This chapter shall be known as the Jersey Village Development Code. This chapter is adopted pursuant to the authority contained in V.T.C.A., Local Government Code chs. 211 and 212.

(Ord. No. 95-04, § 1(100), 2-20-95)

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter conflicts or overlaps other regulations, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 95-04, § 1(101), 2-20-95)

(a)

The purpose of this chapter is the implementation of the comprehensive plan, specifically the goals, objectives and policies contained therein, and the protection of the health, safety and general welfare of existing and future residents of the city.

(b)

This purpose is met by:

(1)

Providing the means of implementing the policies and provisions of the comprehensive plan.

(2)

Guiding the growth of the city, concentrating more intense development in areas with high development capability and limiting development in areas of low capability.

(3)

Guiding, through the establishment of performance standards, the type, distribution and intensity of development.

(4)

Preserving neighborhood character in older established residential areas through supplemental standards intended to manage the nature and intensity of infill development, add-on construction, and reconstruction after removal of existing dwellings.

(Ord. No. 95-04, § 1(101), 2-20-95; Ord. No. 2013-46, § 1(Exh. A), 12-16-13)

All development or redevelopment shall comply fully with the provisions of this chapter and the standards contained in this chapter. Such compliance is a precondition for the issuance of any permits or approval of subdivision plats.

(Ord. No. 95-04, § 1(101.2), 2-20-95)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

AE means areas of the base (one percent or 100-year) flood where base flood elevations have been determined.

Accessory building means a building or structure customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.

Accessory use of a building means a subordinate use or building customarily incident to and located on the lots occupied by the main use or building.

Adult entertainment means an adult cabaret, adult encounter parlor, adult lounge, adult modeling studio, adult bookstore, adult movie theater, or any establishment whose business is the offering to customers of a product or service which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical areas. See also chapter 18, article II, section 18-31.

Advertising means to seek the attraction, or to direct the attention, of the public to any goods, services, merchandise, purpose or cause.

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

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

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

Alter means to change, rearrange, enlarge, extend or reduce any structure or part thereof on the same site.

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

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

Apparel manufacturing means a facility for the manufacture of garments.

Appeal means, for floodplain management purposes, a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

Appurtenant structure, for floodplain management purposes, means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

Area of future conditions flood hazard means the land area that would be inundated by the one percent annual chance (100 year) flood based on future hydrological conditions.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard (ASFH)—also referred to as a special flood hazard area (SFHA)— means the land in the floodplain within a community subject to a 0.2 percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-30, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/A, VO, V1-30, VE, V or X Shaded Zones.

Art gallery means a room or building used for the display or sale of works of art.

As-built documents means(s) legal papers prepared by a registered professional engineer and confirming that the public improvements are constructed as shown.

Assembling means a facility where previously manufactured parts are put or fit together for final assembly.

Auto body shop means any shop or garage, other than a private garage, where bodywork and painting are performed.

Automobile repair shop means a facility used for the repair or replacement of engines, transmissions, differentials, drivetrains, or any parts thereof, in addition to the replacement of parts, service, and incidental repairs to private passenger vehicles. A private passenger vehicle is defined as automobiles, motorcycles, station wagons, vans, SUVs, or pickup trucks reserved for personal use.

Bail bond service means an establishment that offers to act as a surety and pledges money or property as bail for the appearance of a defendant in court.

Bakery (industrial) means an establishment that is permitted for the production and/or wholesaling of baked goods, but where over the counter or other retail dispensing of baked goods shall be allowed incidental to the main use.

Bank, financial institution, and insurance service institution means an institution that is licensed to accept checking and savings deposits, make loans, and provide insurance.

Bar/club means an establishment that derives 51 percent or more of its income from the sale of alcoholic beverages. Such beverages are intended for consumption on the premises.

Barber, beauty store, or salon means an establishment that offers goods and services related to barbering, cosmetology, and hairdressing.

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

Base flood elevation (BFE) or base flood level means the elevation above mean sea level that floodwaters have been calculated to reach during the base flood at a specific location.

Basement, for floodplain management purposes, means any area of the building having its floor subgrade (below ground level) on all sides.

Beer and wine sales means an establishment that sells beer and wine not to exceed 17 percent alcohol by volume. This type of establishment can be stand-alone, or function as an ancillary use to a retail establishment.

Berm means a manmade, formed, earth mound of definite height and width used for obscuring purposes; the intent of which is to provide a transition between uses of differing intensity.

Billboard means an off-premises sign.

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

Blockface means the properties abutting on one side of a street between the two nearest intersecting streets or other physical features, such as a watercourse or unsubdivided land, that defines the end of the block.

Bookstore means a retail establishment that, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other printed or electronically conveyed information or media, excluding any "adult bookstore," "adult theater," "theater," or "studio theater."

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

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

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Brew pub means an establishment that is authorized to brew, bottle, can, package, and label beer, and sell or offer without charge, on the premises to ultimate consumers for consumption on or off those premises, malt beverages produced by the holder, in or from a lawful container to the extent the sales or offers are allowed under the holder's other permits or licenses. Food may also be served at this establishment.

Broadcasting studio means commercial and public communications uses, including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings.

Buffer means the area, space or physical means which is established to protect or insulate one land use or one building from another. Generally, buffering will be the use of landscaping (other than mere grass on a flat terrain) or the use of landscaping along with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street and adjacent property in a continuous manner, of vehicular use areas, parking lots and their parked cars, and/or detention ponds.

Buffer yard means a strip of land, including any specified type and amount of planting or structures which may be required to protect one type of land use from another, or minimize or eliminate conflicts.

Build means to convert, enlarge, reconstruct or alter a building or structure.

Building. See the definitions within the adopted building codes.

Building area means ground floor area computed by calculating the outside dimensions of exterior walls, excluding the floor area of garages, open or screened porches, basements or semifurnished storage rooms not used for residential purposes.

Building contractor and related activities means a facility used for conducting business related to the construction of buildings, either residential or commercial, including but not limited to the storage and operation of machinery and materials, fabrication of building-related products, and the provision of services.

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

Building line means a line parallel to the front lot line. A minimum building line is the same as the minimum required front setback line.

Building materials, sales, and storage means any location used for the sale and storage of materials used for the construction of various building-related projects, including but not limited to: residential and commercial structures, and site improvements.

Building, principal means a building in which is conducted the main or principal use of the lot on which such building is located.

Business frontage means the linear measurement from outer wall to outer wall of the side of the building which faces or fronts a street and which generally contains the primary entrance to the building.

Business purposes means the erection or use of any property, building, structure, permanent or temporary, for the primary purpose of conducting in such building or structure or on such property a lawful commercial enterprise in compliance with all ordinances and regulations of the city governing such activity. The term "business purpose" shall not include any property, building or structure erected or used for the primary purpose of securing a permit to erect a sign.

Cabana or dressing room means a small structure for use as a bathhouse adjacent to a swimming pool.

