For the purpose of this chapter certain terms and words are herewith defined as follows.

Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure", the word "shall" is mandatory, and not directory. The words "used" or "occupied" include the words "intended", "designed", or "arranged to be used or occupied". The word "lot" includes the words "plot" or "parcel."

Abutting, adjacent, adjoining, means contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across an alley, but shall not include property across a street.

Accessory building or use means a subordinate building having a use customarily incident to and located on the same lot occupied by the main building; or a use customarily incident to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

Administrative official means the official, or his designee, appointed by the city administrator to enforce and administer the terms of this chapter. The individual whose decisions and interpretations are appealed to the zoning board of adjustment.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas."

Adult bookstore or adult video store means a commercial establishment, which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video productions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas"; or

2.

Instruments, devices, or paraphernalia, which are designed for use in connection with "specified sexual activities."

Adult cabaret means a night club, bar, restaurant, or similar commercial establishment which regularly features:

1.

Persons who appear in a state of nudity; or

2.

Live performances which are distinguished or characterized by an emphasis on the exposure of "specified anatomical areas" or by an emphasis on "specified sexual activities"; or

3.

Films, motion pictures, videocassettes, slides, or other photographic reproductions, which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas."

Adult motel means a hotel, motel or similar commercial establishment which:

1.

Offers accommodations to the public for any telephone transmission, films, motion pictures, video cassettes, slides or photographic reproductions which are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

3.

Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours.

Adult motion picture theater means a commercial establishment where motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas."

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on the exposure of "specified anatomical areas" or by an emphasis on "specified sexual activities."

Alley means a public minor way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Animal hospital or clinic means a facility operated by a veterinarian for the purpose of examining and treating animals including outdoor facilities for caring for the animals and allowing the keeping of animals overnight.

Animal lot means any area for quartering and/or grazing of any hoofed (even-toed and odd-toed) animals, including but not limited to horses, cows, sheep, goats, etc, and ratites (large flightless birds), including but not limited to emus and ostriches, etc.

Animal shelter means a facility that keeps impounded stray, homeless, abandoned, or unwanted animals.

Animal unit means the equivalent of one horse, one cow or steer, one mule, four emus or ostriches, ten sheep, ten goats, 100 poultry, or 100 rabbits, or an equivalent combination thereof.

Antenna means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Antique vehicle means a passenger car or truck that is at least 35 years old.

Apartment means a room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit or residence by a single family, individual, or group of individuals.

Apartment hotel means any building larger than an apartment house designed or built as a series of separate apartments to be occupied by persons living independently of each other.

Apartment house means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

Arcade means a public place of business where 50 percent or more of the gross sales are derived from amusement machines. The term amusement machine shall mean every machine of any kind of character whatsoever, when such a machine is capable of use or operations for amusement, other than for the purpose of vending merchandise, music, or a service such as telephone service, laundry service, etc. Included in the description of amusement machines are all other machines which are designed for challenge, entertainment, or pleasure.

Arena, riding, means an area, either indoor or outdoor, used for the riding or driving of horses or mules for pleasure or competition on a fee or other remuneration basis.

Asphalt, concrete batching plant, means a facility, permanent or temporary, which mixes asphalt or cement with various aggregates and water in large quantities for transport elsewhere.

Auto repair shop means a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.

Automobile sales area means an open area of 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.

Bakery, retail, means an establishment which produces bakery goods and various confectionery items, such as rolls, bread, etc. for direct sale to the consumer.

Banner means any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners.

Basement means a building story, which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.

Beacon means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

Bed and breakfast means a dwelling in which accommodations with limited meals are provided or offered for transient or temporary guests for compensation.

Block means an area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets, which intersect, said street on the said side. In cases where platting is incomplete or disconnected, the zoning administrative official shall determine the outline of the block.

Board means the zoning board of adjustment as established in section 90-19.

Boarding house means a building other than a hotel, where lodging and meals for five or more persons are served for compensation.

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 an accessory building.

Bufferyard 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.

Building means any structure built for the support, shelter, and/or enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building.

Building area means the portion of a lot remaining after required yards have been provided.

Building footprint means the area of the building in contact with the ground.

Building, height of, means the vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof, to the deck line of mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.

