This chapter shall be construed liberally to effect the purposes hereof, and the rules of this section shall be observed except when the context clearly requires otherwise:

(A)

Words used or defined in one tense or form shall include other tenses or derivative forms.

(B)

Words in the singular shall include the plural, and words in the plural shall include the singular.

(C)

The masculine gender shall include the feminine, and the feminine shall include the masculine.

(D)

The words "shall" or "will" are mandatory.

(E)

The word "may" is permissive.

(F)

In the event that this chapter shall contain provisions which are in conflict or provide differing regulations as to the same type of requirement, property or use, then in that case, the most restrictive provision shall be deemed controlling.

(G)

In the event of a conflict between the test of this chapter and any caption, illustration, table or map, the text shall control.

(H)

In the event of obvious mistake in drafting or other misstatement in the text of this chapter, in any amendment hereto or order or decision issued hereunder where it reasonably appears that the error was inadvertent and an obvious mistake, the error or mistake shall not prevent the plain intent from being given to the provisions of this chapter, amendment, decision or order.

(I)

In the event of conflict between any of the provisions or sections of this chapter, or in the event the meaning or intent of any of the provisions or sections of this text is not plain and obvious, the city council, the planning and zoning commission or the board of adjustment, if any of them be the body designated to act with respect to applicable provisions or sections of this chapter, shall interpret the same and shall note, as part of their decision, order or recommendation, the interpretation provided. However, in the event that any decision, order or recommendation made by any board, commission or individual is subject to final action or review by the city council, the city council shall not be bound to the interpretation as established by the board, commission or individual, but shall be free under the terms and provisions of this chapter to act as if it were considering the question de novo and to provide appropriate interpretation. Any final interpretation provided hereunder shall be deemed controlling on any further action concerning the decision, order or recommendation.

(J)

In the event that the member or members of city staff, designated under the terms and provisions of this chapter to perform a certain function or to carry out a certain duty, obligation or responsibility, cannot perform the function, the staff member or members may, subject to the provisions of this code, delegate to someone else the duties and responsibilities imposed upon them herein; and the designee shall serve with the same powers, responsibilities and obligations imposed on the principal staff member or members herein. Any reference to any staff member or members in this chapter shall constitute a reference to any such designee.

(Prior Code, § 24-201; Ord. 85-036, §§ 1, 2, 12-5-1985)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Access means any point of ingress or egress between streets, driveways, sidewalks or any combination thereof.

Accessory use means a structure or use which:

(1)

Is subordinate and incidental to and serves a principal building or a principal use;

(2)

Is subordinate in area, extent and purpose to the principal structure or principal use served;

(3)

Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure or use; and

(4)

Is located on the same lot as the principal structure or its use.

Advertising means to seek the attraction of or to direct the attention of the public to any goods, services or merchandise whatsoever.

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon and not over 30 feet in right-of-way width.

Amusement, commercial indoors means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and including but not limited to a bowling alley or billiard parlor.

Angle of elevation means the angle between the horizon and the line of sight.

Antenna means a device used to radiate or receive an electromagnetic wave signal.

Art gallery or museum means an institution for the collection, display and distribution of objects of art or science and which is operated by a public or quasi-public agency and which facility is open to the general public.

Athletic facilities/clubs means commercial swimming, tennis, racquetball or other athletic facilities that are privately owned and operated as private clubs or that are open to the public.

Auto or motorcycle sales means a place wherein automobiles or motorcycles are on the premises within a building or within a screened storage area and are available for sale to the ultimate consumer.

Auto parts sales means a place wherein automobile parts, including but not limited to tires and/or mufflers, are on the premises within a building or within a screened storage area and are available for sale to the ultimate consumer.

Automobile services means a place where automobiles, trucks, light trucks and/or other motorized vehicles are serviced, repaired, refurbished, painted or repainted either mechanically or aesthetically.

Automobile service station means any building, structure or land used primarily for supplying automobile fuel and motor oil, at retail direct to the customer, including the supplying of accessories, replacement parts and services essential to the normal operation of automobiles, but not including body or fender work, painting or major motor repairs.

