail, skin care, or tanning salon; Day spa; Dry cleaning and pressing establishment; Funeral home or mortuary; Kennel; Laundromat; Massage establishment; Music, art, or photographic studio or classroom; Optician or optometrist; Photocopy, blueprint, and quick-sign service; Postal services (non-governmental); Psychic or medium; Tailor; Taxidermist; and Veterinarian (small animal);  and other uses meeting the definition of Service-Oriented Uses according to the City Planner.

Effective on: 2/22/2023

Primary Surface

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulation (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Effective on: 1/1/1901

Principal Use

The main use to which the premises are devoted and the principal use for which the premises exist.

Effective on: 1/1/1901

Private Street

A vehicular access way under private ownership and maintenance providing access to building units in the interior of a lot.

Effective on: 1/1/1901

Pro Rata

The charge per front foot of abutting land to be paid by the lot owner or owner of a development to aid in defraying the cost of supplying sewer service or water service to his lot or site.

1. 1)
   Single pro rata: The charge based on the front footage of abutting land on only one side of the street or easement.
2. 2)
   Double pro rata: The charge based on the front footage of abutting land on both sides of the street or easement.

Effective on: 1/1/1901

Protected Tree Replacement Plan

Is a plan that include all information necessary to demonstrate tree replacement along with tree preservation meet the forestation requirements of this section.

Effective on: 1/1/1901

Public Street

A public right-of-way, however designated, dedicated or acquired, that provides vehicular access to adjacent private or public properties.

Effective on: 1/1/1901

Public Utility

Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public; gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

Effective on: 1/1/1901

Public, Civic and Institutional

Public, quasi-public and private uses that provide unique services that are of benefit to the public at-large.

Effective on: 2/22/2023

Purpose-Built Shared Housing, Attached

Two or more attached dwelling units on an individual lot, rented by the bedroom through individual leases, for which an approved building permit was issued after 04/16/2019, which is occupied or intended to be occupied by more than two (2) unrelated persons.

Effective on: 4/16/2019

Purpose-Built Shared Housing, Detached

One or more detached dwelling units on an individual lot, rented by the bedroom, for which an approved building permit was issued after 04/16/2019, each detached dwelling unit having three (3) or more bedrooms and which is occupied or intended to be occupied by more than two (2) unrelated persons.

Effective on: 4/16/2019

Ratio of Replacement

Refers to protected trees to be replaced at a ratio of one inch for every three inches removed and historic trees are to be replaced at a ratio of two inches for every one inch removed. 

Effective on: 1/1/1901

Recreational Vehicle (Outside of RV park)

One or more recreational vehicles located on a single lot outside of a recreational vehicle park. See also the definition in Sec. 15.200.

Effective on: 2/22/2023

Recreational Vehicle (RV)

A vehicle that is:

1. a)
   built on a single chassis;
2. b)
   400 square feet or less when measured at the largest horizontal projections;
3. c)
   designed to be self-propelled or permanently towable by a light duty truck; and
4. d)
   designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use

Effective on: 1/1/1901

Recreational Vehicle Park

An establishment that provides temporary, short-term overnight accommodations for camping in two or more campers, trailers, or similar recreational vehicles.    

Effective on: 2/22/2023

Recyclable Material Drop-off Facility

An establishment that accepts consumer recyclable commodities directly from the consuming party and stores them temporarily before transferring them to recyclable material processing facilities.    

Effective on: 2/22/2023

Recyclable Material Processing Facility

Establishments that receive and process consumer recyclable commodities for subsequent use in the secondary market.    

Effective on: 2/22/2023

Recycling Facility

Uses that collect, store or process recyclable material for the purpose of marketing or reusing the material in the manufacturing of new, reused or reconstituted products.    

Effective on: 2/22/2023

Religious Assembly

Religious services involving public assembly that customarily occur in churches, synagogues, temples and other places of worship.    

Effective on: 2/22/2023

Repair Service

Uses that are primarily engaged in the provision of repair services to individuals and households rather than other businesses, but excluding vehicle and commercial repair services.

Uses in this use category include store offering repair of retail consumer goods excluding those repair services listed in the Vehicle Sales and Service use type, and including, but not limited to: appliances, bicycles, clocks, electronics, furniture, jewelry, locks and keys, musical instruments, office equipment, shoes, and watches.