Building line means a line parallel or approximately parallel to the street right-of-way line at a specific distance therefrom marking the minimum distance from the street right-of-way line that a building may be erected.

Building marker means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Building materials and lumber yard means a business which stocks building materials, such as fencing, wire, bricks, cement, and lumber, for use in building construction and landscaping.

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

Cabinet shop means a building and/or premises used for the design and construction of cabinets, shelves and similar structures for subsequent sales, installation and use in homes, businesses and offices.

Caliper means diameter of the trunk measured one foot above ground level.

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

Car wash means a building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.

Carport means an open-sided shelter for automobiles which may be formed by the extension of a roof from the side of a building and which have no more than one of its sides enclosed.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Cemetery means land used or intended to be used for the burial of the dead humans, including mausoleums and mortuaries.

Certificate of occupancy (or permit) means an official certificate issued by the city through the administrative official which indicates conformance with or approved conditional waiver from the building and zoning regulations and authorized legal use and occupancy of the premises for which it is issued.

Church or rectory means a place of worship and religious training of recognized religions including the on-site housing of ministers, rabbis, priests, and nuns.

City administrator means the highest administrative official of the city or his/her designated representative.

City council means the governing body of the City of Kenedy, Texas.

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

Collector street, as defined by the city's latest approved subdivision ordinance.

Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

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.

Comprehensive plan means the comprehensive plan of the City of Kenedy, Texas, as adopted by the city council of the City of Kenedy.

Conditional use means a use which would not be appropriate generally or without certain restrictions throughout a zoning district, but which, if controlled as to number, area, location or relation to the neighborhood would promote the health, safety and welfare of the community.

Condominium means a multi-family dwelling facility within which designated units or apartments are conveyed fee simple title, with an undivided interest in the building's common elements, to include, but not be limited to, halls, stairs, elevators, roofs, parking space, and the land.

Contractor yard means a building and/or premises for the storage of materials, tools, products and vehicles used in the conduct of a construction business related to heating and air conditioning service, building construction, electrical service, landscaping service, plumbing service, utility service, etc.

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

Country club (private) means an area of land containing either a golf course or tennis courts, or both, and a clubhouse and which is available to members only. Country clubs may contain adjunct facilities such as private club, dining room, swimming pool, and other similar recreational or service facilities.

Court means an open, unoccupied space, bounded on three or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Day care home, family, means a place meeting the requirements and registered as a registered family home with the Texas Department of Human Services where 12 or less children are left for care for less than 24 hours a day.

Day care nursery means a place where 12 or more children are left for care a part of the 24 hours of the day.

District (zoning) means a section of the City of Kenedy, Texas, for which the regulations governing the area, height, or use of the land and buildings are uniform.

Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Dwelling, one family, means a detached residential dwelling unit, other than a manufactured home, designed for and occupied by one family only.

Dwelling, two family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling, three family, means a detached residential building containing three dwelling units, designed for occupancy by not more than three families.

Dwelling, four family, means a detached residential building containing four dwelling units, designed for occupancy by not more than four families.

Dwelling, manufactured home, means a structure:

1.

Constructed after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;

2.

Built on a permanent chassis;

3.

Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities,

4.

Transportable in one or more sections; and

5.

In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and includes the plumbing, heating, air conditioning and cooling systems of a home.

Dwelling, mobile home, means a structure:

1.

Constructed before June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;

2.

Built on a permanent chasses;

3.

Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

4.

Transportable in one or more sections; and

5.

In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet, and includes the plumbing, heating, air conditioning and cooling systems of a home.

Dwelling, subsidiary, means a separate living quarters with separate kitchen facilities, which is in addition to the principal dwelling unit on a single-family lot.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

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

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

Family means one or more persons who are related by blood, marriage, adoption, or foster assignment living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than three (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis, but not including a group occupying a hotel, motel, boarding house, club, dormitory, fraternity or sorority house.

Farm means an area of two acres or more which is used for the growing of farm products such as vegetables and grain as well as raising thereon of the usual farm poultry and farm animals such as horses, mules, cattle, sheep, and swine.

Farmer's market means two or more stands or stalls that are owned, leased, or rented for the display or vending of fruit, vegetables, and other garden or farm crop.