Berm means the raised earthen slope that fronts and runs parallel to the city streets.

Board of adjustment (hereinafter referred to as board) means a board having powers and duties as provided in other sections of this chapter, without limitation, to hear matters on appeal concerning interpretation of the provisions of this chapter, to grant variances and special exceptions. The board of adjustment may, in addition, require the discontinuance of nonconforming uses of lands or structures.

Boat means a vessel of any size designed to transport people or cargo across water.

Buffer (buffer zone) means the area, space or physical means which is established to protect or insulate one land use or one building from another.

Building means a structure lawfully erected under the terms and provisions of the Code of Ordinances of the city, having a roof and designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind. The building may have common party walls when erected in accordance with the Code of Ordinances of the city.

Building line means the line drawn on the subdivision plat indicating the front or outermost line or point where a building may be erected or the line established by reference to this code as being the front or outermost line or point where a building may be erected. In case of conflict between the provisions of this code and the designated property building line on the subdivision plat, the line designated providing the greatest setback distance shall control.

Building official means a person duly appointed by the mayor of the city, as provided in other sections of this chapter, without limitation, charged with the duty and obligation of issuing permits and certificates of occupancy and primarily charged with the responsibility of enforcing the provisions of this chapter.

Building permit means a permit issued by the building official under the terms and provisions of chapter 150 of this code.

Business district means wherever used in this chapter, the term business district or business districts shall apply to zoning districts C-1 Light Commercial District, C-2 Commercial District and C-M Commercial-Residential Mixed Use District, collectively.

Business entity means any person, corporation or group of persons associated for the common purpose of engaging in a commercial or mercantile activity legally permissible under federal, state and local laws.

Cafeteria means a place where meals and drinks are served to the public generally or selected portions of the public, in a manner whereby the meals or drinks are served at a counter or in a line.

Certificate of compliance means a certificate issued by the planning and zoning official which certifies that a proposed development complies with the terms and provisions of this chapter and code; the certificate shall constitute a statement as to compliance of proposed buildings with this chapter and code.

Certificate of occupancy means a certificate issued by the building official which certifies that a structure has been erected in accordance with this code and shall have as its effect permitting the occupancy of a building.

Church means a building or buildings where persons regularly assemble for organized religious worship, religious education and activities to promote fellowship among persons who are members or visitors of the organized religious body occupying the building or buildings.

City council means the body established under and by the authority of law as being the body ultimately responsible for the enactment of ordinances and enforcement thereof and having the ultimate authority for amendment or repeal of any provisions of this chapter.

Collector lane means a driveway within a surface parking area designed to collect and distribute traffic between parking spaces and public streets.

Collector street means a roadway designed to provide direct access to residential, commercial, industrial and other activity areas with a primary function of collecting and distributing traffic between local access streets and the major thoroughfare system.

Commencement of construction means any work on the project site pertaining to the work of the project itself that is in addition to the preliminary work of locating signs and temporary construction buildings and facilities on the site, and in addition to clearing and grading the site.

Commercial garage. See garage, commercial.

Commercial parking lot (area). See parking lot, commercial.

Commercial vehicle means any vehicle which is used on a regular basis during working hours to transport persons, goods or services for the purpose of engaging in business activities.

Consumer means a person or persons who are ultimate users or purchasers of goods or services.

Contractual interest (person holding) means an interest obtained by written agreement and held by any person, partnership or corporation in real property. The interest must be capable of being demonstrated and must appear on its face to be superior to all other interests of a similar nature. In addition, the interest must not be in conflict with that of the record title owner.

Corner lot means a lot adjoining the point of intersection of two or more public streets and in which the interior angle of approximately 135 degrees or less is formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines.

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

Crown of street means the highest point of grade elevation of a cross section of a street, usually at a point approximately on the center line of a street.

Day care center. See kindergarten, nursery and/or day care center.

Density, residential means the number of dwelling units per gross area of land.

Development means the carrying out of any building operation requiring permits under the terms and provisions of this code or the making of any material change in the use or appearance of any structure or land requiring a permit or other authority under this code.

Development intensity. See intensity.

