The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   Accessory dwelling unit means a subordinate structure located on the same lot or parcel as the main structure which is incidental to the main use of the structure and is used as a residence.

   Accessory structure means a subordinate structure or a portion of the main structure located on the same lot as the main structure, the use of which is incidental to that of the dominant use of the structure or premises. Accessory structures may include parking garages, adjacent farm structures, home workshops and tool houses, storage sheds, home greenhouses. The term "carports," as defined by this article, are not considered to be accessory structures.

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

   Adult entertainment means those land uses involved in providing entertainment to persons as defined by the following:

   Adult bookstore means an establishment that has a substantial portion of its stock-in-trade and offers for sale any one or more of the following:

         a.   Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities; or

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

   Adult bar means a nightclub, bar, restaurant, or similar establishment that regularly features live performances such as dancing that is characterized by the exposure of any portion of the human form other than the pubic region. Display of the pubic region, buttocks, or human genitals is not permitted.

   Adult theater means an establishment where films, motion pictures, videocassettes, slides, or other photographic reproductions are presented in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities, or specified anatomical areas.

   Airport means a place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

   Alley means a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a public street.

   Amusement arcade (video arcade) means any building, room, place or establishment of any nature or kind and by whatever name called, where more than two amusement devices are operated for a profit, whether the same is operated in conjunction with any other business or not, including, but not limited, to such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices; provided, however, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated machines designed exclusively for children and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

   Antenna means an instrument or device consisting of wires, poles, rods, or reflecting discs designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum.

   Antenna, commercial, means an antenna primarily used for commercial broadcasting. A satellite dish in excess of 12 feet in diameter shall be considered a commercial antenna. A microwave transmitting tower is also a commercial antenna.

   Antenna, noncommercial, means an antenna used for amateur radio, CB radio, or TV reception. A satellite dish antenna not to exceed 12 feet in diameter shall also be considered as a noncommercial radio antenna.

   Antenna, satellite dish, means a dish-shaped type of parabolic antenna designed to receive or transmit information by radio waves to or from a communication satellite. The term most commonly means a dish used by consumers to receive direct-broadcast satellite television from a direct broadcast satellite in geostationary orbit.

   Apartment building. See Dwelling, multiple-family.

   Automobile means 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, buses, motor scooters and motorcycles.

   Automobile parking lot or garage means an area or structure designed for the parking of motor vehicles.

   Automobile rental means storage, leasing or renting of automobiles, motorcycles, and light load vehicles, but not including commercial or industrial vehicles or equipment.

   Automobile repair means general repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust proofing; and other similar uses. The term "automobile repair" also includes minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles.

   Automobile sales means the retail sale of new or used automobiles or light load vehicles.

   Automobile service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automobile fuels, lubricants, and automobile accessories, including those operations listed under minor automobile repair. Vehicles which are inoperative or are being repaired may not remain parked outside an automobile service station for a period greater than seven days.

   Bed and breakfast means a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides sleeping accommodations in no more than five rooms for transient guests for compensation. Breakfast is to be provided for overnight guests only. Bed and breakfast facilities are permitted to facilitate special events, such as wedding receptions, dinner parties, and the like.

   Block means a tract or parcel of land designated as such on a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad rights-of-way, or natural or manmade physical features (e.g., ditches, gullies, ridges, etc.) that disrupt what would otherwise be an unbroken landscape.

   Boardinghouse (lodginghouse) means a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided for three persons or more, but not exceeding 20 persons on a weekly or monthly basis.

   Buffer means a land area used to visually separate one use from another or to block or mitigate the effects of noise, lights or other nuisances. The buffer may include required or permitted landscaping and screening, stormwater detention facilities, and pedestrian walkways.

   Cabinet shop means a structure use to fabricate cabinetry for retail sale.

   Carport means a roofed structure open on a minimum of two sides designed or used to shelter cars, boats, recreational vehicles or other motor vehicles.

   Carwash means a structure used to wash motorcycles, automobiles and light load vehicles.

   Cemetery means property used for the interring of the dead, including columbarium, crematories, mausoleums and mortuaries.

   Certificate of occupancy means an official certificate issued by the city through the chief building official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued; may be referred to as an occupancy permit.