Cafe and cafeteria means a restaurant or dining room located in part of a business in which customers serve themselves or are served from a counter and pay before eating.

Cannabidiol shop (CBD shop) means a business establishment for which more than 15 percent of sales are derived from the retail sale of products related to or derived from CBD oil (cannabidiol) or hemp. This includes, but is not limited to, oils, vitamins, supplements, food, personal care, and garments.

Car wash means a facility intended for washing and cleaning of passenger vehicles which allows washing of multiple vehicles in a tandem arrangement while moving through the structure, to include detail areas, vacuum areas and a lobby.

Carport means a permanent structure that is attached to a residence or private garage, that covers a driveway, and that consists of a roof and one or more sides.

Cell phone and computer repair business means a business that provides small-scale electronic repair services for items of the general public, including, but not limited to cellphone repair, computer repair, and, other related minor repairs.

Certificate of compliance means a certificate issued by the city to a party intending to initiate any work or change any use of property in the city.

Child-care center means a facility licensed by the State of Texas to provide care at a location other than the permit holder's home, for seven or more children under 14 years of age, for less than 24 hours per day, but at least two hours a day, three or more days per week (40 TAC § 745.37(2)(D)).

Child day-care operation (licensed child-care centers and school-age program centers) means a facility licensed, certified, or registered by the Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

Cigar shop/lounge means a retail cigar establishment that excludes minors that in some cases includes an enclosed area within or attached to the establishment to be used as private cigar smokers' lounge.

City of Jersey Village: water supply reservoirs, filter beds, towers, surface or below surface tanks, artesian wells, water pumping plants, and water wells means any water system provided and maintained by the City of Jersey Village or a utility company that the city agency has specifically approved as acceptable.

Cleaners (clothing), tailor, and retail laundry means an establishment that washes, adjusts, and repairs personal clothing items.

Clinic means a building, other than a hospital as herein defined, used by one or more licensed physicians for the purpose of receiving and treating patients.

Clothing boutique means a small retail establishment that sells fashionable clothing or accessories.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics or similar activities, but not operated for profit and open only to members and not the general public.

Cold storage plant means a facility where, for compensation or reward received or promised, wildlife or fish or parts of them are processed and stored, either fresh or frozen, for later consumption.

Commercial building means any building where commercial activities take place, other than home occupations as defined in this section.

Commercial message means a message placed or caused to be placed before the public by a person directly involved in the manufacture or sale of the products, property, accommodations, services, attractions or activities or possible substitutes for those things which are the subject of the message; and that refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions or activities that are offered or exist for sale or for hire; or that attracts attention to a business or to products, property, accommodations, services, attractions or activities that are offered or exist for sale or for hire.

Commercial vehicle means any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds.

Commercial vehicle repair shop means a facility used for the repair or replacement of engines, transmissions, differentials, drivetrains, or any parts thereof, in addition to the replacement of parts, service, and incidental repairs to commercial vehicles.

Concrete product manufacturer means a facility in which concrete products are constructed for the purposes of decoration or artistic expression for sale off-premises.

Condominium. See unified development.

Conveyance means, unless otherwise determined by the city engineer, the flow of water during the base flood with a velocity that is greater than one foot per second or a depth that is greater than one foot.

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

Credit access business means a business that obtains credit for a consumer from an independent third-party lender in the form of a deferred presentment transaction or a motor vehicle title loan.

Critical facilities means those facilities essential to the preservation of life and property, including, but not limited to schools, nursing homes, blood banks, health care facilities including those storing vital medical records, housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood, hospitals, police, fire and emergency response installations, facilities used for the storage of critical records, and commercial installations which produce, use or store hazardous materials or hazardous waste as referenced in the high-hazard group (group H) of the adopted International Building Code and International Fire Code.

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

Curbline means an imaginary line drawn along the edge of the pavement on either side of a public street.

Dancing studio, exercise class, and martial arts facility means a facility in which students are instructed and educated on the particulars of a physical art form. This does not include adult uses such as adult cabaret.

Density means the average number of dwelling units per acre for the entire development, including streets.

Department store means a retail establishment that conducts business under a single owner's name wherein a variety of unrelated merchandise and services are housed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

Design flood elevation (DFE) means the elevation above base flood elevation (BFE) that the community requires - also referred to as freeboard.

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

Development, for floodplain management purposes, means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Distribution and warehousing means any location where goods are received and/or stored for delivery to the ultimate customer at remote locations.

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

Double-faced sign means a single sign with two parallel sign faces back-to-back.

Driving range means a commercial business equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting. This definition specifically does not include miniature golf courses or golf courses.

Drug store and pharmacy means a retail establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Dry cleaning and laundry plant (industrial) means a facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.

Dwelling, multiple-family means a building used or designed as a residence for three or more families living together independently of each other.

Dwelling, single-family means a detached building, designed for, or occupied exclusively by, one family.

Dwelling, two-family means a detached building, designed for, or occupied by, two families living independently of each other.

Dwelling unit means one or more rooms with bathroom and principal kitchen facilities designed as a self-contained unit for occupancy by one family for living, cooking and sleeping purposes.

Easement, utility means a right held by the city to make use of the land of another for a limited purpose, such as right of passage.

Educational institution, service, and learning center means any public, parochial, private, charitable, or nonprofit school, junior college, or university.

Electrical sign means a sign containing electrical wiring or utilizing electric current, but not a sign illuminated by an exterior light source.

Elevated building means, for insurance purposes, a non-basement building, which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Elevation certificate means a statement from an engineer or surveyor licensed by the State of Texas on the most current FEMA form certifying that the lowest floor of the structure has been elevated at least as high as required by this chapter, as well as the elevation of equipment and adjacent grade.

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

Excavation means any breaking of ground, except common household gardening, general farming and ground care.

Existing construction means, for the purposes of determining flood insurance rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. The term "existing construction" may also be referred to as "existing structures."

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

Expansion to an existing manufactured home park or subdivision, for floodplain management purposes, means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Family means:

(1)

One person, or a group of two or more persons living together and related by blood, marriage or legal adoption, living together as a single housekeeping unit. The person thus constituting a family may also include gratuitous guests and domestic servants.

(2)

A group of individuals not related by blood, marriage or legal adoption, but living together as a single housekeeping unit. For controlling of residential density, each such group of four individuals shall constitute of a family.

(3)

A group of not more than eight individuals, not related by blood, marriage or legal adoption, which group is comprised of individuals with disabilities protected under the Fair Housing Act, and where the group is not established within one-half mile of an existing like group.

(4)

A group of not more than six persons with disabilities and two supervisors residing in a qualified community home, as defined by the Texas Community Homes for Disabled Persons Location Act.

Farm implement machinery sales and storage means a facility that focuses on the sale and sales-related storage of farm implements and machinery together with the attachments, special service tools, or repair parts for such implements and machinery.

Farmers market means a food market temporary in nature at which local vendors sell various fruits, vegetables, meats, cheese, baked goods, and handmade items directly to consumers.