Development site means a parcel or abutting parcels of land that have definite boundaries, which is improved or which is to be improved as a single unit of use.

District. See zoning district.

Drive-in banking facilities means a place where a person or persons may conduct banking transactions from an automobile without the necessity of leaving the automobile.

Dwelling, single-family means a residential dwelling unit other than a mobile home, either detached or attached, designed for occupancy by a single family or group of individuals living together as a single housekeeping unit.

Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied by a family as living quarters and includes facilities for food preparation and sleeping.

Easement means the lawful right one person or entity has to use the land of another for a specific or general purpose and for a definite or indefinite term.

Emergency means any federal, state or local declaration of such or interruption of electrical service, through no fault of the owner or occupant of a single-family attached or detached dwelling, for more than three consecutive hours.

Facilities owned and maintained by the city means the buildings of municipal government and related service facilities, such as but not limited to libraries or recreational centers or other department offices.

Family means any number of individuals living together as a single housekeeping unit in which no more than two individuals are unrelated by blood, marriage or adoption.

Fence means a structure used as a means of enclosure or screening primarily designed to keep people or animals in or out, or used as a visual barrier and constructed in accordance with the requirements of this code.

Field of vision means the normal uninterrupted spectrum of sight enjoyed by a person while making visual observations without turning or eye movements of any kind.

Floor area means the sum of the gross horizontal surface areas of the several stories of the building measured from the exterior walls or from the center line of party walls, excluding parking structures or that portion of any structure devoted to parking. Stairwells, elevator shafts, atriums and other open areas shall only be included in the computation of floor area as to the actual floor space of those areas.

Floor area ratio (FAR) means the floor area of the building or buildings on a lot divided by the area of the lot.

Front means the part or side of a building or lot which has both the main point of ingress to and egress from the building or structure and abuts a street or a court. Where the main point of ingress or egress is not certain, then the front shall be deemed to be the side of a building which has assigned to it the street number address for that building.

Front yard means an open, unoccupied space on a lot facing a street, extending across the front of a lot between the side lot lines and from the outermost surface of the main building to the front lot line, with the minimum distance between the front lot line and the main building line as specified for the district in which the lot is located.

Frontage means the length of a building or lot which fronts and abuts a public parking area or a public street or area. The length of a common surface parking area abutting a public street or a public way.

Garage, commercial means a garage structure (building) offering parking facilities for the general public for payment of a daily, weekly, monthly or hourly tariff.

Garage, residential means an attached or unattached structure being an enclosure that has the option to be used in the storage of at least two automobiles.

Grade means the line or elevation of the inclination from the horizontal.

Height means the vertical distance between the highest part of the main structure of a building or the highest part of a sign or its supporting structure, whichever is higher, and that point on the crown of the street which is nearest to the point on the building or sign which is used to establish the setback of the building or sign, as setback is hereinafter defined.

Home occupation means a business, profession or trade conducted within or from a residential building or accessory structure for gain or support by a resident of the dwelling, which is incidental and secondary to the residential use of the building and does not change the essential residential character of the use.

Hospital means an institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life.

Hotel means a building in which lodging is provided or offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby.

Impervious (impermeable) surface means any material applied to the surface of land which does not permit the natural infiltration or passage of water into the ground, including the ground area of buildings.

Intensity means a term referring to the types and extent of uses, activities, coverage, building dimensions and open space existing upon a designated tract or parcel of land.

Kindergarten, nursery and/or day care center means an establishment where ten or more children are housed for care and pre-school activities, which meets licensing requirements as established by the state.

Kitchen facilities means a room or area principally designed for or containing appliances for the cold storage of foods or for the preparation of hot foods.

Land means the earth, water and air, above, below or on the surface, and including any improvements or structures customarily regarded as land.

Line of sight means a line extending upward from a point on the horizon at an angle to the horizon, the angle being the angle of elevation prescribed by this code and illustrated in Appendix B to this chapter.

Local access street means a residential or nonresidential street designed to provide direct access to individual homes, shops, abutting land and similar traffic destinations, with no provision for through traffic.

