This section shall be known, and may be cited as the Zoning Ordinance of the City of Luling, Texas.

It is hereby directed to be the purpose and intent of the city council in enacting this section that the zoning regulations and districts as herein established have been made in accordance with a Comprehensive Master Plan for the purpose of promoting the health, safety, morals, and general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a Comprehensive Master Plan.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

Boundaries of zoning districts delineated upon. The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city adopted as part of this section as fully as if the same were set forth herein [in] detail.

(B)

Original map to be filed with city secretary. One (1) original of the zoning district map shall be filed in the office of the city secretary as a permanent record. This copy shall be the official zoning district map and shall bear the signature of the mayor and attestation of the city secretary. Upon the adoption of this ordinance, the city secretary shall affix a certificate identifying the map in his/her office as the zoning map of the City of Luling. This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

(1)

The secretary shall also affix a certificate identifying copies of the map directed to be kept by the Planning and Zoning Commission, Planning Coordinator, and Building Inspector.

(C)

Additional copy to be placed with Planning and Zoning Commission, Planning Coordinator, and Building Inspector. Additional copies of the original zoning district map shall be placed in the office of the Planning Coordinator and building inspector. The copies shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(B)

Platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(C)

City limits. Boundaries indicated as approximately following city limits shall be construed as following city limits.

(D)

Railroad lines. Boundaries indicated as approximately following railroad lines shall be construed to be the established centerline of the right-of-way, perimeter of the right-of-way or, if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(Ord. No. 2013-O-04, 3-14-2013)

(A) All land, buildings, structures, or appurtenances thereon located within the city or hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located except as hereinafter provided. Land used in meeting the requirements of this section with respect to a particular use or building shall not be used to meet the requirements for any other use or building.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

By the passage of this zoning section, no presently illegal use or building shall be deemed to have been legalized unless such use falls within a use district where the actual use and standards under the terms of this section would be conforming. Any use which does not conform to provisions of this section shall be a nonconforming use or structure, as the case may be. It is further the intent and declared purpose of this section that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the previous zoning ordinance was repealed and this zoning section adopted shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded within all respects as if such prior ordinance had not been repealed.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

No lot, parcel, premises, or tract of land shall be created and no building permit shall be issued for any request that does not meet the appropriate minimum lot area, width, depth, yard, height, parking, and other minimum regulations as set forth in this ordinance.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

Temporarily classified as unzoned. All territory hereafter annexed to the City of Luling, shall be temporarily classified in an unzoned district until permanent zoning classifications are given the area by the city council of the City of Luling.

(B)

Procedure for establishing permanent zoning. The procedure for establishing the permanent zoning on any annexed territory shall be the same as is provided by law for the amendment of this comprehensive zoning section. As soon as reasonable, after an annexation ordinance is approved by the City Council, the Planning Coordinator shall prepare an application for zoning the newly annexed land from "unzoned" to a more permanent zoning district, application shall be placed on the Planning and Zoning Commission's agenda. All procedures as set forth in this section shall apply.

(C)

Exemption of zoning by approved development agreement. The V.T.C.A., Texas Local Government Code §§ 43.035 and 212.172 addresses a Development Agreement that may be applied as per consideration.

(Ord. No. 2013-O-04, 3-14-2013)

(A)

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words used in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

(1)

Access shall mean a means of egress and ingress from a tract of land to a dedicated right-of-way or a city-approved street.

(2)

Accessory building shall mean a subordinate building or a portion of the main building located on the same lot as the main building, the use of which is clearly incidental to customarily found in connection with that of the dominate use of the building or premises.

(3)

Accessory use shall mean a use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.

(4)

Agriculture shall mean the use of land including but not limited to greenhouses, orchards, grass farm, farming, dairying, ranching of animal or poultry husbandry, and the necessary accessory operations for packing, crating, or storing the produce; provided that the operations of any such accessory operations must be secondary to that of the normal agricultural activities.

(5)

Advertising sign or structure shall mean any cloth, card, paper, metal, glass, wooden, plastic, stone sign or other sign, device or structure of any character whatsoever, including a statuary, place for outdoor advertising purposed on the ground or on any tree, wall, bush, rock, post, fence, erecting, constructing, posting, painting, tacking, nailing, or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this section.

(6)

Alley shall mean a minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

(7)

Alteration shall mean any change, addition or modification in structural construction, occupancy or use.

