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:

Absolute photometry means photometric measurements (usually of a solid-state luminaire) that directly measures the footprint of the luminaire.

Accessory building means a subordinate detached building, located on the same lot as the main building. Accessory buildings may include garages, home workshops, tool houses, pool houses, storage sheds, etc.

Accessory use means use customarily incidental and subordinate to the principal use of land or building(s) and located upon the same lot.

Addition, building means an improvement that increases the square footage of a structure. These include lateral additions added to the side or rear of a structure, vertical additions added on top of a structure and enclosures added underneath a structure.

Addition, plat means one lot, tract or parcel of land lying within the corporate boundaries of the city which is intended for the purpose of development.

Administrative officer means any office referred to in this chapter, or ordinance, by title, i.e., city manager, city attorney, city secretary, city planner, development coordinator, city engineer, director of public works, etc., shall be the person so retained in this position by the city, or the duly authorized representative as deemed appropriate by the city.

Alley means a minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

Alter means to change the size, shape, outlines, configuration, intent, location or type of sign.

Amended or amending plat means a revised plat correcting errors or making minor changes to the original recorded final plat as described in V.T.C.A., Local Government Code, Chapter 212.016 Amending Plat as amended.

Amenity means an improvement to be dedicated to the public or the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed by this chapter.

Amusement, indoor means an enterprise that is wholly enclosed within a building and provides activities, services and/or instruction for the entertainment of customers or members. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool, and other similar types of uses.

Amusement, outdoor means an enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

Animation means the presentation of pictorials or graphics in a progression of frames which give the illusion of motion, including moving objects, moving patterns or bands of light, or expanding or contracting shapes.

Apartment means a room or suite or rooms in a building arranged, designed, or occupied as the residence by a single family, individual, or group of individuals.

Architectural lighting means lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

Assisted living facility means an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services; and in addition, provides minor treatment under the direction and supervision of the resident's attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only.

Astronomic time switch means an automatic lighting control device that switches outdoor lighting relative to time of solar day with time of year correction.

Automobile sales means an open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk on the premises.

Awning means an architectural projection designed to provide weather protection, identification or decoration, and supported by the structure to which it is attached. An awning is comprised of a frame over which is placed a cover of fabric or other materials.

Backlight means (for an exterior luminaire) lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light.

Basement means a story below the first story is defined under story counted as a story for height regulations if subdivided and used for dwelling purposes.

Bed and breakfast means a residence where one or more rooms are leased on an overnight basis for accommodations for profit. A bed and breakfast is an accessory use to a residence and the owner of the property must also be the operator of the bed and breakfast establishment.

Block, length means the distance of a block face measured along the centerline of a right-of-way from one street intersection to another or to the midpoint of a cul-de-sac or to a 90-degree turn.

Block, plan means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Director of Planning shall determine the outline of the block.

Block, plat means a method for locating and identifying a parcel of land.

Boardinghouse means a house where you can pay to stay and receive meals.

Bond means any form of a surety guarantee in an amount and form satisfactory to the city.

Breezeway means a covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered and accessory building.

Buffer yard means a unit of land, together with a specified amount of planting thereon, and any structures, which may be required between, land uses to eliminate or minimize conflicts between them.

BUG means a luminaire classification system that classifies backlight (B), uplight (U) and glare (G).

Building means any structure with a roof and walls.

Building, front means one side of a structure through which the majority of customers, patrons or visitors enter the structure.

Building, height means the vertical distance measured from the highest of the following three levels:

(1)

From the street curb level;

(2)

From the established or mean street grade incase the curb has not been constructed;

(3)

From the average finished ground level adjoining the building if it sets back from the street line;

to the level of the highest point of the roof beams of flat roofs or roof inclining not more than one inch to the foot, or to the mean height level of the top of the main plates and highest ridge for other roofs.

Building, line/setback means a line within a property defining that point beyond which no part of a primary building or structure shall project. The minimum horizontal distance a structure must be from a property line.

Building official means the development services department of the city or the building official of the city or the building official's authorized representative.

Building, site means a piece of land on which a house or other building is being built.

Business means local retail, commercial, industrial, and manufacturing uses and districts as herein defined.

Caliper means the diameter of the trunk measured three feet above ground level.

Canopy means a covered, unconditioned structure with at least one side open for pedestrian and/or vehicular access. (An unconditioned structure is one that may be open to the elements and has no heat or air conditioning.)

Canopy tree means a perennial woody plant, single or multiple trunk, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees.