Lot means a part of a properly platted and recorded subdivision which shall be readily identifiable upon a plat of the subdivision, which plat shall show the dimensions of its subdivision lots and dimensions of all streets, alleys, squares, parks or other portions of the same intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.

Lot coverage (site coverage) means the area of a particular lot or tract which is covered with buildings and other impervious (impermeable) surfaces.

Lot depth means the average distance between the front and rear property lines.

Lot lines means the lines bounding a lot as defined herein.

Lot width means the average distance between the side property lines.

Mansard roof means a roof having two slopes on all sides, with the lower slope steeper than the upper slope.

Mayor means the presiding officer of the city council and chief elected officer of the city.

Mobile home means a structure transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

Motel means a building in which lodging is provided or offered to the public for compensation, which is characterized by ingress to and egress from the rooms usually through an outside entrance, and which is of a design oriented to the short-term occupancy needs of tourists traveling by automobile.

Motor home means a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the complete unit.

Neighborhood means a predominantly residential area distinguishable from surrounding areas by recognizable functional boundaries, such as major arterials or city limits.

Nonconforming use means any use lawfully being made of any land prior to the enactment of this chapter or any amendment hereto, which upon adoption of this chapter or any amendment does not comply with all the regulations of this chapter or any amendment hereto, thus rendering the use nonconforming. A nonconforming use may relate to land, building, structure or any parts thereof.

Nursery, day care. See kindergarten, nursery and/or day care center.

Official Zoning District Map means the map adopted as a part of this chapter having delineated thereon all the zoning districts and the boundaries thereof within the city.

On-site parking, nonresidential means an area set aside for temporary parking (at no charge) of automobiles being used by persons shopping for goods or services or by persons there temporarily to conduct business on the premises.

On-site parking, residential means a paved area on a residential lot set aside for the parking of motor vehicles.

Open space means any area of land or water set aside, open and unobstructed to the sky.

Outermost surface means the part of any building, excluding eaves and roof extensions that do not extend a distance greater than five feet, which is closest to the street abutting the lot on which the building is located.

Owner means any legal entity, person or otherwise who holds superior title to and can evidence superior title in real or personal property.

Parcel means any quantity of land capable of being described with such definiteness that its location and boundaries may be established.

Parking lot means an open paved area set aside as an accessory use to commercial, retail or office use developments to provide temporary parking (at no charge) of automobiles being used by persons shopping for goods or services or by persons there temporarily to conduct business on the premises.

Parking lot, commercial means a parking lot, as defined herein, offering parking facilities for the general public for payment of a daily, weekly, monthly or hourly tariff.

Parking space means an enclosed or unenclosed all-weather surfaced area not on a public street or alley together with an all-weather surfaced driveway connecting parking space with a street or alley, permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done directly on the public street shall not be classified as off-street parking in computing the parking requirement for any use.

Particulate matter means any material except uncombined water which exists in a finely divided form as a liquid or solid at standard conditions when released into the atmosphere.

Permanent generator means a generator that is attached to either a single-family attached or detached dwelling and is fueled by natural gas.

Person means any natural person or entity created by law, including but not limited to a corporation (profit or nonprofit), partnership or association.

Planned development means a land development project comprehensively planned to permit flexibility in location of buildings, mixture of land uses, usable open spaces and the preservation of significant natural features.

Planned development district amendment means an amendment authorizing a planned development as a zoning district of the city approved in accordance with provisions of this chapter for amendments to the chapter and Official Zoning District Map, which has, as a part of the amendment, a site plan for development of the entire district.

Planning and zoning commission means the planning and zoning commission of the city.

Planning and zoning official means a person duly appointed by the mayor of the city, as provided in other sections of this chapter, without limitation, charged with the duty and obligation of administering and interpreting the terms and provisions of this chapter and servicing as department head of the office of planning and zoning.

Plat (subdivision plat), final means a document including a graphic description of a tract of land by metes and bounds and giving the dimensions of all streets, alleys, squares, parks and other public areas, and giving the dimensions of all lots or tracts contained therein and which has been finally approved under the provisions of this code or prior law.

