Accessory sign.Any sign which gives directions, instruction, or safety information and is in no way used for the purpose of advertising.
Accessory structure.A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
Accessory use.A use of land or of a building or portion of a building customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
Adaptive reuse.The development of a new use for an older building or for a building originally designed for a special or specific purpose.
Addition.A structure added to the original structure at some time after the completion of the original; an extension or increase in floor area or height of a building or structure.
Adult bookstore/adult video store.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:
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(b) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret.A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear in state of nudity; or
(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(c) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel.A hotel, motel or similar commercial establishment which:
(a) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "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
(b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Advertising.To seek the attraction of, or to direct the attention of, the public to any goods, services or merchandise whatsoever.
Aerial map.A map created from a process involving the taking of photographs from the air with predetermined reference points marked on the ground.
Aesthetic.The perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.
Agricultural zoning.Regulations that protect agricultural land base by limiting nonagricultural uses, prohibiting high-density development, requiring houses to be clustered on small lots, and restricting subdivision of land into parcels that are too small to farm.
Alley.A service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
Amortization.A method of eliminating nonconforming uses by requiring the termination of nonconforming use after a specified period of time.
Amusement park.A facility, primarily outdoors, that may include structures and building(s) where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, as well as buildings for shows, entertainment, restaurants, and souvenir sales.
Animal kennel.Any structure or premises, in which animals are boarded, groomed, bred, or trained for commercial gain.
Animal shelter.A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, established humane society, animal welfare society, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
Annexation.The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
Antenna.A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures.
Apartment house.Any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.
Apartment.A room or suite of rooms in an apartment house arranged, designed, or occupied as a residence by a single-family, individual, or group of individuals.
Applicant.A person submitting an application for development.
Appraisal.An estimate or opinion of the value of real or personal property or an interest or estate in that property as determined by a qualified appraiser.
Archery range.An outdoor facility, which may include buildings or structures, used for target practice with bows and arrows.
Architectural style.The characteristics, form, and detail of buildings or a particular historic period.
Area of lot.The net area of the lot, not including portions of streets and alleys.
Area of wall.Area calculated by multiplying the length of the wall on lease space, between firewalls and the distance between ground level and the roof line, the highest point where the roof attaches to or meets the wall. Cornices extending above the roof or parapet walls shall not be included in calculating the total area of a wall.
Artist studio.A place of work for an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.
Assisted living facility.Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.
Auction house.A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.
Automated teller machine.An automated device that performs banking financial functions at a location that may be separate from the controlling financial institution.
Automatic carwash.A structure containing facilities for washing automobiles or semiautomatic application of cleaner, brushes, rinse water, and heat for drying.
Automobile repair service, major.General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, welding, and major painting service.
Automobile repair service, minor.The replacement or repair of any automobile part that does not require removal of the engine head or pan, engine transmission, or differential but may include incidental body and fender work, minor painting, and upholstering service.
Automobile sales.The use of any building, land area, or other premise principally for the display, sale, rental, or lease of new or used automobiles (but may include light trucks or vans, trailers, or recreational vehicles), and including any vehicle preparation, warranty, or repair work conducted as an accessory use.
Banner.A soft, flexible sign, similar to a flag, made of cloth, plastic, or other material.
Base map.A map having sufficient points of reference, such as state, county, or municipal boundary lines, streets, easements, and other selected physical features, to allow the plotting of other data.
Basement.That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
Bed and breakfast.Overnight accommodations that include a morning meal in a dwelling unit provided to transients for compensation.
Berm.A mound of earth or the act of pushing earth into a mound.
Bike lane.A corridor expressly reserved for bicycles, located on a street or roadway in addition to any lanes for use by motorized vehicles.
Block.An area within the city enclosed by streets and occupied by or intended for buildings; or, if the 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 the street on such side.
Board of adjustment.An officially constituted body whose principal duties are to hear appeals and, where appropriate, grant variances from the strict interpretation of the zoning ordinance.
Boarding house.A building other than a hotel, where overnight lodging is offered for five or more persons for compensation.
Breezeway.A covered passage one story in height connecting a main structure and an accessory building.