Feed store means a commercial establishment which sells animal feed, feeding troughs; animal cages, pens, and gates, fencing materials, pesticides; seeds; and other gardening, farming, and ranching supplies. The sale of baby chicks, rabbits, guinea pigs, and other similar small or domesticated animals may be permitted only with a specific use permit and in accordance with all ordinances.

Fence means any construction or hedge greater than 30 inches in height and of any material the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and retaining walls for the purpose of diverting water and retaining soil are not classified as a fence.

Fine arts means music, painting, sculpture, and including drawing, etchings, ceramics, inlays, needlework, knitting, weaving, and craftwork involving leather, wood, metal and glass.

Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

Flea market means a collection of two or more stalls, booths, tables or other similar arrangements, used by individual vendors, for the display and sale of various items of new or used personal property.

Floodplain means an area identified by the Federal Emergency Management Agency as possibly being flood prone or below the intermediate flood line (100-year floodplain). The issuance of building permits for construction of any structure within such floodplain is regulated by separate specific ordinance governing the safeguards, preventive actions against flooding, types of uses permitted in flood prone areas, etc.

Floodway means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge flood waters.

Floor area means the total (gross) square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, porches, carports or garages that are not designed for residential or business occupancy.

Floor area ratio (FAR) means an indicated ratio between the numbers of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building(s) floor area by the lot area.

Freight terminal, motor, means a property or building in which freight is brought by common carriers during and is stored for interstate or intrastate shipment by motor truck, including the necessary warehouse space for storage of transitory freight.

Freight terminal, railroad, means a property or building in which freight is brought by common carriers during and is stored for interstate or intrastate shipment by rail, including the necessary warehouse space for storage of transitory freight.

Frontage means all the property abutting on one side of the street between two intersecting streets, measured along the street line.

Game hall means a facility open to the public and used for the playing of games of chance, skill, sport or amusement. Such games include but are not limited to the following: dominoes, cards, bingo, billiards, darts, and amusement machines.

Garage, private, means an enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises.

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

Garage sale means an occasional sale at retail open to the public and conducted on a residential premise in a residential district, or in a community facility district, for the purpose of disposing of personal property by a person who does not hold himself out as engaging in, or does habitually engage in, the business of selling such property at retail. The term includes, but is not limited to all sales entitled "lawn", "yard", "room", "backyard", "patio", or "rummage" sale. The term does not include situations where no more than three specific items are offered for sale and all advertisements of such sale specifically name those products to be sold.

Garage, storage (parking), 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.

Government office means any building or facility either owned or leased for use by local, state or federal governments and in which the affairs of the governmental body are carried on.

Grade means the measure of vertical and elevation above some reference point usually mean sea level. Grade is measured as follows:

1.

For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street;

2.

For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street;

3.

For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building.

Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the building inspector shall establish such sidewalk level or its equivalent for the purpose of these regulations.

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

Group home means a residential facility licensed by the Texas Department of Human Resources to house up to six handicapped and/or mentally retarded persons and two supervisors.

Halfway house means a residential facility providing shelter, supervision and residential rehabilitative services for persons who have been inmates of any county, state, or federal correctional institution and released and require a group setting to facilitate the transition to a functional member of society.

Heating/air conditioning (AC) sales and service means an establishment selling heating and air conditioning units, supplies and parts and/or providing the servicing and installation of heating and air conditioning equipment.

Heavy equipment sales means a business offering for sale, and including the servicing and repair of, equipment as construction graders, earth movers, backhoes, cement mixer trucks, dirt moving trucks, etc.

Height of building means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to: (1) the highest point of the roof's surface, (2) to the deck line of mansard roofs, or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Height of yard or court means the vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

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

Home occupation means an occupation conducted in a dwelling unit, provided that:

1.

No person other than members of the family residing on the premises shall be engaged in such occupation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 250 square feet of floor area of the dwelling unit shall be used in the conduct of the home occupation.

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted.

4.

Contractors who work at other locations but use their home as a base of operations may store equipment and materials associated with their trade only within a totally enclosed building or otherwise screened from view from the street or from neighbors. All storage areas must be well maintained and kept free of weeds, litter, and debris. Parking for any employees (assistants, apprentices, etc.) must be off the street on a paved surface, at the rear of the residence.

