This ordinance, as passed and approved on the 14th day of June, 1988, together with all amendments thereto, is hereby amended in its entirety and shall be known and be cited and referred to as the Zoning Ordinance of the City of Jacksonville, Texas.

The purpose of this ordinance is to zone the entire area of the City of Jacksonville into districts to encourage and promote, in accordance with present and future needs, the safety, morals, health, order, aesthetics, convenience, prosperity and general welfare of the public. These districts have been designed to lessen congestion in the streets; to provide safety from fire and other dangers; to provide adequate light and air; to prevent the over-crowding of land, to avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements. These districts have been created with fair and reasonable consideration, among other things, of the character of each particular district and its peculiar suitability for particular uses, and thereby conserve the value of land and buildings in each particular district; and with a view of insuring the harmonious and appropriate use of all property and to prohibit the inharmonious and inappropriate use of all property and thereby promote the general good and welfare of the public.

Except as hereinafter provided, no building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any other purpose than is permitted in the district in which such building or land is located; no building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located; no lot or area shall be so reduced or diminished that the yards or other open spaces shall be smaller than that prescribed by this ordinance nor shall the yard or open spaces provided about and for any building for the purpose of complying with the provisions of these regulations be considered as providing a yard or open space for any other building.

The provisions of this ordinance shall be administered and enforced by the building inspector of the City of Jacksonville. All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the area to be built up, the size of the building to be erected and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the building inspector.

Abandoned sign: A sign erected on site in conjunction with a particular use where such use has been discontinued for a period of fourteen (14) days or more, or a sign for which the content pertains to a time, event or purpose which no longer applies.

Accessory building, structure or use: A subordinate building or use customarily incident to and located on the lot occupied by the main use or building.

Alley: A public right-of-way that affords a secondary means of access to abutting property.

Alteration: Any change, addition, or modification in construction, to include the structural members of a building, such as walls or partitions, columns, beams or girders.

Animated sign: Any sign using movement or lighting changes to depict action or create a special effect or scene, except LED displays on restaurant menu boards.

Apartment: A dwelling unit in an apartment building occupied as a place of residence.

Apartment building: A building or portion thereof arranged, designed for or occupied by three (3) or more families living independent of each other.

Architectural elevation: Any elevation of a building extending vertically from the grade to the top parapet wall or eaves, and horizontally across the entire width of the building elevation, including slanted wall surfaces sometimes referred to as the mansard.

Area, sign: The square footage of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself.

Attention-attracting device: Any device or object visible from any public right-of-way which is primarily designed to attract the attention of the public to a business institution, sign or activity through such means, including but not limited to illumination, color, size or location. Attention-attracting devices or objects often incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other devices designed to attract attention.

Auto laundry: A building or portion thereof containing facilities for washing automobiles using automated methods including chain conveyor, blower, steam cleaning device, or other mechanical devices. A self-service type carwash is an auto laundry.

Automobile repair, major: Major repair, rebuilding or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; 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, sparkplug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspections; 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 similar use.

Awning: Any non-rigid material, such as fabric or flexible plastic that extends from the exterior wall of a building and is supported by or attached to a frame without any supporting columns, poles or braces extended to the ground. Generally, an awning will cover either a window or an entrance to the principal building.

Awning sign: A sign located on an awning.

Bandit sign: Illegal signs usually used for advertising. Most common uses would include corrugated real estate signs or informational signs, also known as a stake sign.

Banner: Any sign printed or displayed upon cloth or other flexible material with or without frames. A banner is considered to be a temporary sign.

Bar: Where alcoholic beverages are sold for consumption on the premises and the majority of gross business is done from such sales.

Basement or cellar: A story wholly or partly (at least fifty (50) per cent), measured from floor to ceiling, below the level of the ground on the street side of the building. A basement is not counted when measuring the height of a building.

Bakery: A place for preparing, baking and selling all products on the premises where prepared.

Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same site as the light source. Also, any light with one (1) or more beams that rotate or move.

Billboard: An off-premises sign used to direct attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Billboard face includes the part of the sign that contains the advertising or information contents and all of the interrelated parts and materials, such as beams, poles, braces, apron, catwalk, and stringers, that are used, designed to be used, or intended to be used to support or display a sign face.

Block: A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, highways, streams, or corporate boundary lines. There may be more than one (1) numbered block as shown on a plat falling within a single block as herein defined.