Capital improvement program means the official proposed schedule of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by city council.

Care facility means an institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical, psychological, emotional or other rehabilitative care as an outpatient or live-in member.

Carport means a structure designed or used to shelter vehicles.

Cellar means a portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.

City means the City of Justin, Texas, together with all its governing and operating bodies.

City council means the duly elected governing body of the City of Justin, Texas.

City engineer means a registered professional engineer or firm of registered professional consulting engineers that has been specifically employed by the city.

City manager means the person holding the position of city manager as appointed by the city council according to the City Charter.

Clinic means offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms of the abiding of patients.

Clothing/apparel sales, used means a retail establishment in which the majority of the sales, at least 51 percent of all items, are used goods.

Common outdoor areas means one or more of the following: a parking lot; a parking; a common entrance or public space structure or covered vehicular entrance shared by all occupants of the domiciles.

Community center means a building dedicated to social or recreational activities serving the city or a neighborhood and owned and operated by the city, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the city.

Community home means a place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the Texas Department of Health and Human Services.

Comprehensive plan means policies in graphic and text form adopted by the city council to govern the general location recommended for land uses, transportation routes, public and private buildings, streets, alleys, squares, parks, and other public and private development and improvements. One plan may cover the entire city and all of its functions and services, or the comprehensive plan may consist of a combination of plans governing specific geographic areas which together cover the entire city and all of its functions and services. The term "comprehensive plan" includes, but is not limited to, the city zoning regulations, the land use plan, thoroughfare plan, and floodplain map. The city's comprehensive plan is on file in the office of the city secretary.

Concept plan means a sketch drawing of initial development ideas superimposed on a topographic map to indicate generally the plan of development and to serve as a working base for noting and incorporating suggestions of the development review committee and development coordinator, planning and zoning commission, engineer, or others who are consulted prior to the preparation of the preliminary plat.

Construction plan or drawing means the maps or drawings accompanying a plat and showing the specific location and design of public improvements to be installed in the subdivision or addition in accordance with the requirements of the city as a condition of the approval of the plat.

Contiguous lots means at least one boundary line of one lot touches a boundary line or lines of another lot.

Continuing care retirement community means a housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.

Convalescent home means any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

Court means an open unoccupied space other than a yard, on the same lot with a building and which is bounded on three or more sides by the building.

Cul-de-sac means a street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

Curfew means a time defined by the authority when outdoor lighting is reduced or extinguished.

Day nursery means a place where children are left for care a part of the 24 hours of the day.

Dead end street means a street, other than a cul-de-sac, with only one outlet.

Development review committee means the committee responsible for reviewing land studies, drainage plans, vacations, concept plans, draft plats, pre-application proposals, plats, preliminary engineering design plans and any other items deemed necessary which are associated with development. Typically, the DRC is composed of city planner, city engineer, director of public works, and the city manager or their designee. The city manager and city council may adjust the composition of the DRC or overrule the DRC in all matters not in violation of law.

Dilapidated or deteriorated means that condition as determined by the development services department or any appointed representative that the structural support is visibly bent, broken, dented or torn, or in the case of wood or similar products, splintered in such a way as to constitute an unsightly or harmful condition; or where the message or wording is faded or can no longer be clearly read; or where any part of the sign is not in compliance with the requirements of the building, electrical or other model codes currently adopted by the city; or where any part of the sign is not in compliance with the requirements of the building, electrical or other model codes currently adopted by the city; or where a sign or its elements are twisted or leaning or are at another angle other than those at which it was originally constructed (such as may result from being blown by the wind or from the failure of a structural support) as determined by the development services department or any appointed representative.

District means a section of the city for which the regulations governing the area, height, or use of buildings are uniform for each type and class of structure.

Drainage plan means a general plan for handling the storm water affecting property proposed for development. The drainage plan shall show how and where water will be received from adjacent higher areas; how and where it will be collected and handled within the property; and how and where it will be discharged to a recognized drainage way in a lower area. The plan shall deal with individual watershed areas as necessary; show the proposed phasing of development and attendant phasing of drainage improvements; describe any unusual water features anticipated; provide topographic, physical and geographical information; and form the basis for subsequent review of design plans submitted for property to be final platted.

Dwelling means an attached or detached building arranged, intended, or designed for residential occupancy.

Dwelling, multiunit means a development type that includes multiple dwellings but not more than four per lot.