(8)

Apartment housing. See dwelling multiple-family.

(9)

Assisted living facility shall mean a congregate residence facility for ten (10) or more elderly (over fifty-five (55) years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, and social or recreational services may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g. visiting nurses, aides, etc.).

(10)

Automobile shall mean a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, busses, motor scooters, and motor cycles.

(11)

Basement shall mean a story partly or wholly underground, but having at least one-half (½) of its height above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises. This term includes cellar.

(12)

Bed and breakfast shall mean single-family dwelling in which the principal use is permanent residential quarters; and in which, as an accessory use, no more than five (5) bedrooms are made available for transient occupancy, generally for not more than seven (7) days, by no more than ten (10) guests for compensation.

(13)

Board shall mean the "zoning board of adjustment" of the City of Luling.

(14)

Boarding house shall mean a dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more, but not exceeding fifteen (15) persons on a weekly or monthly basis. A building which accommodation for more than fifteen (15) persons shall be defined as a hotel under the terms of this section. This term includes rooming house.

(15)

Building shall mean any structure used or intended for supporting or sheltering any permitted use or occupancy.

(16)

Buildable area shall mean the portion of a lot remaining after the required setbacks (front, sides, and rear) have been provided.

(17)

Building height shall mean the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of the mansard roof or to the average height of the highest gable of a pitch or hip roof.

(18)

Building, main shall mean a building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

(19)

Building line shall mean a line within a lot defined by the minimum permitted horizontal distance from property lines.

(20)

Building official shall mean the inspector or administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code.

(21)

Business shall be as defined in the 2009 International Zoning Code, an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.

(22)

Carport shall mean a structure open on a minimum of two (2) sides designed or used to shelter not more than three (3) vehicles and not to exceed twenty-four (24) feet on its longest dimension. This includes covered parking area.

(23)

Certificate of compliance is a document recognizing the development activity of a tract of land has met the requirements of Chapter 54 as identified by the floodplain administrator.

(24)

Certificate of occupancy is the official certificate issued by the Building Official which indicates conformance with the zoning regulations, building codes, and authorizes legal use of the premises for which it is issued. May be referred to as Occupancy Permit.

(25)

Child care center shall mean any place, home or institution which provides temporary custodial care and is regulated by the State of Texas, which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, or care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or the churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other church activities.

(26)

Church, rectory or temple shall mean a building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therein, and the place of residence for ministers, priests, nuns, or rabbis on the premises (tax exempt as defined by State law). For the purposes of this ordinance, bible study and other similar activities which occur in a person's primary residence shall not apply to this definition.

(27)

Commission shall mean the "planning and zoning commission" of the City of Luling, Texas.

(28)

Comprehensive master plan shall mean a statement of public policy containing the goals and objectives of the community which may include: capital improvements programs; land use plan; thoroughfare plan; community facilities plan; subdivision and zoning regulations and other development codes, ordinances, policies, and plans promulgated by the council for the quality and orderly growth of the community.

(29)

Conditional use permit (CUP) shall mean a permit allowed by the City Council upon established conditions written, reviewed, and approved by Commission for a specific occupancy of a designated building tract.

(30)

Condominium shall mean a single-dwelling unit in a multiunit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.

(31)

Council (city council) shall mean the governing and legislative body of the City of Luling, Texas.

(32)

Coverage shall mean the lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

(33)

Density shall mean the total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acres.

(34)

Detached shall mean having no physical connection above the top of the floor line of the first floor with any other building or structure.

(35)

Development plan shall mean a plan prepared to show the overall development concept of a tract or parcel of land. The plan is a scaled drawing showing proposed streets, building sites or lots, areas for parks, utilities, easements, school sites, points of ingress and egress, contour intervals or not more than five (5) feet, and areas of multiple land use types, including drainage features, screening, or landscape plans.

(36)

Digital billboard shall mean an on- or off-premise advertising sign displaying digital static images controlled by electronic communications.

(37)

District shall mean any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform for class or kind of buildings therein.

(38)

Duplex shall mean a residential development type which provides for two (2) dwelling units within a single principal structure. Separate ownership of units with separate and/or common ownership of portions of accessory building or yard areas does not constitute a condominium.

