The provisions of these regulations shall be enforced by a duly appointed or designated official of the city under the direction of the city manager in accordance with the provisions of the City Charter and these regulations. When required by the building official, a current property survey reflecting all public easements, restrictions, rights-of-way, and setback lines on, adjoining or affecting the property shall accompany the application for the building permit. Applications for building permits shall be made upon a prescribed form. Upon receipt of an application for a building permit, the duly appointed designated official, hereinafter referred to as the building official, shall, as soon as practical, check the application for compliance with the terms hereof. In the event that the specifications set forth in the application are in accordance with these regulations, and such amendments as may be made thereto from time to time, the official shall issue a building permit and set the fee therefor. In the event that the application does not meet such requirements as set forth heretofore, the building official shall endorse his reasons for refusal thereon, and file same with the records of his office. In case the applicant for a building permit desires to appeal the decision of the official to issue such permit, the official may assist the applicant in the preparation of an appeal to the zoning board of appeals as hereinafter provided. When requested, the building official shall furnish to the applicant a true copy of the application together with all endorsements thereto setting forth the reasons for his refusal to issue the permit

Any person aggrieved by the application of the terms or enforcement of these regulations, any officer, department, board or bureau of the municipality may have the right to appeal a decision if it is alleged there is error in any order, requirement, decision or determination made by any official enforcing this section. Section 26 of these regulations outlines the procedure to the zoning board of appeals this information for consideration, action or variance from the terms hereof.

1.

A zoning board of appeals is hereby created. The word board when used in these regulations shall be construed to mean the zoning board of appeals.

2.

The zoning board of appeals shall consist of five members appointed by the city council, two for a term of one year, two for a term of two years, and one for a term of three years, and thereafter for a term of four years. Any vacancies shall be filled immediately for the unexpired term by appointment by the city council. Each member of the board shall be a resident of the city for at least 12 months. The board shall elect a chairman from among its members who shall serve for a period of one year, or until his successor is elected.

3.

Meetings of the board shall be held at the request of the chairman or at such other times as the board may determine. All meetings shall be subject to the provisions of the Texas Open Meetings Act. The board shall comply with recognized rules of parliamentary procedure and keep a record of its proceedings showing action of the board and the vote upon each question considered. A quorum of three members of the board shall be necessary to conduct business. City staff will assist the board in taking minutes of the meeting.

4.

The board shall have the following powers:

a.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative officer in the enforcement of these regulations.

b.

To hear and decide variance requests where strict application of the regulations will result in unnecessary hardship to the individual provided that the public convenience and welfare will not be substantially or permanently injured.

c.

To act as the "manufactured home park board of appeals" for the purpose of hearing and deciding hardship cases under the terms allowed in the manufactured home park ordinance. A hardship case granted under those regulations may continue only for the length of time that the hardship persist, but in no event for more than one year.

5.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building official concerning the enforcement of the provisions of these regulations. Such appeal shall be taken within 30 days from the date that the person making the appeal receives notice from the building official advising of his or her decision concerning the enforcement of the provisions of these regulations and such appeal may be taken by filing with the building official and with the board a notice of appeal and specifying the specific grounds on which the appeal is made. In addition to the foregoing requirements for appeal, any person appealing a decision of this building official on matters pertaining to a request for a variance from easements, rights-of-way, setback lines and/or other encroachments shall pay an administration fee of $75.00 dollars to the city within the 30 days allowed to perfect the appeal. The building official shall immediately transmit to the board all papers constituting the record upon which the action appealed was taken.

a.

The board shall fix a reasonable time for the hearing of the appeal, give notice to the parties interested, and decide the same within 30 days from the date the hearing is closed.

Any person, firm or corporation violating any of the provisions of these regulations or who shall fail to comply with any of the requirements hereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed $2,000.00 and each day such violation continues or exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed or shall exist and any architect, builder, contractor or agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided.