Effective on: 2/22/2023

Research Service

Uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution or sale of products.    

Effective on: 2/22/2023

Reserve

A tract of land created within a subdivision plat that is not divided into lots or proposed for development at the time of platting.

Effective on: 1/1/1901

Residential

A tract of land designed for or used exclusively to contain a dwelling unit or units. A "primary residential area" shall mean a street or streets in which a majority of the total front footage is used for residential purposes.

Effective on: 1/1/1901

Retail Sales

Uses (other than those more specifically defined herein) involving the sale, lease or rental of new or used goods to the ultimate consumer.

Typical uses include selling, leasing or renting consumer, home, and business goods including, but not limited to: alcoholic beverages; animal feed; antiques; appliances; art; art supplies; automobile and motorcycle parts and accessories; baked goods (retail); bicycles; books; building supplies; cameras; carpet and floor coverings; clothing; collectibles; computers; convenience goods; crafts; electronic equipment; electronic and mixed media; fabric; flowers; furniture; garden supplies; gifts or novelties; groceries; hardware; home improvement supplies; household products; jewelry; luggage; medical supplies; musical instruments; office supplies; pawned items; pets or pet supplies; pharmaceuticals; photographic supplies; picture frames; plants; postal supplies (non-governmental); printed materials; produce; school or teacher supplies; second-hand goods indoors; seeds; souvenirs; shoes; sporting goods; stationery; tobacco, electronic cigarettes, and related products; and toys.

Effective on: 2/22/2023

Right-of-way

A street, alley, or other thoroughfare or easement permanently established for passage of persons, vehicles, or the location of utilities. The right-of-way is delineated by legally established lines or boundaries.

Effective on: 1/1/1901

Runway

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Effective on: 1/1/1901

Safety Service

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, ambulance services and storm or civil defense shelters.    

Effective on: 2/22/2023

School

Public and private schools at the primary, elementary, junior high or high school level that provide basic, state-compulsory education.    

Effective on: 2/22/2023

Self-Service Storage Facility

Uses that provide separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses.    

Effective on: 2/22/2023

Setback

See Sec. 5.805.

Effective on: 1/1/1901

Setback, Rear

See §5.805.A3.

Effective on: 1/1/1901

Setback, Side

See §5.805.A2.

Effective on: 1/1/1901

Setback, Street

See §5.805.A1.

Effective on: 1/1/1901

Setback, Street Side

See §5.805.A1.

Effective on: 2/22/2023

Shared Driveway Easement

An easement which allows abutting properties, with access on an established public street, to permanently combine and share driveway access points. 

Effective on: 2/18/2020

Shrub

A woody perennial plant differing from a perennial herb by its more woody stem and from a tree by its low stature and habit of branching from the base.

Effective on: 1/1/1901

Sign

Any identification, description, illustration, or device illuminated or non-illuminated that is visible to the public from adjoining streets or adjoining properties and that directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, temporary sign, light, decoration, balloon or other device designed to attract attention, advertise, identify or convey information. Building details that are an integral part of the overall architectural design of a building or works of art accessory to a building are not considered signs.

Effective on: 1/1/1901

Sign, Off-Premise

A sign that directs attention to a business, commodity service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Effective on: 1/1/1901

Sign, On-Premise

A sign that directs attention to a business, commodity service, or entertainment conducted, sold, or offered upon the premises where such sign is located or to which it is affixed.

Effective on: 1/1/1901

Sign Area (or Sign Face Area)

The surface measurement of a sign. See also Sec. 8.1100.

Effective on: 1/1/1901

Sign, Construction

A sign on the site of permitted development/construction activities.

Effective on: 1/1/1901

Sign, Directional

A sign used to convey directions and other information for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, help wanted, public telephone, etc. Also included are signs on private property designed to direct pedestrians or vehicular traffic, such as “entrance” or “exit.”

Effective on: 1/1/1901

Sign, Dynamic Display

See “dynamic display.”

Effective on: 1/1/1901

Sign, Freestanding

Any sign on a frame, pole or other support structure that is not attached to any building. Sometimes referred to as “ground signs.”

Effective on: 1/1/1901

Sign, Identification

A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.

Effective on: 1/1/1901

Sign, Menu Board

A sign displaying goods or services available through a drive-up window or available through a drive-in or drive-through establishment.