(39)

Dwelling shall mean a single unit of any building or portion thereof, which is designed or used to provide complete independent living facilities for one (1) or more persons; including permanent provisions for living, sleeping, eating, cooking, and sanitation, but not including travel trailer homes or recreational vehicles.

(40)

Dwelling, single-family, (attached) shall mean a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family and is located on a separate lot delineated by front, side, and rear lot lines.

(41)

Dwelling, single-family, (detached) shall mean a dwelling designed and constructed for one (1) 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 (1) family.

(42)

Dwelling, one-family, (restricted) shall mean a dwelling located on nonresidential property designed to be used by the owner or by an employee to be near the nonresidential use. The dwelling shall be attached to the nonresidential building. This type dwelling shall be allowed by an approved Conditional Use Permit only.

(43)

Dwelling, two-family shall mean a dwelling designed or arranged to be occupied by two (2) families living independently, with the structure having only two (2) dwelling units.

(44)

Dwelling, multiple-family shall mean a building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces, exclusive of hotels or motels.

(45)

Easement shall mean a grant by the property owner to the public, a corporation, or persons, an area of restrictive use of property upon which any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or any other improvements or growth which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems. Any public utility shall at all times have the right to ingress and egress from and upon such easements for the purpose of constructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity, at any time, of procuring the permission of anyone.

(46)

Family shall mean any number of individuals living together as a single housekeeping unit, related by blood, marriage, or adoption, or a group of not exceeding five (5) persons not all related by blood or marriage, occupying a boarding or lodging house, hotel, club, or similar dwelling for group use.

(47)

Floor area, gross shall mean the total floor space within the outside dimensions of a building including each floor level; this includes courts and decks or porches when covered by a roof.

(48)

Floor area, net shall mean the area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.

(49)

Garage apartment shall mean a dwelling unit for one (1) family erected above a private garage.

(50)

Garage, private shall mean an accessory building or part of a main building of not more than one thousand (1,000) square feet in area, used for storage purposes only for automobiles, private or pleasure-type motor vehicles used by the occupants, tenants and their guests of the building or buildings.

(51)

Garage, repair shall mean a building in which are provided facilities for the care, services, repair, or equipping of automobiles.

(52)

Garden home shall mean a building where individual attached townhouses or condominiums are to be sold separately, which including the land on which the individual unit(s) is/are located in common ownership by the unit owner.

(53)

Greenspace shall mean a parcel or tract of land that has been designated as an area that shall not be used for residential or commercial structures. This term includes greenbelt.

(54)

Group home/boardinghouse/rooming house shall mean a dwelling, other than a hotel or motel, where not more than four (4) separate sleeping rooms for unrelated persons are provided for compensation.

(55)

Home occupation shall mean any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided, that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one (1) non-illuminated nameplate not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used nor activity conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted except such as is customary for purely domestic or household purposes. (A beauty or barber shop, tea room or restaurant, rest home, doctor's or dentist's office, child care center, or cabinet, metal or auto repair shop shall not be deemed a home occupation.)

(56)

Hotel shall mean any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. (2003 IZC). This term includes motel(s).

(57)

HUD-Code manufactured home shall mean a structure, constructed on or after June 15, 1976, meeting the National Manufactured Home Construction and Safety Standards Act as administered by the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which in the traveling mode is eight (8) feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include mobile homes or recreational vehicle as defined in this section.

(58)

Industrialized building shall mean a commercial structure that is designed to be used for the occupancy of a commercial use; which bears an approved decal or insignia, clearly visible, under rules promulgated by the State of Texas signifying the commercial structure as "industrialized;" that is intended to be installed on a permanent foundation system approved by the locally adopted building codes; that meet all other State and local requirements (Ordinance Number 05-0-06) for industrialized building.

(59)

Industrialized housing shall mean a residential structure that is designed for the occupancy of single-family use; which bears an approved decal or insignia, clearly visible, under rules promulgated by the State of Texas signifying the dwelling as "industrialized;" that is intended to be installed on a permanent foundation system approved by the locally adopted building codes; that meet all other State and local requirements (City of Luling Ordinance Number 05-0-05) for industrialized housing.

(60)

Kennel shall mean any lot or premises on which are kept four (4) or more dogs, cats or other approved pets, more than six (6) months of age.

(61)

Key lot shall mean a lot having frontage on two (2) intersecting streets, such lot being adjacent to that intersection, and having adjacent lots on both streets fronting on those streets.