Easement means an area for restricted use on private property upon which a public entity or utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on or under any of these easements. The public entity or utility shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of construction, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

Efficiency means an apartment having a combination living and bedroom (no separate bedroom).

Emergency conditions means, generally, lighting that is only energized during an emergency; lighting fed from a backup power source; or lighting for illuminating the path of egress solely during a fire or other emergency situation; or, lighting for security purposes used solely during an alarm.

Enhanced pavement means any permeable or impermeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass pavers and stamped or stained concrete.

Erect means to build, construct, attach, hang, place, suspend or affix a sign, including the painting of signs on the exterior surface of a building or structure or on the exterior or interior surface of a window.

Escrow means a deposit of cash with the city in accordance with city policies.

Exaction requirement means a requirement imposed as a condition for approval of a plat, preliminary plat, building permit, planned development district or other development permit application to:

(1)

Dedicate an interest in land for a public infrastructure improvement;

(2)

Construct a public infrastructure improvement; or

(3)

Pay a fee in lieu of constructing a public infrastructure improvement.

Facilities or improvements, off-site means facilities or improvements required for service to the site but not located within the boundaries of the plat.

Facilities or improvements, on-site means existing or proposed facilities or improvements constructed within the property boundaries of the plat. On-site shall also mean those existing or proposed facilities required to be constructed or improved immediately adjacent to the property which are required to serve the development. These include streets, water lines, sewer lines, storm drainage, curb and gutter, and any other construction or reconstruction to serve the property.

Farm or ranch means a tract of land primarily used for agriculture.

Field office means a structure conforming to the uniform code used in conjunction with construction work accessory and incidental to the construction work accessory and incidental to the construction of a permanent structure which the permanent structure this Code and state and federal law. The temporary structure may be permitted by the building official at the time the permit is granted for the permanent structure and the temporary structure shall be completely removed at the time of occupancy of the permanent structure.

Filing date means the point in time where the subdivider has provided corrected land studies, drainage plans, vacations, concept plans, draft plats, pre-application proposals, preliminary engineering or other items with all fees paid to the satisfaction of the DRC and in compliance with state law and this chapter, for consideration by the planning and zoning commission at their the next available public hearing. See development review committee (DRC) comment and plat application deadline.

Final plat means the one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor with the subdivision location referenced to a survey corner and all boundaries, corners, and curves of the land division sufficiently described so that they can be reproduced without additional references. The final plat of any lot, tract, or parcel of land shall be recorded in the records of Denton County, Texas. An amended plat or replat is also a final plat.

Floodplain means any land area susceptible to a one percent annual-chance (or susceptible to a 100-year frequency storm) of being inundated by flood waters. This condition could result from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters.

Floodway means the stream channel plus that portion of the overbanks that must be kept free from buildings, structures, fill or any other encroachment in order to discharge the one percent annual-chance flood.

Floodway fringe means the areas that fall within the 100-year floodplain, but are outside the floodway. Development will, by definition, cause no unacceptable increase in the 100-year frequency flood.

Floor area ratio means a numerical value obtained by dividing the sum of the gross horizontal area of all floors of a building, including interior balconies and mezzanines, measured to the exterior faces of walls, by the total area of the lot, excluding streets, alleys, and dedicated drainage ways.

Floor space per dwelling unit means the total number of square feet of habitable floor space contained within a dwelling unit exclusive of porches, breezeways, carports, garages, and storage areas not directly accessible from within the dwelling unit.

Footcandle means the unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one-foot square from a distance of one foot.

Forward light means (for an exterior luminaire) lumens emitted in the quarter sphere below horizontal and in the direction of the intended orientation of the luminaire.

Fully shielded luminaire means a luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light emitting part.

Garage, private means an interior or space in building for the storage of an automobile and separate indoor or outdoor entrance to building.

Garage, public means a building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

Garage, repair means an auto repair garage is a building or portion thereof whose principal use is for the repair, servicing, equipping, or maintenance of motor vehicles or motor vehicle components, including engines, radiators, starters, transmissions, brakes, tires and wheels, seats and similar components.

Garage, storage means a building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing and normal maintenance.

Glare means an effect created when an illumination source shines with sufficient brightness to cause discomfort, distract attention, or lead to the reduction or loss of visibility or visual function of the public.

Gross floor area means the gross floor space of an apartment house shall be measured by taking the outside dimension of the apartment building at each floor level, excluding, however, the floor area of basements or attics not used for residential purposes.

Ground cover means low growing, dense spreading plants typically planted from containers.

Hardscape means permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is ten feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc.