Buffer strip.Open spaces, landscaped areas, fences, walls, berms, or any combination used to physically separate or screen one use or property from another to visually shield or block noise, lights, or other nuisances.
Building development.The construction or placement on the property of any structure, portable building, or mobile home, to be occupied as a dwelling, office, storage area or other commercial or industrial use, or the improvement of the site by grading and paving.
Building height.The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.
Building inspector.The individual designated by the appointing authority to enforce the provisions of the building code.
Building line.A line parallel or approximately parallel to the street line and beyond which buildings may not be erected.
Building permit.Written permission issued by the proper municipal authority for the construction, repair, alteration, or addition to a structure.
Building setback line.The line within the property defining the minimum horizontal distance between a building and the adjacent street line.
Building, end of.Those sides of the building having the least dimensions and in which doors or openings are not customarily provided for ingress and egress.
Building.Any structure or building for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind.
Business.The erection or use of any property, building, or structure, permanent or temporary, for the primary purpose of conducting in the building or structure or on the property a legitimate retail or commercial enterprise in compliance with all ordinances and regulations governing such activity; business purpose shall not include any property, building or structure erected or used for the primary purpose of securing a permit or erecting a sign.
Campground.A plot of ground on which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.
Campus.The grounds and buildings of a public or private college, university, school, or institution.
Canopy.Any structure, other than an awning attached to a building projecting over a thoroughfare, sidewalk or parking area and not erected so as to permit its being raised to a flat position against the building, and does not permit use of marquee letters, and is commonly supported by poles or uprights set upon the underlying ground. Such structure shall not be permanent, as a roof extended over a sidewalk would be, and is usually of cloth, canvas or similar material construction.
Capital improvements program.A timetable or schedule of all future capital improvements to be carried out during a specific period, listed in order of priority, together with cost estimates and the anticipated means and sources of financing each project.
Car title loan business.An establishment that makes small consumer loans that leverage the equity value of a car or other vehicle as collateral.
Carport.A roofed structure providing space for the parking of motor vehicles.
Carwash.Any building or premise used for washing motor vehicles.
CBD/cannabidiol.CBD, short for cannabidiol, is a nonintoxicating cannabinoid found in hemp and is considered a consumable hemp product.
Cellar.That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.
Cemetery.Property used for the interment of the dead.
Census tract.Small areas into which large cities and adjacent areas have been divided for statistical purposes.
Census.An official periodic enumeration of a designated geographic area's population, housing, and related characteristics.
Certificate of appropriateness.A certificate issued by the approving authority on approval of the exterior architectural features of any new building construction or alterations to an existing building located within a historic zone.
Certificate of business occupancy.A document issued by a governmental authority allowing the use of a building and certifying that the use will be used in compliance with all the applicable requirements.
Certificate of occupancy (CO).A document issued by a governmental authority allowing the occupancy of a building and certifying that the structure has been constructed and will be used in compliance with all the applicable requirements.
Change of use.Any use that substantially differs from the previous use of a building or land.
Child-care center.An establishment providing for the care, supervision, and protection of children.
City.The City of Kilgore, Texas
Clinic, medical.An institution or station for the examination and treatment of ill and afflicted outpatients.
Club.A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
College.An educational institution authorized by the state to award associate, baccalaureate, or higher degrees.
Commercial use.Activity involving the sale of goods or services carried out for a profit.
Community center.A facility used for recreational, social, educational, and cultural activities.
Complete application.An application for development completed as specified by ordinance and the rules and regulations of the approving authority and the provisions of all required documents.
Condominium.A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, individual basis.
Consumable hemp product.A food, a drug, a device, or a cosmetic, as those terms are defined by Texas Health and Safety Code Section 431.002, that contains hemp or one or more hemp-derived cannabinoids, including cannabidiol.
Contour line.A line on a map that connects all points of the same ground elevation.
Contractor.The person completing and/or directing a construction project.
Convalescent center.A facility that provides short-term, primarily inpatient care, treatment, and/or rehabilitation services for persons recovering from illness or injury who do not require continued hospitalization.
Council of governments (COG).A regional planning and review authority whose membership includes representation from all communities in the designated region.