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

Firewall means a wall made of fireproof material to prevent the spread of a fire from one part of a building to another.

Flag lot means a lot which has minimum frontage on a public street, which is reached via a private drive or lane whose width some distance back from the street right-of-way, meets all ordinance requirements.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazards areas (SFHA)/areas of special flood hazards (ASFH) and the risk premium zones applicable to the community.

Flood insurance study (FIS). See flood elevation study.

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

Floodplain development permit means a permit issued under the provisions of this chapter for any development of a site located within a Jersey Village special flood hazard area (SFHA)/area of special flood hazards (ASFH).

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

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood proofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodproofing certificate means a certificate issued by a registered professional engineer licensed in the State of Texas which states that he has developed and/or reviewed the structural design, specifications, and plans for the construction of a structure or improvement covered by the certificate and that the design and methods of construction are in accordance with accepted standards of practice for meeting the following requirements:

(1)

The floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2 percent chance flood; and

(2)

Together with attendant utility and sanitary facilities, the structures are designed so that below the 0.2 percent chance flood level the structures are watertight with walls impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Floodway. See regulatory floodway.

Florist and flower shop means a retail establishment whose principal activity is the selling of plants that are not grown on the site and conducting business within an enclosed building.

Food processing and packaging, with the exception of slaughtering means a facility that prepares, processes, or cans and packages food products.

Food truck means a mobile vehicle equipped with facilities for cooking and selling food.

Food truck park means a property where two or more food trucks congregate to offer food or beverages for sale to the public.

Freeboard. See design flood elevation.

Freestanding structure means any building for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind and surrounded by yards or open space and not containing permanent provisions for living, sleeping or cooking.

Functionally dependent use means, for floodplain management purposes, a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Furniture manufacturing means a facility that manufactures or assembles articles such as tables, chairs, desks, or cabinets for use indoor or outdoor.

Garage, front load, means a private garage where the vehicle access doors to the garage face toward and are generally visible from a public view.

Garage, J-swing means a garage upon which the entry point from the street is located in front of the house and the garage door is perpendicular to the front of the house. A J-swing garage must have at least two windows, each 12 square feet or greater, oriented toward the front or the lot.

Garage, private means a garage intended for private use by the resident family with a ground floor capacity for not more than four automobiles or trucks of which not more than one vehicle shall be used for commercial purposes.

Garage, private, detached means a private garage constructed as a freestanding structure.

Garage, public means a structure used for the short-term parking of vehicles.

Garage, sideloaded means a private garage where the vehicle access doors to the garage are perpendicular to the front lot line and, therefore, are generally not visible from a public way, unless the lot is a corner lot and the garage loads to a side street.

Gasoline filling station means an establishment or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquified flammable gas, or flammable gas into the fuel tanks of motor vehicles.

General retail means a shop or establishment for the sale of goods or merchandise from a fixed location, such as a department store, boutique, or kiosk, in small or individual lots for direct consumption by the purchaser. Retail shops or retail trade specifically excludes: pawnshops, head/smoke shops, and hookah bars/lounges.

Golf course and country club means a tract of land laid out with a least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, driving range, and shelters as accessory uses.

Grade means a ground elevation established for the purpose of controlling the number of stories and the height of any structure. The building grade shall be determined by the level of the ground adjacent to the walls of any structure if the finished grade is level. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the structure.

Grand opening means the commencement of operation by a business in a new location or the assumption of ownership of an existing business by a new owner or group of owners.

Grocery store means a retail establishment for the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.

Ground sign means a sign which is a pole sign, a monument sign or a nonconforming billboard which exists on the effective date of the ordinance. See Figure 14-19.

Habitable floor means, for the purpose of flood hazard regulation, any floor usable for the following purposes which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a habitable floor.

Half-street means a vehicular accessway created if only a portion of the required right-of-way width or pavement width is dedicated and/or constructed.

Hardware store means a retail establishment where items such as plumbing, heating, and electrical supplies, sporting goods, and paints are sold.

Head/smoke shop means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store, or similar retail use that only sells conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restrictions in this chapter.

Health club, also includes the terms athletic club, gym, fitness studio, and fitness center, means a place of business which provides a place for a variety of physical exercises including facilities or studios for personal training, physical fitness training, weight and aerobic training, free weights, spinning/cycling, circuit training, yoga, Pilates, racquetball/squash courts, group fitness classes, boxing, wrestling, martial arts training, basketball courts, swimming pools and swimming lessons.

Heating, plumbing and air conditioning, sale and repair means a facility that offers parts, maintenance, and repair services for heating, ventilation, air conditioners, and related plumbing.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior or;

b.

Directly by the Secretary of the Interior in states without approved programs.

Home good store means a retail establishment that offers the sale of furniture, linens, cooking products, art, and other home accessories.

Home occupation means an accessory occupational use conducted entirely within a dwelling unit by its inhabitants that is clearly incidental to the use of the structure for residential purposes and that does not change the residential character of the site. A home occupation may include an operation in which members of the immediate family sell or offer for sale articles which they produce on the premises; but home occupation does not include operations that use persons who do not reside on the premises to either:

(1)

Sell or offer for sale such articles; or,

(2)

Produce such articles. Additionally, animal hospitals, animal kennels, barber shops, beauty shops, clinics, doctor's offices, dress shops, hospitals, insurance offices, millinery shops, real estate offices, tearooms, tourist homes, palm readers, fortune tellers, among others and as examples only, are not home occupations.

Hookah bar/lounge means an establishment used for the sale of shisha for consumption on the premises or for sale or rental of accessories used for smoking shisha on the premises.

Hospital means an institution, licensed by the state department of health, providing primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

Hotel and motel means a building in which lodging is provided or offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby. Guest rooms must be accessible only through interior corridors of the hotel building. The lobby and registration area must communicate directly with corridors/elevators to attain interior room access.

Industrial means a business, plant or enterprise for production of goods, merchandise or machines.

Instrument and meter manufacturing means a facility for the manufacturing of electronic instruments and meters for measuring the amount of electricity consumed by a residence, a business, or an electrically powered device.

Integrated business development means commercial development such as a strip center, mall, multitenant office building, commercial center or industrial complex in which two or more separate businesses occupy a single structure or multiple structures which share on-site parking facilities and common driveways.

Jewelry and watch manufacturing means a facility for the manufacturing or assembling of jewelry or watches.

Junk or salvage yard means any location whose use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled, or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires, and bottles.

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

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

Library and museum means any location that engages in the loan, or display of books, paintings, sculptures, or other works of art.

Liquor store (excluding drive-up or pick-up services) means a retail establishment permitted by the Texas Alcoholic Beverage Commission (TABC) to sell liquor, malt, and vinous liquors on-premises to consumers for off-premise consumption.

Logo sign means a sign operated and maintained by the state department of highways and public transportation within the public right-of-way along a country toll road which bears the name and trademark design of a business.