(62)

Land use plan shall mean a document adopted by the council which attempts to identify and guide growth within the city, and is a part of the comprehensive master plan.

(63)

Lot shall mean any plot of land occupied or intended to be occupied by one (1) main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this section, and other laws or ordinances, and having its principal frontage on a street.

(64)

Lot, area shall mean total area measured on a horizontal plane, included within lot lines.

(65)

Lot, corner shall mean a lot which at least at two (2) adjacent sides abutting for their full lengths on a street, provided that the angle at the intersection of such two (2) sides is less than one hundred twenty-five (125) degrees.

(66)

Lot, depth shall mean the average horizontal distance (length) of the side lot lines between the front and rear lot lines.

(67)

Lot, double frontage shall mean a lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

(68)

Lot, frontage shall mean that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

(69)

Lot, interior shall mean a lot other than a corner lot.

(70)

Lot, lines shall mean the fixed boundaries of a lot.

(71)

Lot, width shall mean the average horizontal distance (length) of the front lot line and the rear lot line.

(72)

Main building shall mean the building or buildings on a lot which by its design defines the use and character of the tract as they are occupied by the primary use. This term includes principal structure.

(73)

Manufactured home. See HUD-Code manufactured home.

(74)

Manufactured home park shall mean a division of land not less than two (2) acres in size under single ownership, which is designed for two (2) or more spaces and maintained for short-term or long-term lease or rent to the public for the placement of manufactured homes, mobile homes, recreational vehicles, and travel trailers. This may include private streets, buildings, and other facilities and services for common use by the residents, in conformance with Chapter 66 (TBC) of this Code.

(75)

Manufactured home subdivision shall mean a division of land not less than five (5) acres in size for the purpose of sale of two (2) or more lots intended to be developed with residential units including manufactured homes, and having all necessary public utilities, streets, and other facilities required by Chapter 98 of this Code.

(76)

Medical facilities shall mean any of the following:

(a)

Convalescent, rest or nursing home shall mean a health facility where persons are housed and furnished meals and continuing nursing care for compensation.

(b)

Dental clinic or medical clinic shall mean a facility for the examination and treatment of ill and afflicted human out-patients provided they are not kept overnight except under emergency conditions.

(c)

Dental office or doctor's office shall mean the same as dental or medical clinic.

(d)

Hospital shall mean an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

(e)

Public health center shall mean a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therein.

(f)

Sanatorium shall mean an institution providing health facilities for in-patient medical treatment and recuperation making use of natural therapeutic agents.

(77)

Mobile home shall mean a structure that was constructed before June 15, 1976, transportable in one (1) or more sections, which in a traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including plumbing, heating, air conditioning, and electrical systems. This term does not include recreational vehicles.

(78)

Mobile home park. See manufactured home park.

(79)

Mobile home space shall mean a plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

(80)

Modular home. See industrialized housing.

(81)

Motel. See hotel.

(82)

Multifamily shall mean a residential development type which provides for three (3) or more dwelling units within a single principal structure. This term includes apartment. Separate ownership of one (1) or more units shall constitute a condominium.

(83)

Nonconforming building shall mean a building, structure, or portion thereof which does not conform to the height, area, or yard regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.

(84)

Nonconforming lot shall mean a lot which does conform to the district regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.

(85)

Nonconforming use shall mean a use of a building or land which does not conform to the district regulations of this chapter and which lawfully existed at the time the regulations with which it does not conform became effective.

(86)

Parking space shall mean a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress of an automobile.

(87)

Planned development district PD shall mean planned associations of uses developed as integral land units such as industrial parks or industrial, offices, commercial or service centers, shopping center, residential development of multiple or mixed housing including attached single-family dwelling or any appropriate combination of uses which may be planned, developed, or integral land use units either by a single owner or a combination of owners.

(88)

Planning Coordinator shall mean the administrative official charged with responsibility for reviewing plans and specification of changes, expansions, and new development, prior to issuing of permits.

(89)

Plot Plan shall mean a plot of a lot or tract, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.

(90)

Principal Use shall mean the primary purpose for which land and/or building is used as permitted by the applicable zoning district.

