ACCESSORY BUILDING

A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises. Accessory buildings shall include parking garages, adjacent farm structures, home workshops and tool houses, storage sheds, home greenhouses, etc.

ACCESSORY USE

A use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith

ADVERTISING SIGN OR STRUCTURE

Any cloth, card, paper, metal, glass, wooden, plastic, plaster or stone sign or other sign, device or structure of any character whatsoever, including a statuary or place for outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building or structure. The term “placed” shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning or other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this Ordinance

AIRPORT

A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers

ALLEY

A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes

AMUSEMENT ARCADE (ALSO VIDEO ARCADE)

Any building, room, place or establishment of any nature or kind and by whatever name called, where more than two (2) amusement devices are operated for a profit, whether the same be operated in conjunction with any other business or not, including but not limited to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffleboards, pool tables or other similar amusement devices. Provided, however, the term “amusement device,” as used herein, shall not include musical devices, billiard tables which are not coin-operated machines designed exclusively for children and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports

ANTENNA

An instrument or device designed for transmitting or receiving any portion of the radio or microwave spectrum by residential uses and for noncommercial purposes

ANTENNA (AMATEUR RADIO OR CB RADIO)

Antennas not exceeding forty feet (40') in height above the ground elevation at the base of the tower, pole, structure or support

ANTENNA (COMMERCIAL) OR MICROWAVE TOWER

An antenna in excess of forty feet (40') in height from the base primarily used for commercial broadcasting. Also referred to as a microwave tower

ANTIQUE SHOP, SALES IN BUILDING

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

APARTMENT HOUSE

See Multiple-Family Dwelling

AUTO LEASING AND RENTING

Storage, leasing or renting of automobiles, motorcycles, and light load vehicles

AUTO PARKING LOT OR GARAGE

An area or structure designed for the parking of motor vehicles

AUTO PARTS, SALES IN BUILDING

The use of any building or other premise for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles

AUTO PARTS, SALES IN OPEN

The use of any land area for the outside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles

AUTO STORAGE

The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution or storage

AUTOMOBILE

A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses, motor scooters and motorcycles

AUTOMOBILE REPAIR GARAGE

An establishment providing major or minor automobile repair services to all motor vehicles, except heavy load vehicles

AUTOMOBILE REPAIR, MAJOR

General repair or reconditioning of engines, air conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under “Automobile Repair, Minor”; and other similar uses

AUTOMOBILE REPAIR, MINOR

Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under “Automobile Repair, Major” or any other similar use

AUTOMOBILE SERVICE STATION (GAS STATION)

Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automobile fuels, lubricants, and automobile accessories, including those operations listed under Minor Automobile Repair. Vehicles which are inoperative or are being repaired may not remain parked outside an Automobile Service Station for a period greater than seven days

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

BAKERY AND CONFECTIONERY WORKS

A manufacturing facility for the production and distribution of baked goods and confectioneries

BASEMENT (OR CELLAR)

A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises

BOARDING HOUSE

A dwelling other than a hotel, where for compensation, and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) persons or more, but not exceeding twenty (20) persons on a weekly or monthly basis

BUILDING

Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building

BUILDING HEIGHT

The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or a deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof

BUILDING LINE

A line parallel, or approximately parallel, to the front lot line at a specific distance therefrom, marking the minimum distance from the front lot line that a building may be erected

BUILDING, MAIN

A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated

BUILDING MATERIALS AND HARDWARE, INSIDE STORAGE

Materials and hardware customarily used in the construction of buildings and other structures, including facilities for storage inside a building

BUILDING MATERIALS AND HARDWARE, OUTSIDE STORAGE

Materials and hardware customarily used in the construction of buildings and other structures, including facilities for storage outside a building

BUILDING OFFICIAL

The building inspector or administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code

BUSINESS SERVICE

This group includes establishments primarily engaged in providing services, not elsewhere classified, to business enterprises on a fee contract basis, and including, but not limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing

CABINET AND UPHOLSTERING SHOP

An establishment for the production, display and sale of cabinets, furniture and soft coverings for furniture