5.

There shall be no sales from the dwelling in connection with such home occupation; any sales shall be clearly secondary.

6.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

7.

No equipment, process or work shall be used or conducted in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

8.

The operation of beauty culture schools, beauty parlors, barbershops, or lawn mower or other small engine repair shall not be permitted as a home occupation.

9.

No outdoor storage of any type shall be permitted with any home occupation.

Hospital means an institution or place where sick or injured patients are kept overnight and given medical or surgical care.

Hotel means one or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a tourist hotel, a motor hotel, and a motel, but does not include an apartment hotel.

Industrial park means a parcel of land which has been planned and/or coordinated for a variety of industrial and related activities and business uses. This development may be on one parcel or may be subdivided. The project is either owned, controlled or managed by a single entity and has its own master plan and/or covenants, conditions, and restrictions.

Industrialized building means a commercial or industrial structure that is constructed on one or more modules or constructed using one or more modular components built at a location other than the permanent site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial or industrial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems. The term does not include any commercial structure that is in excess of two stories or 35 feet in height as measured from the finished grade elevation at the building entrance.

Industrialized housing means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of two stories or 35 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to:

1.

Housing constructed of sectional or panelized systems not utilizing modular components; or

2.

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

Junk means and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.

Junked vehicle means a vehicle that is self-propelled and inoperable and:

1.

Does not lawfully have attached to it:

a.

An unexpired license plate, or

b.

A valid motor vehicle inspection certificate; or

2.

Is wrecked, dismantled or partially dismantled, or discarded; or

3.

Has remained inoperable for more than 45 consecutive days. For this purpose, "operable" means capable of moving under its own power and meeting the specifications required to pass a Texas motor vehicle inspection.

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

Kindergarten means a school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Landscape architect means a person registered as a landscape architect in the State of Texas pursuant to state law.

Landscape area means an area which is covered by natural grass, ground cover, or other natural plant materials.

Laundry means a building or place where clothes and linens are washed and thoroughly dried and pressed by the use of washing, drying, and ironing machines for fee basis and shall include the term "cleaners," and "dry cleaners."

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

Leather goods, retail, means a commercial establishment which sells leather materials and supplies or leather goods.

Legal non-conforming use, building or yard, means a use, building or yard existing legally at the time of the passage of this chapter 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 this chapter, which does not conform to regulations of the district in which it is situated, shall be illegal.

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

Livestock means animals typical of those that may be kept or raised on a farm or ranch, including but not limited to hoofed animals (horses, cows, sheep, goats, etc.), ratites (ostriches, emus, etc.), poultry (chickens, ducks, geese), and fur-bearers (rabbits, minks, etc.).

Living unit means same as "Dwelling unit."

Loading space, off-street, means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot means an undivided tract or parcel of land having frontage on a public street, or upon an approved open space, having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed or recorded (see "Lot of record").

Lot coverage means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot, but shall exclude driveways and parking areas.

Lot frontage means the length of street frontage between property lines.

Lot lines means the lines bounding a lot as defined:

1.

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

2.

Lot line, rear. 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.

3.

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

Lot measurement. (See Figure 1.)

1.

Area of the lot shall be the area of the lot within the lot lines, expressed in square feet or acreage, including easements, and shall not include portions of any public street or alley.

2.

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear (the mean horizontal distance between the front and rear lot line).

3.

Interior area is the area of the lot remaining after subtracting out the area included in the bufferyards.

4.

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80 percent requirement shall not apply.

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

Lot types. (See Figure 2.)

1.

Corner lot. 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 administrative official.

2.

Interior lot. A lot other than a corner lot with only one street frontage and whose side lot lines do not abut upon any street.

3.

Through lot. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage" lots.

4.

Cul-de-sac lot. A lot whose frontage is along the turn around portion of a street which has only one opening and terminates with a turn around at the closed end.

Figure 1
LOT MEASUREMENTS

Figure 2
LOT TYPES

Main (principal) building means the building or buildings on a lot, which are occupied by the primary use.

Marquee means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and construed to provide protection from the weather.

