For the purpose of this chapter certain words are defined as follows. Definitions not expressly prescribed in this section are to be construed in accordance with customary usage in municipal planning and engineering practices.

(1)

Access: Means of approaching or nearing. Includes a right of passage to and from an adjacent street.

(2)

Accessory use or structure, or building: One customarily a part thereof, which is clearly incidental and secondary to the permitted use and which does not change the character thereof.

(2.1)

All-weather surface: shall mean concrete paving or concrete pavers with base material suitable for vehicle parking.

(2.2)

Alteration: The introduction of different forms, colors, textures, materials and shapes to an existing historic landmark.

(2.5)

Antique sales: A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period of a minimum of thirty (30) years old, with all sales and storage occurring inside a building.

(3)

Apartment: A room or group of rooms used as a dwelling for one (1) family unit, with cooking facilities therein located, in a building where other family dwelling units are located.

(3.2)

Appropriate alterations: The introduction of compatible forms, colors, textures, materials and shapes which harmonize with existing historical property characteristics yet relate through the sensitive use of proportion, color, scale and landscaping.

(3.5)

Artist's studio/gallery: An institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.

(4)

Automobile storage lot: An off-street area, not open for customers to drive into or through, for the storage of unlicensed motor vehicles.

(4.5)

Automotive maintenance and repair: Automotive maintenance and repair establishment, such as that incidental to sales of auto parts and accessories; lubrication, oil change; tire, muffler and shock absorber installation and repair. Such establishments may also have accessory facilities for washing cars, and shall be able to perform body repair or painting, engine or transmission overhaul but shall not display vehicles for sale. No inoperative motor vehicle shall be permitted outside the business building.

(4.6)

Bank, savings and loan, or credit union: An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

(5)

Base site area: That portion of the gross site area remaining after (a) the dedication of public street and utility right-of-way; (b) subtracting the area within surface easement; and (c) buffer areas from the gross site area.

(6)

Board of adjustment: The zoning board of adjustment of the city.

(7)

Buffer area: An area of land, together with specified planting and/or structures thereon, which may be required between land uses of different intensities to eliminate or minimize conflicts between such uses.

(8)

Building: Any structure built for the support, shelter or enclosure of persons, chattels or removable property of any kind and which is affixed to the land. This term does not include fences.

(9)

Building area: The gross area covered by the building or buildings placed on a lot.

(10)

Building code: Those regulations adopted in Chapter 5 of this Code.

(11)

Building line: A setback line from a public or private street. See "Setback line."

(12)

Building permit: An instrument in writing signed by the enforcing officer authorizing described construction on a particular lot.

(13)

Cafe, restaurant or cafeteria: A commercial eating establishment where snacks or meals are vended for consumption primarily on the premises. This definition is intended to exclude drive-in eating establishments and drive-through eating establishments.

(14)

Certificate of occupancy: A written instrument signed by the enforcing officer authorizing a described use at a described location.

(14.5)

Certificate of site plan approval (CA): A certificate approved by the city council with recommendation from the historic preservation committee through the planning and zoning commission authorizing an alteration, new construction, demolition or relocation.

(15)

Church: A building used for public worship.

(16)

City: The City of Hurst, Texas.

(17)

City engineer: The Hurst director of public works or his authorized representative.

(18)

City manager: That person holding the office of city manager under the terms of the Hurst Charter.

(19)

City secretary: That person holding the office of city secretary under the terms of the Hurst Charter, or his authorized representative.

(20)

Clinic: An institution, public or private, or a station for the examination and treatment of out-patients by an individual or group of doctors, dentists or other licensed members of the human health-care profession.

(20.5)

Collectibles: Small items such as dolls, figurines, clocks, etc., typically bought, sold, bequeathed and/or saved due to their actual or perceived value, (e.g., for sentimental or investment reasons). Does not include items such as machines, motor vehicles, trailers, furniture or other similar items.

(21)

Collector street: A street which carries traffic from local streets to the system of major streets, including the principal entrance streets or streets into a subdivision development and streets designed primarily to provide traffic circulation within or between one (1) or more subdivisions.

(22)

Commercial amusement: An enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors and similar enterprises.