CARPORT

A structure open on a minimum of three (3) sides designed or used to shelter not more than three vehicles and not to exceed twenty-four feet (24') on its longest dimension

CARWASH

Structure used to wash motorcycles, automobiles and light load vehicles

CEMETERY

Property used for the interring of the dead

CERTIFICATE OF OCCUPANCY

An official certificate issued by the City through the Building Official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued; may be referred to as an Occupancy Permit

CHILD CARE CENTER (OR DAY CARE CENTER)

Any place, home, or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation, excluding the caretaker’s own children, and which provides care after school for not more than six (6) additional elementary school siblings of the other children given care, but the total number of children, including the caretaker’s own children, does not exceed sixteen (16) at any given time. The term “child care center” shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school

CHURCH OR RECTORY

A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises

CITY COUNCIL

The governing body of the City of Italy, Texas

COMPREHENSIVE PLAN

Graphic and textual form policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City

COMMERCIAL AMUSEMENT (INDOOR)

An amusement or entertainment enterprise wholly enclosed and operated within a building. This includes, but is not limited to, bowling alleys, skating rinks, health clubs, racquetball clubs, dance halls or other entertainment-type clubs, bingo parlors, indoor tennis courts, swimming pools and nautilus facilities

COMMERCIAL AMUSEMENT (OUTDOOR)

An outdoor area or structure, open to the public which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-cart tracks, water slides and carnivals

COMMUNITY CENTER

A building or complex of buildings that house cultural, recreational, athletic, or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency

CONCRETE OR ASPHALT BATCHING PLANT (PERMANENT)

A permanent manufacturing facility for the production of concrete or asphalt

CONCRETE OR ASPHALT BATCHING PLANT (TEMPORARY)

A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed

CONSTRUCTION YARD (TEMPORARY)

A storage yard or assembly yard for building materials and equipment directly related to a specific construction project and subject to removal at completion of construction

CONTRACTOR’S SHOP AND STORAGE YARD

A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles

COUNTRY CLUB (PRIVATE)

A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests

COURT

An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space

COVERAGE

The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs

DISTRICT

Any section or sections of the City for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein

DRY CLEANING, SMALL SHOP

A custom cleaning shop or pickup station not exceeding 5,000 square feet of floor area, including but not limited to, dry cleaning plants having no more than 5,000 square feet of floor area

DWELLING

Any building or portion thereof, which is designed or used as living quarters for one or more families, but not including mobile homes (See Mobile Home)

DWELLING, SINGLE-FAMILY

A detached dwelling designed to be occupied by not more than one family

DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE)

A dwelling that is part of a structure containing three or more units, each designed for occupancy by one family with each unit attached by a common wall, a minimum of twenty (20) feet in length

DWELLING, TWO-FAMILY, “DUPLEX”

A detached dwelling designed to be occupied by two families living independently of each other

DWELLING UNIT (MODEL)

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

DWELLING, MULTIPLE-FAMILY

Attached dwelling units designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels

EASEMENT

A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity

ELECTRICAL SUBSTATION

A subsidiary station in which electric current is transformed

ENGINE AND MOTOR REPAIR

The adjustment, reconditioning or restoration to working order of engines and motors

FAMILY

One or more persons related by blood, marriage, or adoption, or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit

FAMILY HOME

A place where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two (2) persons

FARM, RANCH, GARDEN OR ORCHARD

An area of five (5) acres or more which is used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law

FEED STORE

An establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery

FIELD CONSTRUCTION OFFICE

A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project

FLEA MARKET

An outdoor, or partially indoor premise where the main use is the sale of new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects, or equipment, in small quantities, in broken stalls, lots or parcels, not in bulk, for the use or consumption by the immediate purchaser in a building, open air, or partly enclosed booths or stalls not within a wholly enclosed building. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal service establishments, food services establishments, retail services establishments, and auction establishments

This definition does not pertain to retail sidewalk sales or garage sales

FLOODPLAIN

An area of land subject to inundation by a 100-year frequency flood

FLOOR AREA

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways

FLORIST SHOP

An establishment for the display and retail sale of flowers, small plants and accessories