Courtyard.An open, unoccupied space bounded on more than two sides by the walls of the building. An inner courtyard is entirely surrounded by the exterior walls of a building. An outer courtyard has one (1) side open to a street, alley, yard or other permanently open space.
Cul-de-sac.A cul-de-sac is a street having only one vehicular access to another street and terminated by a vehicular turnaround.
Curbline.The edge of the pavement along either side of a public street.
Customary home occupation.An occupation customarily carried on in the home by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation of machinery other than that customary to normal household operation or additional equipment, without the employment of additional persons, without the use of a sign to advertise the occupation and which does not cause the generation of additional traffic in the street.
Day care center, adult.A facility providing care for the elderly and/or functionally impaired adults in a protective setting for part of a 24-hour day.
Day care, children.A place where children are left for care between the hours of 7:00 a.m. and 12:00 midnight.
Day.The portion of one calendar day from sunrise to sunset.
Demography.The study of population and its characteristics.
Demolition permit.Official authorization to remove part, or all, of a building or structure.
Density.The number of families, individuals, dwelling units, households, or housing structures per unit of land.
Depth of rear yard.The horizontal distance between the rear line of a building other than an accessory building and the rear lot line.
Depth, lot.The mean horizontal distance between the front and rear lot lines.
Design standards.A set of guidelines defining parameters to be followed in site and/or building design and development.
District.A section of the city for which the regulations governing the area, height or use of the building are uniform.
Driveway.A minor private way used by vehicles and pedestrians on a lot or used for common access to a small group of lots.
Dumping.The disposal of waste at an approved location, including but not limited to household trash, tires, appliances, furniture, pallets, yard waste, tires.
Dwelling unit.A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters.
Dwelling, one-family.A detached building having accommodations for and occupied by not more than one family, or by one family and not more than four boarders or lodgers.
Dwelling, two-family.A detached building having separate accommodations for and occupied by not more than two families, or by two families and not more than four boarders or lodgers, two boarders or lodgers to each unit.
E-cigarette, cigarette, cigar, and/or tobacco retail shop.A commercial business location, vending machine and/or a motorized vehicle where e-cigarettes, CBD, cigarettes, cigars, hemp, and/or any form of tobacco are primarily sold, kept for sale or consumption or otherwise stored.
E-cigarette, cigarette, cigar, and/or tobacco retailer.Includes an owner, operator, manager, and/or someone otherwise responsible for an E-cigarette, Cigarette, Cigar, anchor Tobacco Retail Shop, Tobacco Bar, or any other commercial business location, vending machine and/or a motorized vehicle where e-cigarettes, CBD, cigarettes, cigars, hemp and/or any form of tobacco are primarily sold, kept for sale, or consumption or otherwise stored.
E-cigarette.An electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device, or a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device. The term "e-cigarette" includes every variation and type of such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic Cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaping device, or any other product name or descriptor, and any aerosol, liquid, or vapor used in such a device regardless of whether the device is manufactured, distributed, or sold as such, and a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device. The term "e-cigarette" does not include a prescription medical device unrelated to the cessation of smoking.
Effective area.The area enclosed by the minimum imaginary rectangles of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports.
Electronic message center (EMC).A sign or portion of a sign, that displays an electronic image or video, which may or may not include text, including any sign or portion of a sign that uses changing lights or similar form of electronic display such as LED to form a sign message or messages with text and or images wherein the sequence of messages with text and/or images and the rate of change is electronically programmed and can be modified by the electronic processes. This definition includes without limitation television screens, plasma screens, digital screens, flat screens, LED displays, video boards, and holographic displays.
Enlargement.An increase in the size of an existing structure or use, including the physical size of the property, building, parking, and other improvements.
Escrow.A deed, bond, cash, or other security delivered to a third person or agency and delivered by the third person or agency and delivered by the third person to the grantee only upon fulfillment of a condition.
Existing use.The use of a lot or structure at the time of the enactment of a zoning ordinance.
Extraterritorial jurisdiction.The unincorporated area contiguous to the city limits extending to limits set forth in Article 970-A, Vernon's Annotated Texas Civil Statutes to which the city's ordinances establishing rules and regulations governing plats and subdivision of land are applicable.