   Change of use means any use which differs from the previous use of a structure or site.

   Charitable use means a use that provides essential goods or services, such as food, limited or emergency housing, clothing, counseling, aid, or assistance to those in need, for no fee or compensation.

   Chief building official means the official or other designated authority charged with the administration and enforcement of the building code and related regulation.

   Child care. Types of child care include the following:

   Child care, Class A, means any detached dwelling which receives six or less children under the age of 14 years and not of common parentage, for care apart from their natural parents, legal guardians or custodians, for regular periods of time and for compensation, excluding the caretaker's own children. The term "child care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (This is considered a home occupation.)

   Child care, Class B, means a building or structure where care, protection, and supervision is provided, on a regular schedule, at least twice a week to at least seven and not more than 12 children under the age of 14 years and not of common parentage, for care apart from their natural parents, legal guardians or custodians. The term "child care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (This is not considered a home occupation.)

   Child care, Class C, means a building or structure where care, protection, and supervision is provided, on a regular schedule, at least twice a week to more than 12 children under the age of 14 years and not of common parentage, for care apart from their natural parents, legal guardians or custodians. The term "child care" shall not include overnight lodging, medical treatment, counseling or rehabilitative services and does not apply to any school. (This is not considered a home occupation.)

   City means the municipal corporation, City of Madisonville, Texas.

   City council means the duly and constitutionally elected governing body of the city.

   Commercial amusement, indoor, means an amusement or entertainment enterprise wholly enclosed and operated within a building. The term "commercial amusement, indoor," includes, but is not limited to, bowling alleys, skating rinks, billiards or pool halls, indoor tennis courts, gymnasiums, and swimming pools.

   Commercial amusement, outdoor, means an outdoor area or structure open to the public which provides entertainment or amusement for a fee or admission charge, including, but not limited to, batting cages, miniature golf, go-cart tracks, drive-in theaters, water slides and carnivals.

   Common elements, when applied to a condominium, townhouse or similar developments, means and includes:

   General common elements means:

         a.   The land, whether leased or in fee simple, on which the building stands;

         b.   The foundations, bearing walls and columns, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;

         c.   The basements, flat roofs, yard, and gardens, except as otherwise provided or stipulated;

         d.   The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated;

         e.   The compartment of installation of central services such as power, light, gas, cold and hot water, refrigeration, central heating, reservoirs, water tanks and pumps, swimming pools, and the like;

         f.   The elevators and shafts, garbage incinerators and, in general, all devices or installations existing for common use; and

         g.   All other elements of the building desirable or rationally of common use or necessary to the existence, upkeep and safety of the condominium regime.

   Limited common elements means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways, and elevators, sanitary services common to the apartments of a particular floor, and the like.

   Commons means an open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

   Comprehensive plan means municipal development plan and adoptions, amendments, or supplements thereto, which have been adopted by the planning and zoning commission and the city council and shall be used as a guide for future development of the city and its surrounding area.

   Conceptual plan means the initial plan layout determined by the developer. The plan shall be used as a tool to determine the requirements of the project and an overall design scheme.

   Concrete or asphalt batching plant, permanent, means a permanent manufacturing facility for the production of concrete or asphalt.

   Concrete or asphalt batching plant, temporary, means a temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

   Condominium means each dwelling unit owner owns as his fee estate the space that his unit occupies. This is the space lying between the interior surface of the unit sides and between the floor and the ceiling. The remainder of the building and the land are called common elements or common area. Each unit owner holds an undivided interest in the common elements and limited common elements as defined in the Texas Condominium Act (V.T.C.A., Property Code ch. 81).

   Construction yard, temporary, means a storage yard or assembly yard for building materials and equipment directly related to a specific construction project and subject to removal at completion of construction.

   Country club means a land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

   County means Madison County, Texas.

   County commissioner's court means the duly and constitutionally elected governing body of Madison County, Texas.

   Covenant (deed restriction) means a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded. Deed restrictions are not enforceable by the city.

   Density means levels of concentration or activity in uses such as residential, commercial, industrial, recreation, or parking.

   District means any 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 each class or kind of building therein.

   Dormitory means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery, or other similar institutional use.