(22.5)

Commercial amusement (indoor): An enterprise such as a health club, racquetball club, karate club, recreation club or organization providing for activities, services, and instruction for the entertainment, exercise, and improvement of fitness and health of customers, clients, or members, but not including hospitals, clinics, massage establishments, or arcades. Uses or combinations would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight-lifting and nautilus facilities, exercise areas, swimming pools and spas, martial arts, classrooms and/or practice areas, gymnasiums, and indoor running or jogging tracks.

(23)

Commissions: The planning and zoning commission of the city.

(24)

Common driveway: A driveway on a common property line serving more than one (1) platted lot.

(25)

Common property: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a planned unit.

(25.01)

Community center: A building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment or conference facilities owned and/or operated by a governmental agency or private nonprofit agency.

(25.1)

Community home for disabled persons: A residential building for not more than six (6) disabled persons and two (2) supervisors located more than one-half mile from any other community home.

(25.5)

Compatible: A pleasing visual relationship between elements of a property, building, structure and site to the same elements of another property, building, structure. Aspects of compatibility may include, but are not limited to, open space, setbacks, scale of buildings, height, proportion of facade, proportion of openings, rhythm, architectural detail, materials and texture, and architectural style.

(26)

Conditional use: A use which may be permitted in a district, subject to meeting certain conditions or procedures set forth in this chapter.

(27)

Condominium: Two (2) or more dwelling units on a lot, with individual ownership of a unit rather than of a specific parcel of real property, together with common elements.

(28)

Contractor's services: Air conditioning, building construction and supply, electrical supply, landscaping service, lumber yard, plumbing supply, tombstone and monument work, and utility materials yard.

(29)

Convalescent home: Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation.

(29.1)

Convenience store. A convenience store, bodega, convenience shop, corner store or corner shop is a small retail business that stocks a range of everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, ice creams, tobacco products, lottery tickets, over-the-counter drugs, toiletries, newspapers and magazines.

(29.2)

CBD/hemp/cannabis store. A store that sells products containing cannabidiol otherwise known as CBD, containing a tetrahydrocannabinol (THC) concentration of less than 0.3%; any product processed or manufactured for human consumption containing hemp; and/or any product containing cannabis.

(29.3)

Cannabis. Is any product derived from the plant cannabis sativa that has a tetrahydrocannabinol (THC) concentration of greater than 0.3%.

(30)

Corner lot: A lot abutting upon two (2) or more streets at their intersection.

(31)

Cul-de-sac: A street having one (1) outlet to another street and terminated on the opposite end by a vehicular turnaround.

(31.001) Dance hall: An establishment open to the general public for entertainment, in particular, dancing.

(31.01) Day care: A facility providing care, training, education or supervision for more than six (6) children under ten (10) years of age, and where tuition, fees, or other forms of compensation for the care of children is charged, and which is licensed or approved to operate as a child care facility by the State of Texas. The term "day care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services.

(31.1)

Decorative masonry: Brick, stone, patterned concrete, exposed aggregate concrete or other similar materials as approved by city staff, but excluding stucco and concrete blocks.

(32)

Density: The measure of the degree to which land is filled with residential units designed to accommodate a family group. Measurement excludes public or private streets in calculating density per acre.

(33)

Density factor (RPS District only): An intensity of use measurement expressed as the number of dwelling units per acre of the buildable portion of the site (net buildable site area).

(33.5)

Design guidelines shall mean guidelines that are recommended by the historic preservation committee for historic landmarks to protect and enhance the historical, cultural, architectural or archeological character of the landmark.

(34)

Developer: The legal or beneficial owner of a lot or parcel of land proposed for inclusion in a development, including the holder of an option or contract to purchase.

(35)

Development: The construction of any buildings, structures, facilities and improvements.

(35.5)

Dinner theater, playhouse, or theater: A building or part of a building devoted to the showing of a motion picture, or for dramatic, musical or live performance.

(36)

District: A zoning district under this chapter.

(37)

Dormitory: Any structure specifically designed to house student tenants associated with a university, college or school.

(38)

Drive-in eating establishment: Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption in a vehicle parked on the premises, with delivery of food to customers in cars away from the main building.

(38.5)

Drive-through eating establishment: A commercial eating establishment where snacks or meals are dispensed to customers in automobiles directly from the main building. This definition excludes drive-in eating establishments.

(39)

Duplex: Two (2) single-family dwelling units joined by one (1) or more common sidewalls.