Facade.The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
Face.The total display area and border of a sign.
Family.A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit, in which not more than four individuals are unrelated by blood. For purposes of this ordinance "family" does not include any society, club, fraternity, sorority, association, lodge, federations, or like organizations; or any group of individuals who are in a group living arrangement as a result of criminal offenses.
Farm.An area of two acres or more, which is used for the growing of the usual farm products such as vegetables, fruit trees and grain and their storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine including dairy farms with the necessary accessory uses and for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.
Final plat.A plat prepared by a registered professional engineer or a registered public land surveyor and submitted to the plan commission for final approval in the manner provided for in the ordinance, which is to be filed for record with the county clerk of Gregg or Rusk County, Texas.
Finished grade.For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the center of all walls adjoining the street; for buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls 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 city engineer shall establish such sidewalk level or its equivalent for the purpose of these regulations.
Front yard.An open unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang.
Frontage.The total length of property fronting along a public street.
Gross height (of a building or portion of a building).Measurement from the average established grade at the street lot line or from the average natural ground level, if higher or, if no street grade has been established, to the highest point of the roof's surface if a flat surface; to the deck line of mansard roofs; and the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded; chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio and television towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height.
Gross vehicle weight rating (GVWR).The maximum operating weight of a vehicle as specified by the manufacturer including the vehicle's chassis, body, engine, engine fluids, fuel, accessories, driver, passengers and cargo but excluding that of any trailers.
Ground level.The average elevation of the premises, or the elevation of the centerline of the adjacent public street at the point closest to the sign, whichever is lower.
Head shop.Any retail establishment open to the public that presents, displays, or offers for sale paraphernalia, items, equipment, or products commonly used, intended to be used, or commonly known to be used, for the ingestion, inhalation, preparation, or injection of illegal substances, to include any device which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of a Controlled Substance, notwithstanding that it might also be possible to use the device for some other purpose.
Heavy load vehicle.A truck tractor, road tractor, semi-trailer, bus or truck with a Gross Vehicle Weight Rating (GVWR) in excess of 14,000 lbs. or a trailer over 20 feet long.
Hemp.The plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Historic area.A district, zone, or area designed by a local, state, or federal authority within which the buildings, structures, appurtenances, and places are of basic and vital importance because of their association with history; or because of their unique architectural style and scale, including color, proportion, form, and architectural detail; or because of their being a part of or related to a square, park, or area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.
Hobby shop.An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale or advertised for sale, nor may any sign be used in connection therewith.
Home occupation.Any occupation that is customarily performed at home that does not involve a structural change in the building, require the employment of help, the installation of equipment or the display of a sign, and shall not include beauty culture schools, beauty parlors, or doctor's offices for treatment of patients.
Homeless shelter.A temporary address which provides sleep-in facilities and/or food for displaced persons.
Homeowners' association.A community association, other than a condominium association, that is organized in a development which individual owners share common interest and responsibilities for costs and upkeep of common open space or facilities.
Hookah lounge.A type of Tobacco Shop establishment where patrons share shisha from a communal hookah or nargile which is placed at each table.
Hospital.An institution or place where sick or injured inpatients are given medical or surgical care either at public or private expense.
Hotel, extended stay.A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged, with or without meals, in which the rooms are usually occupied singly for hire, in which there are provisions for cooking in individual rooms, suites, or apartments.
Hotel, motel, resort.A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged, with or without meals, in which the rooms are usually occupied singly for hire, in which there are no provisions for cooking in individual rooms, suites, or apartments.
Housing project.An area of three or more acres arranged according to a site plan to be submitted to and to be approved by the city Planning and Zoning Board and the City Council on which is indicated the amount of land to be devoted to housing facilities, their arrangement thereon, together with the arrangement of access streets and alleys, and the entire area is to be zoned as an apartment zone upon the recommendation of the city planning and zoning board and the action of the City Council, and in which it shall not be necessary to subdivide the area into lots and blocks. The site plan shall indicate that all access streets, alleys, sidewalks, storm sewers and storm sewer inlets shall be provided as required by the city and built in accordance with city specifications.