If any section, paragraph, subdivision, clause, phrase or provision of this appendix shall be adjudged invalid or shall be held unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part or provision thereof so decided to be invalid or unconstitutional.

These regulations shall be effective from and after its passage and publication as required by law.

Accessory building. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises.

Accessory use. An accessory use is one which is incidental to the principal use of the premises.

Accounting, tax preparation, bookkeeping, and payroll services. Establishments primarily engaged in providing services, such as auditing of accounting records, designing accounting systems, preparing financial statements, developing budgets, preparing tax returns, processing payrolls, bookkeeping, and billing. Includes research and management facilities.

Adult day care. A facility licensed or accredited by the State of Texas that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than 24 hours a day. (Texas Administrative Code Title 40, Part 1, Chapter 98, Subchapter A)

Air conditioning, plumbing and heating—Sale, service and repair. Establishments primarily engaged in selling, installing, and servicing plumbing, heating, and air-conditioning equipment. Contractors in this industry may provide systems, parts and labor when performing work.

Alternative rehabilitation facility. A facility that houses persons who are under supervision or treatment connected with the commission of a criminal act. This would include overnight short or long term residence or day facility treatment or supervision.

Amusement and recreational facility—Outdoor. Establishments offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf course.

Amusement and recreational facility—Indoor. Establishments offering indoor entertainment such as a bowling alley, video arcade or billiard parlor.

Amusement redemption machine means any electronic, electromechanical, or mechanical contrivance designed, made, and adopted for bona fide amusement purposes that rewards the player exclusively with non-cash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once, or $5.00, whichever amount is less.

Assisted living facility. An facility licensed by the State of Texas furnishes, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and which provides personal care services (Texas Administrative Code, Title 40, Part I, Chapter 92).

Automobile impound yard. A secure area used for the temporary impoundment of motor vehicles by law enforcement.

Automobile, boat, motorcycle, recreational and utility vehicle sale. Establishments retailing motor vehicles and parts from fixed point-of-sale locations typically operating from a showroom and/or an open lot where the vehicles are on display.

Automobile, boat, motorcycle, recreational and utility dealer with repair and service. Establishments selling new and used motor vehicles and parts as well as providing repair and maintenance on the premises.

Automobile parts and supplies. Establishments engaged in retailing new, used, and/or rebuilt automotive parts and accessories.

Automobile rental. Establishments primarily engaged in renting or passenger cars and light trucks

Automotive repair and maintenance. Establishments providing repair and maintenance services for passenger cars, trucks, and vans, and trailers, including painting and body work.

Automobile salvage or junk yard. A yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.

Bars and lounges. Establishments primarily engaged in preparing and serving alcoholic beverages for immediate consumption on the premises.

Bed and breakfast facility. These establishments provide short-term lodging in owner occupied private homes or small buildings converted for this purpose and are characterized by highly personalized service and the inclusion of a full breakfast in the room rate.

Block. A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof.

Boarding house. A building, other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for four or more persons, but not exceeding 20 persons.

Bowling center. Establishments engaged in operating bowling services, often providing food and beverage services as well.

Build. To erect, convert, enlarge, reconstruct, or alter a structure.

Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property.

Building code. The adopted International Building Code, the International Plumbing Code, the International Mechanical Code and National Electrical Code, as they may be amended from time to time, and such other building codes as may be adopted by the city to govern buildings and structures.

Building height. The vertical distance from the average finished grade to the average height of the highest roof surface.

Building materials, hardware and supplies. Establishments primarily engaged in retailing new building materials and supplies.

Building setback line. A line established by zoning regulations, generally parallel to and measured from the lot line, defining the limits of a yard in which no building or structure may be located, except as otherwise provided. See definition of "yard."

Business office. An administrative, executive, professional, managerial premises not a part of retail, wholesale or manufacturing operation.

Camp and recreational vehicle park. Establishments primarily engaged in operating sites to accommodate campers and their equipment, including tents, tent trailers, travel trailers, and RVs (recreational vehicles). Accessory uses often include washrooms, laundry rooms, recreation halls and playgrounds, stores, and snack bars.