Hardscape area means the area measured in square feet of all hardscapes. It is used to calculate the total site lumen limit in both the prescriptive method and performance methods.

Hardscape perimeter means the perimeter measured in linear feet is used to calculate the total site lumen limit in the performance method.

Hobby shop means an accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof, and from which no revenue may be derived, and in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith.

Homeowner's Association. The HOA shall be organized as a non-profit corporation with automatic membership in the HOA when property is purchased. This shall be specified in the covenants which run with the land, and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Assessments shall also be handled in covenant form rather than as articles of incorporation since the latter may be easily amended. Included in the maintenance covenants shall be procedures for changing them at stated intervals since maintenance costs may change over time. Deeds shall also mention the rights and responsibilities of property owners to the HOA. The HOA shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rata share formula for all property owners.

Hospital means an institution or place where sick or injured in-patients are given medical or surgical care either at public (charity) or private expenses.

Hotel means a building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

IDA means the Illuminating Engineering Society of North America.

IESNA means the Illuminating Engineering Society of North America.

Impervious material is sealed to severely restrict water entry and movement.

Improved drainage channel means a drainage channel constructed to design standards, with constant cross sections, used to convey the 100-year design frequency storm plus one foot of free board, within its banks.

Industry standard lighting software means lighting software that calculates point-by-point illuminance that includes reflected light using either ray-tracing or radiosity methods.

Kennel means any lot or premises on which four or more dogs, cats, or other domestic animals at least four months of age, are housed or accepted for boarding, trimming, grooming or bathing for which remuneration is received.

Lamp is a generic term for a source of optical radiation (i.e. "light"), often called a "bulb" or "tube". Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

Land planner means persons other than surveyors or engineers who also possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial, and other related developments; such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum and/or by actual experience and practice in the field of land planning and may be a member of the American Institute of Certified Planners.

Land study means a general plan for an area proposed for partial or complete subdivision. The land study shall show the proposed locations of land uses, streets, phasing of development, important physical features, and applicable information for the entire area to be subdivided.

Landscape architect means a person registered as a landscape architect in this state pursuant to state law.

Landscape area means a portion of land that is covered by natural grass, ground cover, or other natural plant materials.

Landscape lighting means lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

Lawn grass means thin bladed surface growing native plants typically planted from seed, sprigs or plugs.

LED means Light Emitting Diode.

Legal nonconforming means a use, building or yard existing legally at the time of the passage of the ordinance from which this chapter is derived which does not by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of the ordinance from which this chapter is derived that does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use.

Licensed irrigator means a person duly licensed by the state to design and install irrigation systems.

Light pollution means any adverse effect of artificial light including, but not limited to, glare, light trespass, sky-glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

Light trespass means light that falls beyond the property it is intended to illuminate.

Lighting means "electric" or "man-made" or "artificial" lighting.

Lighting equipment means equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components.

Lighting repair means the reconstruction or renewal of any part of an existing luminaire for the purpose of its on-going operation, other than relamping or replacement of components including capacitor, ballast or photocell. Note that retrofitting a luminaire with new lamp and/or ballast technology is not considered a repair and for the purposes of this ordinance the luminaire shall be treated as if new. "Repair" does not include normal relamping or replacement of components including capacitor, ballast or photocell.

Lighting zone means an overlay zoning system establishing legal limits for lighting for particular parcels, areas, or districts in a community.

Loading space, off-street means a space located outside of a public street or alley for the discharge of passengers or a space directly accessible to the building it serves for bulk pick-up and deliveries of delivery vehicles.

Logo means an identifying symbol used for advertising purposes, which may or may not be a registered trademark or service mark of the entity identified.

Lot means a parcel of land occupied or to be occupied by one building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this chapter, and having its principal frontage upon a public street or a place.

Lot, area means the net area of the lot and shall not include portions of streets or alleys.

Lot, corner means a lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the director of planning.

Lot, depth means the mean horizontal distance between the front and rear lot lines.

Lot, flag means an irregular lot that uses a narrow section of property for access that is characterized as less than the minimum lot width at the front building setback.

Lot, interior means a lot whose side lines do not abut upon any street.

Lot line, front means the boundary between a lot and the street on which it fronts.

Lot line, rear means the boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the building inspector shall determine the rear line.

Lot line, side means any lot boundary line not a front or rear line thereof. A sideline may be a party lot line, a line bordering on an alley or place or side street line.