Illegal dumping.The disposal of waste generated at one location and disposed of at another location without legal permission.
Industrial park.An area zoned and planned for the purpose of industrial development. Usually located outside the main residential area of a city and normally provided with adequate transportation access, including roads and railroads.
Infill.The development of new housing or other uses on scattered vacant sites in a built-up area.
Interactive retail kiosk.A stand-alone kiosk which features specialized hardware and/or software designed within a public exhibit that provides access to retail services including but not limited to movies, games, ice/water, etc. Such Kiosks may only be installed directly adjacent to or connected to another building with a retail or commercial use.
Junkyard.Any lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.
Kennel.An establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
Kindergarten.A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
Land use plan.A basic element of the community master plan containing proposals for the physical, economic, and social development of the community.
Lease (in oil and gas context).Any tract of land subject to an oil, gas, and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the fee royalty ownership, is developed and operated as a separate tract (Oil and gas wells).
License (in mobile home park context).A written license issued by the Planning Department allowing a person to operate and maintain a manufactured home park under the provisions of this chapter and any regulations issued pursuant to this chapter.
Lot lines.A line of record bounding a lot that divides one lot from another lot or from a public or private street from any other public space.
Lot of record.A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which was recorded in the office of the county clerk.
Lot width.The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
Lot.Land occupied or to be occupied by a building and its accessory buildings and including such open spaces as are required and having its principal frontage upon a public street or officially approved place.
Manufactured home park street.A private way, maintained by the park owner or an established homeowners' association, which affords principal means of access to individual manufactured home lots.
Manufactured home park.A parcel of land, consisting of ten or more acres, which has been developed for the placement of two or more manufactured homes.
Manufactured home.A factory-built, single-family structure that meets the Federal Manufactured Home Construction Safety Standards Act, commonly known as the HUD-Code (U.S. Department of Housing and Urban Development Code).
Marquee.A permanent canopy of metal, porcelain, enamel, glass or plastic, wood or similar materials projecting over a thoroughfare, sidewalk or parking area at an entrance to a building. A marquee is distinguished from a true canopy in that the sign letters, if any, used thereon are removable by sliding or lifting the same from enclosing rails affixed to the marquee, or it is not supported by poles or uprights set upon the underlying ground or sidewalk (signs).
Master plan.A comprehensive, long-range plan intended to guide the growth and development of a community or region for a set period of time and which typically includes inventory and analytic sections leading to recommendations for the community's land use, future economic development, housing, recreation and open space, transportation, community facilities, and community design, all related to the community's goals and objectives for these elements.
Medical spa.A hybrid between an aesthetic medical center and a day spa with four core elements: (1) the provision of non-invasive (i.e. non-surgical) aesthetic medical services; (2) under the general supervision of a licensed physician; (3) performed by trained, experienced and qualified practitioners; (4) with onsite supervision by a licensed healthcare professional.
Mixed use development.The development of a neighborhood, tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, and recreation, in a compact urban form.
Mobile home.A residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, and built prior to enactment of the Federal Manufactured Home Construction and Safety Standards. Mobile Homes are not allowed to be located within the corporate city limits.
Moratorium.The legally authorized delay of new construction or development.
Nameplate.A nonelectrical sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located.
Neon sign.A sign on which neon tubes are attached to or inserted in a framework to illuminate the sign. A neon sign shall also include neon tubes mounted on a wall or background as a wall sign.
Night.The portion of one calendar day from sunset to sunrise.
Nits.Candela per meter square used as a measurement of brightness.
Nonconforming uses.A use or activity that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
Official map.An ordinance in map form adopted by the governing body that conclusively shows the location and width of existing and proposed streets, public facilities, public areas, and drainage rights-of-way.
One-family dwelling.A detached building having accommodations for and occupied by one family, or by one family and not more than four boarders or lodgers.
Open space.Any parcel or area of land or water, essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests.
Outdoor storage.The location of any goods, merchandise, commodities, junk, debris or any other item outside of a completely closed area for a continuous period of longer than 24 hours on the owners property.