Block face: A term of measurement, the distance along a side of a street between the nearest two (2) streets which interest said street on said side.

Board: Board of adjustment.

Boarding house: A building other than a hotel or motel where lodging and meals for five (5) or more persons are served for compensation.

Build: To erect, convert, enlarge, reconstruct, or alter a building or structure.

Buildable width: The width of a building site left to be built upon after the required side yards are provided.

Building: Any structure built for the support, shelter, or enclosure of persons, animals, or moveable property of any kind.

Building, detached: A building surrounded by yards or open space on the same building lot.

Building front: The primary pedestrian access point of an individual or multi-tenant business or entity.

Building inspector: The person charged with the enforcement of building codes of the City of Jacksonville.

Building permit: A permit issued by the city manager for construction, renovation or alteration of property.

Building sign: Means any sign attached to any part of a building, as contrasted to a "ground sign."

Building wall: An exterior load-bearing or non-load bearing vehicle structure encompassing the area between the final grade elevation and eaves of the building. It is used to enclose the space within the building. A porch, balcony or stoop is part of the building structure and may be considered as a building wall.

Cabinet sign: A cabinet sign is a wall sign consisting of (1) a frame and (2) face that is internally illuminated and (3) the entire sign is enclosed in a single frame.

Canopy: A roof structure constructed of rigid materials, including but not limited to, metal, wood, concrete, plastic, or glass, which is attached to a building, or which is free-standing and supported by columns, poles or braces extended to the ground. Unlike a marquee, a canopy generally has limited vertical surface area; and unlike an awning, a canopy is supported by vertical elements rising from the ground.

Carport: A structure open on a minimum of three (3) sides designed to shelter the owner's vehicles.

Cellar: See "basement."

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

Changeable copy sign: Any sign designed so letters or numbers attached or digitally displayed on the sign can be changed.

Changeable electronic variable message sign (CEVMS): A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light or text is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times which such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the national standard.

City council: The legally constituted and elected governing body of the City of Jacksonville.

Clinic: The office of one (1) or more medical doctors, dentists, optometrists, or similar members of the medical professions.

Club, private: A facility that provides dining, beverages, meeting space, recreational facilities or entertainment to specific members and their guests exclusively.

College or university: An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools.

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

Construction sign: Any sign bearing the names of contractors, architects, engineers, etc., or advertising, promotions, price ranges and similar information placed at a construction site which has received development plan approval or for which an active building permit exists.

Convalescent or nursing home: Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.

Court: An open, unoccupied space, bounded on more than two (2) 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 (1) side open to a street, alley, yard, or other permanent open space.

Coverage: The per cent of a lot covered by the first floor or the largest floor of a building or structure, including all porches, patios, garages, accessory buildings, etc. Unsupported roof overhangs and other allowed architectural projections shall be excluded from coverage computation.

Day nursery or day care center An establishment where four (4) or more children are left for care or training during the day or portion thereof. It is licensed by the Texas department of human resources.

Density: The relationship of the total number of dwelling units to the area of the total site area, commonly known as "dwelling units per acre."

Depth of lot: The mean horizontal distance between the front and rear lot lines.

Development: A group of houses or other buildings, residential or nonresidential which are built as a single construction project.

Dilapidated sign: A sign that is not secure or otherwise structurally sound, has defective parts, or is in need of painting or maintenance.

Directory sign: An on-premises ground or building sign which lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information with no commercial logos or messages.

District: A section of the city wherein regulations of this ordinance are uniform.

Dwelling, one-family (attached): A dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family and is located on a separate lot delineated by front, side and rear lot lines. A townhouse is an attached dwelling.

Dwelling, one-family (detached): A detached building having accommodations for and occupied exclusively by one (1) family.

Dwelling, multiple-family: Any building or portion thereof which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or residence of three (3) or more families.

Dwelling, two-family: A detached building having separate accommodations for and occupied exclusively by two (2) families living independently of each other.

Dwelling unit: A building or portion of a building which is designed for or used for residential purposes.

Enforcement officer: A person charged by the city manager to enforce the provisions of this chapter.

Family: One (1) or more persons related by blood, marriage or legal adoption or a group of not more than three (3) unrelated persons occupying a dwelling unit. A group of people occupying a boarding house, dormitory, lodging house, fraternity, hotel or similar establishment shall not be construed as a family.