Lot, width means the horizontal distance between sidelines, measured at the front building line, as established by the minimum front yard requirement of this chapter.

Lot of record means a lot which is part of a subdivision, a map of which has been recorded in the office of the county clerk.

Low voltage landscape lighting means landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

Lumen means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption).

Luminaire means the complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

Luminaire lumens (for luminaires with relative photometry per IES) is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70 percent. For luminaires with absolute photometry per IES LM-79, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output.

Lux means the SI unit of illuminance. One lux is one lumen per square meter. One lux is a unit of incident illuminance approximately equal to one tenth of a footcandle.

Manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and at least eight body feet in width or at least 40 body feet in length in traveling mode or at least 320 square feet when erected on site, and includes the plumbing, heating, air conditioning, and electrical systems of the home. The term "manufactured home" does not include a recreational vehicle as defined by 24 CFR 3282.8(g).

Master plan means the comprehensive land use and thoroughfare plan of the city and adjoining areas as adopted by the city council and the city planning and zoning commission, including all its revisions. This plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other public and private developments and improvements.

Mobile home means a structure constructed before June 15, 1976, and built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and at least eight body feet in width or at least 40 body feet in length in the traveling mode or at least 320 square feet when erected on site and includes the plumbing, heating, air conditioning, and electrical systems of the home.

Motel, motor hotel or tourist court means any establishment offering to the transient public the use of guest rooms or sleeping accommodations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accommodations the majority of which have private and direct access from parking areas not through common entrance and lobby. The establishment furnishes customarily hotel services and may contain a restaurant, club, lounge, banquet hall, or meeting rooms. A motel is a nonresidential use.

Mounting height means the height of the photometric center of a luminaire above grade level.

Natural channel means an earthen drainage channel in its natural state, generally with irregular cross sections. This channel has its original meanders and does not have consistent side slopes.

New lighting means lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs.

Object means a permanent structure located on a site. Objects may include statues or artwork, garages or canopies, outbuildings, etc.

Object height means the highest point of an entity, but shall not include antennas or similar structures.

Office warehouse means the primary function is the storage of goods and merchandise. Although a limited amount of retail or wholesale, and cash-and-carry sales will occur in an office warehouse facility, the majority of sales will be phone or mail orders to be delivered or shipped to the purchaser. The office portion of an office warehouse use would typically consist of management, accounting, order desk personnel.

Open space means area included in any side, rear, or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, or porches.

Open structure means a structure that is not enclosed with any building walls, but which may include a roof or canopy.

Ornamental lighting means lighting that does not impact the function and safety of an area but is purely decorative, or used to illuminate architecture and/or landscaping, and installed for aesthetic effect.

Ornamental street lighting means a luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics:

(1)

Designed to mount on a pole using an arm, pendant, or vertical tenon;

(2)

Opaque or translucent top and/or sides;

(3)

An optical aperture that is either open or enclosed with a flat, sag or drop lens;

(4)

Mounted in a fixed position; and

(5)

With its photometric output measured using Type C photometry per IESNA LM-75-01.

Outdoor lighting means lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment.

Parcel means a measured portion of a tract of land.

Park plan means a site plan drawn at an appropriate scale that indicates the required park facilities and the relationship of those facilities to the proposed park development.

Parking space, off-street means a concrete or asphalt surface located outside of the right-of-way of a public street or alley adequate for parking an automobile with room for opening doors both sides, together with properly related access to a public street or alley and maneuvering room without backing into a public street.

Partly shielded luminaire means a luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.

Paved means an all-weather, dust-free surface intended for vehicular traffic or parking, which is concrete, asphalt, or other surface.

Pedestrian hardscape means stone, brick, concrete, asphalt or other similar finished surfaces intended primarily for walking, such as sidewalks and pathways.

Pennant means a temporary sign made of lightweight plastic, fabric or other material, which may or may not contain a message of any kind, suspended from a rope, wires or string, usually in a series and designed to move in the wind.

Person means any individual, association, firm, corporation, governmental agency, or political subdivision.

Pet lodging means an establishment that offers a variety of services such as, but not limited to: boarding, grooming, daycare, and training services.

Photoelectric switch means a control device employing a photocell or photodiode to detect daylight and automatically switch lights off when sufficient daylight is available.

Place means an open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

Plat means a plat application which has been formally filed after addressing all of DRC comments, providing all requisite information, material and studies and paying all required fees. This reference shall include inferences to a preliminary plat, final plat, amending plat, minor plat, replat or development plat.