FOOD STORE

A business establishment that displays and sells consumable goods that are not to be eaten on the premises

FRATERNAL ORGANIZATION, LODGE, OR CIVIC CLUB

An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union

FURNITURE, HOME FURNISHINGS, AND EQUIPMENT STORES

This group includes retail stores selling goods for furnishing the home, including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances

GARAGE APARTMENT

A dwelling unit for one family erected in conjunction with a garage

GARAGE, PARKING

Any building, or portion thereof, used for the storage of four (4) or more automobiles in which any servicing provided is incidental to the primary storage use, and where repair facilities are not provided

GARAGE, PRIVATE

An enclosed (on at least three (3) sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests

GARDEN SHOP

A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building

GASOLINE SERVICE OR FILLING STATION

See Automobile Service Station

GENERAL COMMERCIAL PLANT

Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis, including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants

GENERAL MANUFACTURING

See Industrial, General

GENERAL RETAIL STORES

This major group includes retail stores which sell a number of lines of merchandise, including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc.

GOLF COURSE

An area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses

GYMNASTIC OR DANCE STUDIO

A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance

HEAVY LOAD VEHICLE

A self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term “truck” shall be construed to mean “Heavy Load Vehicle” unless specifically stated otherwise

HEAVY MACHINERY SALES AND STORAGE

A building or open area, other than a right-of-way or public parking area, used for the display, sale, rental or storage of heavy machinery, either machines in general, or a group of machines which function together as a unit

HELIPORT

An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities

HELISTOP

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

HOME OCCUPATION

Any occupation or activity carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings, provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used, except such as is customary for purely domestic or household purposes and does not create obnoxious noise or other conditions such as odor, increased traffic, smoke or electrical interference. A beauty or barber shop, tearoom or restaurant, rest home or clinic, doctor’s office or dentist’s office, child care center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation

HOUSEHOLD APPLIANCE SERVICE AND REPAIR

The maintenance and rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners and hair dryers

INDUSTRIAL, GENERAL

Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power-driven machines and materials-handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer

INDUSTRIAL PARK

A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility

KENNELS (INDOOR PENS)

An establishment with indoor pens in which more than four (4) dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for commercial purposes

KENNELS (OUTDOOR PENS)

An establishment with outdoor pens in which more than four (4) dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for commercial purposes

KIOSK

A small, freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes or the posting of temporary information and/or posters, automatic bank teller machines, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of twenty-five (25) square feet

LANDSCAPING

Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees or palms, and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving

LAUNDROMAT (OR SELF-SERVE WASHATERIA)

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

LIGHT LOAD VEHICLES

A self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight (GVW) not greater than eleven thousand (11,000) pounds, and having no more than two (2) axles, such as pickup trucks, vans, recreational vehicles, campers and other similar vehicles but not including automobiles and motorcycles

LIGHT MANUFACTURING

Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing. Such operations shall meet the performance standards, bulk controls, and other requirements of this ordinance

LOADING SPACE

An off-street space or berth used for the delivery and loading or unloading of vehicles

LOT

Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory building and uses, including such open spaces as are required by the Ordinance, and other laws or ordinances, and having its principal frontage on a public street or officially approved place (See Illustration 15)

LOT, AREA

The total area, measured on a horizontal plane, included within lot lines

LOT, CORNER

A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five degrees (135°)

LOT, DEPTH

The mean horizontal distance between the front and rear lot lines (See Illustration 15)

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot (See Illustration 8)

LOT, FLAG OR PANHANDLE

A lot having access to a street by means of a parcel of land having a depth greater than its frontage, and having a width less than the minimum required lot width, but not less than twelve (12) feet

LOT, INTERIOR

A lot other than a corner lot

LOT, KEY

A corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot

LOT FRONTAGE

That dimension of a lot or portion of a lot abutting on a street, excluding the site dimension of a corner lot

LOT LINE, FRONT

The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines (See Illustration 15)