   Duplex means a dwelling with two attached living units designed to be occupied by two households living independently of each other.

   Dwelling unit means a structure or portion which is designed or used for residential purpose, including detached dwellings, two-family, attached dwellings, multifamily dwellings roominghouses and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and modular dwellings, but not including hotels or motels.

   Easement means land reserved for the use of the public by the grantor, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. The city may specify that no building or part of a building or other permanent structure or fence, in case of a drainage easement, may be located within the limits of the easement.

   Engineer means a person duly authorized and licensed under the provisions of the Texas Engineering Practice Act (V.T.C.A., Occupations Code ch. 1001), as heretofore or hereinafter amended, to practice the profession of engineering.

   Essential municipal uses means facilities related to services traditionally provided by local government and/or private utilities, necessary for the furnishing of adequate service by such utilities or city municipal departments for the general public health, safety, convenience, and welfare. Essential municipal uses include, but are not limited to, the following: communication systems, city parks, schools, city fire protection, city police substations, power substations, city or private utility systems and accessories thereto, including, but not limited to, city water storage tanks, pumps, lift stations, and other similar accessories. Essential municipal uses are permitted in all zoning districts; however, these facilities must comply with all other requirements of this or seek a variance from the planning and zoning commission. Essential municipal uses which include aboveground utility accessory structures, such as substations, sewer lift stations, water pump stations, treatment plants, storage towers and the like are required to observe screening and buffering requirements as described in articles XXI and XXII of this chapter.

   Extraterritorial jurisdiction (ETJ) means, under the terms of V.T.C.A., Local Government Code ch. 42, the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the city, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for a distance prescribed in the Local Government Code based on population. In the event that the ETJ of the city overlaps an area within the ETJ of one or more other cities, such overlap may be apportioned by mutual agreement of the governing bodies of the cities concerned. Such agreement shall be in writing and shall be approved by an ordinance or resolution adopted by such governing bodies.

   Fabrication means the manufacturing from standardized parts of a distinct object differing from the individual components.

   Family means any number of individuals living together in a single dwelling unit in which not more than four individuals are unrelated by blood, marriage or adoption. Foster children residing in licensed foster care homes shall not be included in the calculation of the number of unrelated individuals living together in a single dwelling unit. Licensed foster care homes shall comply with any state mandated restrictions on the number of children permitted to reside in the dwelling unit.

   Farm equipment sales and service means a building or open area, other than a right-of-way or public parking area, used for the display, sale, rental or storage of farm equipment.

   Feed store means a building used for the display and sale of livestock feed and affiliated equipment.

   Firewall means a fire resistive wall, having protective openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof.

   Fitness center means health clubs or similar building that provides activities and facilities such as aerobic exercises, boxing, running and jogging, exercise equipment, game courts, swimming pool, saunas, showers, massage rooms, lockers, and ancillary indoor and outdoor recreation facilities on the same premises.

   Flea market means a periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. Flea markets differ from other retail stores or shopping centers in that there are no long-term leases between the sellers and owners or lessors of the site and that often the sellers use their own vehicles for display or set up temporary tables for their wares.

   Floodplain means an area of land subject to inundation by a 100-year frequency flood, as shown on the FEMA floodplain map of the city.

   Fraternal organization, lodge, or service club means an organized group having a restricted membership and specific purpose related to the welfare of the members and others such as Elks, Masons, Knights of Columbus, Lions Club, fraternity or sorority, or a labor union.

   Fraternity and sorority houses mean buildings containing sleeping rooms, bathrooms, common rooms and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an institute of higher learning.

   Gaming establishment means gambling facilities or other operations featuring games of chance and bingo parlors.

   Garage, detached private, means an enclosed (on at least three sides) structure separate from the main residence used primarily for the storage of vehicles and secondarily for storage of household goods, and used solely by the occupants and their guests. Also called "enclosed parking space."

   Gasoline service or filling station. See Automobile service station.

   Golf course means an area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

   Group home/community home.

      (1)   To qualify as a group/community home, an entity must provide the following services to persons with disabilities who reside in the home:

         a.   Food and shelter;

         b.   Personal guidance;

         c.   Care;

         d.   Habitation services; and

         e.   Supervision.