Flag: Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity.

Flag pole: Means a vertical, freestanding pole that is permanently mounted in the ground in which to raise a flag.

Flashing sign: A sign, the illumination of which is not constant in intensity when in use, that exhibits sudden or marked changes in lighting effects. LED displays on restaurant menu boards are not considered flashing signs.

Flea market (indoor): The offering of any or all types of consumer goods (new and used) for sale, but excluding any display or sale in the open outside a building, and excluding food preparation, sale of automobiles, heavy machinery, animals, pets, livestock, fowl, reptiles, or fish.

Floor area: The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports, or garages.

Garage, private: A private garage is an attached or detached building designed or used for storage of motor vehicles owned and used by the occupants of the building.

Garage, public: A public garage is a building or portion thereof, other than a private or storage garage, designed and used for storing motor-driven vehicles.

Garage sale sign: A temporary residential sign advertising a garage/yard sale.

Governmental sign: A sign required, authorized or installed by any governmental entity, which is exempt from the permitting process.

Ground sign: A freestanding sign either one- or two-sided that is either temporarily or permanently attached to the ground.

Height: The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

(a)

The highest point of the roof's surface if a flat surface; or

(b)

The deck line of roofs; or

(c)

The mean high level between eaves and ridge for hip and gable roofs; and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been established officially, the average front yard shall be used as a base level.

Height, sign: The distance from the base of a sign at normal grade to the top of the highest attached component of the sign.

Holiday decorations: Displays erected on a seasonal basis in observance of religious, national or state holidays, which are not intended to be permanent and contain no advertising material.

Holiday season: Holiday season shall mean a designated time period for the display of holiday decorations as detailed in section (c), exempt signs. The established time periods are November 15 through January 15 and for all other nationally or regionally recognized holidays for a period not to exceed seven (7) days.

Home occupations: A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and which shall have the following characteristics:

(a)

The activity shall employ only members of the immediate family of the resident of the dwelling unit.

(b)

There shall be no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noises, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business.

(c)

Said home occupation shall not have a separate entrance for the business and shall not include continual visits by the general public.

(d)

There shall be no installation of machinery other than that normally customary to normal household operations.

Any business, occupation or profession conducted within a dwelling unit and which does not meet the aforesaid characteristics shall be construed to be a commercial activity and shall therefore be cause for the city to order a cessation to all such activity within said dwelling unit.

Hotel: An establishment offering lodging to the transient public for compensation. A hotel is distinguishable from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is a nonresidential use.

Hotels with a subordinate business: A subordinate business is one (1) that is a minimum of two thousand five (2,500) square feet and is separate legal entity. The subordinate business shall not be a subsidiary owned or operated by the hotel and must have its own sales tax and tax ID.

Hospital: A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have some but not all of these facilities.

Identification sign, building: A sign bearing such information as the name or identification of a building, date and incidental information about its construction, address of the premises or name of occupant, and so forth, but such sign does not contain any commercial logo or commercial message.

Illegal sign: A sign erected in violation of any regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of this chapter or any other applicable ordinance, or which is not deemed a conforming sign as set forth in this chapter, shall be considered an illegal sign.

Illuminated sign: A sign illuminated by electrical or other artificial devices.

Incidental sign: An informational sign, with a purpose secondary to the use of the site on which it is located, such as "no parking," entrance," "loading only," telephone" and similar information and directive type signs. Incidental signs contain no commercial message or commercial logo other than the name of the tenant or development.

Individual business or entity: Lot or tract containing one (1) authorized business use.

Inflatable signs: A sign made of flexible material or fabric made to take on a three-dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas.

Information (piece of): A word, whole number, telephone number, price, logo, picture, exclamation point or similar separately identifiable unit on a sign.

Institution: A building occupied by a nonprofit corporation or nonprofit establishment for public use.

Institutional use: For the purpose of determining allowable signage, a school, religious institution, or other use operated by a public agency or non-profit organization and permitted as a use in one (1) or more residential zoning districts in the City of Jacksonville. A childcare facility shall be considered an institution regardless of ownership or operation. For purposes of this chapter, an institutional use shall be under the sign requirements of a nonresidential area; however, should an institutional use be located within a residential district or area, then residential requirements shall prevail.