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

Lot depth means the distance on a horizontal plane between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot line, front means, for interior lots, a line separating the lot from the street; for corner lots, a line separating the narrowest street frontage of the lot from the street, except in those cases where the deed restrictions specify another line as the front lot line. In all cases the front lot line of a nonresidential lot shall be that side adjacent to the highest volume street.

Lot line, rear means a lot line opposite and most distant from the front lot line.

Lot line, side means any lot line not a front line or rear lot line.

Lot lines means front, rear, or side lot lines, or a combination thereof.

Lot of record means a lot which is part of a platted subdivision, the plat of which is recorded in the office of the county clerk; a parcel or lot the deed for which was recorded in the office of the county clerk prior to March 1, 1982, and which has not been partitioned in any manner since that time.

Lot width means the distance on a horizontal plane between the midpoint of the side lot lines.

Lowest floor means, for floodplain management purposes, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of section 60.3 of the National Flood Insurance Program regulations.

Machining means a manufacturing process that creates the desired shape by removing unwanted material from a larger piece of material.

Manufacture of printed material means a facility involved in the manufacturing and publishing of periodicals, books, or other printed materials.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailer, travel trailers and other similar vehicles placed on a site for greater than 190 consecutive days. For insurance purposes the term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision, for floodplain management purposes, means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

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

Marquee sign means a sign on a marquee. See Figure 14-19.

Masonry means that form of construction composed of stone, brick, concrete, hollow clay tile, decorative concrete block or tile, glass block or other similar building units or materials or a combination of these materials laid up unit by unit and set in mortar. For the purposes of this definition, true stucco is considered masonry.

Massage establishment means a structure in which massage therapy is advertised for, provided, supported, or allowed. A massage establishment shall be licensed under V.T.C.A., Occupations Code Ch. 455. A massage establishment shall in no way advertise for, provide, support, or allow any activity that is contemplated under chapter 18, article II of this Code.

Massage therapy means the services contemplated in V.T.C.A., Occupations Code Ch. 455. Massage therapy includes, but is not limited to, the business of manipulation of the human body by hand or through a mechanical or electrical apparatus, and includes stroking, kneading, percussion, compression, vibration, friction, nerve strokes, and other similar actions. Massage therapy includes, but is not limited to, massage, therapeutic massage, massage technology, myotherapy, body massage, and body rubbing. Massage therapy includes reflexology only when such reflexology involves work on the hands and feet and no other part of the human body is touched. Where massage therapy is permitted under this Code and under V.T.C.A., Occupations Code Ch. 455, it shall in no way permit the advertisement for, provision, support, or allowance of any activity that is contemplated under chapter 18, article II of this Code.

Mean sea level means, for purposes of the National Flood Insurance Program, the North American Vertical Datum of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Medical and dental office means an establishment used exclusively by physicians, dentists, chiropractors, acupuncturists, physical therapists, and other health-related offices. No overnight patients occupy the premises.

Medical research and development means a facility that conducts biology, chemistry, pharmacology, and toxicology research, development, and controlled production of medicines, medical procedures, or improving the application of those already available.

Mini storage lot means any structure designed or built with compartments to be used for individual storage of household items or business inventory by two or more clients on a lease or rental basis. In no case may storage spaces be used in a retail, wholesale, business, or service function, nor shall the storage spaces be used for workshops, hobby shops, manufacturing, or similar uses or functions.

Mini-storage facilities means any structure designed or built with compartments to be used for individual storage of household items or business inventory by two or more clients on a lease or rental basis. In no case may storage spaces be used in a retail, wholesale, business, or service function, nor shall the storage spaces be used for workshops, hobby shops, manufacturing, or similar uses or functions.

Miniature golf course means an establishment providing a novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners, and obstacles.

Minimum flood protection elevation is the community's design flood elevation in any given area, and specifically means the 0.2 percent flood elevation, plus two feet, or three feet for critical facilities and floodway locations. See table 14-5 in section 14-222(5).

Mobile home means a movable or portable dwelling structure which is constructed to be towed on its own chassis, is capable of being connected to public utilities, and is designed for year-round living as a single-family dwelling unit without the necessity of a permanent foundation. The term "mobile home" shall not include pickup campers, travel trailers, motor homes, converted buses, tent trailers or other transportable structures designed for temporary use (see also Manufactured home).

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

Model home means a single-family residential structure used temporarily as an office for the sale of single-family residential structures in the same platted subdivision.

Monument sign means a ground sign supported by a solid base which is equal to but not more than 15 percent larger than the sign face base which contains no commercial message and is not attached to any building. See Figure 14-19.

Motor vehicle sales means an establishment used for the sale or rental of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. This use includes new and used car dealerships, motorcycle dealerships, and boat, trailer, and recreational vehicle dealerships.

Multifaced sign means a single sign with two or more faces which are not parallel or back-to-back.

Multi-family housing for senior citizens means a multi-family development intended for the sole occupancy of senior citizens.

Multi-purpose entertainment complex means an establishment that may include food and drink sales and provides the general public with amusement or activities, including but not limited to bowling alleys, laser tag, mini-golf, bumper cars, skating rinks, trampoline parks, theatres, or similar activities.

Municipal and governmental buildings, police stations and fire stations means government offices including but not limited to, accounting, auditing and bookkeeping services; engineering and planning; attorneys; court services; technology services; public safety services; public works; utilities; administrative office facilities; management, public relations services; and related government uses.

Musical instrument shops and supply store means a retail establishment focused on the sale of musical instruments, equipment, and related components.

Nameplate means a sign which denotes only the name of the person occupying the premises.

New construction means, for the purpose of determining flood hazard insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commences on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

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

Noncommercial message means a message that is not a commercial message.

Noncommercial sign means a sign directing attention to a purpose or cause not created or existing for the generation of profit or for the remuneration of individuals including, but not limited to, religious, charitable, civic or educational purposes or causes.

Nonconforming building (nonconforming structure) means a building or structure (or portion thereof) lawfully existing at the time of adoption of the ordinance from which this chapter derives, or subsequent amendment thereto, that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the district in which it is located.

Nonconforming use means the use of a building or structure or of a parcel or tract of land, lawfully existing at the time of adoption of this chapter or subsequent amendment thereto, that does not conform to the regulations of the district in which it is situated.

Nursing care center means a facility that provide nursing services and custodial care on a 24-hour basis for three or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services.

Off-premises sign means a sign which identifies a use, facility or service which is not located on the premises where such sign is displayed; identifies a product which is not produced, sold or manufactured on the premises where such sign is displayed; or advertises or otherwise directs attention to a product, service, activity, person, institution, facility or business which may or may not be identified by a brand name and which occurs or is primarily conducted, sold, manufactured, produced or offered elsewhere than on the premises where such sign is displayed.

Office supply store means a retail establishment focusing on the sale of machines, equipment, stationery, and other items found in personal and business offices.