      (2)   It must be a community-based residential home operated by the state department of health services, V.T.C.A., Health and Safety Code § 531.001 et seq., or a community center organized under V.T.C.A., Health and Safety Code § 534.001 et seq., or an entity subject to the Texas Non-Profit Corporation Act (V.T.C.A., Business Organizations Code § 22.001 et seq.), or an entity certified by the state department of human services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation. The home must have not more than six persons with disabilities and two supervisors residing in the home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. The home may not be established within one-half mile of an existing group/community home. For purposes of this definition, the term "person with a disability" means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the persons has:

         a.   An orthopedic, visual, speech or hearing impairment;

         b.   Alzheimer's disease;

         c.   Pre-senile dementia;

         d.   Cerebral palsy;

         e.   Epilepsy;

         f.   Muscular dystrophy;

         g.   Multiple sclerosis;

         h.   Cancer;

         i.   Heart disease;

         j.   Diabetes;

         k.   Intellectual disability;

         l.   Autism; or

         m.   Mental illness.

   Halfway house means a home for not more than four persons who have demonstrated a tendency toward alcoholism, drug abuse, antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of which live together as a single housekeeping unit.

   Health authority means the city health officer, state department of health or county health official.

   Heliport means an area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

   Helistop means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

   Home occupation means any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes.

   Homeowners' association (HOA) means any organized group of landowners within a developed project, with voting rights to promulgate rules and regulations over property dedicated to the ownership of the formed association.

   Industrial park means a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

   Junkyard means an open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. For the purposes of the term "junkyard," the term "material" shall include, but is not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. An automobile wrecking yard shall be considered a junkyard.

   Kennels, commercial, means an establishment with indoor and/or outdoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for commercial purposes.

   Kiosk means a small, freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 25 square feet.

   Laundromat (self-serve washateria) means a facility where patrons wash, dry or dry clean clothing and other fabrics in machines operated by the patron.

   License, manufactured home park, means an authorization, or written evidence thereof, issued by the city, to maintain and operate a manufactured home park.

   Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk or a lot subdivided by metes and bounds description prior to March 9, 1998.

   Machine shop means a workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts.

   Main structure means the structures on a lot which are occupied by the primary use.

   Manufactured home means a "HUD-Code manufactured home" as defined in Texas Occupations Code § 1201.003.

   Manufactured home display and sales means the offering for sale, storage, or display of trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

   Manufactured home park means any lot, block, tract or parcel of contiguous lots, blocks, tracts or parcels of land, under common ownership, which has been so designed and improved that it contains two or more manufactured/mobile homes or manufactured/mobile home lots available for lease or rent to the public and for the placement of mobile homes and/or manufactured homes for occupancy.

   Manufactured housing land lease community means a residential development typified by single ownership of the land with the development, with the landowner retaining the rights of ownership. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights for the placement and occupancy of individual manufactured homes. The term "manufactured housing land lease community" excludes mobile homes.

   Manufacturing means manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing. Such operations shall meet the performance standards, bulk controls, and other requirements of this chapter.

   Masonry construction means exterior construction materials, including brick, stone, granite, marble, concrete and other built up/tilt panels.

   Master thoroughfare plan means a plan of major and secondary streets and highways, a part of the city and adaptations, amendments, or supplements thereto as developed and adopted by the planning and zoning commission.

   Medical facilities or clinics. Types of medical facilities or clinics include the following:

      Convalescent, rest or nursing home means a health facility used for or customarily occupied by persons recovering from illness or suffering from infirmities of age, and furnished meals or continuing nursing care for compensation.

      Dental clinic or medical clinic means a facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions.

      Dental office or medical office means the same as dental or medical clinic.

      Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

      Massage establishment means any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state law. Equivalent terms for massage therapy are massage, and therapeutic massage.

      Minor emergency clinic means a medical clinic which provides walk-in services for minor medical emergencies and may be open 24 hours per day.

      Public health center means 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 therewith.

      Sanitarium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

   Mobile home means a "mobile home" as defined in Texas Occupations Code § 1201.003.

