The term "shall" is mandatory. The term "may" is discretionary. The term "and" indicates that all items being referred to are connected and inclusive. The terms "or" indicates that one or more of the items being referred to shall or may apply.

The following definitions apply only to the zoning ordinance. In the event of conflict with other definitions contained in the City of Orange Code these definitions will control. Unless specifically defined below, words or phrases used in this zoning ordinance shall be interpreted to give them the meaning they have in common usage and to give this zoning ordinance its most reasonable application.

Accessory Building. A building that is incidental to the primary permitted building on a site.

Accessory Use. A use that is incidental to the primary permitted use on a site.

Adjacent. Directly abutting a property line, not separated by a street.

Apartment. A structure containing three (3) or more dwelling units.

Appeal. A means for obtaining review and reconsideration of a decision.

Automobile detail shops. A business whose employees wash, clean and polish vehicles, by hand without automated machinery, on a contract or fee basis.

Bar/Lounge. An establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, pursuant to a license or permit issued by the Texas Alcoholic Beverage Commission that receives more than fifty (50) percent of its gross sales from the sale of alcoholic beverages.

Building Setback Line. A line measured from a property line which forms an area over which no structure shall be constructed, encroach, or project except as specifically allowed.

Certificate of Occupancy. A written document issued by the planning department stating that a building complies with all applicable regulations and is lawful to occupy.

Change to an Historic Landmark. A change to a designated historic landmark, including but not limited to the following:

(1)

Demolition or removal;

(2)

Interior alteration which would affect an area customarily open to the public and which has historic or aesthetic value;

(3)

On-site physical change to a site designated as an historic landmark;

(4)

Exterior alteration of the magnitude which would alter the historic character of an historic landmark.

City Council. The City Council of the City of Orange, Texas.

City Manager. The City Manager of the City of Orange, Texas.

Conditional Approval. An approval issued by the city council, planning and zoning commission, zoning board of adjustment or historic preservation commission subject to conditions which bring the application into closer conformance with the goals of the Orange Master Plan or protection of persons and property.

Condominium. A building or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, divided basis.

Deed Restrictions. Restrictions and regulations on private property which are adopted and enforced by property owners and/or private associations, such as a home owners association.

Director of planning and community development. Means the City of Orange Director of Planning and Community Development, or his/her designee.

Dripline. A line on the ground that defines the boundary of the tree canopy.

Electronic Smoking Device. An electronic, mechanical heating element or battery-operated device that delivers nicotine or other substances for inhalation. An electronic smoking device includes personal vaporizers, electronic cigarettes (e-cigarettes), electronic pipes (e-pipes), electronic cigars (e-cigars) or any other type of electronic nicotine or other substance delivery system, or any part thereof. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. The term does not include a prescription medical device unrelated to the cessation of smoking.

Duplex. A residential dwelling unit containing two (2) dwelling units with a common wall.

Fence. An enclosure, barrier or boundary usually made of posts, boards, wire, rails or masonry products. This includes both partial and complete enclosures.

(1)

Fence, Non-Opaque. A fence which can be seen through.

(2)

Fence, Opaque. A fence which cannot be seen through, such as wood or a solid wall.

Floor Area Ratio. The percentage of gross floor area divided by the gross lot area.

Gross Floor Area. The total floor area within the walls of a building, including non-leasable, public space, common space and multiple stories.

Gross Lot Area. The total lot area within the property lines.

Height. Distance measured from the finished grade to the highest point of the structure, excluding chimneys, cupolas, and other appurtenances.

Historic Landmark. A site, building, structure, monument, work of art or other object which is designated as an historic landmark by the city council.

Historic Overlay Zoning District. A city council designated zoning district area which overlays a base zoning district and contains designated historic features with local, state or national historical significance.

Historic Preservation Commission. The Historic Preservation Commission of the City of Orange, Texas, appointed by the city council.

Historic Preservation Officer. The City of Orange Director of Planning and Community Development, who performs the functions necessary to serve the historic preservation commission and the city with regard to historic preservation.

Home Occupation. An occupation that is carried out within the home or within a structure which is an accessory to the home.

HUD-Code Manufactured Home or Manufactured Home. 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 (1) or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle.

HUD-Code Manufactured Home Park or Community. A plot or tract of land that is separated into two (2) or more spaces or lots that are sold, rented, or leased, or offered for rent or lease, for the installation of HUD-code manufactured homes for use and occupancy as residences.

Land Use Entitlement. An entitlement obtained by a property owner or other person for a city permit, zoning change, special exception, variance, sign permit, subdivision approval, landmark improvement plan approval, or similar city approval involving the use of land.