Plat (subdivision plat), preliminary means a document including a graphic description of a tract of land by metes and bounds and giving the dimensions of all streets, alleys, sidewalks and other public places, which has been submitted for review and possible tentative approval, but has not been filed with the city for final approval nor for record with Harris County or Fort Bend County in accordance with V.T.C.A. Local Government Code ch. 212.

Primary arterial means a major thoroughfare with limited at-grade access, which expands and links to the expressway system and is designed primarily for movement of through traffic. West Airport Boulevard, South Kirkwood Road, Stiles Lane (Dairy Ashford).

Primary use or service means the use or service that is the principal use or service provided.

Private club means a place wherein members gather for friendship and recreation, which has the membership restricted to persons who are actually on the rolls of membership of the club or their guests.

Property building line. See building line.

Rear yard means an open, unoccupied space, except for accessory buildings as permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a minimum depth between the end of the main building and the rear lot line as specified for the district in which the lot is located.

Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

Restaurant means an eating establishment where food and drink are served to customers in a dining room or in a building or where food is prepared.

Retail sales and service establishments means establishments for the sale of consumer goods, commodities and services to ultimate consumers or users.

Right-of-way means a strip of land either dedicated or owned by the city or other public agency and used for the purpose of a public way or roadway. The area designated as a right-of-way shall not be included in computing the area or size of a lot or tract.

School means an institution, either public or private, organized and operated for the purposes of providing facilities for the education of children and/or adults based upon an organized curriculum or study plan, accredited by or application for accreditation pending before the appropriate state agency.

School, business or trade means a place of instruction or education wherein physical, mechanical or other skills that may be used in business or commerce are taught and which may be operated for profit.

Screen, screening means a wall or fence located in the front, rear or side yard in accordance with standards herein set forth and erected for the purpose of providing a visual barrier and privacy and reducing noise impact.

Secondary arterial means a major thoroughfare which supports the primary arterial system by providing essential system linkages to expressways, primary arterials and activity centers of medium intensity.

Secondary use or service means a use or service that is subordinate and incidental to and serves a principal use or service.

Service station. See automobile service station.

Setback means the required distance between the outermost part of any building and the property line, or the required distance between a sign and the street frontage lot line, the distance being measured along a horizontal line extending from the point on the sign nearest to any point on a vertical plane projecting from the street frontage lot line, whether on the face or surface of the sign, any extremity or portion of the sign or sign supports, to the nearest point on the vertical plane.

Side yard means an open space on each side of a building and on the same lot with the building, situated between the building and side line of the lot and extending through from the front yard to the rear yard. Air conditioning units may occupy space in the side yard at the discretion of the building official, provided that the location does not create a violation of the city's Fire Code or any other code, ordinance, rule or regulation of the city. Any lot line, not the rear line or a front line, shall be deemed to be a side line.

Sign means a name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Signs located completely within an enclosed building, and not exposed to view from a street, must not be considered a sign. Each display surface of a sign or sign face must be considered to be a sign.

Sign, abandoned means any sign which no longer correctly directs or exhorts any person or advertises a bona fide business lessor, owner, product, service or activity.

Sign appendage means a subordinate or accessory sign or object attached to a primary sign.

Sign area means the space enclosed within the extreme edges of the sign for each sign face, not including the supporting structure or where attached directly to a building wall or surface, the space within the outline enclosing all the characters of the words, numbers or design.

Sign, auxiliary/public information means any sign indicating general information, such as pricing, trading stamps, credit cards, official notices or services required by law, trade associations, and signs giving directions to offices, rest rooms, exits and like facilities.

Sign, billboard means outdoor advertising by poster panels or bulletins, multi-prism signs, or painted or printed bulletins, either on or off the premises being advertised.

Sign, canopy means any sign affixed to an ornamental and/or functional roof type structure extending or projecting from the main building structure.

Sign, community service means any sign which solicits support for or advertises a nonprofit community use, public use or social institution. The signs may include but shall not be limited to seasonal holidays, such as Christmas or Easter, school activities (including spirit or booster signs for sports and other school activities), charitable programs or religious activities, or activities of community service or community interest organizations (including "Yard of the Month" signs awarded by the Meadows Home and Garden Club).