Masonry or masonry units means that form of solid construction composed of stone, brick, concrete, gypsum, hollow clay tile or other similar building units or materials or combination of these materials which must be laid up unit by unit and set in mortar.

Massage establishment means any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered nurse or a doctor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction.

Mini warehouse means a totally enclosed facility involving one or more buildings and multiple individual units the purpose of which is exclusively for the storage of goods. Retail or wholesale, offices, manufacturing, fabrication, service, repair, or any other type of commercial or business enterprise is expressly prohibited from this type facility. Storage of hazardous and flammable materials as designated by the fire marshal is expressly prohibited from this type of facility.

Mobile home. See "Dwelling, mobile home."

Mobile home park or subdivision means a parcel of land upon which mobile homes are placed or located for purposes of occupancy.

Motor vehicle collector means a person who owns one or more antique or special interest vehicles; and acquires, collects or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve as an antique or special interest vehicle for historic interest.

Neighborhood convenience center means centers which carry convenience goods, such as groceries, drugs, hardware and some variety items, and also may include some service stores. The neighborhood convenience center may contain one or two small apparel or shoe stores, but its is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.

Nightclub or dance hall means an establishment operated as a place of entertainment, characterized by any of the following as a principal use of the establishment: Live, recorded or televised entertainment, including, but not limited to performances by magicians, musicians or comedians; dancing; or any combination of the above.

Non-conforming use means a building, structure or use of land lawfully occupied at the time of the effective date of this chapter or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

Nude model studio means any place where a person appears in a state of nudity or displays "specified anatomical areas" to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a person appearing in a state of nudity who did so in a modeling class operated:

1.

By a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation;

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3.

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

b.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude model is on the premises at any one time.

Nudity or state of nudity means less than completely and opaquely covered:

1.

Human genitals, pubic region or pubic hair; or

2.

Human buttock; or

3.

Female breast or breasts below a point immediately above the top of the areola; or

4.

Any combination of the foregoing.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

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 projections of cornices, eaves or porches.

Orchard means an area of one acre or more which is used for the growing of fruit trees.

Park or playground (public) means an open recreation facility or park owned and operated by a public agency such as the city or the school district and available to the general public or neighborhood use.

Parking space, off-street, for the purposes of this chapter, an off-street parking space shall consist of an indoor or outdoor space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Parkway means that area within the public right-of-way (ROW) between the back of curb or edge of pavement and the right-of-way line.

Paving setback means a line parallel or approximately parallel to the street right-of-way at a specified distance therefrom marking the minimum distance from the street right-of-way line that any pavement, including parking lots and necessary maneuvering areas, may be constructed, except for approved driveway and pedestrian access.

Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permeable pavement means a paving material that permits water penetration.

Permitted uses means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Personal services means businesses which provide services customized for an individual generally involving the care of the person or his or her apparel including, but not limited to barber and beauty shops, shoe and boot repair, dry-cleaning shops, laundries, reducing salons, and health clubs.

Planning and zoning commission means the agency appointed by the city council as an advisory body to it and which is authorized to recommend changes in the zoning ordinance and fulfill the functions authorized by the city council and state law.

Plant nursery means an establishment which grows and sells plants, flowers, shrubs, grass and other items typically used as and associated with outdoor landscaping or houseplants.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Kenedy and subject to approval by the planning and zoning commission. Reference to a plat in this chapter means an official plat of record, which has been approved by the planning and zoning commission and filed in the plat records of Karnes County.

Plumbing sales and service means an establishment selling plumbing supplies and parts and/or providing the repair and installation of plumbing and fixtures.

Premises means land together with any buildings or structures occupying it.

Print shop means an establishment utilizing letter press, duplicating equipment, rotary presses or linotype equipment to produce in printed form orders for its clients or customers.

Private club means facilities where food, beverages (including alcoholic beverages), entertainment, or meeting space are provided to members only.

Private drive (street or place) means an open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.

Produce stand means a store, stand or stall used for the display or vending of fruit, vegetables, and other garden or farm crop.

Professional office means a room or group of rooms occupied by a physician, optometrist, psychologist, chiropractor, dentist, attorney, engineer, surveyor, architect, accountant, planner, management consultant, or any other similar vocation. Veterinary clinics are specifically excluded from this definition.