   Model home means a detached dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

   Modular building/housing andindustrialized building means a structure or building module as defined under the jurisdiction and control of the state department of licensing and regulation and the state industrialized building code council and that is installed and used by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term "modular building/housing" or "industrialized building" includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term "modular building/housing" or "industrialized building" does not include a mobile/manufactured home as defined in the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code ch. 1201).

   Motel or hotel means a building or group of buildings designed for and occupied as a temporary dwelling place for individuals and providing four or more rooming units where customary hotel services such as linen, maid service, telephone, and upkeep of furniture are provided.

   Motorcycle means a two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this chapter, motorbikes, motor scooters, mopeds, three- or four-wheel all-terrain vehicles (ATV's), and similar vehicles are classified as motorcycles.

   Motorcycle sales service means the display, sale and servicing, including repair work, of motorcycles.

   Multiple-family dwelling means three or more attached dwelling units designed to be occupied by three or more households living independently of one another, exclusive of hotels or motels.

   Municipal services and support facilities mean a multi-use complex or facility owned and operated by the city to facilitate the services essential to providing and maintaining municipal services. Uses within the complex or facility include, but are not limited to, the following: housing and maintenance of city-owned vehicles, trucks and other equipment, storage of materials (interior and exterior), workshops, fueling stations, and associated offices. Municipal services support facilities are allowed by conditional use in all zoning districts, and are required to observe screening and buffering requirements as described in articles XXI and XXII of this chapter.

   Nightclub means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food and/or dancing may also be provided.

   Nonconforming use means a building, structure, or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived, but which does not conform to the use regulations of the district in which it is situated.

   Non-paid parking for nonresidential uses means parking spaces that are appropriate and incidental to uses other than residential dwellings that are not contracted or leased for commercial gain. The term "non-paid parking for nonresidential uses" does not include paid commercial parking lots or garages.

   Nonresidential district means districts where the primary purpose is for uses other than residential and includes the O, R, GB, CS, DT, GI, and HI zoning districts.

   Nursery (greenhouse) means an establishment, including a building, part of a building or open space, for the growth, display and/or sale of large plants, shrubs, and trees, and other materials used in indoor or outdoor planting.

   Nursing home (retirement home) means a home where elderly or handicapped persons are provided with lodging, meals and nursing care.

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

   Office, professional and general administrative, means a room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

   Office-showroom/warehouse means an establishment with a minimum of 75 percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

   Open space means an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall include landscaping, walks, recreational facilities, water features and decorative objects such as artwork or fountains. Usable open space shall not include: rooftops; accessory buildings, except those portions of any building designed specifically for recreational purposes; parking areas; driveways; turnaround areas; or the right-of-way or easement for streets or alleys. When used in planned development or similar development proposals, the term "open space" shall apply to both private and common ownership property designated for outdoor living and/or recreation.

   Open storage (outside storage) means the keeping, displaying, or storing, outside a building, of any new or used goods, material, merchandise, or equipment on a lot or tract for more than 24 hours.

   Parking lot means an off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles.

   Patio home (zero lot line dwelling) means a detached dwelling located on an individual lot with one wall coincident with a side lot line and a patio or side yard oriented toward the opposite side of the dwelling entirely enclosed by the dwelling wall, lot line wall of the neighboring dwelling, or other fences and walls. Adjoining lots shall not have common zero lot lines.

   Pawnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales also take place of primarily used items.

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

   Personal service shop or custom personal services means establishments primarily engaged in providing services generally involving the care of the person or his apparel, including, but not limited to, barbershops and beauty shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress, and salons/health clubs (no outside storage).

   Place of worship means a church, synagogue, temple, mosque, or other facility that is used on a regular basis for prayer by persons of similar belief.

   Planned development district means area of land controlled by landowners to be developed as a single entity for a number of dwelling units, and/or commercial and industrial uses, if any, the plan for which does not correspond in lot size, bulk or type of dwelling, or commercial or industrial use, density, lot coverage and required open space to the regulations established in other sections of this chapter.

   Planning and zoning commission means a board, comprised of citizens of the city, and appointed by the city council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the city council.

   Plat means a map of a town, section, or subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, etc., drawn to scale.