(40)

Dwelling: Any building or portion thereof designed or used exclusively for residential purposes.

(41)

Dwelling unit: A building unit or other unit structure which is designed exclusively for residential purposes by a family.

(42)

Easement: Authorization by a property owner of the use by another, including the city and/or public agencies, for a specified purpose, of any designated portion of his property. A surface easement describes an easement for which the authorization of use includes activities which occur at or above ground level and which inhibit the use of such property for any other aboveground use.

(42.1)

E-cigarette or electronic cigarette or electronic smoking device: Any electronic or battery-operated device, the use of which resembles smoking, that can be used to deliver an inhalable dose of nicotine or other substances by delivering a vaporized solution. "E-cigarette," "electronic cigarette," or "electronic smoking device" includes any such smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electric pipe, electronic hookah, or any other product name or descriptor "e-cigarette," "electronic cigarette," or "electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration.

(42.5)

Economic hardship: An owner's inability to earn a reasonable return on their investment (property) or the property cannot be adapted for another use that can result in a reasonable return.

(43)

Efficiency apartment: An apartment without a bedroom separate from other living quarters.

(44)

Emergency vehicle: Any vehicle meeting the requirements for emergency vehicles under state law.

(45)

Enforcing officer: The designated enforcing officer of the city or his designated representative.

(46)

Exterior yard: A yard abutting and extending along the full length of the street line of all streets abutting a lot.

(47)

Family: Any number of related persons or not more than four (4) unrelated persons living as a single housekeeping unit.

(48)

Reserved.

(49)

Filling station: An establishment where gasoline is sold and dispensed into motor vehicle tanks. Such establishment may also have accessory facilities for washing cars, minor maintenance, oil and grease, battery charging, tire repair and sale of auto accessories. Such establishment shall not perform body repair, engine or transmission overhaul and shall not display vehicles for sale except in districts allowing such sales. No inoperative motor vehicles shall remain outside the business building for more than twenty-four (24) hours.

(50)

Flood fringe: That portion of the floodplain which may be filled and/or altered so as to permit the construction of improvements, provided such alterations and/or filling is approved by the city public works department and any state or federal agency which may have jurisdiction thereof.

(51)

Floodplain: That area outside of the floodway which may be inundated with floodwater with an average frequency of occurrence in the order of once in one hundred (100) years, normally referred to as the intermediate regional flood by the U.S. Corp of Engineers.

(52)

Floodway: The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge floodwaters.

(53)

Floor area: The sum total area of all floors as calculated from measurements to outside walls.

(54)

Front yard: An exterior yard between an adjacent street and the entrance side of a principal structure on a lot.

(55)

Garage repair: An establishment where motor vehicles receive maintenance, repair or where auto body repair takes place. Such shall not include salvaging.

(55.5)

Garden shop: A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting.

(56)

Grade: The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five (5) feet distant from the wall, or the lowest point of elevation of the finished surface between the exterior wall of a building and the property line if it is less than five (5) feet distant from the wall. In case walls are parallel to and within five (5) feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way.

(57)

Gross density: The number of dwelling units per acre without deduction for landscaping, impervious surface, etc., required by the RPS District.

(58)

Gross leasable area: The total floor area of a building which is designed for tenant occupancy and use, including basements and mezzanines, and measured to centerlines of joint partitions and to outside of exterior walls, excluding mechanical equipment, storage, restrooms, stairwells, elevator shafts and other common areas.

(59)

Gross receipts: Receipts from all retail sales from all business conducted on the premises, which shall be deemed to include the sales price received of goods, including gasoline, sold on consignment without deduction for any amount due the consignor.

(60)

Height of building: The vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

(60.1)

Historic landmark: Any building(s) or land areas of architectural, archeological or cultural importance or value, which the city council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and welfare of the people.

(60.2)

Historic significance: The importance for which a property or landmark has been evaluated to meet designated criteria.

(60.5)

Hospital: A health care facility which provides primary health services and medical or major surgical care to person, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as a integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

(61)

Hospital, sanitarium, nursing or convalescent home: A building or portion thereof used or designed for the housing or treatment of sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel or apartment hotel not ordinarily intended to be occupied by such persons.

(62)

Hotel: Any building containing six (6) or more guest rooms intended or designed to be rented or hired out to be occupied for sleeping purposes by paying guests.