Oil, gas, and minerals; extraction, production, drilling operations, etc. includes and shall mean any hole or bore, to any sand, formation, strata or depth, which is drilled, bored, sunk, dug, or put down for the purpose of either exploring for or ascertaining the existence of oil, gas, liquid hydrocarbon, or for the purpose of producing and recovering any oil, gas, liquid hydrocarbon, or wellbores for disposal of saltwater or other oil and gas waste. All technical or oil and gas industry words or phrases used in this article and not specifically defined herein or in the Texas Railroad Commission Rules for Oil, Gas and Geothermal Operations or Pipeline Safety Rules shall have the meaning customarily attributable thereto by prudent operators in the oil and gas industry.

On-premises sign means a sign which identifies the name of the owner or occupant of the premises on which the sign is located; identifies a use, facility or service located on the premises where such sign is displayed; identifies a product which produced, sold or manufactured on the premises where the sign is located; or advertises or otherwise directs attention to a product, service, activity, person, institution, facility or business which may or may not be identified by a brand name and which occurs or is primarily conducted, sold, manufactured, produced or offered on the premises where the sign is located.

Optical goods manufacturing means a facility that manufactures eyeglasses, contact lenses, or any related items (i.e. contact solution, cases, etc.).

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

Parking lot means any location that is used for the short-term outdoor storage of passenger motor vehicles. Overflow parking for motor vehicles sales is specifically prohibited outside the Motor Vehicle Sales Overlay District.

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

Pawnshop shall have the meaning set out in V.T.C.A., Finance Code § 371.003.

Permanent produce market means a specified land area managed by a single operator who leases space/stalls for the outdoor sales of fresh fruit and produce foods products; meat and fish items; plants and flowers; or, bakery goods, dairy products, delicatessen, and grocery items. Does not include a temporary event farmers market.

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

Pet and pet supply store means a retail establishment that sells animals and pet care resources to the public.

Place of worship means a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such purpose.

Planned unit development (PUD). See unified development.

Plant nursery means an establishment where plants are propagated and grown to a desired size for sale to the public, businesses, and commercial gardeners.

Pool supply store means a retail establishment that sells equipment and chemical treatments for pools and hot tubs.

Portable sign means a sign designed or constructed to be easily moved from one location to another, including signs mounted upon, or designed to be mounted upon, a trailer, bench, wheeled carrier or other motorized or nonmotorized mobile structure or vehicle, whether or not its wheels have been removed. For the purpose of this chapter, trailer signs and signs on benches are portable signs.

Precious metal dealer means any natural person, partnership, or corporation, either as principal or agent engaging in the business of buying secondhand items containing precious metal, including, but not limited to jewelry, watches, eating utensils, candlesticks, and religious and decorative objects.

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

Private street means a vehicular accessway under private ownership and maintenance providing access to building units in the interior of a lot.

Professional and technical services means an establishment that specializes in performing professional and technical activities for others. Activities performed include, but are not limited to, legal advice and representation; accounting, bookkeeping, and payroll services; architectural, engineering, and specialized design services; computer services; consulting services; advertising services; photographic services; translation and interpretation services; and other professional and technical services.

Professional office and business office means professional and business offices including accounting, auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; employment, stenographic, secretarial, and word processing services; administrative office facilities; photography and commercial art studios; writers and artists offices outside the home. Does not include medical offices or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessories to another use are allowed as part of an approved principal use.

Projecting sign means a sign which is affixed to a building wall or structure and which extends beyond the building wall or structure more than 12 inches.

Public improvement means one or more of the following: water lines and appurtenances, sewer lines and appurtenances, streets and/or drainage facilities.

Public park and playground, public recreational facility, and community building means any public location managed by the city for use by the residents.

Public right-of-way means any part of a right-of-way, not privately owned or controlled, which the city or other governmental agency is responsible for maintaining.

Public street means the entire width between property lines of any road, street, way, alley, bridge or other similar thoroughfare, not privately owned or controlled, which is open to the public for vehicular traffic and which the city or other governmental agency is responsible for maintaining.

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

Railroad and related facilities means public or private right-of-way on which tracks for trains are constructed. Railroad yards and stations shall be classified as cargo or passenger terminals and are a permitted incidental use.

Reader panel means a permanently constructed changeable copy bulletin board, lighted or unlighted, with detachable precut letters and figures.

Real estate, rental, and leasing office means an establishment that arranges the sale, renting, or management of homes, land, and buildings for their owners or their clients.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and,

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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

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

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

Restaurant and delicatessen means an establishment that serves food and may offer any alcoholic beverage (beer, wine, ale, and distilled spirits) to customers for consumption on premises and may not derive more than 51 percent of its sales from alcoholic beverages.

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

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Roof sign means a sign erected or maintained above or on the sloped roof of any building or above the parapet wall or the mansard roof of a flat-roof building.

Roofline means the height above finished grade of the upper beam, rafter, ridge or purlin of any building.

School-age program center means a facility licensed by the State of Texas providing supervision and recreation, skills instruction, or skills training for at least two hours a day and three days a week to children attending pre-kindergarten through grade six. A school-age program operates before or after the customary school day and may also operate during school holidays, the summer period, or any other time when school is not in session (40 TAC § 745.37(2)(H)).

Scientific research and development means a facility in which scientific research, investigation, testing, or experimentation is conducted, but not including the manufacturing or sales of products, except as incidental to the main purpose of the laboratory.

Screening means fences, walls, trees, shrubbery and other landscape elements used to conceal or interfere with the view and reduce noise impact thereof from adjacent properties and public rights-of- way at street level in accordance with the standards set forth in this chapter.

Setback means the minimum unoccupied distance between the lot line and the principal and accessory buildings, as required in this chapter.

Setback, front means the minimum unoccupied distance, extending the full lot width, between the principal and accessory buildings and the front lot line.

Setback, rear means the minimum required unoccupied distance, extending the full lot width, between the principal and accessory buildings and the lot line opposite the front lot line.

Setback, side means the minimum required unoccupied distance, extending from the front setback to the rear setback, between the principal and accessory buildings and the side lot line.

Sheet metal processing means a facility that processes sheet metal (usually below six millimeters), this includes, but is not limited to, shearing, blanking, bending, welding, riveting, molding, and surface treatment.

Short-term rental means the rental of all or part of a residential property to a person who is not a permanent resident, and who does not have the right to use or possess the property for at least 30 consecutive days.

Sign means any structure, part thereof or device of inscription which is located upon, attached to, or painted or represented on any land or on the outside of any building or structure, or on an awning, canopy, marquee or similar appendage, or displayed or shown so as to be seen from the outside of the building or structure, and which displays or includes any numeral letter, work model, banner, emblem, insignia, symbol, device, monogram, heraldry, trademark, light or other representation used as or in the nature of an announcement, advertisement, attention arrester, direction warning or designation of any person, industry or activity, or any combination thereof.

Sign and architectural graphic manufacturing means a facility where signs and graphics are manufactured for sale for the purpose of advertising, delivering messages, or decoration.