Ranch means an area of two or more acres which is used for the keeping or raising of farm animals and livestock including, but not limited to horses, mules, sheep, goats, cattle, and swine.

Recreational equipment, major, is defined to include boats, trailers and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, horse trailers, utility trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

Recreational vehicle means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.

Recreational vehicle park means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of occupancy of camper vehicles, recreational vehicles, tents, or trailers for any length of time.

Recycling collection facility means a facility designed to collect, sort, and package, by either manual or mechanical processes, recyclable items for transport to a processing plant.

Rental store means an establishment which offers an array of items such as appliances, furniture, stereo equipment, televisions, etc. at a stated price for a fixed interval of time under a lease or rental agreement.

Residence means same as dwelling; also when used with the word district, an area of residential regulations.

Restaurant means any eating or drinking establishment where the preparation and serving of food is the primary business of such establishment including cafes, bistros, cafeterias, and other fast food and drive-in establishments.

Reversed frontage means a lot abutting two or more streets at their intersection. A reversed frontage lot shall be deemed to front on that street at which it has its greatest frontage unless otherwise specified by the administrative official.

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

Rooming house means a building other than a hotel where lodging for three but not more than 12 persons is provided for definite periods for compensation pursuant to previous arrangements.

Salvage shall necessarily include discarded, abandoned, junked, wrecked, dismantled, worn out or ruined motor vehicles (including automobiles, trucks, tractor, trailers, and buses), motor vehicle parts, boats, travel trailers, cranes, machinery or equipment, machinery or equipment parts, recreational vehicles and/or any junk.

Salvage yard means any lot or tract of land upon which three or more discarded, abandoned, junked, wrecked, dismantled, worn out or ruined motor vehicles, or motor vehicles parts are kept, stored, bought, sold, recycled or otherwise placed, or are disassembled, dismantled, stripped, scrapped, recycled or cut up. This shall include automotive wrecking yard and automotive graveyard.

School means a place having a curriculum for the purpose of giving instruction, training or education in a service, art, trade or for general knowledge.

Screening device means a fence, wall, hedge or other device, which is solid, made of durable material and without holes, penetrations or other openings other than those required for passage and which is designed to prevent persons from seeing through. A screening device shall be at least six feet in height but no more than eight feet in height unless otherwise specifically permitted by the provisions of this chapter or unless approved as a variance by the board of adjustment.

Seasonal color means landscape areas used for annual and perennial flowers intended to maintain year-round color accents.

Seat means, for the purposes of this chapter, such sitting space as needed, or is designed to be used for one person to sit down and occupy.

Second hand store means an establishment specializing in the sale of previously used materials, goods and merchandise of less than 20 years of age and of that material, goods and merchandise over 20 years of age which do not derive their value as a result of their age.

Servant or caretaker's quarters means a secondary dwelling unit located on a lot with a main residential structure and used as living quarters for persons employed on the premises and not for rent or use as a separate domicile by persons other than those employed on the premises or their immediate family.

Service station means a business establishment where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and the servicing of vehicles occurs, but not including the major overhaul of automobiles, body work, or repair of heavy trucks and equipment.

Setback means the distance from the property line to the nearest part of the building, structure or sign, measured perpendicularly to the property line. See also "Building line."

Sexually oriented business means any commercial enterprise whose primary business is the offering of a service of the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. This includes, but is not limited to any love parlor, adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio.

Shopping center or mall means a planned and coordinated grouping of retail business and service uses on a single site or a combination of sites where special attention is given to on-site vehicular circulation, parking and building design and orientation.

Showroom warehouse means a sales and office facility for a product that by nature of the bulk dimensions of the product requires a larger than normal storage area ratio to sales and office area to maintain a normal operating product inventory. A showroom warehouse is specifically not intended to be a wholesale distribution center.

Shrubs means plants, which grow vertically in a multi-branched growth pattern.

Sign means a presentation of letters, numbers, figures, pictures, emblems, insignias, lines or colors or any combination thereof, displayed for the purpose of information, direction or identification, or to advertise or promote a business, service, activity, interest or product.

Special exception means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would be wholly compatible with conditions affecting the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if approved by the board of adjustment (see section 90-19).