(63)

Impervious surface: A surface which does not absorb water and consists of all buildings, parking areas, driveways, roads, sidewalks, structures and any areas of concrete or asphalt.

(64)

Impervious surface ratio: A measure of land use intensity expressed by dividing a total area of all impervious surfaces on a site by the base site area after first excluding all impervious surfaces designated for recreational purposes.

(65)

Institutional educational use: A college or university; a private or public institution approved by the appropriate state educational authority to teach two (2) or more grade levels such as kindergarten and first grade, first and second grade, etc.

(65.5)

Integrity (historic): The unimpaired ability of a property to convey its historical significance. The elements of integrity include location, design, setting, workmanship, feeling and association.

(66)

Intensity class, land use: A measure of the magnitude and negative impact of the land use on neighboring land uses as determined by the permissible uses intensity of the underlying zoning district classification.

(67)

Interior yard: A yard, other than an exterior yard, extending along the common boundary of adjoining lots.

(68)

Kennel: Any building, lot or premises on or in which four (4) or more dogs or cats at least eight (8) weeks of age are kept, or any building, lot or premises where dogs or cats are housed or accepted for boarding, for which remuneration is received. This term does not include a veterinary clinic.

(69)

Lakes and ponds: Natural or artificial bodies of water which retain water year-round.

(69.5)

Landscape: The general arrangement of grounds, including, but not limited to, the topographic grade, types and sites of plant materials, type and sites of surface materials, and types and sites of construction such as fences, retaining walls, fountains, arbors, and gazebos.

(70)

Landscaped: Adorned or improved by contouring land and placing thereon live plants, flowers, shrubs, trees or grass.

(70.5)

Lodge, civic club, fraternal organization: A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, such as Elks, Masons, Knights of Columbus, labor union, or business organizations.

(71)

Lot: A parcel of land whose boundaries are designed on a plat recorded under the provisions of Article 974a, Texas Revised Civil Statutes.

(72)

Maintenance guarantee: A guarantee of facilities or work to insure the correction of any failures of any improvements required pursuant to city regulations, or to maintain same.

(73)

Manufacturing, processing and fabrication: Beverage plant, fabrication, metal finishing, foundry, ice plant, machine shop, planing mill, printing plant, publishing and bindery plant, masonry products manufacturing, refinery for nonagricultural products, food products, processing and packaging plant, precision instruments manufacturing, research laboratory and all other uses of similar land use intensity and impact on adjacent property.

(73.5)

Manufacturing, processing, fabrication and assembly: A facility designed or used for the on-site manufacturing, processing, fabrication and assembly of complete products or of component parts of those products to be completed offsite.

(74)

Marquee: A roof-like structure projecting over the entrance to a building. It may also project over a sidewalk adjacent and parallel to the front wall of a building.

(75)

Massage establishments: As defined by Chapter 12 of this Code.

(75.5)

Micropigmentation: Permanent cosmetic makeup applied within the facial lines by a licensed micropigmentologist at a facility where anesthesia may be applied. The cosmetic implantation technique deposits colored pigment into the upper reticular layer of the dermis. Considered an accessory use as defined herein.

(76)

Mini warehouse: Enclosed space rented to members of the general public for storage of motor vehicles, trailers, boats and household goods.

(76.5)

Minor exterior alteration: The installation of or alteration to fences, gutters and down spouts, signs, incandescent lighting fixtures, landscaping and hardscaping comprising less than twenty-five (25) percent of the front or side yard and additions and changes not visible from any street to the rear of the main structure or to an accessory structure.

(76.7)

Mixed-use development: A development and building pattern that allows buildings with a mix of certain zoning district uses and/or sites with a mix of such uses, whether these are in separate parts of the same lot or in contiguous parts of a block of buildings on separate lots. The definition is meant to be somewhat flexible to allow consideration of various mixed-use proposals.

(77)

Mobile home: A movable or portable dwelling constructed to be towed by a motor vehicle on its own chassis over roads and highways, connected to utilities and designed without a permanent foundation, without regard to whether such is placed on a permanent foundation or not. It may consist of one (1) or more units that can be telescoped and expanded later for additional capacity, or of two (2) or more units separately towable but designed to be joined into one (1) single unit.

(78)

Mobile home space: A division of an MH mobile home zoned lot for use by a single mobile home.