(a)

Uses treated as institutional uses under this definition and thus permitted to have institutional signs in residential zoning districts shall be those operated with a focus on public service rather than private profit;

(b)

In the context of the first principle, no commercial sign shall be permitted for any activity involving the sales of goods or the furnishing of services primarily for a profit. Private educational uses, such as dance, music, or karate studios, shall not be considered institutional uses for this purpose.

Internet cafe: A facility where a computer with internet access may be used for a fee.

Junk or salvage yard: A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, rubber tires and bottles. A junkyard includes an automobile wrecking yard and automobile parts yard. A junkyard does not include such use conducted entirely within an enclosed building.

Loading space: A space within the main building or on the same lot, providing for the off-street standing, loading or unloading of trucks or trailers.

Logo: The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols or illustrations, or the superimposition of letters or numbers of any other use of graphics or images other than the sequential use of letters and numbers.

Lost/found pet sign: A temporary residential use sign, which may be used to give a detailed description of the lost animal. A photo may be attached, if available, and the owner's name and contact number can be provided. Commercial advertising is prohibited in this type of sign.

Lot: Land occupied or to be occupied by a building and its accessory building and including such open spaces as required under this ordinance and having its principal frontage upon a public street or officially approved place.

(a)

Interior: A lot other than a corner lot.

(b)

Through: A lot having frontage on two (2) parallel or approximately parallel streets.

(c)

Fractional: A portion of a lot that has been cut off of a corner lot having the side adjacent lot as its rear line and the rear line of the remainder of the corner lot as a side line.

(d)

Depth: The mean horizontal distance between the front and rear lot lines.

(e)

Line: A boundary of a building lot.

(f)

Front: That boundary of a building lot which is upon or adjacent to the street. On corner lots, either street line may be selected as a front lot line, providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

(g)

Side: That boundary of a building lot which is not a front lot line or rear lot line.

(h)

Rear That boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line.

(i)

Width: The minimum distance between the side lot lines of a building lot measured along a straight line at the rear of the required front yard and parallel to the street line or a line tangent thereto.

(j)

Lot area: The area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.

Marquee: A roof-like structure that cantilevers from the wall of a building over its principal entrance, that has no vertical supports other than the wall from which it cantilevers, and that provides a wall surface at least four (4) feet high.

Marquee sign: A sign attached to or mounted on top of a marquee.

May: Indicates a permissive action.

Menu board: An accessory sign providing items and prices associated with a drive-thru window.

Mobile home: A structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and is thirty-two (32) body feet or more in length, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and is under the jurisdiction of the Texas department of labor standards.

Mobile home park: Any premises on which two (2) or more mobile homes are parked or situated and used for living or sleeping purposes, or any premises used or held out for the purpose of supplying to the public a parking space for two (2) or more mobile homes, whether such vehicles stand on wheels or on rigid supports. A trailer park is a mobile home park.

Modular home or industrialized housing: A residential structure that is:

(a)

Designed for the occupancy of one (1) or more families;

(b)

Constructed in one (1) or more modules or constructed using one (1) or more modular components built at a location other than the permanent site; and

(c)

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

Industrialized housing does not include:

(a)

Housing constructed of a sectional or panelized system that does not use a modular component; or

(b)

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Monument sign: A freestanding sign that is permanently attached to the ground, either one- or two-sided, and is the primary identifier of the property from adjacent public rights-of-way or private properties and meets the requirements of this Code, but not including a ground sign that conforms to the definition of "incidental sign." The sign may consist of either stone, concrete, metal, routed wood, planks, beams or similar materials or a combination thereof but shall be solid from the ground up and poles or supports shall be concealed.

Motel, motor hotel, or tourist court: An establishment offering to the transient public the use of guest rooms or sleeping accommodations, the majority of which have private and direct access from parking areas not through a common entrance and lobby. The establishment furnishes customary hotel services and many contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A motel is a nonresidential use.

Motorcycle: A usually two-wheeled, self-propelled vehicle having one (1) or two (2) 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.

Motor freight terminal: A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A freight terminal is a truck terminal.

Multi-occupant (in-line tenant) building: A building where tenants, occupants, or businesses share the same or common structure, but each tenant, occupant or business has a building front (i.e., store front) to where access is gained from the outside versus internally within the building. Such businesses within a building may be aligned in a row to where each tenant, occupant or business has direct access from the outside.