Pre-application proposal means draft applications submitted for development review committee (DRC) for review, including information required by this chapter for each land study, a preliminary plat, replat, amended plat, development plat or a final plat proposal, along with an original, signed application.

Preliminary plat means the graphic expression of the proposed overall plan for subdividing, improving, and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in plan existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identity the general scope and detail of proposed development.

Property line means the line denoting the limits of legal ownership of property.

Public access easement or place means an easement designated on the final plat which provides access to all platted lots. The easement shall meet all requirements for a dedicated street (i.e., construction standards, width, and function) but may be privately maintained.

Public facility means the facilities owned or operated by or on behalf of the city to provide services to the public, including existing and new developments and subdivisions.

Public improvements agreement means a contract between the subdivider and the city by which the subdivider promises to construct one or more of the following public facilities within a public right-of-way or easement, within a specified time period following final plat approval (i.e., water, sanitary sewer, street, storm drainage, streetlights and street name signs).

Public infrastructure improvement means a water, wastewater, roadway, drainage or park facility that is a part of one or more of the city's public facilities systems.

Public park means land dedicated to the city specifically for development and use as a public recreational area.

Public property means any real property open or dedicated to a public use or owned by the city.

Recreational vehicle (RV) park or tourist cabin or trailer camp means a tract or parcel of land upon which two or more tourist cabins are located, or where temporary accommodations are provided for two or more automobile trailers, tents or house cars, open to the public either free or for a fee.

Recreational vehicle (RV) storage facility means a commercial facility in a controlled access and screened compound that leases spaces for the long-term storage of private boats, trailers, campers and recreational vehicles.

Relative photometry means photometric measurements made of the lamp plus luminaire, and adjusted to allow for light loss due to reflection or absorption within the luminaire. Reference standard: IES LM-63.

Replacement lighting means lighting installed specifically to replace existing lighting that is sufficiently broken to be beyond repair.

Residence means a building occupied as the abiding place of one or more persons in which the use and management of sleeping quarters, all appliances for cooking, ventilating, heating or lighting are under one control and which shall include single-family dwellings, which shall be the principal building on any lot in residential districts.

Restaurant or cafe means a building or portion of a building, not operated as a dining room in connection with a hotel or boarding house, where food is served for pay and for consumption in the building, and where provisions may be made for serving food on the premises outside the building.

Right-of-way means a parcel of land, situated between facing property lines, occupied or intended to be occupied by a street, parkways, medians or alley. Where appropriate right-of-way may include other facilities and utilities, such as sidewalks, railroad crossings, electrical, communication, oil or gas, water or sanitary or storm drainage facilities, or for any other special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

Roof means part of a structure other than vertical walls that provide protection from the elements.

Sales area means an uncovered area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products.

Screening device means a structure that consists of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, and acceptable design, at least six feet in height, where the solid area equals at least 65 percent of the wall surface, including an entrance gate or gates; or foliage of an acceptable combination of these materials.

Searchlight means an apparatus on a swivel base that projects a strong, far reaching, beam of light.

Seasonal lighting means temporary lighting installed and operated in connection with holidays or traditions.

Self-storage facility (miniwarehouse) means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. The rented space shall be for private use only.

Senior adult housing means a residential development that is restricted to people that are 55 years old and over for independent living only. This use shall offer amenities within the complex such as, but not limited to, pickleball, pools, common areas or clubhouses, and other similar amenities.

Setback means the minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the street line.

Sexually oriented or adult business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Shielded directional lighting means a luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

Shrub means a native plant that grows vertically in a multi-branched growth pattern.

Sign means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.

Sign, A-frame means a temporary sign which has two sides, the frame or support structure of which is hinged or connected at the top of the sign in such a manner that the sign is easily moved and erected. This type of sign is also known as a sandwich sign.

Sign, area means the area within a series of straight lines around the outermost extremities of all text, symbols, graphics, advertising surfaces, framing, background and ornamentation, but not including sign poles or other supporting structures. If dimensions and a means of calculating the area of circular, oval-shaped or triangular signs are readily available, they may be used for such signs.

Sign, banner means a temporary sign composed of lightweight flexible material on which letters, symbols or pictures are painted or printed and is affixed to a permanent structure.

Sign, billboard means an off-premises sign on which the message or copy can be changed periodically through manual means. A billboard sign is also known as an offsite advertising, non-digital messaging sign.