Owner.A person recorded as such on the records of the city tax office, and including a duly authorized agent or attorney, a purchaser, devisee, judiciary, and any person having a vested or contingent interest in the property in question.
Parking space.A space for the parking of a motor vehicle within a public or private parking area.
Pawn shop/store.A store which offers loans in exchange for personal property as equivalent collateral. If the loan is repaid in the contractually agreed time frame, the collateral may be repurchased at its initial price plus interest. If the loan cannot be repaid on time, the collateral may be liquidated by the pawn shop through a pawnbroker or secondhand dealer through sales to customers.
Payday advance/loan business.An establishment that makes small consumer loans, short-term, secured or unsecured loans that borrowers promise to repay out of their next paycheck or regular income payment. Payday loans are usually priced at a fixed-dollar fee, which represents the finance charge to the borrower.
Permitted use.Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Permittee (in oil and gas context).The person or company to whom is issued a permit for the drilling of a well under this chapter, and includes his administrators, executors, heirs, successors, and assigns.
Person (in oil and gas context).Shall include both the singular and the plural; and shall mean and include any person, individual, agent, employee, firm, representative, partnership, association, corporation, cooperative, or trust.
Planned development.An area of a minimum contiguous or noncontiguous size, planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses, and appurtenant common areas and accessory uses, customary and incidental to the predominant uses.
Portable sign.Any sign designed or constructed to be easily moved from one location to another, including but not limited to signs mounted upon or designed to be mounted upon a trailer, wheeled carrier, A-frame, or other nonmotorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign. Trailer signs are portable signs.
Premises.An area of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit.
Private drive.Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, which shall enter upon a public street.
Private garage.An accessory building or portion thereof in which not more than five privately owned motor-driven vehicles are stored by occupants of the premises.
Private stable.A stable with a capacity for not more than four horses or mules.
Public garage.A building or portion of a building used for repair, care or servicing of motor-driven vehicles, or where motor-driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers and vans.
Public meeting.A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
Public street.The entire width between property lines of any road, street, way, alley, bridge or other similar thoroughfare, when any part thereof is open to the public for vehicular traffic, which is the responsibility of the city or other similar public agency to maintain, and over which the city has legislative jurisdiction via police powers.
Rear yard.The required rear yard is an open space unoccupied and unobstructed depth of twenty percent of the depth of the lot. Accessory buildings may occupy not to exceed fifty (50) percent of the area of the required rear yard, except that in an apartment district where access to accessory buildings is from a public alley, more than fifty percent of the required rear yard may be covered by such buildings, provided that the minimum distance between the rear of the main building and the accessory building equals at least twenty percent of the depth of the lot.
Residential area.Any area zoned R-1, R-2, R-3 Single-Family; Duplex; Apartment; or Single-Family/Manufactured Homes.
Residential use.Property devoted to use as a single-family or multifamily residence. Residential purposes shall include, but not be limited to, property used for houses, mobile homes, duplexes, condominiums, townhouses, patio homes and apartments. Property used for hotels, motels and boarding houses shall not be considered as used for residential purposes, under this chapter only.
Right-of-way (ROW).A strip of land required by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.
Roof.The uppermost part of the building or structure; that part of the building on which rain would normally fall.
Servants' quarters.An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.
Setback.The distance between the building and any lot line.
Sexually oriented business.Any commercial enterprise whose major business is the offering of a product or service which is intended to provide sexual stimulation or sexual gratification to the customer, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or where the employer, employees, or patrons in the presence of another adult, may be nude, partially nude, or with specified anatomical areas not covered. This term shall include, but not be limited to, adult video arcades, adult bookstores, adult cabarets, adult video stores, adult movie theaters, adult theaters, sex parlors, massage parlors, nude studios, modeling studios, love parlors, adult tanning salons, topless or nude bars, topless carwashes or other establishments where services are performed nude or topless, and other similar establishments.
Shopping center.An area consisting of three acres or more arranged according to a site plan to be submitted to and to be approved by the city Planning Board and the City Council, on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of the various buildings, parking area, streets, and type of zoning desired. It shall be required that the installation of all utilities, drainage structures, the paving of streets, parking area, alley and sidewalks be in accordance with the city specifications for each type of improvement.