Multi-occupant (non in-line tenant) building: A building where tenants, occupants, or businesses share the same or common structure but are not aligned in a row with each occupant having a separate outside entrance. Such buildings are arranged to where outside entrances are shared in common, and few or no occupants, tenants or businesses have a building front (i.e., store front) or direct outside access but are primarily accessed internally within the building.

Neon signs: A sign that houses tubing to where such tubing is enclosed within an opaque casing that is not visibly exposed to the public.

Neon tubing: Electric-discharge tubing manufactured into shapes that form letters, parts of letters, skeleton tubing, outline lighting, other decorative elements, or art forms, and filled with various inert gases.

Nonconforming sign: Any sign that currently does not meet the requirements of this chapter but was approved as part of previously approved version of this chapter.

Nonconforming use: Any building or land lawfully occupied by a use at the time of the adoption of this ordinance or amendments thereto, which does not conform after the adoption of this ordinance within the district in which it is located.

Noxious matter: A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.

Off-premises sign: Any sign, commonly known as a billboard, that identifies or advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

Off-premises sign (temporary): Any sign used for a limited period of time, not permanently mounted and identifies or advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

On-premises sign (temporary): Any sign that is used for a limited period of time, not permanently mounted and identifies or advertises the business, person, activity, goods, products or services sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes.

Open space: That part of a building lot, including courts or yards, which:

(a)

Is open and unobstructed from its lowest level to the sky; and

(b)

Is accessible to all residents upon a building lot; and

(c)

Is not part of the roof or that portion of the building containing dwelling units.

Parking area: An open unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

Parking lot: An open, surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.

Pennant: Any lightweight plastic, fabric or other material, regardless of whether it contains a message of any kind that is suspended from a rope, wire, string or pole, usually in series and is designed to move in the wind.

Person: Any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.

Planning and zoning commission: The agency appointed by the city council as an advisory body to it and which is authorized to recommend changes in the zoning ordinance.

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 Jacksonville subject to approval by the planning and zoning commission. Reference to a plat in this ordinance means an official plat of record which has been approved by the planning and zoning commission and filed in the plat records of Cherokee County, Texas.

Pole sign: A freestanding sign which is supported by, and placed upon, one (1) or more poles.

Political sign: A sign attracting attention to political candidates or issues as defined by the V.T.C.A., Election Code § 41.001. A political sign is for temporary use only and can contain no commercial message.

Portable sign: Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels. Also, signs made as A-frames or T-frames, balloons used as signs and umbrellas used for commercial messages.

Poster box: A box installed on a wall for the purpose of displaying posters of shows at a theater limited to thirty-six (36) inches by fifty-four (54) inches; top of box limited to no more than ten (10) feet above the ground; can be internally illuminated.

Premises: Land, together with any building or structures occupying it.

Principal building: A building in which the principal business is conducted. A multi-occupant property may have more than one (1) principal building, but only structures regularly used for human occupancy may be considered principal buildings; not an accessory building.

Projecting sign: Any sign attached to a building wall and extending laterally more than eighteen (18) inches from the face of such wall.

Public event sign: A sign that transmits information regarding an event that is deemed to impact the community as a whole. These signs would advertise for events, including but not limited to, National Night Out, Lighting of the Angels, etc. Such sign shall require prior approval by the city manager. A public event sign is for temporary use only. This is not to be confused with a temporary event sign.

Public park: Any publicly owned park, playground, beach, parkway, greenbelt, or roadway within the jurisdiction and control of the city.

Real estate sign: A sign advertising real property for sale or lease. A real estate sign is for temporary use only.

Recreation area: A privately owned park, playground, or open space maintained by a community club, property owners' association or similar organization.

Residential districts: Includes the following districts: A, A1, A2, A3, A4, A5, B, B-MH1, B-MH2, C, D and E.

Residential sign: Any sign located in a district zoned for residential uses that contains no commercial message. This sign relates to personal affiliation, including, but not limited to a team church membership, etc.

Rest home or nursing home: A private facility for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury.

Retail stores and shops: Shall offer all types of consumer goods for sale, but excluding the display and sale in the open, outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials.

Roof sign: A sign that is placed above or supported on the top of a building.

Rotating sign: A sign that revolves around a fixed axis.

Sandwich board: A temporary freestanding sign which has two (2) sets of supports sharing at least one (1) common support, and capable of displaying two (2) message boards in boards in different, provided such double message boards are physically contiguous.