(79)

Motel: Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

(80)

Multifamily dwelling: A condominium, or a structure containing more than four (4) dwelling units. Does not include a hotel or motel.

(81)

Multiple building complex: More than one (1) principal structure on a lot.

(82)

Net buildable site area: The area to be utilized in an RPS District for calculating density. Determined by subtracting required buffer area from the required open area and then subtracting the difference from base site area.

(82.5)

New construction shall mean the erection of a new principal or accessory structure on a lot or property, or an addition to an existing structure.

(83)

Occupancy: Utilization of property.

(84)

Open space: Land not occupied by buildings, signs or other structures. May include buffer areas, recreational areas, required setback from street right-of-way and property lines, enclosed open space intended for the private use of a dwelling, and other uses which are not occupied by any nonrecreational uses or structures. Open space, where required, shall be maintained in perpetuity so that its use and enjoyment as open space may not be diminished or destroyed.

(85)

Open space ratio: The proportion of a site consisting of open space which is calculated on the basis of the base site area.

(85.5)

Ordinary maintenance: Any work that does not constitute a change in design, material, color or outward appearance, and include in-kind replacement or repair of existing materials. This includes any work, the purpose and effect of which is to correct any deterioration or decay or damage to a structure or property, or any part thereof, to its condition prior to such deterioration, decay or damage.

(86)

Owner's association: A nonprofit corporation operating under a recorded land agreement through which:

a.

Each lot and/or unit owner is automatically a member;

b.

Each lot or unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

c.

The charge, if unpaid, becomes a lien against the property.

(86.1)

Package store means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission to the public for the purpose of off-premise consumption.

(87)

Parking area: An off-street area for the driving, parking, display or storage of motor vehicles other than motor vehicles stored on an automobile storage lot.

(88)

Parkway area: That portion of the public right-of-way lying primarily between the edge of the pavement or curb and the private property line.

(89)

Partially unusable land: Resource protection lands with a resource protection ratio of less than 1.00, including steep slopes and flood fringe.

(90)

Pawnshop: An establishment where articles are traded and exchanged for money plus a right to redeem such articles within a given amount of time upon repayment of such money with interest.

(91)

Permitted use: A use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a specific use permit. This term does not include conditional uses.

(92)

Person: A natural person, his heirs, executors, administrators or assigns; a firm, partnership or corporation, its or their successors or assigns; or the agent of any of the aforesaid.

(93)

Person in charge: Any person who has real or apparent care, custody and control of real property or buildings located thereon.

(94)

Personal service shop: An establishment for the purpose of supplying limited personal services such as: cleaning and laundry collection station, interior decorating, watch and jewelry repair, reader, art gallery, library, museum, studio for professional artwork, photography, dance or fine arts; including teaching of applied and fine arts. This definition does not include massage establishment, barbershops, beauty shops or hairdressers.

(95)

Planned unit: A land area which has individual building sites and common property, such as a park, and is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may be either public or private.

(96)

Planned unit development: A single planned unit as initially designed; or such a unit as expanded by annexation of additional land area; or a group of contiguous planned units, as separate entities or merged into a single consolidated entity.

(96.5)

Preservation: The act or process of applying measures necessary to sustain the existing form, integrity and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

(97)

Print shop: An establishment utilizing offset, letter press or duplicating equipment, but not rotary presses or linotype equipment.

(98)

Professional office: An office occupied by a doctor, a lawyer, a dentist, an engineer or any other vocation involving predominantly mental or intellectual skills. Specifically excludes any activity involving sales of personalty. Does not include veterinary clinics.

(99)

Quadruplex: A structure containing four (4) single-family dwelling units or four (4) adjoined single-family dwelling units with a common wall.

(99.5)

Radio, television or microwave tower: A structure of skeleton framework, which may be attached to another structure or the ground, used for the transmission of radio, television or microwave signals.

(99.6)

Railroad or bus passenger station: Any premises used for:

a.

The transient housing or parking of motor-driven buses and trains;

b.

The loading and unloading of passengers;

c.

The retail sale of convenience goods and merchandise; and

d.

The housing of a cafe, restaurant, or cafeteria.

(100)

Rear yard: An interior yard as defined in this section, extending along the full length of the rear lot line and defined by a line parallel to the rear of the residence, which extends directly from the rear corners of the residence to the side lot line(s) excluding paved drives leading to rear entry garages and paved turn-arounds built over what would otherwise be a rear yard.