Special interest vehicle means a motor vehicle of any age that has not changed from original manufacturer's specifications, and because of its historic interest, is being preserved by a hobbyist.

Specified anatomical areas means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola.

Specified sexual activities means and includes any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; and

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 3. above.

Stable or barn (commercial) means a structure or building used for the boarding and quartering of horses, cows or other domestic livestock on a fee or other remuneration basis.

Stable or barn (private) means a structure or building used for quartering horses, cows or other domestic livestock of the property owner.

Story means that part 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 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.

Street means a public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the city for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.

Street frontage means the distance for which a lot line of a lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.

Street line means the right-of-way of a street.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the city building code.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards, and poster panels.

Subdivision ordinance means the latest approved ordinance providing for the division or redivision of land into two or more lots, tracts, sites, or parcels for the purpose of development.

Swimming pool, public, means a recreational facility used for swimming which is open to the public and/or for which a membership is required, or a fee or charge is made for the use of the facility.

Tack store means a commercial establishment which sells horse equipment such as saddles, bridles, blankets, riding accoutrements, etc.

Television satellite dish means an earth-based station shaped like a dish which is used for the reception of satellite signals for television programs.

Temporary building means a building of no more than 500 square feet that is not permanently attached to the property.

Tennis court, private, means a concrete, clay or asphalt court which is used for the playing of tennis by the owners, employees, or residents of the property and their guests.

Tennis court, public, means a concrete, clay or asphalt court which is used by the general public and/or for which membership is required or a fee or charge is made for the use of the facility.

Thoroughfare means as defined in the city's latest approved subdivision ordinance.

Tool and equipment rental means an establishment which offers an array of tools and equipment and machinery such as cranes, backhoes, trucks, tractors, etc. at a stated price for a fixed interval of time under a lease or rental agreement.

Tourist home or dude ranch means a dwelling in which accommodations are provided or offered for transient or temporary guests for compensation.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, personal telecommunications towers and similar structures.

Townhouse means a single-family dwelling facility constructed in a series, or group of units having common walls, each on a separate lot of record.

Travel trailer means a mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home.

Underground shelter means a concrete structure designed for the protection of humans from tornadoes or from nuclear blast, heat or fall-out, the main portion of which is underground.

Understory/accent trees means 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.

Use means the purpose for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied.

Use, accessory, means a subordinate use on the same lot with the principal use and incidental and accessory thereto.

Utility facilities means any water supply, water treatment, water pumping, water storage or other water facility; any sewerage treatment or pumping facility; any electrical generating facility, electrical transmission, switching facility, or electrical substation, any telephone exchange or other similar telephone communication facility; any natural gas pumping or storage facility; or any cable television receiving or transmission facility, when owned and operated by the City of Kenedy or any utility or communications concern operating under a franchise approved by the city council.

Variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. Except as specifically authorized in sections 90-20 and 90-21, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance except as provided in sections 90-20 and 90-21, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.

Veterinary clinic means an establishment for the care and medical veterinary practice on or for domestic household animals, conducted completely within an enclosed structure. This term shall also include "animal clinic."

Washateria means a building or place where clothes and linens are washed and thoroughly dried on a self-service basis by the use of washing, drying and ironing machines.

Yard means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, and roof overhangs not exceeding 30 inches, may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front, means a yard extending between side lot lines across the front of a lot adjoining a public street (see Figure 3).

In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of the depths required for second front yards in the district shall be provided on the other frontage.

In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:

1.

At least one front yard shall be provided having the full depth required generally in the district;

2.

No other front yard on such lot shall have less than the minimum required second front yard for corner lots.

Depth of required front yards shall be measured at right angles to the front lot line.

Yard, rear, means a yard extending across the rear of the lot between lot lines. In the case of through lots there will be no rear yards, but only front and side yards. All other lots will have rear yard (see Figure 3).

Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

In cases where a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum rear yard requirement shall be the distance from the rear-most point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines, providing that the rear yard is parallel to at least one lot line along the rear of the lot.

Yard, side, means a yard extending from the rear line of the required front yard to the front of the required rear yard, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required (see Figure 3).

Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

Yard, special, means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

Figure 3
YARD ORIENTATION