School: A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private, trade or commercial schools.

Screening device: Shall consist of a barrier of stone, brick, uniformly colored wood, or other permanent material of equal character, density and acceptable design, at least six (6) feet in height.

Servants' quarters: An accessory dwelling in a residential district for the use and occupancy by a member of the immediate family or a person or persons employed on the premises by the occupant on a fulltime basis for domestic help, such as a maid, yard man, chauffeur, cook or gardener.

Shall: A mandatory action.

Shopping center: A building or group of buildings, either connected or free-standing, under unified or multiple ownership of land parcels, that is designed as a shopping center with common parking, pedestrian movement, ingress, and egress, and used or intended to be used primarily for the retail sale of goods and services to the public. A shopping center can be designed as a multi-occupant (in-line tenant) building or a multi-occupant (non in-line tenant) building. The following are the types of shopping centers:

(a)

Small center: A lot or lots consisting of less than three (3) acres of land and containing more than one (1) authorized business use.

(b)

Large center: A lot or group of adjacent lots in the same subdivision, consisting of three (3) or more acres of land, and containing commercial or industrial land uses.

(c)

Super center: A lot or group of adjacent lots in the same subdivision, consisting of fifty (50) or more acres of land and containing commercial or industrial land uses.

Sign: Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Sign, advertising: An advertising sign is a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises.

Sign, business: A business sign is a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises.

Sign, flashing: A flashing sign is an illuminated sign on which the artificial light is not maintained stationarily, or in constant intensity or color at all times when such sign is in use. Flashing signs are expressly prohibited by this ordinance. For the purpose of this ordinance, any revolving illuminated sign shall be considered a flashing sign.

Sign, illuminated: An illuminated sign is a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises.

Sign permit application: A plan establishing the parameters for the size, location and design of signs on a property being constructed or managed as a single development.

Sight triangle (or horizontal sign distance): The horizontal and vertical areas at the intersection of streets and/or driveways which must remain unobstructed, as set forth in this Code, and state law, in order to ensure that drivers can see traffic and pedestrians around the corner of the intersection, entrance or driveway.

Site: A lot, tract or parcel of land considered as one (1) land-unit for purposes of this chapter. For a single-family residence, the site shall be the subdivided lot on which it is located. For multi-family projects, the site shall be all land occupied by the buildings in the project and adjoining such property and under common ownership with it. For vacant land, the site shall be all of the adjoining vacant land under single ownership. For single-occupancy, non-residential properties, the site shall be the subdivided lot that is occupied. For multiple-occupancy properties, the site shall be all land included under the original "site plan" or "subdivision plan" approval under this Code or all land included under the original "sign permit application" approval under this chapter or its predecessor, whichever land area is larger.

(a)

The intent of this definition is to treat as one (1) site an entire project as planned and developed together.

(b)

A single apartment complex shall be considered as occupying one (1) site.

(c)

A shopping center including out-parcels and separate buildings within it, regardless of whether ownership is common or separate, shall be considered as occupying one (1) site.

(d)

A group of office buildings, warehouses or industrial buildings under common ownership or management and approved within one (1) site plan with the city shall be considered occupying one (1) site.

(e)

In general, buildings that share parking or access shall be presumed to occupy one (1) site, subject to proof by the owners that the nature of the sharing arrangement is such that it should not be considered determinative for purposes of this chapter.

Site plan: A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features containing all the required information under the requirements of this chapter.

Skeleton tubing: Neon tubing that is itself the sign or outlines lighting and is not attached to an enclosure or sign body.

Street: A street is a public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building, shall not be considered a street.

Street line: A street line is the right-of-way of a street.

Street, private: A street which has no publicly dedicated right-of-way.

Subdivision identification sign: A sign that gives the name of a residential or nonresidential subdivision or multi-family development.

Suspended sign: A sign suspended from the underside of a horizontal plain surface and supported by such surface.

Temporary crisis shelter: A private or public facility for the temporary housing and sheltering of victims of a crisis or emergency situation.

Temporary event sign: Signs for temporary uses or special events, including but not limited to grand opening of businesses, business going out of business, a business under new management and the like.

Temporary sign: Any on- or off-premises sign that is used for a limited period of time and is not permanently mounted.

Theater: An establishment offering movies or live performances to the public, as more fully defined in this Code.