Sign area means the total square footage of all sign faces, including that portion of the sign structure or trim which contains any wording, symbols, identifying color or pictures; provided, however, that in the case of a double-faced sign, the sign area shall be the total square footage of one face.

Sign face means the sign face area of any sign upon, against or through which the message is displayed or illustrated; provided, however, that the sign face area of a sign on which the words, letters or symbols are independently mounted shall be that of the smallest regular geometric form that will wholly contain all of the message. See Figure 14-19.

Sign structure means a structure which supports or is capable of supporting a sign. A sign structure may be a single pole and may or may not be an integral part of a building.

Single-occupant detached commercial or industrial building means a commercial or industrial building which contains a single occupant and which is not a part of an integrated business development or which is located in a reserve that is part of, but is physically separated by a distance of more than 50 feet from any other structure in, an integrated business development.

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

Special flood hazard area (SFHA). See area of special flood hazard.

Specialty food store means an establishment that offers premium food products including baked goods, candy and chocolate, snacks, dairy products, coffee, tea, soft drinks, and gourmet foods.

Spectacular sign means a sign that has one or more of the following as elements in its physical structure:

(1)

Automatically changing advertising that changes more often than once every five minutes (not including date, time, temperature);

(2)

Blinking, rotating, moving, chasing, flashing, glaring, strobe, scintillating or spot lights, or similar devices;

(3)

Lights or colored elements creating a continuously moving, shimmering or prismatic effect; or

(4)

Rotating or moving parts.

Sporting good sales means a retail establishment that offers for sale sporting goods, equipment, athletic apparel, and other merchandise that reflects a sports theme.

Stadium means a building with tiers of seats designed to accommodate spectator sports and other types of public amusement and entertainment.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), for flood hazard management purposes, includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways, nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Story means that part of a building between the surface of a floor and the ceiling immediately above.

Story, half means that which covers a floor area of not more than 50 percent of the floor area and the ceiling immediately above.

Street means any public or private street or easement used for access.

Street, arterial means roads of regional importance or the main roads of a community. Direct access is primarily limited to significant land uses.

Street, collector means that which provides access to nonresidential land uses and connects residential streets to the system's arterial streets.

Street, expressway means a road intended to serve interstate or high speed, high volume urban traffic. Access to an expressway is limited to other expressways and major streets.

Street frontage means the length of a lot or tract of land which is adjacent to a public or private street.

Streetline means the line establishing the outer most boundary of the street right-of-way.

Street, local means a street which provides access to adjacent land; characterized by low volume and low speeds.

Structural alterations means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Structure means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground including, but not limited to, buildings of all types, advertising signs and billboards, but excluding basketball goals and ornamental yard lights. (See also the adopted building codes.)

Structure, for floodplain management purposes, means a walled and roofed building or structure, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. This includes a fence or a wall per the adopted building codes.

Subdivision plat means a map or drawing of a proposed subdivision prepared in a manner suitable for recording in the county records and containing accurate and detailed engineering and survey data, dimensions, dedicatory statements and certificates. (For preliminary plat: See section 14-55(1); for final plat: See section 14-55(2)).

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

Substantial improvement, for flood hazard management purposes, means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or,

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Tattoo parlor and body modification shop means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. This use does not include permanent make-up associated with an accessory use in an established salon.

Telecommunication tower means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers, or similar structures supporting said equipment, equipment buildings, parking areas, and other accessory development.

Telephone switching facility means a facility housing a telecommunications system used in the public switched telephone network (PSTN) or in large enterprises.

Temporary building means a building used for a temporary period of time in connection with construction on the premises of which it is located, real estate sales, and educational, municipal or church functions.

Temporary sign means a sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material. A portable sign shall not be considered a temporary sign.

Theater means an establishment for showing live performances, movies, and motion pictures. This term does not include adult entertainment.

Townhouse means a structure which is one of a series of dwelling units designed and used for only single-family occupancy, ground to sky, with no entrances or exits to or from the adjoining structures, if any.

Truck terminal means any premises used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.

Underground shelter means any structure built primarily below ground level.

Use means the purpose or activity for which any land or building is designed, arranged or intended, or for which it is so occupied or maintained, and shall include any manner of such activity with respect to the standards of this chapter.

Utility structure means any structure built for the storage of tools, such as garden and lawn equipment, or for projects and hobby activities, such as carpentry.

Utility substation and power lines means electric power lines and electric substations, including accessory uses customarily incidental thereto; provided that any such accessory use shall not be so obnoxious or offensive as to be reasonably calculated to disturb persons of ordinary temper, sensibilities, and disposition by reason of vibrations, noise, view or the emission of odor, dust, smoke or pollution of any other kind. The height and area, construction, and other regulations provided by this section shall not apply to uses allowed in the subpart.

Variance, for flood hazard management purposes, means a grant of relief by a community from the terms of a floodplain management regulation (For full requirements see section 60.6 of the National Flood Insurance Program.)

Veterinarian services means a facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Violation, for flood hazard management purposes, means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 14-225 and in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program is presumed to be in violation until such time as that documentation is provided.

Wall line means the surface that connects the foundation to the roof.

Wall sign means a flat sign, either of solid face construction or individual letters, symbols or pictures, erected, installed or printed, which is placed against the exterior wall of any building or structure and which does not extend more than eight inches from the exterior wall and does not extend above the wall line.

Water surface elevation means the height, in relation to the North American Vertical Datum (NGVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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

Wholesale or warehousing business means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use.

Wine tasting rooms/facility means an establishment that sells or gives free samples of wine to customers for consumption on premises.

Woodworking shop, artisanal means a facility that manipulates wood to produce articles for sale of artistic quality or effect or handmade workmanship.

X shaded zone means areas subject to a 0.2 percent chance of flooding in any given year; areas of 1.0 percent annual chance flood with average depths of less than one foot or with drainage areas less than one square mile, and areas protected by levees from one percent annual chance flood.

X unshaded zone means areas of minimal flood hazard, outside of the 0.2 percent chance of flood.

Yard, front means the space enclosed by the front lot line, the side lot lines and a line parallel to the front lot line and even with the main building or any projections thereof, other than steps, or planter box.

Yard, rear means the space unoccupied, except for freestanding buildings between the rear of the main building (dwelling) and the rear lot line.

Yard, side means the open space between a building and the side lot lines, but not including any part of the front or rear yards.

Zero property line housing means housing commonly known as patio homes. It is a detached living unit constructed on a smaller lot in which one side of the unit is placed on the property line without openings. This concept utilizes the entire lot with a living unit that has a private side and rear yard. The front yard of the unit is reduced in size to contain the auto ingress and egress area along with the guest entry area.

Zoning district map means the map incorporated into this chapter and made a part of this chapter by reference thereto.