Sign, damaged means any sign which has become deteriorated or dilapidated and requires reconditioning to restore it to an average, normal state of repair, when the reconditioning and restoration shall include the replacement of any missing portion of the sign, including letters, numbers, figures or designs, or the replacement of broken or damaged glass or other materials, or the straightening of any sign support or other portion of the sign when the sign structure is leaning to such a degree as to be in danger of falling or collapse.

Sign, electrical means any sign containing electrical wiring but not including any signs illuminated by an exterior light source.

Sign, electronic means any sign capable of displaying advertising by the illumination of individual electronic segments or pixels, including but not limited to light emitting diodes (LEDs).

Sign face means the entire display surface area of a sign upon, against or through which copy is placed.

Sign, free-standing means any sign permanently affixed to the ground and which is not affixed to a building and which is not used for off-premises advertising.

Sign, free-standing (monument) means a sign with a display surface that is an integral part of the support structure, which in turn is affixed or permanently fixed in the ground, as contrasted to any other free-standing sign that has separate support or supports attached to the display surface. For the purposes of interpretation in this subchapter, "free-standing signs" shall include monument signs, but free-standing monument signs shall not include other types of free-standing signs.

Sign, garage sale means any sign for sale of 20 or more items of used personal property from a residence, including "patio sales," "porch sales" and "driveway sales."

Sign, government means any sign indicating public works projects, public services or other programs or activities conducted or required by any governmental subdivision.

Sign, institutional means any structure, device, display board, screen, surface or wall, with characters, letters or illustrations placed thereon or thereunder, by any method or means whatever, showing names, activities and services provided by a church or other public service nonprofit institution; the signs shall be located on property occupied by the church or nonprofit institution.

Sign, moving message means any sign which is animated by means of flashing, traveling or blinking lights, or other means not providing constant illumination, or which contains reflectors or glaring, rotating, strobe, flashing, blinking, traveling, moving, fading, revolving, intermittent illumination, or spot lights, or which features a moving message or advertising or gives the illusion of animation or movement, or which contains exposed neon tubing or other similar attention-arresting lighting devices.

Sign, multi-party means any sign which is used or intended to be used for advertising purposes by more than one business entity located on the development site.

Sign, political means a sign erected on private property by or with approval of the property owner solely for the purpose of advocating certain political candidates or propositions for a specific identifiable date certain election.

Sign, portable means a sign which is not designed or manufactured to be permanently anchored or affixed to the ground, building or other structure, but rather is designed or primarily used as a sign which is movable from place to place and which includes but is not limited to signs affixed to a trailer or other portable structure and bench signs.

Sign, realty means a sign located on real property that is for rent, lease or sale, which sign being for the purpose of advertising the rent, lease or sale of the property.

Sign, roof means any sign which is affixed to a building roof, except a sloping or mansard roof.

Sign, sloping or mansard means any sign affixed to a sloping or mansard roof.

Sign, temporary means any sign which is displayed, as permitted under the terms and provisions of this subchapter, for a limited period of time for the purposes of sales promotion or providing information concerning an event or activity occurring upon the property where the sign is displayed, which sign shall be removed promptly upon the conclusion of the sale, event or activity.

Sign, wall means any sign affixed flat against and parallel to a building wall. For the purpose of this definition, "wall" shall include window areas.

Site means a lot, tract or parcel of property, being described by lot and block number, metes and bounds and/or parts thereof, developed and/or intended to be developed by the erection of a building or buildings and which shall include front, rear and side yards where applicable.

Site coverage (lot coverage) means the area of a particular site or tract which is covered with buildings and impervious (impermeable) surfaces.

Site frontage means the frontage under one development at the time of application for a sign permit.

Site plan or plans means a two-dimensional graphic illustration setting forth minimum and maximum requirements for ingress to and egress from the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, maximum lot coverage, yards and open spaces, screening walls or fences, landscaping and other development and protective requirements including maintenance considered necessary to create a reasonable transition to and protection of the adjacent property.