Traffic sign: A sign indicating federal, state, or municipal regulations for automobile, truck, bicycle or pedestrian movement.

Townhouse: Attached single-family dwelling units on individually platted lots.

Use, principal: A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use.

Variance: A special exception to this ordinance granted by the board of adjustments.

Vehicular sign: A sign painted on, attached to or pulled by a moving or parked vehicle and visible from the public right-of-way unless the vehicle is used in the normal day-to-day operations of the business. This definition shall not include signs that are being transported to a site of permanent location. For purposes of this chapter, a vehicle shall mean an automobile, truck, camper, tractor, van, trailer or any device capable of being transported and shall be considered a vehicle in both moving and stationary modes. Signs attached to or upon any vehicle shall be prohibited where such vehicle is allowed to remain parked in the same location or in the same vicinity, at frequent or extended periods of time, where the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment, service or product.

Wall area, exterior surface: This is an exterior single wall which projects, recesses, is off-set, jogs or otherwise varies or changes in elevation from the predominate wall plane. The concerned exterior surface wall area will be from the starting point of such wall recession, projection, job, off-set or otherwise variation or change in elevation from the predominate wall plane to the nearest point of termination of such wall recession, projection, offsetting, jogging or otherwise variation or change in elevation from the predominate wall plane. A parapet extending not more than twelve (12) inches above a flat roof shall be considered part of the exterior wall for purposes of determining signage.

Wall sign: Any sign painted on or attached to and extending not more than six (6) inches from an exterior wall in a parallel manner.

Windblown device: Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag (which is not of local, state, federal, corporate, nonprofit or religious origin) that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by wind, mechanical, electrical or any other means.

Window sign: Any sign that is applied to the inside of glassed areas of a building.

Yard: A yard is an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located.

Yard, front: A front yard is a yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, planter boxes, unenclosed porches and driveways.

Yard, rear: A rear yard is a yard extending across the rear of a lot between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, unenclosed porches or driveways.

Yard, side: A side yard is a yard between a building and the side lot line measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main building.

Zoning district map: The zoning district map is the map or maps incorporated into this ordinance as a part thereof by reference thereto.

(Ord. No. 735, § 1, 11-8-88; Ord. No. 766, § 1, 9-12-89; Ord. No. 1291, § 1, 2-13-07; Ord. No. 1480, § 1, 3-10-15; Ord. No. 1600, § 2(Exh. B), 7-13-21; Ord. No. 1620, § 1, 3-8-22; Ord. No. 1683, § 1, 1-14-25)

In order to ensure the uniform and equitable application of the zoning regulations as herein set forth, approved and established, the City of Jacksonville is hereby divided into twenty-one (21) "Use and Area" districts termed respectively as follows:

(a)

Maintenance of zoning map.

(1)

The official zoning map shall be kept in the office of the city secretary and one (1) copy shall be maintained in the office of the building inspector.

(2)

It shall be the duty of the city secretary to keep the official map current, and the copies thereof herein provided for, by entering on such maps any changes which the city council may from time to time order by amendments to the zoning ordinance and map. The city secretary, upon the adoption of this ordinance, shall affix a certificate identifying the map in his office as the ordinance zoning map of the city. He shall likewise officially identify the copies directed to be kept by the planning commission and in the office of the building inspector. All amendments of the map shall be made immediately after their enactment and the date of the change shall be noted on the certificate.

(b)

Rules for the interpretation of district boundaries.

(1)

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts shown on the zoning map, the following rules shall apply:

a.

Where district boundaries are indicated as approximately following the center lines of streets or highways, such center lines, street lines, or highway right-of-way lines shall be construed to be said boundaries.

b.

Where district boundaries are so dedicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

c.

Where district boundaries are indicated as approximately following or parallel to a drainage course or other prominent physical feature, such drainage course or parallel line shall be construed to be said boundaries.

d.

Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines of [or] right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale of said zoning map.

e.

Where district boundaries are so indicated that they are approximately perpendicular to the center line or right-of-way lines of streets, highways, or drainage courses, such district boundaries shall be construed to be perpendicular to said street, highways, or drainage courses.

f.

If unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

g.

In the case of a district boundary line dividing a lot into two (2) parts, the district boundary line shall be construed to be the lot line nearest the district boundary line as shown.

h.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley, or public way shall be extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

i.

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.