Carwash. Establishments primarily engaged in cleaning, washing, and/or waxing automotive vehicles, such as passenger cars, light trucks, and vans, and trailers.

Carpet and upholstery cleaning services. Establishments primarily engaged in cleaning and dyeing used rugs, carpets, and upholstery.

Cellular tower. A tower consisting of antennas and electronic communications equipment which are a part of a mobile phone network

Child day care. Establishments providing day care for preschool children, but may care for infants and for older children when they are not in school and may also offer pre-kindergarten educational programs.

Civic, social and fraternal association. Organizations promoting the civic and social interests of their society or association having a restricted membership and organized for the pursuit of some common objective.

City. The City of Nederland, Texas.

City council. The City Council of the City of Nederland, Texas.

City property. Real property owned by the city which may include property owned in fee simple, easements, and public rights-of-way.

Clinic. A group of offices for three or more licensed physicians, dentists or other medical professionals to treat the sick or injured on an outpatient basis.

Common or party wall. A wall shared by one or more residential or non-residential uses, often including plumbing and wiring serving each attached unit.

Common area. Private property owned in common by, and designated for the private use of the owners or occupants of townhouse, multi-family, or cluster development in a particular project or subdivision. The common area does not include public streets, alleys, required building setbacks or utility easements.

Computer and data processing services. Establishments offering data processing and related services that provide the infrastructure for hosting and/or data processing services.

Comprehensive master plan. The plan adopted by the council to guide the future development of the city which includes but is not limited to elements describing land uses, housing, transportation, utilities, parks, schools and other community facilities.

Colleges, universities and professional schools. Institutions of higher learning primarily engaged in furnishing academic courses and granting degrees at baccalaureate or graduate levels. Includes junior colleges.

Conditional use. A use authorized subject to conditions and performance standards established by the city council.

Construction—General contractor (office only). A temporary office placed on a construction site.

Construction—Equipment yard and warehouse. A building, part of a building, or land area used for the storage of materials, implements, or machinery related to construction activity.

Convenience store with gasoline pumps. Establishments engaged in retailing automotive fuels (e.g., diesel fuel, gasohol, gasoline) in combination with convenience store or food mart items either be in a convenience store (i.e., food mart) setting or a gasoline station setting. These establishments may also provide automotive repair services.

Convenience store without gasoline pumps. Establishments engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks.

Copying and duplicating services. Office support services, may include document reproduction in various media, mailing and delivery services.

Dance, fitness and martial arts studio. Establishments primarily engaged in offering instruction in dance.

Density. Measures the intensity of development permitted on a specific tract of land, usually expressed in a total number of residential units per gross or net acre.

Dry cleaners. Establishments providing dry cleaning laundry services on site. Does not include linen, uniform supply or coin-operated services.

Dry cleaners—Drop off and pick up only. A facility used for picking up individual consumer's laundry and/or dry cleaning without dry cleaning equipment located on the premises.

Dwelling. Any building or portion thereof which is designed and used for residential purposes.

Dwelling, accessory garage apartment. An accessory residential use within a otherwise restricted residential zoning district.

Dwelling, congregate. Any building or portion thereof that contains facilities for living, sleeping and sanitation, and may include facilities for eating and cooking, for occupancy by other than a family, including but not limited to shelters, convents, monasteries, dormitories, sorority and fraternity houses. Congregate residence does not include jails, hospitals, nursing homes, hotels or boarding houses.

Dwelling, detached single-family. A dwelling unit contained in a freestanding structure designed for occupancy by a single-family.

Dwelling, duplex. A single structure containing two attached dwelling units sharing a common or party wall.

Dwelling, manufactured home. See "manufactured home, HUD-Code."

Dwelling, multi-family. A single structure containing three or more dwelling units.

Dwelling, townhouse. A single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof, open on at least two sides, having at least one common or party wall.