LOT LINE, REAR

The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero (See Illustration 15)

LOT LINE, SIDE

Any lot line which is not the front or rear lot line (See Illustration 15)

LOT LINES OR PROPERTY LINES

The lines bounding a lot as defined herein

LOT OF RECORD

A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Ellis County

LOT WIDTH

The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line (See Illustration 15)

MAIN BUILDING

The building or buildings on a lot which are occupied by the primary use

MASONRY CONSTRUCTION

Exterior construction materials including brick, stone, granite, marble, concrete and other built-up/tilt panels

MASSAGE ESTABLISHMENT

Any place of business in which massage therapy is practiced by a massage therapist, as defined by State law. “Massage therapy,” as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law

MAUSOLEUM

Property used for the interring of the dead and where bodies are interred above ground in staked vaults

MEDICAL FACILITIES

MISCELLANEOUS RETAIL STORES

Establishments engaged in the retail sale of specialized lines of merchandise not elsewhere classified, including but not limited to drug, apparel and accessories, handcraft, and pastries

MOBILE FOOD UNIT

A unit designed to be readily movable and from which food or beverages are prepared and offered for sale, notwithstanding the use designations for mobile food units in Chapter 14A.

MOBILE HOME

A dwelling designed to be transported on its own chassis on the highway in one or more sections by a prime mover and which is constructed with a base section so as to be independently self-supporting and not requiring a permanent foundation for year-round living

MOBILE HOME DISPLAY AND SALES

The offering for sale, storage, or display of trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis

MODULAR HOME (OR INDUSTRIALIZED HOUSING)

"Modular home” means a structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards (Texas Manufactured Standards Housing Act, Article 1221f), and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in the Act, nor does it include building modules incorporating concrete or masonry as the primary structural component

MORTUARY OR FUNERAL PARLOR

A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation

MOTEL OR HOTEL

A building or group of buildings designed for and occupied as a temporary dwelling place of individuals and providing four or more room units where customary hotel services such as linen, maid service, telephone, and upkeep of furniture is provided

MOTORCYCLE

A usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this ordinance, motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles

MOTORCYCLE SALES [AND] SERVICE

The display, sale and servicing, including repair work, of motorcycles

MOTOR VEHICLE

Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses

MULTIPLE-FAMILY BUILDING

Same as Dwelling, Multiple-Family

MULTIPLE-FAMILY RESIDENCE

Same as Dwelling, Multiple-Family

NEW CAR DEALER

Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles

NONCONFORMING USE

A building, structure, or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, but which does not conform to the use regulations of the district in which it is situated

NURSERY

An establishment, including a building, part of a building or open space, for the growth, display and/or sale of large plants, shrubs, and trees, and other materials used in indoor or outdoor planting

NURSING HOME

A home where elderly or handicapped persons are provided with lodging, meals and nursing care

OCCUPANCY

The use or intended use of the land or buildings by proprietors or tenants

OFFICE, PROFESSIONAL, GENERAL ADMINISTRATIVE

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

OFFICE CENTER

A building, or complex of buildings, used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand

OFFICE-SHOWROOM/WAREHOUSE

An establishment with a minimum of seventy-five percent (75%) of its total floor area devoted to storage and warehousing but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas

OFFICIALLY APPROVED PLACE OF ACCESS

Access, other than a dedicated street, to a property which is approved by the City of Italy

OPEN STORAGE (ALSO OUTSIDE STORAGE)

The keeping or storing, outside a building, of any goods, material, merchandise, or equipment on a lot or tract for more than twenty-four (24) hours

PAINT SHOP

A commercial establishment where painting services are performed

PARK OR PLAYGROUND

A recreation facility, recreation center, or park owned or operated by a public agency such as a City or School District and available to the general public

PARKING LOT

An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles

PARKING SPACE

A permanently surfaced asphalt or concrete area, enclosed or unenclosed, with minimum space of 9' x 20' or 10' x 18' per vehicle, and a permanently surfaced driveway connecting the parking space with a street or alley, permitting ingress or egress of an automobile