   Police station means a protection center operated by the city, serving as the headquarters for the city law enforcement officers and their support staff, including administrative offices, storage of equipment, temporary detention facilities, and open or enclosed parking of patrol vehicles; excluding, however, correctional institutions.

   Police substation means a protection center operated by the city, serving as a neighborhood center for the city law enforcement officers, including limited parking for patrol vehicles. Police substations may also serve as the residence for a city law enforcement officer.

   Portable building sales means an establishment which displays and sells structures capable of being carried and transported to another location, but not including mobile homes.

   Premises means land together with any buildings or structures situated thereon.

   Primary use means the principal or predominant use of any lot or building.

   Printing shop means an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization.

   Private utility, other than listed, means nonpublic utility requiring special facilities in residential areas or on public property such as heating, cooling, or communications not customarily provided by the municipality or public utilities.

   Professional office means a detached dwelling or multifamily structure used solely for the provision of executive, management, or legal services. Typical uses include engineering, architectural, and legal offices. Medical offices are excluded from the term "professional office." No more than three personnel per dwelling unit are permitted to work in the office and the hours of operation are limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. Saturday and Sunday.

   Railroad track and right-of-way means the right-of-way and track used by a railroad, but not including railroad stations, sidings, team tracks, loading facilities, dockyards, or maintenance areas.

   Reception hall means any building, land area or other premises, or a portion thereof, which may be rented for social functions.

   Recreational center/community center means a place designed and equipped for recreational, social, educational, cultural, and religious activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

   Recreational vehicle (RV) park means any site upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles designed to be used by the general public as temporary living quarters for recreation or vacation purposes.

   Recycling center means a facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand within an enclosed building or area.

   Recycling collection point means an incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is permitted. Such a facility would generally be located in an easily accessed area and shall be reasonably free from noxious odors, rodents, insects, and refuse.

   Replat means the process of amending or vacating a recorded plat.

   Reserve strip or parcel means any lot, tract, parcel, strip or any other land which prohibits access from public or private tracts or parcels to land dedicated or intended to be dedicated to public use.

   Residence. See Dwelling.

   Residential district means a district where the primary purpose is residential use and includes the RA, ES, SF-1, SF-2, MH, and MF zoning districts.

   Restaurant means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state.

   Retail stores and shops (retail services) means an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

   Right-of-way means an area or strip of land dedicated as public property on which an irrevocable rite of passage has been recorded for the use of vehicles or pedestrians or both.

   Rodeo grounds means a facility that accommodates the public competition or exhibition of skills such as riding broncos or roping calves.

   Roominghouse. See Boardinghouse.

   Saddlery means an establishment engaged in the making and selling of tack for livestock, including, but not limited to, saddles and harnesses. Tanning of leather goods is prohibited within a saddlery.

   Salvage or reclamation of products means the reclamation and storage of used products or materials. See Wrecking yard.

   Satellite dish antenna. See Antenna.

   Satellite television reception dish means a round, parabolic apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

   School, private, means a school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public elementary or secondary schools; except all private schools where education is primarily conducted in private homes.

   School, public or parochial, means a school under the sponsorship of a public or religious agency providing elementary or secondary curriculum, but not including private trade or commercial schools.

   Screening means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

   Sexually oriented uses. See Adult entertainment.

   Sight distance triangle means a triangular-shaped portion of land established at street intersections in which no visual obstructions are erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the line of visibility of motorists entering or leaving the intersection, as defined by the American Association of State Highway and Transportation Officials.

   Site means land upon which commercial, industrial, residential or other business activity is to be done.

   Stable, commercial, means a stable used for the rental of stall space or for the sale or rental of horses or mules.

   Stable, private, means an area used solely for the owner's private purposes for the sale or keeping of horses, mules or ponies, and not kept for remuneration, hire or sale.

   Storage or wholesale warehouse means a building used primarily for the storage of goods and materials.

   Story means 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. The average height for a story shall be defined as 12 feet.

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

   Streets. Types of streets include:

      Arterial. This class of streets brings traffic to or from the expressway and serves those major movements of traffic within or through the urban area that are not served by expressways. Arterials interconnect the principal traffic generators within the city as well as important rural routes. Arterials handle trips between different areas of the city and should form a reasonably integrated system. The length of the typical trip on the system should exceed one mile. The primary function of an arterial is to provide movement between principal traffic generators.