Short-term rental.A residential dwelling unit or an accessory building rented on a temporary basis for a period of less than 30 consecutive days. This is also referred to as a vacation rental.
Side yard.An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line.
Sign area.The area of surface of one side of a sign including any ornamental features.
Sign structure.Any structure which supports, has supported, or is capable of supporting a sign, including decorative cover.
Sign, billboard.A commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located (signs).
Sign, inflatable.Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.
Sign, political.A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
Sign.Any structure, part thereof, or device or inscription, which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure or on an awning, canopy, marquee, or similar appendage, or permanently affixed to the glass of a window or door, so as to be seen from the outside of the building or structure, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, monogram, heraldry, trademark, light or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation of any person, firm, group, organization, corporation, association, place, commodity, product, service, business, profession, enterprise, industry, activity, or any combination thereof. Where the word "sign" is used in this chapter without further modification, the same shall be understood to embrace all regulated signs.
Specified anatomical areas.Any one of the following: less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, female breast or breasts below a point immediately above the top of the areola, or any combination of the foregoing; or human male genitals in a discernibly erect state, even if completely and opaquely covered.
Specified sexual activities.The depiction or display of, in person or by picture of, any one of the following: human genitals in a discernible state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or any combination of the foregoing.
Stack (queuing) space.A paved drive leading off a public street, to a point(s) where service is provided while the individual is seated in a motor vehicle, e.g., drive-thru bank teller window or carry-out food service window; or for the purpose of loading and unloading passengers from vehicles.
Storage garage.A building or portion thereof used for the storage of more than five passenger motor vehicles and trucks of not more than one and one-half tons capacity.
Story, half.A story having an average height of not more than eight feet, covering a floor area of not more than 75 percent of the area of the floor of the first story below.
Street line.A dividing line between a lot, tract or parcel of land and a contiguous street.
Street.Any thoroughfare or public driveway, other than an alley, and more than 20 feet in width, which has been dedicated or deemed to the public for public use.
Structural alteration.Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.
Tattoo/body piercing studio.The workshop of a tattoo artist and/or a facility where the piercing of body parts is performed, other than ears for the purposes of allowing the insertion of jewelry or for the purposes of applying permanent makeup on the face.
Temporary sign.A sign displayed for limited and specific time period for those limited purposes set forth in this Ordinance.
Temporary window sign.A sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, displayed in the window, and advertising a sale, special temporary services, etc., the intent of which is for temporary display.
Tobacco bar.A bar which engages in on-site sales or rentals of tobacco products and smoking accessories, including but not limited to e-cigarettes, CBD, cigarettes, cigars, hemp and/or any form of tobacco, for consumption or use on the premises and into which entry is restricted to individuals 18 years of age and above.
Tourist court.One or more buildings designed or used as temporary living quarters for automobile transients in which individual cooking facilities may or may not be provided. If facilities are provided for individual cooking so that the units may be occupied as dwelling units, the same area, density and yard regulations as required in an apartment district shall be observed. In all cases one off-street parking space shall be provided for each room or suite of rooms in the tourist court.
Trailer camp or park.An area designed, arranged or used for the parking or storing of one or more auto trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families. House trailers, auto trailers or manufactured homes shall not be considered as dwellings, structures or buildings.
Two-family dwelling.A detached building having separate accommodations for occupancy by not more than two families, or by two families and not more than four boarders and lodgers.
Used car lot.A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked auto, or the dismantling of auto, or the storage of auto parts.
Vape shop/lounge.A type of Tobacco Shop establishment where patrons purchase supplies or devices and/or inhale and exhale vapor from an electronic cigarette or similar device.
Vape.Vape or Vapor products are electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine or other harmful products to the individual inhaling from the device, or any substance used to fill or refill the device.
Well (in oil and gas context).Any hole or holes, bore or bores, to any sand, formation, strata or depth for the purpose of producing and recovering any oil, gas, liquid hydrocarbon, or any of them.
Width of side yard.The mean horizontal distance between a side wall of a building and the side line of the lot.
Yard.An open unoccupied space, other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky.
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Ordinance 1914 adopted 5/27/2025)