Means of approaching or nearing. Includes a right of passage to and from an adjacent street.

An accessory use or structure is one customarily a part thereof, which is clearly incidental and secondary to a permitted use and which does not change the character thereof.

The total acreage of a subdivision, including areas dedicated to the public use such as streets and alley rights-of-way, floodplains, and any areas that are nonresidential in use.

The total acreage of a subdivision less those areas dedicated to public use such as street and alley rights-of-way, floodplains, and any areas that are nonresidential in use.

The placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

The use of land for the raising of crops or livestock with intent to make a profit on the sale thereof; as defined by the Central Appraisal District of Ellis County.

Any premises which are used, or intended strip [sic] for use, or for the landing and take-off of aircraft; and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or rights-of-way, together with all airport buildings and structures located thereon.

Any drink, either contained in a sealed container for off-site consumption or served to be consumed on the premises, that contains an alcoholic content that causes it to be controlled under the authority of the Texas Alcoholic Beverage Commission and allowed by the City of Midlothian only in accordance with the laws of the State of Texas.

A facility or area for raising animals (including fish and birds) and the development of animal products, such as meat, fur, or eggs, on a commercial basis. Typical uses include beef, horse or sheep ranching; piggeries; poultry; dairy; and fish farming. This use does not include raising animals to sell as pets.

A facility used to house or contain stray, homeless, abandoned, or unwanted animals for the purpose of providing temporary kenneling and finding permanent adoptive homes for animals.

A device used to transmit, retransmit or receive any radio, electromagnetic, or microwave signals.

A premises used principally for the sale or trade of articles to include works of art, furniture, decorative objects, archeological relics, or other similar objects having collectable value and being a minimum of 30 years old. Antique shop does not include secondhand store, thrift store or junk shop or yard.

A minor public right-of-way, which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. (Alleys are generally discouraged in all future subdivisions in Midlothian, except where expressly permitted.)

A room or group of rooms used as a dwelling for 1 family unit with cooking facilities therein located in a building where other family dwelling units are located.

Any building or portion thereof, which is designed, built, and rented, leased or let to be occupied as 3 or more dwelling units, or apartments.

Transforms fabrics produced by textile manufacturers into clothing and accessories. By cutting and sewing fabrics or other materials, such as leather, rubberized fabrics, plastics, and furs, workers in this industry help to keep consumers warm, dry, and fashionable.

A retail store that specializes in the sale of equipment used for domestic functions including but not limited to couches, tables, bedroom sets, washers, dryers, stoves, refrigerators, freezers, etc.

An amusement center having coin-operated devices for entertainment[.]

A facility that includes buildings or structures used for target practice with bows and arrows.

The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.

An indoor area intended solely for the purposes of training with exercise equipment or engaging in training for activities that include but not limited to karate, kick-boxing, gymnastics, etc.

A facility or area for the retail sale and installation of aftermarket accessory items and other new or rebuilt goods for use in motor vehicles (also see Motor Vehicle Repair Garage, major & minor).

A retail store that specializes in the sale of automobile parts and accessories.

An off-street area not open for customers to drive into or through for the storage of unlicensed motor vehicles.

A place of business for the custody, loan, and exchange of money; for the extension of credit, and for the facilitating the transmission of funds. This does not constitute credit services organizations as identified by the State of Texas (i.e. payday loans, auto/title loans, etc.).

An establishment primarily engaged in the retail sales of baked products for consumption off-site. The products may be prepared either on-site and/or distributed off-site.

An area primarily devoted to the serving and consumption of alcoholic beverages on-site and in which the service of food is only incidental to the consumption of such beverages. Alcohol sales greater than 75% of gross sales must be reported to the Texas Alcohol Beverage Commission, per State law.

That portion of the gross site area remaining after (a) the dedication of public street and utility right-of-way; (b) subtracting the area within surface easement; and (c) buffer areas from the gross site area.

A plant for the manufacturing or mixing of concrete, cement, and concrete and cement products, including any apparatus and uses incident to such manufacturing and mixing.

Any commercial establishment where cosmetology is offered or practiced on a regular basis for compensation, including hair care, nail care, and skin care.

A manager/operator-occupied single-family detached dwelling where tourist-oriented lodging and morning meals are provided for compensation and which complies with the requirements of Section 5.211.

A sign permanently or wholly fixed to the ground that is not located on the lot, tract or parcel of the event, activity or business being advertised, and whose sole intent is to be leased for advertising purposes.

A person who creates objects from iron or steel by “forging” the metal; i.e., by using tools to hammer, bend, cut, and otherwise shape it in its non-liquid form. Usually the metal is heated until it glows red or orange as part of the forging process. Blacksmiths produce things like wrought iron gates, grills, railings, light fixtures, furniture, sculpture, tools, decorative and religious items, cooking utensils, and weapons.

A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

The Zoning Board of Adjustment (ZBA) of the City of Midlothian as established by this Ordinance.

A rooming and boarding establishment either in a converted single-family home or in a structure specifically designed for such purpose that serves a specific group or membership, such as a dormitory or workers’ camp. The term of stay is temporary.

Accommodations may offer housekeeping, meals, and laundry services and no cooking facilities are provided in individual living units. Boarding houses may include cabins, clubs, cottages, dormitories, guesthouses, tourist homes, workers’ camps, and dormitories.

An establishment whose services include tattooing and/or body piercing, but shall not include a barber shop, beauty shop, hair salon, cosmetics or make-up salon, spa, nail salon, or similar business where the application of permanent cosmetics or makeup is an incidental use or an office or clinic of a person licensed by the Texas Medical Board. For purpose of this definition:

An industrial use that brews ales, beer, meads, and/or similar beverages on-site.

A restaurant in which the owner or operator, pursuant to a Brewpub License granted by the Texas Alcoholic Beverage Commission (TABC), (i) manufactures, brews, bottles, cans, packages, and labels malt liquor, ale, and beer, (ii) sells or offers without charge, on the premises of the restaurant, to ultimate consumers for consumption on or off those premises, malt liquor, ale, or beer produced by the owner or operator, in or from a lawful container, to the extent the sales or offers are allowed under the owner or operator’s other TABC permits or licenses.

An area of land together with specified planting and/or structures thereon, which may be required between land uses of different intensities to eliminate or minimize conflicts between such uses.

Any structure built for the support, shelter, or enclosure of persons, chattels or removable property of any kind and which is affixed to the land. This term does not include fences.

The gross area covered by the building or buildings placed on a lot.

Those regulations adopted in Chapter V [Chapter 3] of the Midlothian Code of Ordinances.

Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwellings, a building end shall be interpreted as being the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot, or is adjacent to the side lot line, or another building.

A line defining an area on the building lot between the street right-of-way or property line and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the City of Midlothian.

An instrument in writing signed by an enforcing officer authorizing described construction on a particular lot.

The holding or stockpiling on land of material or products where such storage constitutes 40 percent of the developed site area and the storage area is at least one acre, and where at least three of the following criteria are met by the storage activity: (1) in a bulk form or in bulk containers; (2) under protective cover to the essential exclusion of other uses of the same space due to special fixtures or exposed to the elements; (3) in sufficient numbers, quantities, or spatial allocation of the site to determine and rank such uses as the principal use of the site; (4) the major function is the collection and/or distribution of the material and/or products rather than processing; and (5) the presence of fixed bulk container or visible stockpiles for a substantial period of a year.

Establishments, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art, or occupation.

A factory for the canning of foods or bottling of beverages.

A facility or area for a traveling show or exhibition that has no permanent structure or installation including but not limited to a carnival, circus, and games of skill or chance or riding device(s) operated for profit.

A facility or area for cleaning items in bulk quantities such as clothes and linens. This definition includes cleaning for hospitals, restaurants, hotels, diaper-cleaning services and other similar accounts, as well as rug and dry cleaning plants where on-premise retail services to individual households are incidental to the operation of the plant.

A facility or area for the cleaning or steam cleaning, washing, polishing or waxing of passenger vehicles by machine or hand-operated facilities. A car wash may be (1) a single unit type, which has a single bay or a group of single bays with each bay to accommodate one vehicle only; or (2) a tunnel type, which allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

"Hemp" is defined as the plant Cannabis salva L., including all of its parts, extracts, cannabinoids, isomers, acids, and salts. "CBD oil" and "hemp-based products" refer to products that are derived from hemp and contain no more than 0.3% delta-9 tetrahydrocannabinol (THC) on a dry-weight basis.

See Food Catering Service

An integrated facility that prepares the raw mix, feeds it to the pyro-processing system (kiln), and then grinds the clinker from the kiln system into various cement products. Finished cement is stored in large silos on-site or bagged for small quantity use. The cement is shipped by truck, rail or barge to customers, or to regional terminals for customer pick-up. Most cement plants have quarries located nearby to supply the limestone and other raw materials.

A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interment, a columbarium for cinerary interments, or a combination thereof.

A written instrument signed by the enforcing officer authorizing a described use at a described location, which indicates conformance with the Building Code and Zoning Ordinance.

The word “city” shall be the City of Midlothian, Texas, together with all its governing and operating bodies.

The governing body of the City of Midlothian, Texas

The duly authorized person in charge of engineering for the City, or his designated representative.

That person holding the office of City Manager under the terms of the Midlothian Charter.

That person holding the office of City Secretary under the terms of the Midlothian Charter.

A facility for the cleaning or laundering of garments principally for individuals or a facility that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.

An institution, public or private, or a station for the examination and treatment of outpatients by an individual or a group of doctors, dentists or other licensed members of the human health care profession.

A street which carries traffic from local streets to the system of major streets, including the principal entrance street or streets into a subdivision development and streets designed primarily to provide traffic circulation within or between one or more subdivisions.

An academic institution of higher learning beyond the level of secondary school.

An enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gate of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children’s rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors and similar enterprises.

An antenna and associated communications mount or communications tower that is an accessory use to a local business and is intended for the transmission, retransmission or reception of any radio, electromagnetic, or microwave signals for communications within the related business.

An antenna and associated communications mount or communications tower and related structure(s) intended solely for the transmission, retransmission or reception or any radio, electromagnetic, or microwave signals for all commercial communications other than those defined under Commercial Communications Tower, Type 1.

A facility or area for parking that is operated as a business enterprise by charging the public a fee, and is not reserved or required to accommodate occupants, clients, customers, or employees of a particular establishment or premises.

The Planning and Zoning Commission of the City of Midlothian, Texas.

A driveway on a common property line serving more than 1 platted lot.

A parcel or parcels of land, together with improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a planned unit.

A non-permanent, non-penetrating structure placed upon a roof or placed upon the ground to support an antenna for the purpose of transmitting and/or receiving any radio, electromagnetic, or microwave signals. A communications mount taller than 5 feet shall be considered a Communications Tower.

A permanent structure, excluding guy wires and related anchor points, erected or constructed to support one or more antennas for the purpose of transmitting and/or receiving any radio, electromagnetic, or microwave signals.

A building to be used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages or meals are normally dispensed or consumed.

A use, which may be permitted in a district, subject to meeting certain conditions or procedures, set forth in this ordinance (also referred to as Specific Use Permit).

Two (2) or more dwelling units on a lot with individual ownership of a unit rather than a specific parcel of real property, together with common elements. See Article 1301a, Texas Revised Civil Statutes.

A facility or area for the storage and maintenance of contractor’s supplies and operational equipment. An office is considered accessory.

Air conditioning, building construction and supply, electrical supply, landscaping service, lumber yard, plumbing supply, tombstone and monument work, utility materials yard.

Any structure used or occupied by 3 or more persons recovering from illness or receiving geriatric care in exchange for compensation.

Any retail establishment offering for sale a limited line of groceries, food, pharmaceutical medication, and household items intended for the convenience of the neighborhood and may sometimes be associated with a gas station.

A lot abutting upon 2 or more streets at their intersection.

A facility or area laid out for playing golf and used for recreational or athletic purposes, with limited membership and the use of which is primarily restricted to members and their guests. Accessory uses include retail, a clubhouse and other recreational facilities.

An open, unoccupied space, bounded on more than 2 sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent place.

A location containing properly installed, certified apparatus intended for use in the act of cremation.

An area for raising or harvesting agricultural crops such as wheat, field forage, and other plant crops intended to provide food or fiber.

A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround.

An agricultural operation, which produces, manufactures, processes, and sales [sells] milk and milk products.

A facility or area used regularly to provide daytime care, training, education, custody, treatment or supervision to more than six children, adults or elderly in a family setting for less than twenty-four hours a day, whether for compensation or not. This definition shall not include kindergartens, pre-kindergartens, and schools listed elsewhere in this Ordinance. A day care may be operated out of a home as long as there are no more than six children.

A home that generally provides care, protection, and supervision of six or fewer children in the provider’s own home, for periods less than 12 hours per day, while the parent or guardian is away.

The number of dwelling units per gross acre of subdivision, including floodplains and any areas that are nonresidential in use.

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

An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by these regulations, including the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term “developer” is intended to include the term “subdivider” even though personnel in successive stages of a project may vary.

Any man-made change in improved or unimproved real estate (but not for agricultural activities), including but not limited to the construction of one or more new buildings or structures on one or more lots or tracts, paving, or the use of open land for a new use (but not excavating, filling, compacting, or grading). “To Develop” shall mean to create development. The term development does not include mining or quarrying activities on land within the City of Midlothian, which has been issued a Specific Use Permit for such uses.

An industrial use that (i) manufactures distilled spirits, (ii) rectifies, purifies, and refines distilled spirits and wines, (iii) mixes wines, distilled spirits, or other liquors, and (iv) conducts such other activities authorized by the holder of a Distiller’s Permit issued pursuant to Chapter 14 of the Texas Alcoholic Beverage Code.

A building or area greater than 50,000 square feet in size for storage, wholesale and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.

A section of the City of Midlothian for which the regulations governing the area, height, use of land and buildings, and other regulations as defined by this ordinance are uniform.

Any structure specifically designed to house student tenants associated with a university, college, or school.

To bore or drive a hole into the ground to extract a mineral underneath.

Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption in a vehicle parked on the premises with delivery of food to customers in cars away from the main building.

A business establishment developed so its retail or service character is dependent on providing a driveway approach or (stacked) parking spaces so as to serve patrons who may receive a service or purchase a product while waiting in the motor vehicle rather than within a building or structure.

An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack bar and pro shop.

2 single-family dwelling units joined by 1 or more common side walls.

Any building or portion thereof designed or used exclusively for residential purposes.

A building unit or other unit structure, which is designed exclusively for residential purposes for a family.

An interest in land granted to the City or other governmental entity, to the public generally, and/or to a private utility corporation.

An apartment without a bedroom separate from other living quarters.

Shall have the same meaning as set out in section 6.03.031 of this Code.

Process of using electrical current to reduce metal cations in a solution and coat a conductive object with a thin layer of metal. The primary application of electroplating deposits a layer of a metal having some desired property (e.g., abrasion and wear resistance, corrosion protection, lubricity, improvement of aesthetic qualities, etc.) onto a surface lacking that property. Another application uses electroplating to build up thickness on undersized parts.

Any vehicle meeting the requirements for emergency vehicles under State law.

The designated enforcing officer of the City of Midlothian or his designated representative.

A yard abutting and extending along the full length of the street line of all streets abutting a lot.

Any number of related persons or not more than 6 unrelated persons living in a single housekeeping unit.

A facility or area providing food and shelter, personal guidance, care, rehabilitation services, or supervision for not more than six disabled persons, regardless of their legal relationship to one another, and two supervisory personnel. A family home is a community-based residential home operated by the Texas Department of Mental Health and Mental Retardation Act [sic], which provides services to disabled persons, or a nonprofit entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retarded program.

A tract of land devoted to agricultural purposes and devoted to the raising of animals and especially domestic livestock

A business or facility that specializes in the sale of farm-related equipment.

An establishment that prepares and sells food on the premises primarily for consumption elsewhere.

An establishment engaged in retail sale of supplies directly to the day-to-day activities and operations of agricultural purposes.

An area specially designed for the safe discharge and use of rifles, shotguns, pistols, and other similar firearm for the purposes of target practice or competition.

A building used for fire equipment and firefighters.

Establishments primarily engaged in the provision of repair services to individuals and households rather than to businesses including the repair of appliances, jewelry, shoes, clothing, televisions, household electronic devices and other similar products. This does not include the repair of automobiles, trucks, tractors, construction equipment, or major household equipment such as HVAC units, water heaters, plumbing or electrical repair.

That portion of the floodplain which may be filled and/or altered so as to permit the construction of improvements provided such alterations and/or filling is approved by the City of Midlothian, Public Works Department, and any State or Federal agency that may have jurisdiction thereof.

Any and all land area adjoining the channel of a river, stream, lake, watercourse, marshy area, or other drainage element, which has been or may be inundated by stormwater runoff. The extent of the floodplain shall be determined by the crest of a flood having an average frequency of occurrence of once in 100 years, as established by FEMA.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood, as defined by the Corps of Engineers or FEMA, without cumulatively increasing the water surface elevation more than 1 foot.

The sum total of all floors as calculated from measurements to outside walls.

An establishment or business that serves and supplies food to be consumed off the premises at a particular event or location.

A facility or area in which food for human consumption in its final form, such as candy, baked goods, tortillas, and ice cream is produced, and the food is distributed to retailers or wholesalers for resale on or off the premises. Food or beverage processing using mechanized assembly line production of canned or bottled goods is excluded from this definition.

A facility or area providing full-time parental care for 6 or fewer total minor children for which reimbursement or fee is received for any one or more of the children in return for such services. This use must comply with statutory licensing requirements.

Quarters for a private organization business or philanthropic, whose principal purpose is the preparation and service of food and drink for members and their guests only. The on-site use of alcoholic beverages may be allowed when granted a Specific Use Permit.

Goods, merchandise, substances, materials, and commodities of any kinds that may be transported or transferred from one place to another by air, rail, or motor carrier.

An exterior yard between an adjacent street and the entrance of a principal structure on a lot. See Yard, Front.

A mortuary or funeral home is a facility in which dead bodies are prepared for burial or cremation or funeral services are conducted.

A building or indoor space in which to park or keep a motor vehicle; sometimes used for storage.

An establishment where motor vehicles receive maintenance, repair or where auto body repair takes place and does not include salvaging.

An establishment where gasoline is sold and dispensed into motor vehicle tanks and may sometimes [be] associated with a convenience store. Such establishments may also have accessory facilities for washing cars, minor maintenance, oil, and grease, battery charging, tire repair and sale of auto accessories. Such establishment shall not perform body repair, engine, or transmission overhaul and shall not display vehicles for sale except in districts allowing such sales. No inoperative motor vehicles shall remain outside the business/building for more than 24 hours.

A facility for the retail sale of merchandise, including without limitation craft or novelty store; department store; dry goods or notions store; electronic media sales or servicing; florist shop; fur storage or sales; gift shop; hardware, paint or wallpaper store; jewelry store; musical instruments, sales and supplies; optical goods sales; pet shop; piano store; and variety store.

An area of land laid out for golf with a series of 9 or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards.

A theme-oriented recreation facility typically comprised of 9 or 18 putting holes, each with a “cup” or “hole,” where patrons in groups play a fee to move in consecutive order from the first hole to the last.

The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point 5 feet distant from said wall, or the lowest point of elevation of the finished surface between the exterior wall of a building and the property line if it is less than 5 feet distant from said wall. In case walls are parallel to and within 5 feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way.

A structure enclosed (as by glass) and used for the cultivation or protection of tender plants and/or an area where plants are grown for transplanting, for use as stocks for budding and grafting, or for sale.

The number of dwelling units per acre without deduction for landscaping or impervious surfaces.

The total floor area of a building which is designed for tenant occupancy and use, including basements and mezzanines, and measured to centerlines of common partitions and to outside of exterior walls, excluding mechanical equipment, storage, restrooms, stairwells, elevator shafts and other common areas.

Receipts from all business conducted on the premises and shall be deemed to include the sales price received of the goods, including gasoline, sold on consignment without deduction for any amount due the consignor.

The sum total area contained within the first floor of a building other than a cellar or basement calculated from measurements to outside walls.

A family-based facility which contains not more than 15 residents and 3 supervisory personnel and which provides 24-hour care in a protected living arrangement for the mentally and/or physically impaired, developmentally disabled, or victims of abuse or neglect. This classification includes congregate living facilities for the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or neglect, and residential services licensed by the Texas Commission on Alcohol and Drug Abuse, but not primarily for criminal rehabilitation.

Any premises used for the sale, vending, dealing, exchanging, or transfer of legal handguns and complying with any waiting period set forth by city, state or federal regulations.

A residence operated by a governmental entity, providing room and board, on a temporary basis, to one or more individuals who are in transition from an institution, either penal or medical, to the position where they are not directly supervised.

The vertical distance from the “grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest able [gable] of a pitch or hip roof.

Any area which contains buildings, structures or sites which (a) have a special character or have a special historical or cultural interest or value, (b) represents one or more periods or styles of architecture typical of one or more eras in the history of the City, and (c) cause such area, by reason of such factors, to constitute a district pursuant to the provision of this Ordinance. The area of a Historic Landmark Overlay District may include one or more properties.

A business, profession, occupation, or trade conducted for gain or support and located entirely within a residential building, which use is accessory, incidental, and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building or neighborhood or significantly increase the volume of traffic.

A building or portion thereof, used or designated for the housing or treatment of sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel or apartment/hotel not ordinarily intended to be occupied by said persons.

Any building containing guest rooms, intended or designed to be rented, or hired out to be occupied, for sleeping purposes by paying guests.

An industrial machine located in a stand-alone building of not less than 200 square feet which may serve bulk ice on a large scale directly to the exterior of the building or inside a vestibule area.

A surface which does not absorb water and consisting of all building[s], parking areas, driveways, road, sidewalks, structures, and any areas of concrete or asphalt.

Includes outside or mixed outside/inside facility, which may include a private track, to store products or goods processed at an industrial facility.

A yard other than an exterior yard extending along the common boundary of adjoining lots.

Any building, lot or premises on or in which 4 or more dogs (at least 8 weeks of age) are kept, or any building, lot, or premises where dogs or cats are housed or accepted for boarding, for which remuneration is received. This term does not include a veterinary clinic.

An oven, furnace, or heated enclosure used for processing a substance by burning, firing, or drying.

Natural or artificial bodies of water which retain water year-round.

The element of the Comprehensive Plan that designates future intentions regarding the location and intensities of industrial, commercial, and residential land uses in relation to open space, community, transportation, and utility needs. This information is presented in a graphic format.

A system of trash and garbage disposal in which the waste is buried between layers of earth to build up low-lying land[.]

A building or site of immeasurable value in preserving the cultural heritage, or an outstanding example of design or a site closely related to an important personage, act, or event in history. Such designation marks the site for preservation and restoration to its historical character and is intended to discourage modifications which detract from its historical significance.

Adorned or improved by contouring land and placing thereon live plants, flowers, shrubs, trees or grass.

The maximum height of a building permitted by any airport zoning ordinance or other ordinance restricting the height of structures.

Animals kept or raised for use or pleasure and/or profit.

A facility or area for the auction of livestock. Accessory uses may include but are not limited to feed pens, stalls, and outside pens or runs.

The room or rooms occupied by a family and must include cooking and sanitary facilities.

A building where lodging for 5 or more persons is provided for compensation.

An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision plat which has been properly filed and recorded.

The percentage of the total area of a lot occupied by the base (first story or floor) of a building located on the lot.

The lines bounding a lot as defined herein.

A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Ellis County prior to the adoption of this ordinance.

The width of a lot at the front building line.

Shops where lathes, presses, grinders, shapers, and other wood-and metal-working machines are used such as blacksmithing, tinsmith, welding, and sheetmetal shops, plumbing, heating and electrical repair shops and overhaul shops.

A commercial business which conducts the sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.

The building or buildings on a lot which are occupied by the primary use.

An agreement providing for public utilities, drainage, or streets or work to insure the correction of any failures of any improvements required pursuant to City regulations or to maintain same.

A movable or portable structure, designed for use as a residential dwelling, constructed on or after June 15, 1976 according to the rules of the United States Department of Housing and Urban Development, containing an integral chassis, plumbing, heating, air conditioning, and electrical systems, transportable in one or more sections which is built on or affixed to a permanent foundation when connected to required utilities. This definition does not include travel trailers, motor homes, camping trailers, or other recreational vehicles.

An establishment providing major and minor repair services to heavy load vehicles, including trucks, buses, trailers and other similar vehicles.

The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials but not limited to oils, plastics, resins, etc.

A roof-like structure projecting over the entrance to a building. It may also project over a sidewalk adjacent and parallel to the front wall of a building.

A place of business that advertises or offers massage therapy or other massage services, whether with or without the use of mechanical, therapeutic or bathing devices, and is licensed by the State of Texas in accordance with V.T.C.A., Occupations Code Ch. 455, and V.T.C.A., Administrative Code Title 25, as amended. This term does not include beauty parlors or barber shops duly licensed by the state; or treatment by a duly licensed medical doctor, chiropractor, or physical therapist.

The assembly of metal parts, including blacksmith and welding shops, sheetmetal shops, machine shops, and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

A small-scale brewery designed and managed to brew no more than ten thousand (10,000) barrels of beer per year. The following uses may be accessory to a microbrewery:

A machine that manufactures by the continuous repetition of some simple action.

The development or extraction of a mineral from its natural occurrences on affected land.

Enclosed space rented to members of the general public for private use for dead storage of motor vehicles, trailers, boats, and household goods. The rented space shall be used for private use only. No retail, service, professional, nor any other form of business that involves the general public and creates traffic by anyone other than the renter shall be conducted or performed on or from the rented space.

A movable or portable dwelling constructed to be towed by a motor vehicle on its own chassis over roads and highways, connected to utilities and designed without a permanent foundation, without regard of whether such is placed on a permanent foundation or not. It may consist of one (1) or more units that can be telescoped and expanded later for additional capacity, or two (2) or more units separately towable but designed to be joined into one (1) single unit. However, this definition shall not include travel trailers, pickup coaches, motor homes, camping trailers, or other recreational vehicles.

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.

A unified development of mobile home sites, plots, or stands as arranged on a large tract under single ownership, meeting the area and setback requirements of this Ordinance, and designed to accommodate mobile homes for a permanent duration.

A unified development of mobile home sites on lots platted for such purpose, where said lots may be sold to the owners of mobile homes situated thereon, meeting the area and setback requirements of this Ordinance and designed to accommodate mobile homes on a permanent basis.

A facility for freight pick-up or distribution and may include intermodal distribution facilities for truck or shipping transport.

A facility for the rental of new or used motor vehicles. Motor vehicles kept on the lot for rental purposes are not considered to be outside storage.

A facility or area for one or more of the following activities: (1) reconditioning of any type of motorized vehicle, including any repairs made to vehicles, (2) collision services, including body, frame or fender straightening or repair, (3) overall painting of vehicles or painting of vehicles in a paint shop, and (4) dismantling of motorized vehicles in an enclosed structure.

A facility or area for general motor repair work as well as the replacement of new or reconditioned parts in motorized vehicles; but not including any operation included in the definition of Motor Vehicle Repair Garage, Major.

A facility or area for the display, and retail sale of new or used automobiles, boats, trucks, motorcycles, motor scooters, recreational vehicles or trailers. For purposes of this definition, these items are not considered outside storage. Service bays are permitted as an accessory use. An auto body shop is permitted as an accessory use.

A business that specializes in the transporting, retention and/or housing of goods, wares, and merchandise.

Any building or portion thereof that is designed, built, and rented, leased or let to be occupied as 3 or more dwelling units and used as by 1 family per dwelling with cooking facilities and other facilities found in a traditional single-family dwelling.

A museum is a facility or area for the acquisition, preservation, study, and exhibition of works of artistic, historical, or scientific value.

A temporary structure, manned by a vendor that sells newspapers, magazines, and other periodicals.

An establishment operated as a place of entertainment, characterized by (1) live, recorded, or televised entertainment, including but not limited to performances by magicians, musicians or comedians, (2) dancing or any combination of these two.

A building, structure, or portion thereof that does not conform to the height, area, or yard regulations of this ordinance and which lawfully existed prior to the effective date of this ordinance.

Any single lot or tract of record that existed prior to the effective date of this ordinance that does not conform to the width, depth, or area requirements of this ordinance for the zoning district in which such lot is located.

A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance, or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

A facility or area furnishing food and shelter in single or multiple facilities to five or more persons who are not related by blood, marriage, or adoption to the owner or proprietor of the establishment. In addition, the facility provides minor treatment under the direction and supervision of a physician, or provides a service that meets some need beyond the basic provision of food, shelter, and laundry.

The use or intended use of the land or building by proprietors or tenants.

A sign permanently or wholly fixed to the ground other than that defined in this ordinance as a Billboard that is not located on the lot, tract, or parcel of the event, activity, or business being advertised.

The sale of types of alcoholic beverages allowed by the City of Midlothian in their original, sealed containers for consumption off the premises only in accordance with the laws of the State of Texas.

The sale of types of alcoholic beverages allowed by the City of Midlothian for consumption on the premises.

The sale of any merchandise or goods from an outdoor location upon privately owned property not within any permanent building or structure designed for the sale of such goods. The term “open air vending” shall specifically include the sale of merchandise or goods from “stands,” “stalls,” “vehicles,” “tents,” and all other sales not within a permanent structure. The term “sale” is herein defined as the actual transfer of goods or merchandise. The term open air vending, however, shall not include activity of itinerant vendors who continuously move about from place to place and who do not occupy any particular parcel of private property as a permanent or stationary place for the conduct of their business.

Private property under common ownership designated for recreational area, private park (for use of property owners within the subdivision), play lot area, plaza area, building setbacks (other than those normally required), and ornamental areas open to the general view within the subdivision. Open space does not include streets, alleys, utility easements, public parks or required setbacks.

Circuses, fairs, carnivals, festivals, or other types of special events that meet one of the following requirements: (1) run for longer than one day but not longer than two weeks, (2) are intended to or likely to attract substantial crowds, and (3) are unlike the customary or usual activities generally associated with the property where the special event is to be located. This does not apply to any City-sponsored events, pending Planning Director approval, and that does not require the closure of a public street.

The storage of material, outside of the walls of the main structure, incidental to the use of the property. Said material is screened from view by a solid, non-transparent screening fence with a minimum height of 6 feet; and does not exceed the height of the screening fence. Petroleum storage may be stored within the context of this use as long as it is less than 10,000 gallons. Anything above 10,000 gallons will be considered petroleum products storage/tank farm.

A zoning district that characteristically lies over another zoning district. The base zoning district usually retains the restrictions provided by the zoning ordinance; but is further restricted by the regulations provided in the overlay zone.

Any business or establishment whose at least majority of sales derives from the sale of alcoholic beverages allowed by the City of Midlothian and shall be consumed off the premises only in accordance with the laws of the State of Texas.

An enclosed or unenclosed area meeting the construction standards of Section 3.5600 and/or 4.5600 of the Zoning Ordinance, designated for parking passenger vehicles, and which is not on a public right-of-way or alley. Head-in parking adjacent to a public thoroughfare shall not be permitted.

That portion of the public right-of-way lying primarily between the edge of the pavement or back of curb and the private property line.

An establishment where articles are traded and exchanged for money plus a right to redeem such articles within a given amount of time upon repayment of such money with interest.

A use specifically allowed in one or more of the various districts without the necessity of obtaining a Specific Use Permit. This does not include conditional uses.

An individual, his heirs, executors, administrators, or assigns; a firm, partnership or corporation, its or their successors or assigns; or the agent of any of the previously mentioned.

An establishment for the purpose of supplying limited personal services such as: cleaning and laundry collection station, interior decorating, watch and jewelry repair, reader, art gallery, library, museum, studio for professional art work, photography, dance or fine arts, including teaching of applied and fine arts, this definition does not include massage parlors, barber shops, beauty shops or hairdressers.

A place where the remains of animals and pets are buried.

A retail establishment primarily involved in the sale of domestic animals.

An open-air facility containing a number of above-ground, large containers for the bulk storage in liquid form of petroleum products exceeding 10,000 gallons in aggregate capacity.

Oil-related industrial activities involving the processing or manufacture of substances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood, and other compositions of asphalt and tar with other materials; and roofing cements and coatings.

A facility or area for people to gather together for public worship, religious training, or other religious activities, including but not limited to a temple, mosque, synagogue, convent, monastery or other structure, together with its accessory structures and including all accessory buildings used for recreation, administration and/or educational (not kindergarten, primary, secondary, junior high, or high school), but not including buildings used for residences. This use does not include home meetings or other religious activities conducted in a privately occupied residence.

A subdivision of land that consists of commercial and/or residential land uses, public land uses, common open space, park and recreational area, adequate to serve the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control.

The agency appointed by the City Council as an ADVISORY body to it and which is authorized to recommend changes in zoning and approval of plats.

The Planning Director or Development Services Director for the City, or their designated representative.

The manufacture of rubber products including rubber footwear; mechanical rubber goads [goods]; heels and soles; flooring; and rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing and fiberglass application services.

Land together with any building or structure occupying it.

The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of the site. It may include initial stabilization work where necessary, as well as ongoing maintenance of the historic building materials.

A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplication images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.

An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.

A railroad track located outside of a rail carrier’s right-of-way, yard or terminals, where the carrier does not own the rails, ties, roadbed or right-of-way, and that is accessory to a commercial or industrial use.

A facility for the regular transaction of business, wherein services are performed involving predominantly administrative, professional, or clerical operations or any other vocation involving predominately mental or intellectual skills.

Shall mean the promotion of a public cause or service, including utilities having a franchise from the City, but excluding other profit-making organizations.

Any building, property, recreation areas, and roads, which are leased, operated, or funded by a governmental body or public entity.

An event sponsored by or put together by a local governmental agency that promotes community, civic, or charitable events that help bring the community together.

A public nonprofit facility in which literary, musical, artistic, or reference materials such as but not limited to manuscripts, computers, recordings, or films are kept for use by loaning to patrons of the facility, but are not normally offered for sale.

An outdoor area associated [sic] designed for unorganized recreational play. Playgrounds may consist of open space or informal play areas containing equipment such as swings, jungle gyms, seesaws, merry-go-rounds, backstops, goals, etc. Areas designed specifically for organized athletic events or containing buildings, bleachers, paved surfaces, field lights or outdoor speakers, are not included within the definition of playground.

A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk, pedestrian path, drainage way or other public way.

A structure containing four (4) single-family dwelling units or four (4) adjoined single-family dwelling units with a common wall.

A structure upon which trains, engines, locomotives, or rolling stock may be transported from one location to another, including but not limited to a railroad main line and an auxiliary rail line.

An interior yard extending along the full length of the rear lot line and defined by a line along and parallel to the rear lot line. See Yard, Rear.

Is the act or process of reproducing by new construction the exact form and detail of a historic building, structure, or object, or a part thereof, as it appeared at a specific period.

Any open or enclosed area that is available to inhabitants of an occupancy for recreational activities. This term includes swimming pools, recreation rooms, ball courts, grass areas, and any other area, both open to all inhabitants of the occupancy and not required for another purpose, such as walkways, parking areas, and landscaping.

A facility that is not a salvage yard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

A building and equipment for refining or processing.

Is the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property that are significant to its historic, architectural, and cultural values.

Same as dwelling; also when used with the word district, an area of residential regulation.

A commercial eating establishment where snacks or meals are vended for consumption primarily on the premises or for off-premise consumption (i.e. fast food restaurants). If that facility has less than 1,000 square feet of floor area, it will not require a Specific Use Permit (SUP).

The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period by means of the removal of later work or by the replacement of missing earlier work.

A business establishment for which more than 50% of gross revenues (less state, local, and/or federal sales and/or use taxes collected upon such sales) are based on the retail sale of products related to or derived from CBD oil (cannabidiol) or hemp. This includes but is not limited to oils, vitamins, supplements, food, personal care items, and garments.

A retailer whose primary use is for the sale of electronic vaping devices and other products associated with vaping, whose sale of other products is incidental, and whose gross revenues are over 80% from the sale of electronic vaping devices and products associated with vaping.

A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. A store shall be deemed as utilized primarily for the sale of tobacco products and accessories if at least 75% of the gross revenue of the store derives from tobacco products and tobacco accessories.

An open pit from which building stone, sand, gravel, mineral, or fill is taken to be processed for commercial purposes.

A public performance featuring bronco riding, calf roping, steer wrestling, and Brahma bull riding.

A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

Wind turbine component which consists of the blades and hub.

A parcel of land on which wastes or secondhand material are bought, sold, exchanged, stored, processed, or handled. Materials include but not limited to scrap iron and other ferrous metals, paper, rags, rubber tires, bottles, discarded goods, machinery or inoperable motor vehicles.

A facility or area for elementary or secondary education supported by the State public [sic], a church, or religious organization. This definition does not include after-school and summer programs which coincide with the age brackets for public and private schools as provided in this Ordinance.

A facility or area for conducting medical or scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

One space for an individual to sit equal to 18 inches to a bench and pew width if other than an individual chair.

An accessory use that is incidental to the primary use of the property; and includes a bathroom, kitchen/kitchenette, and HVAC (heating, ventilation, and air conditioning).

Barber and beauty shops, hairdresser, shoe repair, dry cleaners, etc.

Also known as the Building Line. The line which marks the setback distance from the property line, and establishes the minimum required front, side or rear yard space of a building plot.

A facility providing temporary housing primarily to indigent, needy, homeless or transient persons and which may also provide ancillary services such as counseling and/or vocational training, bathing, dining and food preparation.

A composite arrangement of shops and stores that provide a variety of goods and services to the general public, when developed as an integral unit.

A room where merchandise is exhibited for sale or where samples are displayed.

Any word, number, figure, device, design or trademark by which anything is made known, as used to designate an individual, firm, profession, business, or a commodity and which is visible from any public street.

A single-family attached dwelling unit on a separately platted lot which is joined at another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family.

A detached dwelling having accommodations for and occupied by not more than 1 family. This does not include mobile or manufactured homes.

The number of dwelling units permitted on a given site.

A map, drawing or chart showing the location of all existing and planned structures, landscaping, design ingress and egress, parking, height of structures, and/or any other elements as required by these regulations, and which a subdivider shall submit for approval in accordance with these regulations.

An establishment for the purpose of supplying limited specialty items, such as antiques, art objects and supplies, candy, florist, gifts, greeting cards, framing, stamps and coins, stationery, tobacco, etc.

A facility or area for keeping horses, mules or other domestic animals other than for their own use, for compensation, hire, boarding, riding or show.

A sports and entertainment complex which includes a multi-functional stadium, coliseum or other community and entertainment event venue for use by one or more professional or amateur sports teams with a main facility designed to seat spectators, along with areas adjacent to such main facility that are legally possessed by the person or entity holding or owning (whether directly or indirectly), from time to time, the legal possessory right or interest to use or occupy such main facility.

Areas that contain slopes with grades that exceed 10% and are characterized generally by increased stormwater runoff and potential erosion.

A type of open-pit mine from which rock or minerals are extracted.

The height between successive floors of a building or from the top floor to the roof. The standard height for a story is 12 feet. Does not include the roof structure, chimneys, and parapets.

A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive, or however otherwise designated.

A dividing line between a lot, tract or parcel of land and a contiguous street.

Any change in the supporting member of a building such as a bearing wall, column, beam, or girder.

That which is built or constructed, an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner including, but not limited to a street, alley, sign, fence, wall, or other form of permanent paving, or construction.

A retail establishment, singular retailer, or wholesale user primarily selling food, pharmaceutical medication, household merchandise, clothing, and a variety of other retail goods that may or may not have membership requirements, emphasize bulk sales, discount sales, and department stores.

A single-family residential structure used solely for the display and/or sales of residences within a subdivision.

An establishment charging admission to the general public for the privilege of observing live, televised or motion picture performances.

That portion of the Comprehensive Plan, both text and map, that provides the description of street classifications and general location of the placement of the designated thoroughfares.

Any premises whose primary use is for the display, sale, distribution, delivery, offering, furnishing or marketing of tobacco products, E-cigarettes, vaping products, and/or CBD or hemp-derived products, except:

A structure upon which trains, engines, locomotives, or rolling stock may be transported from one location to another.

A vehicle equipped for use as a dwelling and designed, or capable of, being hauled along a highway. Removal of the running gear will not change the definition.

A facility for the loading and discharging of bus passengers.

A detached building containing 3 single-family attached dwelling units.

A facility or area for heavy truck parking that is operated as a business enterprise and may charge the public a fee, and is not reserved or required to accommodate occupants, clients, customers, or employees of a particular establishment or premises and does not have an associated building or structure. Must comply with Ordinance 96-26.

A facility, usually located along a major highway, engaged primarily in providing goods and services to the trucking industry, tractor trucks, or other similar heavy commercial vehicles which may include retail fueling services, a convenience store selling food and novelty accessories, small restaurants, shower facilities and overnight parking. A “Truck Stop” shall not include as a primary or accessory use a hotel or motel, repair shop, or automated vehicle washes unless such use is a permitted use within the zoning district where the truck stop is located or is authorized following adoption of a specific use permit.

A detached dwelling having separate accommodations for and occupied by not more than 2 families.

The principal purpose for which a property or structure is employed or utilized.

A legal modification of the district provisions, such as yard, lot width and yard depth, signs, setback, off-street parking and loading regulations, height, access, and screening, granted due to the peculiar conditions existing within a single piece of property.

A facility for the diagnosis, treatment, or hospitalization of animals. The incidental boarding or breeding of animals is included in this definition.

A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that presents hazards or conditions commonly recognized as offensive.

A wind-driven energy system that converts wind energy into electricity through the use and consisting of a wind turbine, a tower, and associated control or conversion electronics. These systems shall be used to reduce domestic on-site consumption of electric utility power.

The freestanding monopole structure, or attached to a structure that supports a wind turbine for a wind-driven energy system.

An agricultural processing plant used for the commercial purpose of processing grapes, other fruit products, or vegetables to produce wine or similar spirits. Processing includes wholesale sales, crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery and warehousing.

Alcoholic beverage distributor; wholesale equipment and furniture, wholesale groceries, meats, fish and poultry; wholesale produce; wholesale supply house; wholesale laundry and dry cleaning plant; and any other distributor of goods for resale.

The manufacture of paper and paperboard, from both raw and recycled materials, and their conversation [conversion] into products including paper bags, boxes, envelopes, wallpaper, etc.

A facility or area in which two or more tow trucks are employed in the hauling of motorized vehicles and for the storage of vehicles that have been towed, repossessed, or otherwise in the care and custody of the operator of the lot, but not disassembled or junked.

An open space other than a courtyard, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of the front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

A yard across the full width of a lot extending from the street to the largest required setback of either the required, established, platted building line or projected front yard. Setbacks shall be measured from the front property line. Each street frontage shall be considered a front yard except that in one- and two-family districts, the extra frontage yards may be considered a side or rear yard if there are no other front yards projecting along that same block face.

Determination of what type of yard it should be will be dependent upon the setback that is necessary to maintain uniformity along the block face.

An open unoccupied space, except for accessory buildings as herein permitted, extending across the rear of the lot from one (1) side lot line to the other side lot line and having a depth between the main building and the rear lot line as prescribed for the district in which the building is located.

An open unoccupied space or spaces on one (1) or two (2) sides of a main building and on the same lot with the building situated between the building and a side line of the lot and extending from the front yard line to the rear yard line. Any lot line, not the rear line or front line, shall be deemed a side lot line.

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance.

The individual or individuals that have been designated by the City to conduct inspections in the field of the zoning requirements of structures and parcels of land.

A developer and publisher of technical information designed to promote the understanding and development of technology and to ensure the quality of commodities, services and safety of products.

Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM Standard C216, Standard Specifications for Facing Brick (Solid Masonry Unit made of Clay or Shale), and shall be Severe Weather (SW) grade, and Type FVA or FBS or better. Unfired or underfired clay, sand or shale brick are not allowed.

Finish wall, soffit, and tile backing material shall meet U.S. HUD material release No. 1263d; if it is a part of an approved distinctive architectural style.

Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM Standard C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification for Hollow and Solid Non-Load Bearing Units. Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish, and integrally colored.

Lightweight concrete block or cinderblock construction is not acceptable as an exterior finish.

Concrete finish, pre-cast panel or tilt wall construction shall be fluted, or exposed aggregate.

In calculating the square footage of the exterior wall area subject to minimum percentages of masonry coverage, “exterior wall area” shall include parapet walls and other similar vertical or sloped surfaces attached to the building walls that are not part of the structural roof. “Exterior Wall Area” shall not include door or window area.

shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework and has less than 25% reflectance.

Shingles composed of a heavy fiberglass mat base and ceramic-coated mineral granules that are tightly embedded in carefully refined, water-resistant asphalt that provide a three-dimensional appearance.

shall include profiled panels, deep ribbed panels and concealed fastener systems. Exterior finish shall be film laminated or baked-on enamel painted to the wall manufacturer’s standards. The use of corrugated metal, plastic or fiberglass panels are prohibited. The use of galvanized, aluminum coated, zinc-aluminum coated or unpainted exterior metal finish is prohibited.

A roofed structure, usually open at the sides, permanently attached and projecting from the face of a building and used to protect the entrance.

A sheathing that is rated for decking in which is layered with a metallic foil or other reflective material that blocks radiant heat. This product shall have an emissivity of .05 or below, which means the radiant heat is being blocked by 95%.

The slope of a roof measured in inches of vertical rise per inches of horizontal run.

A soffit is the underside of a part on a building, like a protective covering under the eaves of a house, or the surface of an arch as seen from below (such as an arch, overhang, beam, etc.) typically running from the outside wall to the outer edge of the roof.

Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all-weather stone. Cut stone, dimensioned stone, cast stone, and cultured stone are acceptable[.]

A weather-resistant mixture of dehydrated lime, powered marble and glue or various types of cement or plaster used in decorative moldings and/or coating outside walls and may be allowed as the primary building material if it is a part of an approved distinctive architectural style.

Colorless or lacking in saturation or hue. The term includes, but is not limited to, grays, tans, and earth tones. The term does not include black or any bold coloration that attracts attention.

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

Any place at which any of the following activities occurs:

* Inbound or outbound telephone or other audio communications in which a topic or purpose of the communication between an occupant of the premises and a third party is the discussion or description of specified sexual activities or specified anatomical areas or is otherwise pornographic in nature for consideration;

* Video or audio broadcasting, whether live, delayed, by film, by tape recording or otherwise, of specified sexual activities, specified anatomical areas or pornographic material for consideration; or

* Filming, taping or otherwise creating video or audio recordings, including but not limited to, films, movies, video tapes, DVDs, audio tapes or compact discs, that are broadcast, sold, manufactured or distributed for consideration.

A commercial establishment that as one of its principal business operations offers for sale or rental for any form of consideration one (1) or more of the following:

* Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” or “specified anatomical areas”; or

* Instruments, devices, or paraphernalia, which are designed for use in connection with “specified sexual activities.” This does not include items used for conception control or for protection from sexually transmitted diseases.

A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

* Persons who appear in a state of nudity or semi-nude;

* Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

* Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A hotel, motel or similar commercial establishment that in exchange for any form of consideration:

* Offers accommodations to the public, tenant or occupier of the room for [sic] any television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” and/or “specified anatomical areas”; and has a sign visible from the public right-of-way or otherwise advertises the availability of this type of adult accommodations to the public; or

* Offers a sleeping room(s) for rent for a period of time that is less than 10 hours; or

* Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

* A person in whose name a Specialized Certificate of Occupancy to operate a sexually oriented business will be issued;

* Each individual who signs an application for a sexually oriented business as required

* Each individual who is an officer of a sexually oriented business for which a Specialized Certificate of Occupancy application is made, regardless of whether the individual’s name or signature appears on the application;

* Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a Specialized Certificate of Occupancy application is made, regardless of whether the individual’s name appears on the application; and

* Each individual who exercises substantial de facto control over a sexually oriented business for which a Specialized Certificate of Occupancy application is made, regardless of whether the individual’s name or signature appears on the application.

The Chief of the Midlothian Police Department or a designee or any employee(s) of the police department assigned by the Chief to perform the duties prescribed in this Article [Section 8].

An authorized representative of any of the following departments or divisions:

* Development Services Department.

* Code Compliance

* Health Department.

* Fire Department.

* Police Department.

A building or structure (including a shopping mall or strip shopping center) containing three (3) or more separate premises, each of which is offered by lease or otherwise for separate occupancy or control and each of which occupies an enclosed area having its own door or entranceway opening onto public property, a public way or a common area.

Conviction in a federal court or a court of any state or foreign nation or political subdivision of a state of foreign nation that has not been reversed, vacated, or pardoned. “Conviction” includes disposition of charges against a person by probation or deferred adjudication.

A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is designated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

A person paid to provide entertainment to customers at a sexually oriented business; entertainment may consist of dancing, singing, modeling, acting, other forms of performing, or individual conversations with customers whereby the entertainer is paid any form of remuneration directly or indirectly for such conversations.

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease or specified sexual activities for another person.

A person, business association or commercial venture that furnishes, or offers to furnish, or advertises to furnish escorts as one of its business purposes for a fee, commission, tip or other consideration.

When used as a verb, means and includes any of the following:

* The opening or commencement of any sexually oriented business as a new business;

* The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

* The addition of any sexually oriented business to any other existing sexually oriented business; or

* The relocation of any sexually oriented business.

The dissolution or termination (other than a dissolution or termination by reason of a party merging with an affiliate) of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within 90 business days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against a party and in the event such proceeding is not voluntarily commenced by the party, such proceeding is not dismissed within 90 business days after the filing thereof.

Any part of the physical structure of an enterprise, including, but not limited to, a wall, veneer, door, fence, roof, roof covering or window, which his visible form [is visible from] any public way or public property.

Refers to both a sexually oriented business Specialized Certificate of Occupancy and a sexually oriented business employee license, unless otherwise specified.

A person in whose name a Specialized Certificate of Occupancy to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a Specialized Certificate of Occupancy; and in the case of an employee license, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

A person designated by the owner or operator of a sexually oriented business to be responsible for the operation of such business at a particular location at a particular time; when the owner, proprietor, or other principal in the business is present, such person may be considered the manager.

Any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

* That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;

* Where in order to participate in a class a student must enroll at least three days in advance of the class; and

* Where no more than one nude or semi-nude model is on the premises at any one time.

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque, meaning non-translucent, covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly aroused state.

The personal photographic identification card for an employee issued by the Chief of Police that must be provided by the employee to the manager or on-site manager in charge of the sexually oriented business as set forth herein.

An individual, a group of two or more individuals, proprietorship, partnership, corporation, limited liability company, association, or other legal entity.

The personal photographic identification card for an employee issued by the Chief of Police that must be displayed on the employee as set forth herein.

To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or operator of the business.

* The person(s) in whose name a valid specialized certificate of occupancy has been issued for a sexually oriented business pursuant to the city’s comprehensive zoning ordinance, Appendix A of this Code [this ordinance]; or

* Each individual listed as an applicant on the application for a sexually oriented business Specialized Certificate of Occupancy; or

* Each individual who is an officer of a sexually oriented business for which a Specialized Certificate of Occupancy has been issued, regardless of whether the individual’s name or signature appears on the application; or

* Each individual who has a twenty (20) percent or greater ownership interest in a sexually oriented business for which a Specialized Certificate of Occupancy has been issued, regardless of whether the individual’s name appears on the application; or

* Each individual who exercises substantial de facto control over a sexually oriented business for which a Specialized Certificate of Occupancy has been issued, regardless of whether the individual’s name or signature appears on the application; or

* The person(s) in whose a name a specialized certificate would be required in order to lawfully operate a sexually oriented business pursuant to the city’s comprehensive zoning ordinance, Appendix A of this Code [this ordinance]; or

* Any individual who is in control of the operations of a Sexually Oriented Business, either on an hourly basis, daily basis, weekly basis or shift basis or any combination thereof; or

* The person(s) who operates or causes to be operated any form of sexually oriented business, which is subject to regulation pursuant to the City’s Comprehensive Zoning Ordinance.

A commercial venture that provides employees or entertainment personnel who, in exchange for a fee, commission, tip or other consideration, goes to the location requested by the customer and while there:

* Privately models lingerie or other intimate wearing apparel; or

* Privately performs a striptease; or

* Privately performs a semi-nude or nude modeling session; or

* Bathes or massages the customer;

* But shall not include persons otherwise engaged in legitimate, non-sexually oriented activities or services such as licensed private nurses, licensed physical therapists, aides for the elderly or handicapped, social secretaries, or similar persons whose business or service relationship with their patron is not characterized by sexually oriented activities.

The Planning Director or Development Services Director for the City, or their designated representative.

Means over 35% of customers, volume of sales, stock in trade, display areas, or presentation time, or any combination thereof in any three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental, including those that are identical being considered a separate title or object.

A single-family, townhouse, condominium, duplex, triplex, fourplex, mobile home, manufactured home, multiple-family dwelling or portion of a planned development zoning district that is restricted to residential uses.

The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the nipple or areola is not exposed in whole or in part.

A business or commercial enterprise that offers, for any form of consideration:

* Any form of physical contact, including massage, by a person with the buttock, anus, male genitals, female genitals, or female breast of another person for the primary purpose of sexual stimulation or sexual gratification and regardless of whether any of the persons is in a state of nudity or semi-nude; or

* Body painting of the buttock, anus, male genitals, female genitals, or female breast of another person, whether those of the patron or employee, for the primary purpose of sexual stimulation or sexual gratification and regardless of whether any of the persons is in a state of nudity or semi-nude. Sexual encounter centers do not include any massage establishment lawfully registered under Texas Occupations Code, Chapter 455, as amended, at which services are only provided by persons registered as a massage therapist under Texas Occupations Code, Chapter 455, as amended.

An adult arcade, adult audio or video center, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or other commercial enterprise a principal business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. Sexually oriented businesses do not include: (i) a bookstore, movie theater, or video store, unless that business is an adult bookstore, or adult movie theater or adult video store; (ii) a business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under the license held; or (iii) a business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts. A commercial establishment may have other business purposes that are not a sexually oriented business or related to a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business so long as one of its business purposes is a sexually oriented business.

Any on-premise display, design, pictorial, or other representation that is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business and used to seed the attraction of the public to any goods, services, or merchandise available at the sexually oriented business.

The term “sign” also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.

A special certificate of occupancy issued by the city for the operation of a classification of a sexually oriented business at specific premise or location.

* The human male genitals in a discernibly aroused state, even if completely and opaquely covered; or

* Less than completely and opaquely covered human genitals, pubic region, vulva, anus, anal cleft, buttocks or a female breast below a point immediately above the top of the areola.

Prostitution or promotion of prostitution; aggravated promotion of prostitution, compelling prostitution; obscenity, dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault or aggravated sexual assault; incest, solicitation of a child or harboring a runaway child; molestation of a child; gambling; offenses involving necrophilia or bestiality; or distribution of a controlled substance; or any similar offenses to those described above as well as criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, under the criminal or penal statutes of the states, country, county or city; for which:

* Less than 2 years have elapsed since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

* Less than 5 years have elapsed since the date of conviction or the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

* Less than 5 years have elapsed since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are of 2 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

* The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

* The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

* Sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, masturbation, or sodomy; or

* Excretory functions as part of or in connection with any of the activities set forth above.

The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on: (i) the date the ordinance from which this article [Section 8] is derived takes effect; or (ii) for any premises not used as a sexually oriented business on the date the ordinance from which this article is derived takes effect, the date an application for a license to use the premises as a sexually oriented business is received by the city designating the floor area of the structure or proposed structure in which the sexually oriented business will be conducted, regardless of any subsequent changes in applicants, licenses, owners, or operators of the premises or the sexually oriented business.

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

* The sale, lease or sublease of the business;

* The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

* The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possession the ownership or control.

A sign employing visible moving parts or the changing of colors.

A sign which advertises businesses, commodities, activities, services or persons which are not usually available or present upon the premises upon which such sign is located, or which directs persons to any location not on the premises. Any sign with more than ten percent of the sign devoted to such use shall be deemed an off-premises sign. A billboard cannot be considered a pole sign. Any sign with more than ten percent of the sign devoted to such use shall be deemed an off-premises sign. A billboard cannot be considered a pole sign. [sic]

Any on-premise sign attached to, applied on or supported by the wall of a building or structure in such a manner that the wall becomes the supporting structure or forms the background surface.

A sign that is a part of or attached to an awning, canopy, or other approved fabric, or structural protective cover over a door, entrance, window, or outdoor service area. Only these signs shall be allowed to extend beyond the building. Any advertisement of the business on this sign shall count towards the total allowable building signage area.

A sign that is characterized by changeable copy, letters, symbols or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices, such as but not limited to, a bulletin board, or electronic message board.

Changeable copy signs may not be used to display commercial messages relating to products or services that are not offered on the premises.

A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including an illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.

An unlighted sign used for the purpose of providing traffic direction to new residential development and only allowed on weekends adjacent to Texas Department of Transportation rights-of-way with written permission, in the form of a notarized letter, from the adjacent property owner. These signs are prohibited after April 14, 2006.

A sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays.

Any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

A temporary sign with no more than two sign faces, with each sign face area not exceeding eight (8) square feet announcing and providing information about events, bazaars, rallies[,] concerts, athletic and/or recreational activities or events and similar activities or events.

A sign illumination of which is intermittently on and off so as to flash or blink or the intensity varies so as to appear to flash or blink.

A detached on-premise sign permanently placed upon, or supported by the ground with a continuous masonry base approximately the same width as the actual signage and the signage is attached to the base.

A sign that is suspended below a marquee or canopy and is generally smaller than a projecting sign.

A freestanding pole sign located within an established proximity to the intersection of two or more highways intended to advertise restaurant, lodging or automotive services to highway traffic such that the sign may be visible and legible for a distance of one-half mile.

A painted sign that is located exclusively within the Central Business District (CBD) along a blank wall and depicts a historic Midlothian business establishment and one that is not longer in business.

Any sign erected, constructed, enlarged or altered which does not conform to the provisions of the zoning ordinance or other applicable ordinances in effect at the time of erection, construction, enlargement, alteration, or does not have a valid sign permit.

Any sign illuminated in any manner by an artificial light source.

A freestanding structure located in the City of Midlothian public rights-of-way that displays directional information to new residential subdivisions, homes, and municipal or community events or facilities and serves the purpose of directing traffic to the location those locations.

A public right-of-way greater than 100 feet in width that has no at-grade points-of-entry/exit (e.g. U.S. Highway 287 Bypass/Loop, U.S. Highway 67).

A graphic mark, emblem, or symbol of a company name, trademark, abbreviation, etc., uniquely designed for ready recognition.

A projecting sign attached to or supported by a permanent canopy, often installed on buildings occupied by theaters, cinemas, performing arts facilities or parking structures.

A permanent on-premise sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located and where applicable a professional status.

That portion of a sign not used or intended to be used to display commercial copy, convey information or to attract attention to the subject matter of such sign.

This definition includes the sign structure.

A sign that was lawfully installed in compliance with all city ordinances applicable at the time of installation, but that does not comply with the current provisions of this zoning ordinance or other applicable ordinances.

A sign which advertises the business name, owner and/or commodities, activities or services offered on the premises where such sign is located and where at least ninety (90) percent of the sign is devoted to the advertisement of such business name, owner, commodities, activities or services.

A public right-of-way greater than or equal to 70 feet, present or future in width, or the name of which includes “parkway” designation[.]

A smaller version of a wall sign that is attached to the wall surface adjacent to the front entry of a business.

A sign that is mounted on a freestanding pole or poles and requires a Specific Use Permit (SUP), once certain conditions are met. All pole signs shall be designed in accordance with the Midlothian Building Code.

A temporary unlit sign pertaining to any national, state, county, or local election supporting or opposing an announced candidate, a party affiliation, a particular issue or referendum and/or primarily contains a political message.

An outdoor advertising display sign used for the purpose of on-premise advertising that are not temporary advertising devices or wind devices. Portable signs are those signs whose principal supporting structure is intended, by design, use or construction to be used by resting upon the ground for support and which may easily be moved or relocated for reuse. Portable signs shall include, but not limited to signs mounted upon a trailer, wheeled carrier or other non-motorized mobile structure with or without wheels, including metal area “A” and/or “T” frames resting on the ground, but not permanently attached thereto.

A sign that is affixed to the face of a building or structure and projects outward in a perpendicular manner.

A temporary sign announcing the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon.

A sign that incorporates a menu containing a listing of products and prices offered by a business.

A sign which revolves on, around, or about a structural support. A structural support includes, but not limited to, a pole, building or other type of support. Revolving parts within the sign shall not be constructed as a revolving sign.

The portion of a sign structure intended to convey information, knowledge or idea to the public, exclusively of the frame or support structure. Include the terms sign panel and sign copy. For the purpose of these regulations, total sign face area shall include all signs on any individual structure. In all cases, the sign face area for each type of sign shall be calculated using the section box method where it is measured at its widest and highest points and have a maximum of two (2) sides and be designed by a licensed Sign Manufacturer.

A permanent structure affixed to the ground which supports or is intended to support any sign.

Any sign in which advertisement is a fixed still image set for a period of time and requires the installation of new panels or images, one at a time, at certain intervals. Such sign[s] do not rotate, move, blink, flash or any combination thereof.

Temporary advertising devices which promotes and advertises commodities or services being offered on-premise on which such signs are located. Temporary advertising devices shall include but are not limited to banners, balloons or sandwich board signs.

An agreement entered into by the City and the developer of unified development to allow on/off-site signage in exchange for a reduction for overall signage on that development. Such an agreement must adhere to all the requirements of Section 4.6018 of this Zoning Ordinance.

A sign attached to or upon any vehicle where that vehicle is parked within 20 feet of the edge of a parking lot adjacent to the public right-of-way and contains arrows, directional information or promotional advertising relating to a business.

Any on-premise sign attached to, applied on or supported by the wall of a building or structure in such a manner that the wall becomes the supporting structure or forms the background surface.

Wind devices are those signs that may be classified as pendants, spinners, streamers, flags or other similar wind devices that move freely in the wind.

Any sign, picture, symbol, or combination, thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon window panes or glass and is visible from the exterior of the window.

A distinct text-only lettering used for purposes of identification and branding; it may take the form of a stylized version of the company’s name.

The use of land to produce plant or animal products, such as the growing of crops, raising and pasturing of livestock, or farming. It does not include the processing of plant or animal products after harvesting or the production of timber or forest products.

That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool and other construction as shown on a site plan.

The actual foundation area of a building and the area within six feet (6') of the foundation that is used for construction and grade transition.

An automatic watering system designed for watering lawns and gardens for a specified amount of time at a specified time of day. Irrigation systems are typically used to conserve water and time. All irrigation systems shall be equipped with an approved backflow prevention device to protect the water supply.

A delineation on the graphic exhibit which shows the boundary of the area within which all construction activity will occur.

Examples of this would include City Hall, public parks, County property, Corps of Engineers property, State of Texas R.O.W., library, fire stations, water tower sites or similar properties.

A grass that is generally considered in the landscaping industry in this region to have ornamental qualities, and which is typically grown in a flower garden. Typically grows 6" - 36" inches and doesn’t tolerate being cut below 6 inches. These said grasses are usually used as an accent grass and not the main coverage of the front yard. Most commonly they are grown for display of their flowers and may contain a variety of colors depending on the season. Other common ornamental features may include leaves and scent.

Any self-supporting woody perennial plant which will attain a trunk diameter of two inches (2") or more when measured at a point four and one-half feet (4.5') above ground level and normally an overall height of at least 15 feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.

A tree which the City has determined may or may not be worthy of preservation depending on the individual characteristics of the tree.

Trees in public parks and all areas owned by the City to which the public has free access to as a park.

A tree which the City has determined typically has significant positive characteristics worthy of preservation.

Trees on land lying between property lines on either side of all streets, alleys, avenues, lanes or ways within the City.

The severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.

Vegetation that because of its height is objectionable, unsightly or unsanitary: but excluding shrubs, bushes and trees, cultivated flowers and cultivated crops.

A set of garden design and landscape maintenance principles that promote good horticultural practices, efficient use of water, and means water-conserving drought-tolerant landscaping.