Dwelling unit. Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family, or a congregate residence for ten or fewer persons, but not including hotels or motels.

Easement. The right of use over the property of another.

Elementary and secondary schools (K-12). Public and private institutions primarily engaged in furnishing academic courses and associated course work that comprise a basic preparatory education ordinarily constituting kindergarten through 12th grade.

Engineering, architectural and related services.

Family. A number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage, or adoption.

Family home. A licensed home that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school children, but where the total number of children, including the caretaker's own, does not exceed 12 at any time.

Fence. An artificially constructed barrier enclosing all or part of a tract of land intended to prevent escape or intrusion, or to establish a boundary.

Financial institutions (banks, savings and loans, credit unions, investment and mortgage services). Financial institutions providing loans, accepting customer deposits and providing other financial services.

Floor area, gross. The total area of a structure measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage, but excluding carports or garages.

Floor area, net. The gross floor area of a structure less stairs, washrooms, elevator shafts, and other common areas open to public or semi-public use.

Floor area ratio (FAR). The ratio between the gross floor area in a structure and the total square feet of land in the tract on which the structure is located.

Fueling station. Any building or premises used for the dispensing, sale, or offering for sale at retail of automobile fuel, oils, lubricants and automobile accessories.

Funeral home. Establishments primarily engaged in preparing the dead for burial or interment and conducting funerals, including providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise. Funeral homes may include crematories and columbaria.

Furniture repair. Establishments reupholstering furniture; refinishing furniture; repairing furniture; or repairing and restoring furniture.

Furniture sales. Establishments retailing new furniture and home furnishings from fixed point-of-sale locations including showrooms and offering interior decorating services in addition to the sale of products.

Game room means a building, facility or other place that contains amusement redemption machines of any number.

Game room owner means an individual who:

1)

Has an ownership interest in or receives income from a game room or an amusement redemption machine located in a game room;

2)

Is a partner, director, or officer of a business, company, or corporation that has an ownership interest in a game room or in an amusement redemption machine located in a game room;

3)

Is a shareholder that holds more than ten percent of the outstanding shares of a business, company, or corporation that has an ownership interest in a game room or in an amusement redemption machine located in a game room;

4)

Has been issued by the county clerk an assumed name certificate for a business that owns a game room or an amusement redemption machine located in a game room;

5)

Signs a lease for a game room;

6)

Opens an account for utilities for a game room;

7)

Receives a certificate of occupancy for a game room;

8)

Pays for advertising for a game room; or

9)

Signs an alarm permit for a game room.

Gaming machine, commonly referred to as an "eight liner," means any coin-operated machine or electronic, electromechanical or mechanical contrivance designed, made, and adopted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once or $5.00, whichever is less. Not included in this definition is a machine used only for entertainment purposes, as entertainment is defined in section 372.1701 of the Texas Administrative Code.

Garage, accessory. An accessory building or portion of the main use building, designed for or used for the housing of motor vehicles for the use of the occupants of the lot on which the private garage is located.

Golf course. Establishments engaged in operating golf courses, along with dining facilities and other recreational including, equipment rental and golf instruction.

Grocery store. Establishments primarily engaged in retailing a general line of food products.

Group home. Establishments licensed by the state that provide residential care services for developmentally disabled persons. These facilities may provide some health care, though the focus is room, board, protective supervision, and counseling. V.T.C.A. Health & Safety Code, § 591.003(10).

Hair, nail and skin care services. Personal services establishments including barber and beauty shops, and nail care services.

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

Home health care. Businesses engaged in providing nursing and personal care services in the home.

Hospice. A facility dedicated to providing emotional, social and spiritual support to the terminally ill and their families in a residential setting.

Hospital—General medical and surgical. Licensed providing diagnostic and medical treatment (both surgical and nonsurgical) to in- and outpatients. These establishments maintain inpatient beds and provide food and pharmacy services.

Hotel/motel. Establishments providing short-term lodging which is open to the public for compensation, which may also offer food and beverage services, recreational services, conference rooms and convention services, laundry services, parking, and other services.