Sign, bulletin board means a sign containing information where a portion of such information may be periodically changed, providing such change shall be effected by the replacement or interchange of letters, numbers or other graphic symbols by insertion, attachment, or similar means. Also known as a community bulletin board.

Sign, building identification means a building identification sign which identifies the name of the building, but displays no goods or services for sale or advertising.

Sign, canopy means a sign that is permanently affixed to a canopy by paint, glue, sewing, or any other type of non-structural type of attachment.

Sign, construction means an on-premises sign which may be erected identifying any or all of the property owners, engineers, architects, mortgagees, or other participants in the construction or improvement of the premises; but which displays no goods or services for sale or other advertising. Also known as a contractor sign.

Sign, directional means a sign which contains only information designed to direct pedestrian or vehicular traffic to the location of a facility on the property on which the sign is located. Such signs may include, but are not limited to, arrows, words, or logos. No goods or services for sale may be listed on a directional sign.

Sign, electric or digital billboard means an off-premises sign, display or device, internally illuminated, which changes the static message or copy by electronic means, remote or automatic, for outdoor advertising of a use, product or service. The sign must be operated by an entity possessing an outdoor advertising license issued by Texas Department of Transportation (TXDOT).

Sign, electronic message center (EMC) means an on-premises sign on which the message or copy can be changed by remote or automatic means, including EMC signs that display gas pricing.

Sign face means the portion of the sign that is or can be used to identify, display, advertise or communicate information or for a visual representation which attracts or intends to attract the attention of the public for any purpose.

Sign, flag means a permanent sign made of fabric, bunting, or flexible material, containing distinctive colors, patterns, logos, wording or symbols used to signify or identify civic organizations, logos, schools, colleges or universities, or the government of the United States, the state, county or the city, and generally designed to be mounted on one end so as to move in the wind.

Sign, freestanding means a sign which is attached to or part of a completely self-supporting structure such as a frame of one or more poles which is not attached to any building or any other structure and which is permanently affixed to the ground.

Sign height means the vertical distances between the highest point of the sign or its supporting structure and the natural grade directly below the sign.

Sign, illuminated means a sign which has characters, letters, figures, or designs internally illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide nighttime viewing of, the subject matter on the sign face.

Sign, kiosk means a multi-sided, freestanding monument-type sign for the display of advertising for economic development purposes.

Sign, light pole banner means a temporary sign which is painted or printed on a strip of all-weather cloth, canvas, or other flexible material that is designed or manufactured for outdoor use mounted on a light pole on private property and secured to render sign stationary.

Sign, marquee means a projecting sign attached to or hung from a marquee or canopy or covered structure projecting from and supported by a primary building, when such marquee, canopy or covered structure extends beyond the building, building line, or property line.

Sign, menu board means a sign displaying the menu for drive-thru window service.

Sign, monument means a permanent sign with a display surface that is an integral part of the support structure. Any ground sign exceeding four feet in height or any pole sign with less than nine feet of ground clearance or with a sign structure that is greater than two feet in width shall be considered a monument sign.

Sign, municipality-owned means a sign which identifies a park, an entrance to the city, a place of interest within the city, a city sponsored event, or any city owned facility.

Sign, nonconforming means a sign, structure lawfully used as of the effective date of the ordinance from which this chapter is derived or amendments thereto, but which does not conform to the use regulations currently in effect.

Sign, off-premises means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.

Sign, on-premises means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person or activity.

Sign, permanent means a sign constructed of any ridged material, with or without frames, permanently attached to the ground or to a wall, building or other structure, and displayed for an indefinite period of time. The following signs are considered permanent signs: changeable signs, freestanding signs, monument signs, pole signs, and wall signs.

Sign, pole means a permanent sign with a display surface that is attached to a self-supporting structure by one or two poles which has at least nine feet of ground clearance.

Sign, political means a sign that contains primarily a political message as specified by State of Texas law and regulation governing political campaigns and causes signage.

Sign, portable means a temporary sign which is designed to permit removal and reuse, and which includes, but is not limited to, A-frame and other such signs, and signs mounted on a trailer, wheeled carrier, vehicle, or other portable structure.

Sign, real estate means a temporary sign pertaining to the sale or lease of the premises, on which the sign is located.

Sign, roof means a sign that is painted on or erected upon or above the roof of the building.

Sign, scoreboard means a permanent sign that displays scores, results, identification of donors, or other information pertinent to athletic activities.

Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported or is capable of supporting a sign. The term "sign structure" includes any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Where any goods or services for sale or other advertisement is displayed on the structure, then said structure shall be counted as part of the sign area.