PATIO HOME

(See Zero Lot Line)

PERSONAL SERVICE SHOP

Establishments primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and laundry pickup stations, and reducing salons/health clubs

PET SHOP

A retail establishment offering small animals, fish or birds for sale as pets, and where all such creatures are housed within the building

PLANNING & ZONING COMMISSION

A board, appointed by the City Council as an advisory body, authorized to recommend changes in zoning and other planning functions as delegated by the City Council

PLAT

A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Italy and subject to approval by the Planning & Zoning Commission and filed in the plat records of Ellis County

PLOT

A single unit or parcel of land or a parcel of land that can be identified and referenced to a recorded plat or map

PORTABLE BUILDING SALES

An establishment which displays and sells structures capable of being carried and transported to another location, but not including mobile homes

PREMISES

Land together with any buildings or structures situated thereon

PRIMARY USE

The principal or predominant use of any lot or building

PRINCIPAL BUILDING

Same as Main Building

PRINTING SHOP

An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization

PRIVATE RECREATION FACILITY

A recreation facility operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public

PRIVATE UTILITY, OTHER THAN LISTED

A non-public utility requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or public utilities

PUBLIC BUILDING

Any building (except a building used primarily for general office purposes) which is owned, leased, primarily used and/or primarily occupied by the State of Texas, the United States, the City of Italy, or any subdivision or agency of the State of Texas, the United States or the City of Italy, or by any public or quasi-public utility.

RAILROAD OR BUS PASSENGER STATION

Any premises for the transient housing or parking of motor-driven buses and trains and the loading and unloading of passengers

RAILROAD TEAM TRACK, FREIGHT DEPOT OR DOCKS

A facility/place for the loading and unloading of materials on trains

RAILROAD TRACK AND RIGHT-OF-WAY

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

RECREATION CENTER

A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities

RESIDENCE

Same as a dwelling; also, when used with District, an area of residential regulations

RESIDENTIAL DISTRICTS

District where the primary purpose is residential use

RESTAURANT OR CAFETERIA

An eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises, indoors, which may include a drive-in window

RESTAURANT (DRIVE-IN TYPE)

An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises

RETAIL OR SERVICE, INCIDENTAL

The rendering of retailing or services incidental to the primary use. Such uses include a barber or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Such uses shall have no separate outside entrance and no outside signage. “Incidental’ shall mean less than ten percent (10%) of the total allowed primary use.

RETAIL STORES AND SHOPS

An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods

ROOM

A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities

ROOMING HOUSE

See Boarding House

SALVAGE OR RECLAMATION OF PRODUCTS (ALSO SEE WRECKING YARD)

The reclamation and storage of used products or materials

SAND, GRAVEL, STONE OR PETROLEUM EXTRACTION

The process of extracting sand, gravel, stone or petroleum from the earth

SATELLITE DISH ANTENNA

SCHOOL, PRIVATE, PRIMARY OR SECONDARY

A school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public elementary or secondary schools

SCHOOL, PUBLIC OR PAROCHIAL

A school under the sponsorship of a public or religious agency providing elementary or secondary curriculum, but not including private trade or commercial schools

SCIENTIFIC AND INDUSTRIAL RESEARCH LABORATORIES

Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment

SERVANT’S QUARTERS

An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or a person or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, yardman, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections

SEXUALLY ORIENTED USES[1]

Establishments and businesses showing x-rated movies or live acts, displaying and selling pornographic material or books, and other uses dealing primarily with indecent or obscene materials, acts or paraphernalia

SHOPPING CENTER

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

SMALL ENGINE REPAIR SHOP

Shop for repair of lawnmower[s], chainsaws, lawn equipment, and other machines with one-cylinder engines

STABLE, COMMERCIAL

A stable used for the rental of stall space or for the sale or rental of horses or mules

STABLE, PRIVATE

An area used solely for the owner’s private purposes for the sale or keeping of horses, mules or ponies, and not kept for remuneration, hire or sale

STANDARD MASONRY CONSTRUCTION

Having at least seventy-five percent (75%) of the exterior walls of a building constructed of brick, stone or other masonry construction