      Collector. This class of streets serves internal traffic movements within an area of the city, such as a subdivision, and connects this area with the arterial system. Collectors do not handle long through trips and are not, of necessity, continuous for any great length. In gridiron street patterns, however, a street of several miles in length may serve as a collector rather than an arterial if the predominant use is to reach the next junction with an arterial and there turn off.

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

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

      Local. The sole function of local streets is to provide access to adjacent land and act as a connection to the collector system.

   Studio means the workshop of an artist, sculptor, photographer, or craftsperson which may include a single-family residence as an accessory use.

   Structural alterations 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.

   Structure means any manmade construction, either built or moved onto a site, affixed to the ground, and which is used to shelter, enclose, or support persons or moveable property. Driveways, patio slabs, walkways, and non-screening fences shall not be considered as structures.

   Subdivision means any division of property for which a plat is required to be approved and recorded under the provisions of V.T.C.A., Local Government Code ch. 211; the Texas Municipal Annexation Act (V.T.C.A., Local Government Code ch. 43); and under this chapter. The term "subdivision" means the division of a lot, tract, or parcel of land situated within the corporate limits of the city, or within the city's extraterritorial jurisdiction into two or more parts, lots, plats, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or laying out any subdivision of any tract of land or any addition of the city, or for laying out suburban lots or building lots or any lots and streets, alleys, or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereupon or adjacent thereto. The term "subdivision" includes replatting, resubdivision and, when in the context relates to the process of subdividing of land or area. The term "resubdivision" means the division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street lines; however, it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new street, alley or easement of access. A major subdivision is a subdivision consisting of more than one phase of development.

   Surveyor means a licensed state land surveyor or a registered professional land surveyor, as authorized by the Professional Land Surveying Practices Act (V.T.C.A., Occupations Code ch. 1071).

   Tattoo/body-piercing studio means the workshop of a tattoo artist and/or a facility where the piercing of body parts, other than ears, is performed for purposes of allowing the insertion of jewelry.

   Theater, indoor, means a building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

   Theater, outdoor, or amphitheater means an outdoor area and associated structures devoted to the showing of motion pictures, or for dramatic, musical or live performances.

   Townhouse means a type of dwelling unit connected to a similar structure by a common wall, and commonly (particularly in a planned unit development) sharing and owning in common the surrounding grounds.

   Trade and commercial schools means establishments, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art or occupation.

   Trailer rental means the display and offering for rent of trailers designed to be towed by light load vehicles.

   Truck and bus repair means an establishment providing major and minor automobile repair services to heavy load vehicles.

   Truck parking lot means an area for parking heavy load vehicles.

   Truck sales (heavy trucks) means the display, sale or rental of new or used heavy load vehicles in operable condition.

   Truck stop means any building, land, area, or premises, or portion thereof, used for the retail dispensing or sales of fuels, lubricants and accessories commonly utilized by heavy load vehicles, but not including those uses listed under major automobile repair, as applying to heavy load vehicles.

   Usable satellite signals means satellite signals, from major communication satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

   Utility distribution/transmission lines means facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited to, electrical transmission lines, gas transmission lines and metering stations.

   Variance means an adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the zoning board of adjustment of the city can grant a variance.

   Veterinary services means an establishment, with or without outside pens or runs, where animals and pets are admitted for examination and medical treatment.

   Vicinity map means a map showing the site in relationship to the city, not necessarily to scale.

   Warehouse means a building used primarily for the storage of goods and materials.

   Wholesale operation means a place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

   Wrecking yard means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot of two or more motor vehicles of any kind which are incapable of being operated due to condition or lack of license have been placed for the purpose of obtaining parts for recycling or resale.

   Zero lot line dwelling. See Patio home.

   Zoning district map means the official map, labeled exhibit A, upon which the boundaries of the various zoning districts are drawn and which is an integral part of this chapter.

   Zoning official means the official or other designated authority charged with the administration and enforcement of this chapter.

(Code 2014, § 46-1112; Ord. No. 629, § 01.38.001, 12-1-2006; Ord. No. 851, § 2, 6-13-2022)