Industrialized building. A commercial structure bearing an approved decal or insignia indicating compliance with the mandatory building codes that has not been altered or modified from its original construction and which is constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site. An industrialized building does not include a commercial structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof; or a commercial building or structure that is not installed on a permanent foundation; and that is either not open to the public; or is less than 1,500 square feet in total area and used other than as a school or a place of religious worship. An industrialized building includes the structure's plumbing, heating, air conditioning, and electrical systems (V.T.C.A. Occupations Code, ch. 1202, Industrialized Housing and Buildings, Subchapter A).

Industrialized housing. A residential structure bearing an approved decal or insignia indicating compliance with the mandatory building codes that has not been altered or modified from its original construction designed for the occupancy of one or more families, constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system. Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems, but does not include a residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof; housing constructed of a sectional or panelized system that does not use a modular component; or a manufactured home (HUD Code) (V.T.C.A. Occupations Code, ch. 1202, Industrialized Housing and Buildings, Subchapter A).

Insurance agents, brokers and carriers. Establishments engaged underwriting, selling or servicing annuities and insurance policies.

Jails and correctional facilities. Establishments managing and operating facilities designed for the court ordered confinement, correction, and rehabilitation of adult and/or juvenile offenders. May include halfway houses and alternative rehabilitation facilities.

Laboratory (Biosafety Level 1, OSHA Standards).

Laboratory (Biosafety Level 2, OSHA Standards). A facility in which work is done with the broad spectrum of indigenous moderate-risk agents present in the community and associated with human disease of varying severity.

Laboratory (Biosafety Level 3, OSHA Standards). A facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences.

Laboratory (Biosafety Level 4, OSHA Standards). A facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease.

Landscaping services. Establishments providing landscape design, care or maintenance services and/or installing trees, shrubs, plants, lawns, or gardens.

Laundry, coin-operated. An unattended facility with coin-operated washing machines and or/ dryers available for the use of the general public. This does not include laundry facilities provided as an accessory use for the benefit of the residents or tenants of multifamily development projects.

Legal services. Offices of legal practitioners, including paralegals and court reporters, notaries, and other legal services.

Library. Establishments providing library or archive services.

Liquor store. Establishments primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor.

Lot. An undivided tract or parcel of land designated as a distinct tract.

Lot, corner. A building lot situated at the intersection of two streets.

Lot, double frontage. A lot with direct access to two generally parallel streets and is not a corner lot.

Lot, flag. A lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line.

Lot, interior. A lot within a subdivision that is not located at the intersection of any adjacent public or private street.

Lot area. The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot.

Lot coverage. The percentage of the total area of a lot occupied by the first story or floor of buildings located on the lot or the area determined as the maximum cross sectional area of a building.

Lot depth. The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary.

Lot line. A boundary of a building lot.

Lot line, front. The boundary of a building lot that is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear. The boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.

Lot line, side. The boundary of a lot which is not a front lot line or a rear lot line.

Lot width. The width of a lot at the front building line. Measurements on irregularly shaped lots are to be taken in a straight line from a point where the front building line crosses the side property lines.

Mailing services. Establishments providing mailbox rental and other postal services, except direct mail advertising or other office support services.

Manufacturing, heavy. Establishments engaged in 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 such as lubricating oils, plastics and resins. Manufacturing production usually is carried on for the wholesale market rather than for direct sales.

Manufacturing, light. Establishments engaged in manufacturing, fabrication, transformation, or assembly of products that do not involve the generation of objectionable noise, odor, vibration, and dust or hazard.

Manufactured home, HUD-Code. A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. This term does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8 (g).

Manufactured house space. An area of land within a manufactured housing park dedicated for the placement of a dwelling unit.

Manufactured house pad. A level and graded area to which the manufactured housing unit will be secured.

Manufactured housing park ("manufactured home park A"). A parcel of land under single ownership which has been planned and improved for the placement of manufactured housing.