(Ord. No. 95-04, § 1(art. 12), 2-20-95; Ord. No. 98-24, § 1, 11-16-98; Ord. No. 99-04, § 1, 2-15-99; Ord. No. 99-17, § 2, 8-16-99; Ord. No. 00-11, §§ 1, 2, 3-20-00; Ord. No. 00-16, § 1, 5-15-00; Ord. No. 00-17, § 1, 5-9-00; Ord. No. 00-21, §§ 1, 2, 6-19-00; Ord. No. 01-30, § 10, 10-15-01; Ord. No. 02-33, § 1, 12-16-02; Ord. No. 03-24, § 1, 6-16-03; Ord. No. 2006-9, § 1, 2-20-06; Ord. No. 2009-22, § 3, 5-18-09; Ord. No. 2010-40, § 1, 8-23-10; Ord. No. 2010-55, § 1, 12-13-10; Ord. No. 2011-28, § 1, 6-20-11; Ord. No. 2013-10, § 1, 3-18-13; Ord. No. 2013-45, § 1, 12-16-13; Ord. No. 2013-46, § 1(Exh. A), 12-16-13; Ord. No. 2014-35, § 2, 10-20-14; Ord. No. 2017-28, § 2(Exh. A), 7-17-17; Ord. No. 2018-31, § 2(Exh. A), 12-17-18; Ord. No. 2020-28, § 2(Exh. A), 12-21-20; Ord. No. 2021-32, § 1, 7-19-21; Ord. No. 2022-14, § 2, 4-18-22; Ord. No. 2022-31, § 2, 7-18-22; Ord. No. 2022-46, § 2, 11-21-22; Ord. No. 2022-39, § 2, 10-17-2022; Ord. No. 2023-13, § 2, 5-17-2023)

Cross reference— Definitions generally, § 1-2.

(a)

Purpose. The developer shall obtain a permit (development permit) from the city prior to developing, redeveloping or dividing land within the city or its ETJ. A development permit shall be issued to a developer by the city for the actions defined below and upon satisfactory evidence of compliance with the standards contained in this chapter.

(b)

Permitted activities. The developer shall obtain a development permit as required for the following actions:

(1)

Land platting (see article III of this chapter);

(2)

Specific uses (see section 14-84.1);

(3)

Nonconforming uses (see section 14-9);

(4)

Construction of public improvements (see articles VII, VIII and IX of this chapter);

(5)

Reclamation of land/drainage improvements (reclamation permit) (see article IX of this chapter); and/or

(6)

Sign placement and erection (sign permit) (see article X of this chapter).

(c)

Application for issuance of a development permit.

(1)

Application; fees. The developer shall submit an application on forms provided by the city for issuance of a development permit. Where hardship relief is requested, the developer shall also present a written request according to section 14-30. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application. Each application shall be accompanied by five copies of a site plan as described in subsection (d) of this section; provided, however, that applications for home occupations shall not be required to submit site plans.

(2)

Action. The city shall respond to the applicant within 30 days of filing as to the approval, conditional approval or disapproval of the application. If disapproved, the city shall cite reasons for denial and, if approved, a development permit shall be issued to the developer. If the application is disapproved or conditionally approved, the developer may make appropriate alterations or otherwise show evidence of meeting the standards of this chapter. Resubmission or providing additional information to meet conditions shall not require payment of fees (unless meeting conditions requires a separate application).

(d)

Site plans. The developer shall submit site plans, where necessary, based on the criteria of this subsection (d) in fulfilling the application requirements for obtaining a development permit under this chapter. The developer shall also provide a certified copy of any instrument which contains a restriction on the use of, or construction of, the lot, together with a certified copy of any amendment, judgment or other document affecting the use of the property. The site plan, drawn at a recognized engineering scale on a minimum 8½ inches by 11 inches sheet, shall provide the following information:

(1)

The date, scale, north point, development district, title, name of owner and name of person preparing the site plan.

(2)

The location and dimensions of boundary lines, easements and required yards and setbacks of all existing and proposed buildings and land improvements.

(3)

The location, height and intended use of existing and proposed buildings on the site, and the approximate location of proposed buildings and land improvements.

(4)

The location of existing and proposed site improvements, including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening, and lighting.

(5)

The centerline of existing watercourses, drainage features and location and size of existing and proposed streets and alleys, and the 100-year floodplain.

(6)

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.

(7)

The approximate location and size of proposed signs, if known.

(8)

The location and size of the existing and proposed landscaped areas.

(e)

Permit required. A person commits an offense if he uses land for a purpose not permitted in the district in which it is located.

(f)

Certificate of compliance. The city shall not issue a building or development permit for the erection, alteration, moving or repair of any building or structure or any other permit authorized by the chapter until a certificate of compliance has been issued by the city. Issuance of such a certificate shall indicate that the plans for which the building or development permit is requested complies with the official zoning map. The city shall maintain a record of all certificates of compliance, and such record shall be open for public inspection.

(Ord. No. 95-04, § 1(104), 2-20-95; Ord. No. 99-17, § 4, 8-16-99)

(a)

Purpose. The developer shall not occupy, use or change the use of any building, structure or land until a certificate of occupancy has been issued by the city stating that the building or proposed use of a building or structure or premises complies with the building code and other development codes of the city. A certificate of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building or structure hereafter erected, altered or structurally altered;

(2)

Change in use of an existing building or structure to a use of a different zoning and/or building code classification;

(3)

Occupancy and use of vacant land except for agricultural purposes;

(4)

Change in the use of land to a use of a different classification;

(5)

Any change in the use of a nonconforming use; or

(6)

Change in ownership of a building or structure.

(b)

Issuance of a certificate of occupancy.

(1)

Form. The certificate of occupancy shall be on a form provided by the city and shall state that at the time of issuance the structure or the proposed use of the land complies with the provisions of this chapter. The city shall maintain a record of all certificates of occupancy, and such record shall be open for public inspection.

(2)

Application. The developer shall request a certificate of occupancy on a form supplied by the city. Where a new building or structure, or an existing building or structure, is proposed to be altered, the application for a building permit shall also be considered an application for a certificate of occupancy. Where the developer proposes to use vacant land, or proposes to change the use of land, or of a building or structure, or for a change in a nonconforming use, a separate application form provided by the city shall be used.

(3)

Action. Upon determination that the request for a certificate of occupancy meets all standards as contained in this chapter, the city shall issue a certificate of occupancy within ten days.

(Ord. No. 95-04, § 1(105), 2-20-95; Ord. No. 99-17, § 5, 8-16-99)

(a)

Permit required. Within the districts established under this chapter there may exist lots, structures, uses of land and land use characteristics which were lawful before this chapter was enacted, amended or otherwise made applicable, but which do not conform to the regulations of the district in which it is located. Nonconforming uses are hereby declared to be incompatible with the uses permitted by right and the conditional uses permitted within the district involved. A permit shall be obtained to maintain, enlarge, change, alter or repair a nonconforming use of land or building. A nonconforming use permit shall be issued according to the procedures contained in section 14-6.