(91)

Recreational vehicle shall mean a vehicle-type portable structure without a permanent foundation that can be towed, hauled, or driven which is designed as a temporary living accommodation for recreational, camping, and travel use, and which includes but not limited to travel-trailers, truck-campers, camping trailers, and self-propelled motor homes.

(92)

Restaurant shall mean a building or premises, the primary use of which is the preparation and serving of food for on-premises consumption. The incidental sale of alcoholic beverages at such location for on-premises consumption shall be considered an accessory use of said building and premises.

(93)

Right-of-way shall mean a strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk way, sidewalk, drainageway, or other use as designated. This term includes R.O.W.

(94)

Rooming house. See boarding house.

(95)

Setback shall mean the measuring of a yard for the purpose of determining the depth of a front yard, or the width/depth of the side yard, the depth of a rear yard, the shortest horizontal distance between the lot line and the conforming building.

(96)

Sexually-oriented business shall mean an adult book store, adult video arcade, adult movie theater, massage parlor (other than a state registered massage or therapy service), sexual encounter center, nude modeling studio, cabaret, gentleman's club, or other establishment that either: has any form of live or recorded entertainment that provides sexual stimulation or sexual gratification to patrons; and/or which devotes more than twenty (20) percent of its merchandise display area, or signage or other advertising, to the sale, rental, or exhibition of devices, materials or other items used for sexual stimulation or gratification or which depict sexual nudity or sexual activities, or which derives more than twenty (20) percent of its gross net revenues from such sales, rental, or exhibition.

(97)

Sight triangle shall mean the area of vehicle visibility at all street intersections, which shall be clear of all obstructions that may present a hazard to traffic. The visible triangle for a street shall be described as a 45-degree (45º) triangle where the right angle sides at the very minimum of twenty-five (25) feet shall be measured from the intersection of lines extended from the projected back-of-curbs or edge of pavement (as applicable) of each street intersection. Additional triangle area may be required as deemed by the city engineer, code enforcement officer, Planning Coordinator, or chief of police. No fence, structure, or vegetation higher than three (3) feet above the established street grade shall be maintained within the sight triangle. The established grade shall mean the grade at the point of intersection of the center line of the intersecting streets.

(98)

Single-family home shall mean a residential development which provides for a single residential dwelling unit within a single principal structure.

(99)

Stable, private shall mean a stable with a capacity for not more than two (2) horses or mules.

(100)

Stable, public shall mean a stable, other than a private stable, with a capacity for more than two (2) horses or mules.

(101)

Standard masonry construction shall mean building having at least seventy-five (75) percent of the exterior walls of the building constructed of brick, stone or other masonry construction.

(102)

Store selling alcoholic beverage shall mean a building or premises, the primary use which is the selling of alcoholic beverages for on-premises consumption. The incidental preparation and serving of food at location for on-premises consumption shall be considered an accessory use of said building or premises.

(103)

Story shall mean that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

(104)

Story, half shall mean a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished for use. A half story containing independent apartment or living quarters shall be counted as a full story.

(105)

Street shall mean any public or private thoroughfare which affords the principal means of access to abutting property.

(106)

Street, intersecting shall mean any street which joins another at an angle, whether or not it crosses the other.

(107)

Structure shall mean anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

(108)

Structural alterations shall mean any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

(109)

Trailer, hauling shall mean a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

(110)

Travel trailer or camper or travel camper. See recreational vehicle.

(111)

Thoroughfare plan shall mean a document adopted by the council which attempts to identify and guide the locations of arterial and collector streets within the city and is a part of the comprehensive master plan.

(112)

Townhouse shall mean a residential development which provides for five (5) or more dwelling units generally separated by common walls within a single structure. Usually each dwelling unit is placed on an individually owned lot and each story of the structure on each lot is under the same ownership. Some areas and yards may be commonly owned. A townhouse where the lot under and immediately adjacent to the structure is individually owned does not constitute a condominium.

(113)

Yard shall mean an open space at grade between a main building and the adjoining lot lines or a right-of-way and, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this section that the building or structure may be located in a portion of a yard required for accessory use to the main building.

(114)

Yard, front shall mean a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

(115)

Yard, rear shall mean a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from front yard.

(116)

Yard, side shall mean a yard between the building and the side of the lot and extending from the front lot to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the main building.

(Ord. No. 2013-O-04, 3-14-2013; Ord. No. 2014-0-12, § I, 8-14-2014)