Manufactured home subdivision ("manufactured home park B"). A parcel of land recorded as a subdivision plat with the appropriate right-of-way dedications for streets, alleys, and/or easements, lots and blocks for placement of manufactured housing

Massage therapist—Licensed. An establishment providing the therapeutic massage services of a licensed massage therapist.

Mobile home. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Travel trailers, pick-up coaches, motor homes, camping trailers, or other recreational vehicles and modular homes are not included in this definition.

Motion picture theatre. Establishments primarily engaged in operating motion picture theaters (except drive-ins).

Motion picture production. Establishments primarily engaged in producing, or producing and distributing motion pictures, videos, television programs, or television commercials.

Museums and art galleries. Establishments engaged in the preservation and exhibition of objects of historical, cultural, and/or educational value.

Nonconforming. A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations.

Nursery and garden center. Establishments primarily engaged in retailing nursery and garden products.

Nursing or convalescent home. An extended, long-term, or intermediate residential care facility licensed or approved to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

Oil and gas extraction. Industries operating and/or developing oil and gas field properties including crude petroleum and natural gas exploration; drilling, completing, and equipping wells; operating separators, emulsion breakers, desilting equipment, and field gathering lines for crude petroleum and natural gas; and all other activities in the preparation of oil and gas up to the point of shipment from the producing property.

Operator means an individual who supervises, manages, or participates in the performance of activities that contribute to the functioning of a game room, including the following activities:

1)

Operates a cash register, cash drawer, or other depository on the premises of a game room or of a business where the money earned or the records of credit card transactions or other credit transactions generated in any manner by the operation of a game room or activities conducted in a game room are kept;

2)

Displays, delivers, or provides to a customer of a game room merchandise, goods, entertainment, or other services offered on the premises of a game room;

3)

Take orders from a customer of a game room for merchandise, goods, entertainment, or other services offered on the premises of a game room; or

4)

Acts as a door attendant to regulate entry of customers or other persons into a game room.

Parking lot. An area devoted to the parking or storage of automobiles.

Parking space. A surfaced area, or unenclosed permanently reserved for the temporary storage of one automobile.

Pet grooming—Office. Establishments engaged in providing animal grooming services, such as bathing, nail clipping, and coat trimming.

Photographer—Commercial and portrait. Establishments providing still, video, or digital photography services in commercial and portrait photography.

Physical fitness facility. Facilities featuring exercise and other active physical fitness conditioning or recreational sports activities that may include swimming pools, tennis and other indoor or outdoor athletic facilities.

Post office. A facility owned or operated under contract with the U.S. Postal Service for the delivery of mail and packages.

Pre-school. A facility that provides education for children, usually between the ages of two and five, before beginning their statutory education.

Rail, transit. Agencies providing commuter rail and urban rapid transit.

Railroad. Freight railroads providing shipping services including line-haul railroads and short line railroads.

Real estate and title companies. Establishments that engage in renting or leasing real estate to others; managing real estate for others; selling, buying, or renting real estate for others; and providing other real estate related services, such as appraisal services.

Recreation center. A private recreation facilities which may include swimming pools, meeting rooms, open space, or other amenities maintained by a homeowners' association for the benefit of neighborhood residents.

Religious use. Includes building and premises used for religious worship, including sanctuaries, mosques, temples and synagogues.

Rental service stores and yards. Establishments that rent personal and household-type goods or establishments that rent or lease motor vehicles.

Residential care facility. A licensed or accredited facility located in a dwelling or other existing structure situated in a residential zoned area that provides twenty-four hour care, to six or fewer developmentally disabled persons who are unrelated to the owner of the residence, food and shelter, personal care services, minor treatment, or some need beyond the basic provisions of food shelter and laundry. V.T.C.A. Health and Safety Code, § 591.003(17).

Restaurant or cafeteria (no drive-in service). An establishment serving food to the general public in specific, designated dining areas.

Restaurant or eating place (with drive-in service). An establishment designed and constructed to serve food for consumption on the premises in an automobile or for carry-out for off premises consumption and which establishment may or may not have on-premises dining room or counter.

Restaurant (with drive-through). An establishment serving food to the general public with designated dining areas and allowing carry-out window(s) serving a single lane of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises.

Retail stores—General. Stores offering new goods and merchandise for sale to the public.

Right-of-way. The land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties.

Screening. Landscaping, fencing, or other material erected to provide a visual barrier from adjacent properties and streets.

Screening wall, separation fence, or separation wall. A fence or wall constructed of wood, concrete, concrete blocks, brick, stone or other permanent material.

Self-storage facility (mini storage). Establishments renting or leasing secure space for storage or personal and household goods.

Setback. See building setback line.

Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, escort agency, nude model studio, massage parlor or sexual encounter center defined as follows:

Adult bookstore or adult video store. A business establishment which sells, exhibits, or offers for sale or rental sexually explicit books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, other visual representations; or instruments, devices or paraphernalia.

Adult cabaret or theater. A nightclub, bar or restaurant or similar commercial establishment which regularly features nude persons, sexually explicit live performances, or films, motion pictures, videocassettes, slides of other photographic reproductions.

Escort agency. A person or business association who furnishes, offers to furnish, or advertises escorts for hire.

Massage parlor. An establishment providing massage service but not including therapeutic or rehabilitative exercises provided under the direction of a licensed professional physical therapist, chiropractor or physician.

Nude model studio. A commercial establishment which features nude persons to be sketched, drawn, painted, sculpted, photographed or observed for a fee or other form of consideration.

Sexual encounter center. A commercial establishment that offers or permits sexually explicit physical contact between persons of the opposite sex.

Shoe repair. Establishments primarily engaged in repairing footwear and/or repairing other leather or leather-like goods without retailing new footwear and leather or leather-like goods, such as handbags and briefcases.

Sidewalk. The portion of the street right-of-way outside the vehicle travel way which is for the use of pedestrian traffic.

Sign. Any medium, including its structure and component parts, either a name, identification, description, display, and/or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, institution, or business without regard to the message content or lack thereof.

Signs—Off-premise. A sign or billboard used for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the structure is located.

Signs—On-premise. A sign used for the purpose of leasing advertising space to promote an interest of an individual, business, product or service available on the premises on which the structure is located.

Site. Any lot or parcel of land or contiguous combination thereof, under a single ownership or control, proposed for development.

Site built. Residences which are constructed from primarily new construction materials, delivered to and constructed on the lot or property for permanent occupancy.

Site plan. A plan drawn to scale for one or more lots, parcels or tracts on which is shown the existing and proposed conditions of the lot, tract or parcel.

Skill or pleasure coin-operated machine means any kind of coin-operated machine that dispenses, or is used or is capable of being used to dispense or afford, amusement, skill, or pleasure, or is operated for any purpose, other than for dispensing only merchandise, music or service. This includes:

1)

A marble machine, marble table machine, marble shooting machine, miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game, or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; and

2)

Does not include an amusement machine designed exclusively for a child.

Social services. Child protective and health and human services.

Specialty food stores. Establishments primarily engaged in retailing specialized lines of food, such as butcher shops or bakeries. Also see "grocery stores."

Sporting goods and bicycle shops. Establishments primarily engaged in retailing new sporting goods, such as bicycles and bicycle parts; camping equipment; exercise and fitness equipment; and sporting goods, equipment, and accessories.

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

Story, half. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of the story, except that any partial story used for residence purposes shall be deemed a full story.

Street. A public thoroughfare which affords the principal means of access to abutting property.

Street, access. Any public street within a subdivision or along the boundaries of a subdivision which would serve any properties outside the plat boundaries or provide a connection directly with a collector street.

Street, alley. A minor street used primarily for vehicular access to the back or side of properties abutting on another street.

Street, arterial. A general term denoting a highway primarily for through traffic carrying heavy loads and large volume of traffic, usually on a continuous route.

Street, collector. A thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within a residential subdivision.

Street, cul-de-sac. A local street of relatively short length with one end open to traffic.

Street, dead-end. A street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.

Street, local. A street providing access to residential or other abutting property.

Street, loop. A local street, each end of which terminates at an intersection with the same adjacent street, and whose principal radius points of 180-degree system of turns are not more than l,000 feet from said adjacent street, and normally more than 600 feet from each other.

Street, private. Any street, alley, road, or right-of-way, not dedicated to the public.

Street, project. A secondary street which affords occupants access to townhouse lots and not designed as a through street.

Street, stub. A public street not terminated by a permanent circular turnaround, ending adjacent to undeveloped property or acreage.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, poster boards, and pergolas.

Structure, accessory (nonresidential). A subordinate structure detached and used for a purpose customarily incidental to the principal use.

Structure, accessory (residential). A subordinate structure detached and used for a purpose customarily incidental to the principal residential use.

Structure, permanent. A structure with a foundation, poured-in-place footings, and underground plumbing, intended not to be temporary.

Structure, principal. A structure in which the principal use of the lot on which it is located is conducted. All residential uses, except bona fide servant's quarters, are principal uses.

Structure, temporary. A structure without a permanent foundation or poured-in-place footings, capable of being moved without disassembling or damage, secured by tie-downs or other means; to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

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

Subdivision, private. A subdivision containing one or more private streets.

Tattoo parlor. Establishments used for the business of marking or coloring the skin with dyes or inks. Tattooing for medical purposes (e.g., plastic surgery or reconstructive surgery) and for cosmetic purposes (e.g., permanent eye liner) that are accessory to other uses are not included in this definition.

Taxidermist. Establishments used in the operation of preserving, stuffing and mounting the skins of dead birds and animals for exhibition.

Television and radio station. Establishments engaged in operating broadcast studios and facilities for over-the-air or satellite delivery of radio and television programs.

Tire retreading. Establishments retreading or rebuilding tires.

Townhouse condominium. An attached residential unit with three or more units attached with individual ownership only in the living unit. Ownership and management of common areas is entrusted to a duly organized association of owners of property as provided in the Texas Condominium Act.

Trade and technical schools. Institutions primarily engaged in offering vocational and technical training in a variety of technical subjects and trades, often leading to job-specific certification.

Transportation (motor freight and warehousing). Industry providing over-the-road transportation of cargo using motor vehicles, such as trucks and tractor trailers as well as providing the warehousing of those vehicles.

Use. The occupancy, purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained.

Use, principal. The main use or occupancy of land or buildings as distinguished from a subordinate or accessory use.

Variance. An adjustment in the strict application of the specific regulations of zoning regulations to a particular parcel of property, which, because of special conditions or circumstances peculiar to the particular parcel and not the result of applicant actions, would result in unnecessary and undue hardship.

Veterinary hospital or clinic and kennel. An establishment other than a kennel in which veterinary medical services, clipping, bathing, boarding and similar services are rendered to dogs, cats and other small animals and domestic pets.

Video and disc rental. Establishments renting prerecorded video tapes and discs for home electronic equipment.

Welding shop. A shop that engages in the process of uniting metal parts through heat and/or pressure.

Women's shelter. Establishments primarily engaged in providing short term emergency shelter for victims of domestic violence, sexual assault, or child abuse.

Yard. The area between the property line and the building setback line in which no structure may be located, except as specifically authorized.

Yard, front. An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear. An open, unoccupied space, except for accessory buildings as permitted, extending across the rear of a lot measured between the side lot lines and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.

Yard, side. An open, unoccupied space or spaces on one side or two 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 through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side line.

Zoning district. A section or sections of the city for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Zoning district map. The official certified map depicting the boundaries of zoning districts.

(Ord. No. 2017-23, § 2(§ C), 9-25-17)