STORY

That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as twelve feet (12')

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story

STREET

Any dedicated public thoroughfare which affords the principal means of access to abutting property

STREET, INTERSECTION

Any street which joins another street at an angle, whether or not it crosses the other

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of Building)

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls

STORAGE OR WHOLESALE WAREHOUSE

A building used primarily for the storage of goods and materials

STUDIOS FOR PHOTOGRAPHER, MUSICIAN, AND ARTIST

A building or portion of a building used as a place of work by a photographer, musician or artist

STUDIOS FOR RADIO AND TELEVISION

A building or portion of a building used as a place for radio or television broadcasting

TELEPHONE LINE AND EXCHANGE

A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage or repair yards

THEATER (DRIVE-IN)

An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles

THEATER (INDOOR)

A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performance

TIRE DEALER, NO OPEN STORAGE

A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage

TIRE DEALER, WITH OPEN STORAGE

A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage

TIRE RETREADING AND CAPPING

The process by which tires are treated with a new tread

TOOL RENTAL SHOP

A building or a portion of a building used for the display and rental of tools and instruments

TOURIST COURT

An area containing one (1) or more buildings designed or intended to be used as temporary sleeping facilities for one or more transient families and intended primarily for automobile transients

TOURIST HOME (BED AND BREAKFAST INN)

A dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation

TRADE AND COMMERCIAL SCHOOLS

Establishments, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art or occupation

TRAILER COURT OR MOBILE HOME PARK

A parcel of land which has been designed or improved or intended to be used or rented for occupancy by one or more trailer houses or mobile homes

TRAILER, HAULING

A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats

TRAILER HOME

See Mobile Home

TRAILER OR MOBILE HOME SPACE

A plot of ground within a trailer court designed for the accommodation of one mobile home

TRAILER RENTAL

The display and offering for rent of trailers designed to be towed by light load vehicles

TRAILER, TRAVEL OR CAMPING

A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants

TRANSFER STORAGE AND BAGGAGE TERMINAL

A facility for the storage of baggage and other items in transit

TRANSPORTATION AND UTILITY STRUCTURES/FACILITIES

Permanent facilities and structures operated by companies engaged in providing transportation and utility services, including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations

TRANSIT STATION OR TURNAROUND

Passenger terminal or loading facilities for a privately or publicly owned transit system

TRUCK

A light or heavy load vehicle (see definition for light and heavy load vehicle)

TRUCK AND BUS REPAIR

An establishment providing major and minor automobile repair services to heavy load vehicles

TRUCK AND BUS LEASING

The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor driven buses in operable condition and where no repair work is done

TRUCK PARKING LOT

Area for parking heavy load vehicles

TRUCK TERMINAL

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

TRUCK SALES (HEAVY TRUCKS)

The display, sale or rental of new or used heavy load vehicles in operable condition

USED CAR DEALER

Retail sales or offering for sale of used automobiles or light load vehicles

UTILITY DISTRIBUTION/TRANSMISSION LINES

Facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited, to electrical transmission lines, gas transmission lines and metering stations

VARIANCE

An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the City of Italy can grant a variance

VETERINARIAN CLINIC

An establishment, not including outside pens, where animals and pets are admitted for examination and medical treatment

WRECKING YARD (JUNKYARD) OR AUTO SALVAGE YARD

Any lot upon which two or more motor vehicles of any kind which are incapable of being operated due to condition or lack of license have been placed for the purpose of obtaining parts for recycling or resale

YARD

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used

YARD, FRONT

A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building (See Illustration 15)

YARD, REAR

A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See Illustration 15)

YARD, SIDE

A yard between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building (See Illustration 15)

ZERO LOT LINE DWELLING (PATIO HOME)

A lot in a Special Use Permit which is designed in such a manner that the side yard and adjacent use easement make maximum use of available land area to preserve an open, yet private, use of the side yard, and permits construction of a detached single-family dwelling with one side of such dwelling placed on the side property line

ZONING DISTRICT MAP

The official map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance