To cease or discontinue a use or activity but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Having lot lines or district boundaries in common. The term is used interchangeably with “adjacent.”

A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and bathroom facilities, which is an attached or detached unit on the same lot as an existing single-family structure. A mobile home is not an accessory dwelling unit.

A structure that is incidental to and customarily associated with a specific principal use or building on the same site.

A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

See “Abutting.”

The local official responsible for administration and enforcement of this zoning ordinance.

A facility that provides services under an adult day-care program, on a daily or regular basis but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day services centers (also referred to as adult day-care centers) must be licensed by the Texas Department of Human Services or its successor.

Land where [used for] the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including forages and sod crops, grains and seed crops, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses, and ponies.

The establishments or places of business engaged primarily in retail sale for off-premises consumption of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer, or wine for off-site consumption.

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

Any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.

An indoor or outdoor facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

The act or process of adding land to a governmental unit, usually an incorporated place, by an ordinance, a court order, or other legal action.

Any store where household appliances are sold, rented, leased, or repaired.

The person or entity responsible for the submission of an application. The applicant must be the actual owner of the property for which an application is submitted or shall be a duly authorized representative of the property owner.

An institution for the collection, display, or distribution of objects of art, and that is sponsored by a public or quasi-public agency, open to the public.

A facility operated by a business or nonprofit organization where ill or elderly people are provided with lodging and meals, with or without nursing care.

Any building, structure, improvements, or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service, and sales.

Use of any building or portion thereof for the sale of new or used automobile parts, tires, and accessories.

Use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new or used motor vehicles. Any warranty repair work and other repair service is conducted as an accessory use within an enclosed building.

A building or portion thereof, with or without a drive-up window, for the custody, loan, or exchange of money; for extension of credit; and for facilitating the transmission of funds.

An establishment, not a restaurant, the principal activity of which is the sale and consumption on the premises of liquor, wine, beer, or any other alcoholic beverages, whether served with or without food and other refreshment.

An off-premise sign on which the message or copy can be changed periodically through manual means.

An off-premise sign on which the message or copy can be electronically changed by remote or automatic means.

Means the board of adjustment.

A building, other than a hotel or motel, where lodging or rooms, or both, are provided for compensation, whether directly or indirectly with regular meals prepared and served in a central location.

A use that brews ales, beers, meads, and/or similar beverages on-site. Regular breweries are classified as a use that manufactures less than 15,000 gallons of beverages annually (all beverages combined).

An establishment containing one or more broadcasting studios for over-the-air, cable, or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. This term does not include a transmission tower.

A structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals, or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building.

The ratio of the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps to the total lot area. All dimensions shall be measured between the exterior faces of walls.

The vertical distance from the average, natural grade at the building line, to the highest point of the coping of flat roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

A non-accessory building in which a principal use of the lot on which it is located is conducted.

The wall of the principal building forming a part of the main structure. The foundation walls of unenclosed porches or piazzas, steps, walks, and retaining walls or similar structure shall not be considered as building walls under the provisions of this Zoning Code.

Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents, which accommodate each guest or visitor for no more than seven (7) consecutive days during any one-month period.

A shop involving woodworking and the assembly of wood products.

Space for the housing or storage of motor vehicles enclosed on not more than three sides by walls and either attached to the principal building or freestanding.

Mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets, as an accessory use to an automobile service station.

A service providing meals or refreshment preparation for public or private entertainment for a fee.

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Per section 42.002 of the State of Texas Human Resources Code, as may be amended, “child-care facility” means a facility licensed, certified, or registered by the department of family and protective services (or its successor) to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

A business that sells a variety of cigars. It may also sell other tobacco accessories such as lighters, cigar boxes and containers, as well as cigar cutters and punches. In addition, this business may contain a lounge where persons can go to smoke cigars.

The City of Kermit, Texas, together with all its governing and operating bodies.

A facility operated by one or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.

The planning and zoning commission of the City of Kermit.

A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, cultural, or educational needs of the community or neighborhood.

A private or public lot under one acre for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

The duly adopted comprehensive plan for the City of Kermit which indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, utilities, parks other public and private developments and improvements and population projections. The plan may consist of but is not limited to the following plan elements: Future Land Use Plan, Mobility, Housing, Livability, and Infrastructure.

A store that receives merchandise on consignment from individuals and places for resale.

Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware. This use type excludes those uses classified under automotive and equipment services and heavy retail. Typical uses include building materials sales or tool and equipment rental or sales.

A building, part of a building, or land area for the construction or outdoor or indoor storage of materials, tools, products, and vehicle fleets.

A home licensed by the state for the aged or chronically or incurably ill persons in which five or more such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics, or other institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Per section 42.002 of the State of Texas Human Resources Code, as may be amended, “day-care center” means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

An industrial use that manufactures liquor and sells distilled spirits for consumption off the premises.

A building or facility where customers can be served without leaving a vehicle.

A private access way, primarily for vehicles, leading from a street to a dwelling unit, parking lot, parking garage, or loading area.

A building designed for occupancy for two families living independently of each other on one lot.

Any building, or portion thereof, that is designed, built, rented, leased, or let to be occupied as three or more dwelling units or apartments, or that is occupied as a home or place of residence by three or more families living in independent and separate housekeeping units.

The use of a site for three or more attached dwelling units, each occupied by one family and separated by vertical side walls extending from foundation through roof without openings. Each single-family (attached) dwelling unit must have at least two exposed exterior walls.

A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

A grant by a property owner of the use of land by the public, a corporation, entity, or persons for specific purposes.

A public, private, or parochial school offering instruction at the elementary, junior high, or high school level in the branches of learning and study required to be taught in schools within the State of Texas.

A part of the electrical distribution system with the primary function to transform electrical voltage, including transformer stations and switching stations.

Means the advancement of a structure or improvements beyond established limits, lot lines, easements, or service areas.

The business enterprise of excavation and removal of stone, sand, gravel, soil, or similar earthen materials from a site, whether the intent is to increase the utility and values of the site or to use the materials for landfilling on another site.

A two-mile boundary around the city limits in which the city has limited governing power as stipulated in chapter 42 of the Texas Local Government Code in which the city may apply its subdivision regulations and other ordinances and regulations specifically provided by state law to be applied within the ETJ.

A person living alone, any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship, or no more than five unrelated people living as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities.

An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include secondhand goods) dispensed from booths located on-site.

See “Restaurant, drive-through.”

Establishments or places of business primarily engaged in the retail sale of food and household products for home consumption. Food sales establishments may include the sale of non-food items. However, the sales of non-food items may account for no more than the lesser of 25% of the sales area or 10,000 square feet of the food sales establishment. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

All the property on one side of a street between two intersecting streets measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

For applying the on-premise sign regulations, the frontage toward which the use faces or is oriented. One such primary frontage shall be allowed on a zoning lot.

Establishments engaged in undertaking services such as crematoriums, preparing the human dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

An attached or detached accessory building not over one story or twenty feet in height used for parking or storage of vehicles as may be required in connection with the permitted use of the principal building. However, the storage of one commercial vehicle not exceeding three-fourths ton may be permitted.

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.

A building or portion of a building used chiefly in connection with tanks, pumps, and other appliances, for supplying motor vehicles with gasoline, oil, compressed air, water, electrical charging, and other fuel supplies, but not for making repairs.

Places primarily devoted to subsurface mining of gas or oil. Typical uses are gas and oil drilling operations. Regulations for gas or oil well operation can be found in article 5.07 of the Kermit Municipal Code.

The average level of the finished surface of the ground adjacent to the exterior walls of the building:

See “Food services.”

The sum of the horizontal areas of the habitable stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Excludes basements, attics, unenclosed porches, balconies, and decks. Enclosed porches shall be included in the calculation of gross floor area.

Per section 42.002 of the State of Texas Human Resources Code, as may be amended, “group day-care home” means a child-care facility that provides care at the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

A facility where members or non-members use equipment or space for the purpose of physical exercise.

A use incidental and secondary to a property’s primary residential use.

An institution, licensed by the State of Texas Department of Health, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

A building in which lodging and/or boarding are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks, and paved recreation areas.

A measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.

Any man-made fixed item that becomes part of or placed upon real property.

Uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development. This phrase includes:

Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration, or air pollution effects across property lines, but often including outdoor storage of materials or products. Examples include, but are not limited to:

Enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials. Outdoor storage is permitted with proper screening. Examples include, but are not limited to:

Establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution. These establishments are characterized by having no major external environmental effects across property lines and include no unscreened or unenclosed outdoor storage. Examples include, but are not limited to:

Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, or packed, disassembled or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, automobile, tractor, or machinery wrecking and used parts yards, but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded, or salvaged materials as part of the manufacturing operation.

Any building or lot on which five (5) or more domesticated animals more than six (6) months of age are housed, bred, boarded, trained, or sold. Also known as animal boarding.

A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive.

The area within the boundaries of a given lot, site, or common development consisting primarily of plant material, including but not limited to grass, trees, shrubs, vines, ground cover, and other organic plant materials including drought-tolerant plant materials, or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

Use of a site for the temporary confinement and exchange or sale of livestock. Typical uses include sales barns.

Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

The area of a horizontal plane bordered by the front, side, and rear lot lines.

A lot abutting upon two or more public or private streets at their intersection, not including alleys.

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

A lot of record having a frontage on two nonintersecting streets, as distinguished from a corner lot.

A lot other than a corner lot.

The lines bounding a lot of record.

The width of a lot of record measured at the building line and at right angles to its depth.

A lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder, or a parcel of land, the deed of which was recorded in the office of the county recorder prior to the original adoption of this code. Known as “lot” in this Zoning Code.

An establishment, other than a restaurant, where liquor, wine, beer, and/or other alcoholic beverage is served, dispensed or sold, whether served with or without food or other refreshment, and where facilities are offered for dancing, or dancing is permitted or invited, by the general public, or where live entertainment is provided.

A factory-built single-family dwelling structure which is to be used as a place for human habitation, which is manufactured or constructed under the authority of 42 U.S.C. section 5403, Federal Manufactured Home Construction and Safety Standards, and which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles and is placed on a permanent foundation. A mobile home constructed to the national Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling as is provided in the Code of Iowa section 435.26 and is placed on a permanent foundation. For any of these regulations, manufactured homes are considered the same as single-family detached dwellings.

The development of a tract of land or building or structure with two or more different uses, such as, but not limited to residential, office, retail, public, entertainment, and recreational.

Any motorized vehicle designed to be portable and not permanently attached to the ground from which food is peddled, vended, sold for sale, or given away.

Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Texas. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no state or federal seals.

A unified development under single ownership, developed, subdivided, planned, and improved for the placement of mobile home units for non-transient use. Mobile home parks include common areas and facilities for management, recreation, laundry, utility services, storage, and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for the purposes of display, inspection, sale, or storage.

A development subdivided, planned, and improved for the placement of mobile home units on lots for uses by the individual owners of such lots. Mobile home subdivisions may include common areas and facilities for management, recreation, laundry, utility services, storage, and other services; but do not include mobile home sales lots on which unoccupied mobile homes are parked for display, inspection, sale, or storage.

A factory-built structure which is manufactured or constructed to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be attached or towed behind a motor vehicle, and which does not have permanently attached to its body or frame any wheels or axles. Modular homes shall be subject to the same regulations as site-built homes.

An 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.

A specialized theater for showing movies or motion pictures.

A building or portion thereof, existing at the effective date of this Zoning Code, or amendments thereto, and which does not conform to the provisions of this Zoning Code or to the use regulations of the district in which it is located.

A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Zoning Code which no longer conforms to the zoning standards because of said revision or amendment.

A use which lawfully occupied a building or land at the time this Zoning Code, or amendment thereto, became effective, and which does not conform to the use regulations of the district in which it is located.

A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

A roofed structure attached to the principal building open on two or more sides, projecting not more than eight feet within the front yard, not more than three feet within a side yard, and not more than eight feet within a rear yard.

An area or portion of land, either landscaped or essentially unimproved and which is used to meet recreational or spatial needs, or to protect water, air, or plant areas.

Uses that provide commercial amusement outdoors that have higher traffic demands, space requirements, and external effects, including, but not limited to:

The temporary outside display of finished goods. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., outside storage) of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing.

The outdoor storage or display of materials on private property, parts, or products that are related to the primary use of a site for a period exceeding forty-eight (48) hours.

Any person, agent, firm, corporation, or partnership that alone, jointly, or severally with others:

One or more lots which are designated by the owner or applicant as land to be used or developed as a unit, or which has been developed as a unit.

Any public or private land available for recreational, educational, cultural, or aesthetic use.

An area of land, a yard, or other open space off the street on a lot used for or designed for use by standing motor vehicles together with a driveway connecting the parking lot with a public place.

A surfaced area of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of the driveway or access drives, for the parking of a motor vehicle, and connected with a street or alley by a surfaced driveway which provides satisfactory ingress for automobiles.

A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.

An establishment that lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or, that deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

A land use type allowed as a matter of right in a zoning district, subject only to special requirements of this Zoning Code.

Establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; television or electronics repair; or dry-cleaning stations serving individuals and households. Personal services include establishments providing for the administration of massage or massage therapy.

Any place or establishment, public or private, where animals are bathed, clipped, or combed to enhancing their aesthetic value or health and for which a fee is charged.

A shop or a store wherein prescription medicines may be obtained during all operating hours wherein primarily medicine and medical supplies are offered for sale.

An indoor place where people gather for civic or cultural purposes. The phrase “place of assembly” includes place of worship, meeting hall, lecture hall, fraternal organization, community center, or private club. The phrase “place of assembly” does not include the phrase “indoor recreation.”

A container that may be used to transport goods but may then also be stationary on a single site for any period of time before or after transport. The term includes, but is not limited to, truck containers, portable moving containers (POD), and shipping containers.

Postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

A use not permitted in a zoning district.

Means all those small mobile units principally designed for recreation pastime such as motor homes, camper trailers, pickup campers, pop-up tent trailers, and similar camping-type vehicles or trailers.

Any tract of land under single ownership and where accommodation is provided for transient trailer use for a maximum of seven days.

A temporary freestanding structure used to sell to and serve to drive-through and walk-up customers prepackaged foods and beverages from a drive-through window for off-premises consumption and that provides no indoor or outdoor seating.

An establishment, with drive-through window or curb service, where food and/or drink are prepared for consumption on the premises or off-site. Includes donut and coffee shops with drive-through windows.

A use engaged in the preparation and retail sale of food and beverages for consumption on-site or off-site, including the sale of alcoholic beverages on-site when conducted as a secondary feature of the use, producing less than fifty percent (50%) of the establishment’s gross income.

Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications. Typical uses include department stores, apparel stores, furniture stores, or establishments providing the following products or services:

Establishments providing retail services, occupying facilities over 20,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general retailing oriented to Kermit and its surrounding vicinity.

Establishments providing retail services, occupying facilities less than 20,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general-purpose retailing oriented to Kermit and its surrounding vicinity.

The action or process of assigning land or property to a different category of restrictions on use and development.

A parcel of land upon which facilities such as highways, railroads, or utilities are constructed. It is the legal right of a person, vehicle, or utility to use this parcel of land, as granted, to pass over property owned by another party.

A structural covering over any portion of a building or structure including projections beyond the walls or supports of the building or structure.

Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

Facilities for conduct of public safety and emergency services including police and fire protection services and emergency medical and ambulance services.

The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features as may be permitted by the landscape and screening provisions of this Zoning Code.

A building or group of buildings containing varying sizes of individualized, compartmentalized, and controlled stalls or lockers for the dead storage of customer’s goods or wares, excluding junk, explosive or flammable materials, and other noxious or dangerous materials. No business activities other than rental or storage units shall be conducted on the premises. Self-storage is also known as mini-storage, convenience storage, or mini-warehousing.

A line within a lot or other parcel of land parallel to a public road, street, or highway right-of-way line defining that minimum distance between the building or other area, structure, or feature and property line as may be required in this Zoning Code.

Any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than thirty (30) consecutive days.

A triangular area on a corner lot, two of the sides of such triangle being formed by extending two imaginary lines from the corner of the lot adjacent to the street intersection at least thirty (30) feet back to two points along the sides of the lot parallel to the two intersecting streets, the third side then being formed by the connection of such points.

Any device (including but not limited to letters, words, numerals, figures, emblems, pictures, or any part or combination) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. The term “sign” shall not include any governmental unit, nor shall it include any item of merchandise normally displayed within a show window of a business.

A portable, and self-supporting sign used for advertising purposes, constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top. Also known as a sandwich board sign.

A sign, including sign face and supporting structure, which refers to a discontinued business, profession, commodity, service, or other activity or use formerly occupying the site; or which contains no sign copy on all sign faces for a continuous period of six months.

The area of the surface of a sign, bounded by the top, bottom and sides.

A sign that is structurally connected to a building or depends upon that building for support.

A sign printed on such a temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for a supporting framework.

Material with a printed message or graphic secured or mounted from a structure in such a way as to allow wind movement.

A sign that is attached or made an integral part of a canopy.

A sign consisting of no more than two parallel or near parallel faces supported by a single structure.

A sign which uses an array of electrically illuminated lights, generally controlled by a computer or other electronic programming device, to display information or supporting graphics.

A sign that is emblazoned on a flag and is intended to be displayed in a free-flowing manner.

A sign that is self-supporting and structurally independent from any building.

A detached on-premise sign built on a freestanding frame, mast, or pole(s) with a clearance no greater than three (3) feet. This includes monument signs.

A sign with an artificial light source incorporated internally or externally (directly or indirectly) for the purpose of illuminating the sign.

An on-premise freestanding sign with the appearance of a solid base.

A sign that conveys its message through rotating, changing, or animated elements.

A sign that was legally erected prior to the adoption of this Zoning Code but which violates the regulations of this Zoning Code.

A sign which advertises or directs attention to a business, product, service, or activity which is not usually available on the premises where the sign is located.

An on-premise sign built on a freestanding frame, mast, or pole(s) with a clearance greater than three (3) feet.

A sign supported by frames or posts rigidly attached to bases not permanently attached to the ground or a building and capable of being moved from place to place, and constructed of paper, cloth, canvas, light fabric, cardboard, plywood, light plastic or other similar materials.

A sign other than a wall sign that is attached to and projects more than two (2) foot from a building face.

A small detached or attached sign located on a residential premise, conveying a message communicated by the owner or resident of the property.

A sign or part of sign erected upon, against, or directly above a roof or on top of or above the parapet or cornice of a building.

A sign designed or fabricated of materials that advertise or communicate messages that change frequently or that become outdated, are made of materials of relatively low durability, or are intended to be removed or replaced within a period of six (6) months or less. Also known as a portable sign.

A portable sign typically constructed of cloth, bunting, plastic, paper, or similar non-rigid material, and attached to a vertically mounted pole that is securely fastened to the ground.

A sign attached to and parallel with the side of a building that does not project more than two (2) feet from the building wall.

A portable sign constructed of cloth, bunting, plastic, paper, or similar non-rigid material, and securely attached to the wall or support structure for which it is advertising. Flags are not considered wall banners.

A sign painted on or installed inside a window for the purpose of viewing from outside the premises.

A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land; and any other information that is required by this article.

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility-supplied electricity.

Any solar collector solar device, or structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy. Typical uses include attached solar panels, freestanding solar panels, solar energy devices integrated as part of the primary or accessory structure, and passive energy systems that include building elements without any mechanical or electrical systems.

A use with operating and/or physical characteristics different from uses permitted by right in a given zoning district which may, nonetheless, be compatible with those uses under special conditions and with adequate public review. Specific uses are allowed in a zoning district only at the discretion of and with the explicit permission of the board of adjustment.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling or roof next above it.

A space under a sloping roof which has the line of intersection of roof decking and the wall face not more than four feet above the top floor level. A half story containing independent apartments or living quarters shall be counted as a full story.

A right-of-way, dedicated to public use, which affords a primary means of access to the abutting property. This definition is intended to be inclusive of the term as defined in State of Texas law.

A street that serves, or is designed to serve, as a connection between uses which generate heavy traffic volumes or between other arterial streets, as defined by the Texas Department of Transportation.

A street that serves or is designed to serve as the connection from local streets to arterial streets, such as the main entrance street of a residential development, as defined by the Texas Department of Transportation. Collector streets may also serve as a secondary connection between arterial streets.

A local street having one end open to vehicular traffic and the other end permanently closed with a vehicular turnaround.

A street designed to provide vehicular access to abutting property and to discourage through traffic, as defined by the Texas Department of Transportation.

Any road or street that is not publicly owned and maintained and used for access by the occupants of the development, their guests, and the general public.

Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground, but not including fences or poles and appurtenances thereto used for the provisions of public utilities.

Any replacement or change in the type of construction or in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance, as may be required for the safety of the building.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include either:

A tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purpose above ground in a fixed location, freestanding, guyed, or on a building or other structure.

The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

A facility intended to provide services to the trucking industry, including but not limited to the following activities as part of the facility: dispensing of fuel, repair shops, automated washes, restaurants, overnight parking, and shower facilities.

A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck.

A lot over one acre not in an agricultural district, used to grow and harvest food crops and/or non-food crops for personal or commercial use. An orchard or tree farm that is a principal use is considered an urban farm. An urban farm may be divided into plots for cultivation by one or more individuals and/or groups or may be cultivated by individuals and/or groups collectively. The products of an urban farm may or may not be for commercial purposes.

The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

Installations, either above or below ground, necessary for the production, generation, transmission, delivery, collection, treatment, or storage of water, solid or fluid wastes, stormwater, energy media, gas, electronic or electromagnetic signals or other services which are precedent to development and use of land.

Long-term storage of operating or non-operating vehicles for a period exceeding twenty-one (21) days. Typical uses include storage of private parking tow-away or impound yards but exclude dismantling or salvage.

An establishment where animals and pets are admitted for examination and medical treatment. Short-term kenneling as an accessory use to the veterinary clinic are permitted.

A failure of a structure or other development to be fully compliant with the regulations in this Zoning Code. In the floodplain district, a structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Zoning Code is presumed to be in violation until such time as that documentation is provided.

Uses including storage, distribution, and handling of goods and materials within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and van and storage companies.

Uses including open-air storage, distribution, and handling of goods and materials. Typical uses include grain elevators and open storage yards.

An establishment where wine is made.

An open space on the same lot with a building, unoccupied and unobstructed by any portion of the structure from the ground upward, excepting as otherwise provided herein. In measuring a lot for the purpose of determining the depth of a front yard, or the depth of a rear yard, the least distance between the lot line and the main building shall be used, as defined by “setback line” above.

A yard measured across the full width of the lot and measured between the front lot line and the building or any projections thereof, other than the projections of the usual steps or unenclosed porches. On corner lots, the front yard shall be construed as the lot line where the front door faces.

A side yard located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

A yard extending across the full width of the lot and measured between the rear lot line and the principal building or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. The rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

The area extending between the front yard and the rear yard or rear street yard and situated between the side street lot line and the face of the principal building, other than the projections of the usual steps or unenclosed porches, which is parallel to, or most nearly parallel to, the side street lot line.

Allows the building setback to be the same as the property line.

The official zoning map adopted through ordinance and subsequent amendments thereto by the city council of the City of Kermit.