Sign, snipe means a sign that is tacked, nailed, posted, glued, or otherwise attached to trees, stakes, fences, ground or other like objects, the advertising matter of which is not applicable to the present use of the premises on which the sign is posted. Also known as bandit signs.

Sign, spectacular means any sign that physically rotates, oscillates, contains any moving parts, or contains flashing lights in sequence.

Sign, temporary means a sign not permanently affixed to the ground or to a building or other structure and shall include, but not be limited to these types of temporary signage: Coming soon, grand opening, going out of business, portable, inflatable, for sale and for lease signs.

Sign, wall means a permanent sign placed on, or attached directly to a fence or building surface, including window areas (translucent areas which are visible from a street or alley, that extend not more than 15 inches from the face or wall of a building).

Sign, wind device means a pennant, streamer, inflatable balloon or similar device made of cloth, canvas, plastic, or other similar flexible material, with or without a frame or other supporting structure, and used as a sign.

Sign, window means a temporary sign placed on, affixed to, painted on or located within the frame of a transparent opening in the wall of a building that may not be larger 20 percent of the opening.

Sky glow means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

Story means the portion of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface, not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in height of buildings in this section.

Street means a thoroughfare which affords principal means of access to property abutting thereon.

Street frontage means the length of the property line of a lot or tract immediately adjacent to a public or private street, measured in feet.

Street line means the dividing line between the street and the abutting property.

Street, non-local means streets classified as commercial collectors, minor arterials and primary arterials.

Street, perimeter means any existing or planned street which abuts the subdivision or addition to be platted.

Street, substandard means an existing street that does not currently meet the minimum requirements as to width, appurtenances or pavement section for a roadway of its anticipated function or designated classification. A standard street is a roadway that is so constructed that it meets or exceeds all requirements of its designated classification.

Street, width means the portion of the right-of-way constructed and designated for vehicular traffic. The shortest distance between the opposite edges of a paved surface or where curbs exist, the distance measured from back of curb to back of curb.

Structure means anything constructed or erected, which required location on the ground, or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.

Subdivider means any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner of land sought to be subdivided.

Subdivision means a division or redivision of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of such limits, for the purpose of transfer of ownership, layout of any subdivision of any tract of land or any addition, or for the layout out of building lots, or streets, alleys or parts of other portions for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto.

Subdivision developer sales office means structures conforming to the uniform building code used for the purpose of selling residential structures within the immediate proximity of the sales office.

Surveyor means a licensed state land surveyor or a registered public land surveyor, as authorized by the state statutes to practice the profession of surveying.

Temporary lighting means lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

Terminal or motor freight means the use of property of buildings for the temporary parking motor freight vehicles or trucks of common carriers during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight.

Time switch means an automatic lighting control device that switches lights according to time of day.

Transition means a visual effect used on an electronic sign to change from one message to another.

Translucent means allowing light to pass through, diffusing it so that objects beyond cannot be seen clearly (not transparent or clear).

Understory or accent trees mean small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics.

Unshielded luminaire means a luminaire capable of emitting light in any direction including downwards.

Uplight means, for an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane.

Used car lot means a lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the storage of automobile parts.

Utility means water, sanitary sewer, electric, gas, telephone, cable TV or any other such item of service either for public or private use.

Variance means a modification of the provisions of zoning regulations, as applied to a specific piece of property, as distinct from rezoning.

Vertical illuminance means illuminance measured or calculated in a plane perpendicular to the site boundary or property line.

Visibility triangle means areas that are located at the intersection of streets and alley right-of-way and the intersection of streets and driveways and conforms to public open space easement regulations and standards (POSE) of the city.

Waiver means a modification of the provisions of subdivision regulations, as applied to a specific piece of property, as distinct from zoning regulations and a variance.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear, the least horizontal distance between the lot line and the main building shall be used.

Yard, depth means the mean horizontal distance between the front and rear line of a building other than an accessory building and the lot line except as modified in the text of any section in this chapter.

Yard, front means an open, unoccupied space on a lot facing a street between a building and a street line. If no building exists, a front yard is an open unoccupied space facing a street and adjacent thereto.

Yard, rear means a yard between the rear lot line and the rear line of the main building and the side lot lines.

Yard, side means a yard between the building and the sideline of the lot and extending from the front yard to the required minimum rear yard.

Yard, size means a yard between the main building and the adjacent sideline of the lot, and extending entirely from the front yard to the rear yard thereof.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)