Effective on: 1/1/1901

Sign, Monument

A freestanding sign where the base of the sign structure is on the ground or no more than 12 inches above the ground adjacent to the sign. Typically constructed of brick, wood, stone, or metal, monument signs have a base that is at least 80% of the width of the sign face.

Effective on: 1/1/1901

Sign, Moving

Any sign that revolves, rotates, swings, undulates, or otherwise attracts attention by moving parts, whether operated by mechanical equipment or by natural sources, not including flags or banners.

Effective on: 1/1/1901

Sign, Portable

Any sign not permanently attached to the ground, a building or other structure that is not readily movable. Any sign attached to a sign structure that has wheels will be considered a portable sign, as well as any sign attached to a frame or other sign structure that is not permanently attached to the ground or a building.

Effective on: 1/1/1901

Sign, Projecting

Any sign that is attached to a building and that projects outward from the exterior wall of the building by more than 18 inches. The face of a projecting sign is typically perpendicular to the adjacent building wall.

Effective on: 1/1/1901

Sign, Roof

Any sign erected, constructed, maintained or visible above the parapet on a building with a flat roof or above the peak on a pitched roof.

Effective on: 1/1/1901

Sign Structure

Any structure that supports a sign, including decorative cover.

Effective on: 1/1/1901

Sign, Temporary

Any sign, banner, pennant, valance, or advertising display that by intent is not permanent, constructed of cloth, canvas, lightweight fabric, cardboard, wallboard, or other lightweight materials with or without frames, intended to be displayed for a short period of time only.

Effective on: 1/1/1901

Sign, Wall

A single-faced sign attached generally flush or parallel to the wall of a building.

Effective on: 1/1/1901

Site Area

The total land and water surface area contained within the boundaries of a parcel proposed for infill development, including all platted lots or unplatted properties. 

Effective on: 2/22/2023

Site Plan

A plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this Code.

Effective on: 1/1/1901

Start of Construction

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Effective on: 1/1/1901

Street, Expressway

Roads intended to serve interstate or high speed, high-volume urban traffic. Access to expressways is limited to other expressways and major streets.

Effective on: 1/1/1901

Street, Arterial

Roads of regional importance or the main roads of a community. Direct access is primarily limited to significant land uses.

Effective on: 1/1/1901

Street, Collector

Provides access to nonresidential land uses and connects residential streets to the system's arterial streets.

Effective on: 1/1/1901

Street, Local

Provides access to adjacent land. Characterized by a small service and low speeds.

Effective on: 1/1/1901

Street, Stub

A street that is temporarily terminated, but that is planned for future continuation.

Effective on: 1/1/1901

Structure

As defined in International Building Code.

Effective on: 1/1/1901

Structure (Floodplain)

For floodplain management purposes, means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Effective on: 2/22/2023

Subdivision

See Sec. 12.702.

Effective on: 1/1/1901

Subdivision Plat

A map or drawing of a proposed subdivision prepared in a manner suitable for recording in the County records and containing accurate and detailed engineering and survey data, dimensions, dedicatory statements and certificates. See also Sec. 12.700.

Effective on: 1/1/1901

Substantial Damage

For floodplain management purposes, means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Substantial Improvement

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1. a)
   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or
2. b)
   Any alteration of a "historic structure”, provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Effective on: 1/1/1901

Tiny House

A dwelling unit that is factory or site-built on a permanent foundation in accordance with applicable codes, laws and standards.

Effective on: 2/22/2023

Tiny Home Community

A group of tiny homes, constructed either on a chassis or on a foundation, that are arranged in common relationship to one another, usually surrounding a shared common open space area.

Effective on: 2/22/2023

Townhouse

A single dwelling unit on a single lot that shares at least one common or abutting wall with another attached house located on a separate lot.

Effective on: 2/22/2023

Trade School

Uses that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses.    

Effective on: 2/22/2023

Tree

Any self-supporting woody plant species, which normally grows to an overall minimum height of 20 feet. 

Effective on: 1/1/1901

Tree, Canopy

Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown that attains a height of at least 30 feet at maturity.

Effective on: 1/1/1901

Tree Diameter

See “Diameter at Breast Height” (for measuring existing trees) and “Caliper” (for measuring new trees to be planted)

Effective on: 1/1/1901

Tree(s) Historic

A tree(s) which has been found by the city to be of a notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the city.