(100.5)

Reconstruction: The act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

(101)

Recreation space: Any open or enclosed area which is available to inhabitants of an occupancy for recreational activities. This term includes swimming pools, recreational rooms, ball courts, grass areas, and any other area both open to all inhabitants of the occupancy and not required for another purpose, such as walkways, parking areas and landscaping.

(101.1) Rehabilitation: The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values.

(101.3) Relocation: The disassembly, relocation to a different site and reassembly of a building.

(101.5) Research and development laboratory: A facility for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

(101.6) Residence hotel: A multidwelling facility designed for extended stay or lodging, consisting of efficiency units or suites with a complete kitchen suitable for long term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture may be provided. Meeting rooms, club house, and indoor and outdoor recreational facilities intended for the use of residents and their guests.

(102)

Resource protection lands: All lands consisting of natural resources or environmental features which impose limitations on the usability of the land for development purposes.

(103)

Resource protection ratio: A measure of the extent to which lands with given natural or environmental characteristics may accommodate development, expressed as a percentage applied to the acreage of land in such resource protection category.

(103.2) Restoration: The act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.

(103.5) Retail sales: Shops offering all types of consumer goods for sale.

(104)

Rooming and lodging house: A group of rooms provided for compensation either in a converted single-family home or in a structure specifically designed for such purpose. No cooking facilities are provided in individual living units.

(105)

Salvaging: Auto wrecking yard, junkyard, salvage products processing and sale.

(105.5) School (vocational/technical): A secondary or higher educational facility primarily teaching skills that prepare students for jobs in a trade and/or meeting the state requirement for a vocational facility such as a barber/beauty college, or electrical training.

(105.6)

Screening fence: shall mean a barrier at least six (6) feet in height of brick, decorative masonry, wood, vinyl or other permanent material, which forms a visual barrier of uniform character, density, and design. For the purposes of this chapter, a vehicle shall be deemed screened from view when it is behind a screening fence regardless of vehicle height.

(106)

Seat: One (1) space for an individual to sit equal to eighteen (18) inches to a bench and pew width if other than an individual chair.

(107)

Service establishment: Barbershops and beauty shops, hairdressers, shoe repair.

(107.5) Service station: An establishment where gasoline is sold and dispensed into motor vehicle tanks. Such establishment may also have accessory facilities for washing cars, minor maintenance, oil and grease, battery charging, tire repair and sale of auto accessories. Such establishment shall not perform body repair, engine or transmission overhaul and shall not display vehicles for sale. No inoperative motor vehicles shall remain outside the business building for more than twenty-four (24) hours.

(108)

Setback line: A line which marks the setback distance from the property line and establishes the minimum required front, side or rear yard space of a building plot.

(108.5) Sexually oriented business: A nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. The individual terms contained in this subsection shall have the same meaning ascribed to them by Chapter 17.5 of the Hurst Code of Ordinances.

(109)

Shopping center: A composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.

(109.5)

Side yard: An interior yard as defined in this section, which is within the imaginary lines extending perpendicular from the side lot lines on either side of the residence directly to the front corners and the rear corners of the residential structure.

(110)

Sign: Any word, number, figure, device, design or trademark by which anything is made known, as used to designate an individual, firm, profession, business or a commodity and which is visible from any public street.

(110.5) Significance: Having aesthetic, architectural, cultural or historical qualities of importance to the consideration of property, building or structure for classification as designated property that has been evaluated to meet designated criteria.

(111)

Site capacity: The number of dwelling units permitted on a given site.

(112)

Site plan: A scale drawing showing the use of the land, including but not limited to locations of buildings, drives, sidewalks, parking areas, drainage facilities, landscaping and structures to be constructed in relation to boundaries.

(112.5)

Smoking—Non-traditional smoking related business: A retail establishment or other business whose principal business is offering of a service relating to, or the selling of, renting or exhibiting products or devices known as water pipes, hookahs, electronic cigarettes or electronic vaping devices, steam stones, hookah pens, or any comparable devices. For the purpose of this definition, the term "principal" shall mean over twenty-five (25) percent of the volume of sales, rentals, stock in trade, or display areas generated from or devoted to the products or devices described herein.