(b)

Regulation of nonconforming uses. Except as provided in this section, no nonconforming use of land or buildings nor any nonconforming structures may be enlarged, changed, altered or repaired except in conformity with the regulations contained in this chapter.

(1)

Nonconformance status.The lawful use of land existing at the time of the passage of this chapter, although it does not conform to the provisions of this section, may be continued until termination is required in accordance with the provisions of this chapter. Nonconformance status is determined as follows:

a.

The use or structure was in existence and lawfully operating as of September 6, 1977, and has since been in regular and continuous use; or

b.

The use or structure was lawfully being used at the time of the adoption of any amendment to this chapter and by such amendment was placed in a district wherein it is not otherwise permitted; or

c.

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

(2)

Continuing lawful use of property. A nonconforming use, when discontinued or abandoned, cannot be resumed. Discontinuance or abandonment is defined as follows:

a.

When land used for a legal nonconforming use ceases to be used in such a manner for two years; or

b.

When a structure designed or used for a nonconforming use ceases to be used in such a manner for a period of one year.

(3)

Substitution of nonconforming uses. A nonconforming use or structure may not be substituted for another nonconforming use or structure. Only permitted uses may be substituted for nonconforming uses or structures.

(4)

Enlargement of nonconformance. Enlargement of nonconforming uses is prohibited.

(5)

Restoration of damaged property. If a nonconforming use or structure is damaged or destroyed to an extent of more than 50 percent of its fair market value by fire, explosion, act of God or other means, then any restoration must be for a permitted use.

(c)

Termination of nonconforming use. The right to use a parcel of land or a structure in a nonconforming manner must terminate under any of the following circumstances:

(1)

When the use is abandoned.

(2)

When any provision of this chapter or any other code is violated with respect to a nonconforming use.

(3)

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

(4)

When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than 50 percent of its fair market value.

(Ord. No. 95-04, § 1(107), 2-20-95)

(a)

Appeals. The board of adjustment shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of any of the provisions of this chapter other than the platting and subdivision requirements of article III, the public easement requirements of article VI, the public utility requirements of article VIII, the storm drainage requirements of article IX, and the driveway requirements of article XI. Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board or bureau of the municipality affected by the decision.

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown. The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing as provided by section 14-10 and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.

(b)

Variances. The board of adjustment may authorize in specific cases a variance from the terms of this chapter other than the platting and subdivision requirements of article III, the public easement requirements of article VI, the public utility requirements of article VIII, the storm drainage requirements of article IX and the driveway requirements of article XI. The city council may authorize in specific cases a variance from the platting and subdivision requirements of article III, the public easement requirements of article VI, the public utility requirements of article IX, and the driveway requirements of article XI. Neither the board of adjustment nor the city council may authorize a variance from the terms of this chapter unless it finds, in writing, after a hearing, that the variance is not contrary to the public interest, that, due to special conditions, a literal enforcement of this chapter's provisions would result in unnecessary hardship, and that in granting the variance, the spirit of this chapter will be observed and substantial justice will be done. The board or the city council shall set a reasonable time for the hearing on the request for a variance, and shall give public notice of the hearing, as provided by section 14-10, and due notice to the parties.

(c)

Vote required. The concurring vote of four members of the board of adjustment or the city council, as the case may be, is necessary to:

(1)

Reverse an order, requirement, decision or determination of an administrative official;

(2)

Decide in favor of an applicant on a matter which the board is required to pass under this chapter; or

(3)

Authorize a variance from the terms of this chapter.

(Ord. No. 95-04, § 1(108), 2-20-95)

(a)

Purpose. The purpose of this section is to establish the minimum requirements for notice to be given with respect to procedural actions required elsewhere in this chapter and amendments to the official zoning map.

(b)

Notice of public hearing. Notice of a public hearing by the city shall be given as established in this subsection (b). Notice shall be required for amendment to the official zoning map, appeals for variances or as otherwise required by chapter. Where the public hearing is on the application of a private individual or developer (applicant), the applicant shall pay all costs of notice. Where the public hearing is initiated by the city, the city shall assume the costs of publication.

(1)

Where an amendment to the official zoning map or to the zoning regulations is proposed, notice of the public hearing shall be given by publication one time of a legal notice in a newspaper of general circulation in the city at least 16 days prior to the date of the hearing. Appeals and requests for variances do not require published notice, but all other notice procedures established by this chapter shall apply.

(2)

Written notice of a public hearing shall be provided to adjacent property owners, as follows:

a.

Mailed notice. Written notice shall be given at least 11 days in advance of the public hearing. All owners of real property, as shown by the most recent tax roll of the city, within 200 feet of the property on which the change is proposed shall be given notice by mail. The notice is served by its deposit, properly addressed with postage paid, in the United States mail. The written notice shall contain the following information:

1.

The date, time and place of the hearing.

2.

A description reasonably calculated to inform a person of the location of the property which is the subject of the hearing.

3.

The sections of the chapter that are pertinent to the hearing procedure.

4.

Written documents may be examined and written comments accepted during normal business hours in the office of the city secretary at city hall.

b.

Posted notice. At least ten days prior to the date of the hearing, the applicant shall cause to be placed on the property which is the subject of the hearing signs indicating the type of relief sought or the proposed change in status of the property and the day, time and place of the hearing. The signs shall be placed at not more than 300-foot intervals across the property line fronting on existing streets and must be clearly visible from the street. Each sign shall be located no more than ten feet from the property line and shall be no smaller than 18 inches by 24 inches.

(Ord. No. 95-04, § 1(109), 2-20-95)

(a)

Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding $2,000.00 for violations of all such provisions that govern building fire safety, zoning, or public health and sanitation, including but not limited to graffiti, dumping of refuse, and not exceeding $500.00 for all other violations; provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense.

(b)

The owner or owners of any building, premises, improvements, implement, thing or part thereof, where anything is a violation of this Code, or any person, architect, builder, contractor, subcontractor, corporation, director, officer, agent, servant or employee who may have assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction thereof, shall be fined as provided herein.

(c)

The city manager and/or their designee are authorized and empowered to issue a citation for any violations of the city Code known to have occurred or to be occurring as provided in this section. Such citation shall be enforceable through the municipal court of the City of Jersey Village, Texas.

(d)

The city manager and/or their designee are authorized and empowered to post signage indicating the violation on the property in question. If no part of the subject property is visible from a public right-of- way, the signage shall be posted along the nearest street right-of-way in a location that does not obstruct sight lines that are necessary for public safety. The inadvertent removal of the posted signage shall be subject to citation.

(e)

It is an affirmative defense in any proceeding to enforce any portion of this Code that relates to zoning or any ordinance of the city that relates to zoning that the condition or activity in question is: (i) controlled by the city itself or its officers, agents, employees, or contractors, in the course of their duties for the city, and (ii) approved by the city council.

(Ord. No. 2023-13, § 3, 5-17-2023)

Editor's note— Ord. No. 00-21, § 3, adopted June 19, 2000, moved the previous provisions of § 14-11 to § 42-162.