Effective on: 1/1/1901

Tree, Non-canopy

Any self-supporting woody plant with one or more trunks that attains a height of at least 15 feet at maturity.

Effective on: 1/1/1901

Tree(s) Nuisance

A tree(s) that is non-native invasive, diseased, invested with harmful insects, dying or dead.

Effective on: 1/1/1901

Tree(s) Protected

Any self-supporting woody perennial plant which has a caliper of three inches (3”) or more when measured at a point of 4½ feet above ground level and which normally attains an overall height of at least 20 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks and is not diseased, dying, dead, or a nuisance tree as determined by an urban forester or International Society of Arboriculture (ISA) certified arborist.

Effective on: 1/1/1901

Tree Survey/Inventory

A survey that depicts the location, size and number of trees within the survey area.  The survey shall summarize the total number of trees and the diameter inches of trees that will be removed and/or will be preserved. A Tree Survey/Inventory for treed areas that exceed one acre shall be prepared by a registered landscape architect, registered architect, registered engineer or registered surveyor.

Effective on: 1/1/1901

Two-unit house 

Two dwelling units within the same principal building, located on a single lot. The 2 dwelling units are attached and may be located on separate floors or side-by-side. Also known as “duplexes.”

Effective on: 2/22/2023

Unified Development

The separate ownership of single units or apartments in a multiple unit structure or structures with common elements. (See Tex. Rev. Civ. Stat. art. 1301a)

Effective on: 1/1/1901

Utilities and Public Service Facility, Minor

Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; gas regulating stations; underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities    

Effective on: 2/22/2023

Utilities and Public Service Facility, Major

Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include but are not limited to water and wastewater treatment facilities, high-voltage electric substations, utility-scale power generation facilities (including wind, solar and other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water storage facilities, such as water towers and reservoirs.  

Effective on: 2/22/2023

Utility Runway

A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

Effective on: 1/1/1901

Variance

A grant of relief to a person from the requirements of this code when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development is a manner otherwise prohibited by this code.

Effective on: 1/1/1901

Vehicle Sales and Service

Uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. Typical uses included within the vehicle sales and service subcategory include vehicle sales and rental businesses, vehicle repair and maintenance shops, fueling stations and car washes.    

Effective on: 2/22/2023

Vehicle Maintenance

An establishment that specializes in the replacement or repair of any vehicle part that does not require removal of the engine, transmission, or differential. Examples include dent repair, minor painting, upholstering, brake work, and oil changes.

Effective on: 2/22/2023

Vehicle Repair

An establishment that specializes in mechanical work, bodywork, major painting, or other similar work on vehicles.

Effective on: 2/22/2023

Vehicles Sales, Rental, and Leasing

Premises where the primary occupation is the sale or rental of any vehicle and can include ancillary service or repair of any vehicle. Such use may include the storage of inoperable vehicles for a period not to exceed 90 days.

Effective on: 2/22/2023

Violation

For the purpose of interpreting and administering the flood protection regulations of §8.1103.B, this term means the failure of a structure or other development to be fully compliant with the Flood Protection regulations of §8.1103.B. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §8.1103.B is presumed to be in violation until such time as required documentation is provided to the City.

Effective on: 1/1/1901

Watercourse

A definite channel of a stream in which water flows within a defined bed and banks, originating from a definite source or sources. (The water may flow continuously or intermittently, and if the latter, with some degree of regularity, depending on the characteristics of the sources.)

Effective on: 1/1/1901

Water Surface Elevation

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Effective on: 1/1/1901

Wholesale, Distribution & Storage

Uses that provide and distribute goods in large quantities, principally to retail sales, commercial services or industrial establishments. Long-term and short-term storage of supplies, equipment, commercial goods and personal items is included.    

Effective on: 2/22/2023

Wholesale, Distribution and Storage, All Other

Wholesale, distribution and storage uses other than those more specifically identified above.   

Effective on: 2/22/2023

Wholesale, Distribution and Storage, Indoor

Wholesale, distribution and storage uses conducted within a completely enclosed building.   

Effective on: 2/22/2023

Wireless Communications

Towers, antennas, equipment, equipment buildings and other facilities used in the provision of wireless communication services. The following are wireless communication facility specific use types:   

Effective on: 2/22/2023