(113)

Specialty shop: An establishment for the purpose of supplying limited specialty items such as: antiques, art objects and supplies, ceramic supplies, books, camera and photo supplies, candy, florist, gifts, greeting cards, framing, stamps and coins, stationery, tobacco.

(114)

Steep slopes: Land area where the inclination of the land surface from the horizontal is twelve (12) percent or greater.

(115)

Storage and warehouses: Commercial storage, crating service, petroleum products storage, truck terminal, warehouse.

(116)

Street: Any thoroughfare or public space not less than sixteen (16) feet in width which has been dedicated or deeded for vehicular use.

(117)

Structure: Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

(118)

Structure, principal: The building in which the primary use of the lot is located.

(119)

Stucco: A durable exterior wall finish composed of portland cement, sand and lime, which is applied wet over galvanized steel reinforcement to a minimum thickness of five-eighths of an inch.

(119.5)

Tattoo studio: An establishment or facility in which the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment and/or a facility where the piercing of body parts, other than ears, is performed for purposes of allowing the insertion of jewelry.

(120)

Temporary home sales office: A single-family residential structure used solely for the display and/or sales of residences within a subdivision.

(121)

Theater: An establishment charging admission to the general public for the privilege of observing a live, televised or motion picture performance.

(121.5) Theme park: An enterprise for profit offering outdoor recreational opportunities offering a series of permanent, physically separated, attractions fashioned and constructed around a primary design concept common throughout the site and its structures, like that typically associated with a water theme park such as Wet 'n Wild. On-site support improvements would include permanent parking areas, concessions, restrooms, coin operated lockers, shade shelters and fulltime management, maintenance and security staff.

(122)

Totally unusable property: Resource protection lands that have a resource protection ratio of 1.00; including lakes, ponds and floodways.

(123)

Townhouse: One (1) of a group of not less than three (3) nor more than twelve (12) attached dwelling units, each dwelling unit located on a separate lot. No single group shall exceed two hundred forty (240) feet in length.

(124)

Triplex: A structure containing three (3) single-family dwelling units on a single lot, or a lot containing three (3) single-family residences attached by common walls.

(125)

Variance: A legal modification of the district provisions such as yard, lot width and yard depth, signs, setback, off-street parking and loading regulations, height, access and screening, granted due to the peculiar conditions existing within a single piece of property.

(126)

Veterinary clinic: A facility which provides health care services for small domestic animals such as dogs, cats and birds, including the diagnosis and treatment of diseases and injuries and indoor and outdoor kennels for the temporary or intermediate boarding of small animals, providing health care or boarding of large animals is specifically prohibited.

(126.5) Wholesale display and sales: A single structure or building used and designed to display products and merchandise which are sold or distributed for resale, warehousing of said products and merchandise sold or distributed may be an accessory use.

(127)

Wholesale distributor: Alcoholic beverage distributor; wholesale equipment and furniture; wholesale groceries, meats, fish and poultry; wholesale produce; wholesale supply house; wholesale laundry and drycleaning plant; and any other distributor of goods for resale.

(128)

Woodlands: Areas of natural plant material consisting of native indoor landscape trees with a caliper of four (4) inches or more with a density of forty-five (45) trees per acre.

(129)

Yards: Open spaces on the lot which are open and unobstructed to the sky by any structures except as provided in this chapter.

(130)

Youth/teen entertainment use: Dance venue, arcade, laser tag, and other similar indoor uses for youth and teen activities.

(Code 1965, Ch. 27, § 3; Ord. No. 1080, § 1, 7-23-85; Ord. No. 1131, § 1, 5-13-86; Ord. No. 1228, §§ 1, 2, 4-26-88; Ord. No. 1309, § 1, 12-11-90; Ord. No. 1344, § 1, 10-8-91; Ord. No. 1365, § 1, 6-9-92; Ord. No. 1670, § 1, 5-25-99; Ord. No. 1749, § 1, 11-28-00; Ord. No. 1932, § 4, 10-26-04; Ord. No. 2002, § 6, 11-28-06; Ord. No. 2034, § 1, 10-23-07; Ord. No. 2315, § 2, 4-12-16; Ord. No. 2448, § 3, 10-27-20; Ord. No. 2501, § 2, 2-2-22; Ord. No. 2556, § 2, 1-9-24)