Smoking paraphernalia establishment means a retail store where more than 15 percent of the gross square footage of the establishment is dedicated to the sale, distribution, delivery, furnishing of smoking paraphernalia, devices, or instruments that are designed or manufactured for the smoking, ingesting, inhaling, or otherwise introducing in to the body tobacco, products prepared from tobacco, or controlled substances as defined in the Texas Health and Safety Code ch. 481. Smoking paraphernalia includes, but is not limited to, pipes, bongs and hookahs. Smoking paraphernalia also includes kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance, or from which a controlled substance can be derived or in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance. Smoking paraphernalia does not included lighters, matches, cigarette holders, and devices used to store or preserve tobacco, tobacco cigarettes, cigarette papers, or cigars. For purposes of this definition, smoking paraphernalia establishments may also be referred to as "head shops".

Special exception means a type of relief granted by the board of adjustment pursuant to the terms and authorization contained in this chapter for particular and unique situations, which may include expansion of nonconforming uses.

Specific use means a use permitted by ordinance in a district where it is not necessarily incompatible but where it might cause harm if not watched. Exceptions are authorized under conditions which will ensure their compatibility with surrounding uses.

Specific use amendment means an amendment authorizing a certain use which, because of its nature, is not subject to categorizing into specific zoning districts, subject to such conditions or limitations as the city council shall provide.

Statement of ownership means a sworn statement by a person swearing to or affirming the legal or equitable ownership of real property.

Story means the part of a building between the surface of a floor (whether or not counted for purposes of computing floor area ratio) and the ceiling immediately above. However, a cellar is not a story.

Street means any thoroughfare, road, highway or public driveway other than an alley, and more than 30 feet right-of-way in width, which has been dedicated or deeded to the public for public use expressly or by implication.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, excluding paved surface access ways and surface parking areas, approved surface water detention facilities and architectural/landscaping embellishment.

Subdivision means a tract of land identifiable upon a plat duly approved and filed for record in the office of the county clerk of Fort Bend County, Texas or the county clerk of Harris County, Texas, which shall clearly delineate the location and dimensions of all lots within the subdivision, streets, alleys, squares, parks or other portions intended for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and which shall be accurately described upon the plat by metes and bounds in order that the same might be located with respect to an original corner of the original survey of which it is a part.

Tattoo studio or body piercing studio means a building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Temporary generator means a generator that is not attached to either a single-family attached or detached dwelling and is fueled by gasoline, diesel or natural gas.

Trailer means a vehicular unit mounted on wheels and designed for towing by another motorized vehicle, including but not limited to trailers used for moving furniture, boxes or other items for storage or for camping and recreation.

Use, land use means the particular type of function or purpose to which land and/or structure is committed.

Variance means relief granted by order of the board of adjustment, not contrary to the public interest, where owing to special conditions the literal enforcement of the regulations of this chapter will result in unnecessary hardship.

Visibility triangle means a triangle formed by a diagonal line extending through points on the two property lines 25 feet from the street corner intersection of the property lines.

Wall means the side of a room or building between the floor, foundation and the ceiling and roof, generally a structure of stone, brick or other material built to enclose, divide, support or protect, and constructed in accordance with the requirements of this code.

Yard means an open space other than a court, on a lot or parcel of land on which a building is situated and which is unobstructed above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and landscape features.

Zero lot line means the side lot line of a lot or tract without required minimum side yards, in order that the wall or structure may be erected on the side property line.

Zoning district means (Hereinafter referred to as district.) Any district delineated on the Official Zoning District Map under the terms and provisions of this chapter or which may hereinafter be created subsequent to the enactment of this chapter.

Zoning district boundaries means the boundaries of each zoning district as more fully described in section 153.47(C) of this chapter.

(Prior Code, § 24-202; Ord. 85-036, §§ 1, 2, 12-5-1985; Ord. 96-12, § 1, 2-27-1996; Ord. 2010-08, 4-27-2010; Ord. 2010-17, 8-24-2010; Am. Ord. 2012-11, 5-22-2012; Am. Ord. 2015-01, 1-27-2015; Ord. 2020-09, 2-25-2020; Ord. No. 2022-31, § 1, 6-28-2022)