Landmark Improvement Plan. An application to make a change to an existing designated City of Orange historic landmark.

Lot. The area within property lines.

Lot Corner. A lot which has a street adjacent to the front of the lot and the side of the lot as seen from the structure.

Mobile Home. A structure that was constructed before June 15, 1976, transportable in one (1) or more sections, 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.

Opaque Solid. Does not allow light to pass through.

Non-opaque. See-through, having a ratio of at least fifty per cent (50%) open area versus solid material.

Opens Space. Any area of a lot, site, tract or plot exclusive of structures, driveways or parking that is open to the sky.

Places of Religious Assembly. Facility for religious worship activities, including accessory uses located on the site of the religious assembly. This classification includes only a tax exempt organization engaging in religious worship activities not conflicting with the U.S. Internal Revenue Code Section 501(c)(3).

Planning and Zoning Commission. The Planning and Zoning Commission of the City of Orange, Texas, appointed by the city council.

Protected Tree. A tree identified as a protected tree species having a diameter over eighteen (18) inches as measured four (4) feet above the existing grade.

Protected Tree Species. The following species of trees: oaks, elms, magnolias, maples, pecans.

Recreational Vehicle. A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and its primary use is as temporary living accommodations for recreational, camping and travel use including, but not limited to travel trailers, camping trailers and motorhomes.

Sexually Oriented Business. A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary 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

Structure. 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.

Townhome. A residential dwelling unit, located on its own lot, that has primary ground floor access to the outside and shares one (1) or more common walls with one (1) or more dwelling units.

Zoning board of adjustment. The Zoning Board of Adjustment of the City of Orange, Texas, appointed by the city council.

(1982 Code of Ordinances, Chapter 13, Section 5; Ordinance 2002-27, § I(Exh. A), adopted 10/22/02; Ordinance 2024-14, § 2, adopted 6/25/24)

Alluvial Fan Flooding. Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport and deposition; and unpredictable flow paths.

Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appurtenant Structure. A structure which is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principle structure.

Area of Future Conditions Flood Hazard. The land area that would be inundated by the one (1) percent annual chance (100-year) flood based on the future conditions hydrology.

Area of Shallow Flooding. A designated AO, AH, AR/AO, AR/AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one (1) percent or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.

Base Flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-30, AR, V1-V30 or VE that indicates the water surface elevation resulting from the flood that has a one (1) percent chance of equaling or exceeding that level in any given year, also called the Base Flood.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway Wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Critical Feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.

Elevated Building. For insurance purposes, a nonbasement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, piling or columns.

Existing Construction. For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for Flood Insurance Rate Maps effective before that date. "Existing construction" may also be referred to as "existing structures".

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters;

b.

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Elevation Study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard areas and the risk premium zones applicable to the community.

Flood Insurance Study. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary-Floodway Map.

Floodplain or Flood-Prone Area. Any land area susceptible to being inundated by water from any source (see definition of flooding).

Floodplain Management. The operation of an overall program of corrective and preventative measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations. Zoning ordinances, subdivision regulations building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applicable applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Protection System. Those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway. See Regulatory Floodway.

Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Habitable Floor. Any floor usable for the following purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor".

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure. Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historical district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior or;

b.

Directly by the Secretary of the Interior in states without approved programs.

Levee. A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System. A flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Manufactured Home. A structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

New Construction. For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Recreational Vehicle. A vehicle which is; (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Regulatory Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Special Flood Hazard Area. See Area of Special Flood Hazard.

Start of Construction. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act [Pub. L. 97-348]), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. The market value is the value placed on the structure by the Orange County Appraisal District as show on its official records as of January 1 of the year in question.

Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either; (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

Variance. A grant of relief to a person from the requirements of this section when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this section. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5), of the National Flood Insurance Program regulations, is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Yard, Corner Side. The area extending between the front yard and the rear yard and between the side street lot line or street right-of-way and the side of the primary structure that is parallel to, or most nearly parallel to, the side street lot line.

Yard, Front. The area between the front wall of the primary structure on a parcel of property between an imaginary line drawn through the front wall of the structure extending across the full width of the property and the front street or property line.

Yard, Interior Side. The area between the rear yard and the front yard located on the side of the primary structure that does not border a street and between the property line and the side of the primary structure.

Yard, Rear. The area between the rear wall of the primary structure on a parcel of property between an imaginary line drawn through the rear wall of the primary structure extending across the full width of the property and the rear property line.

(Ordinance 1997-10, adopted 5/28/97; Ordinance 2001-24, § I, adopted 9/25/01; Ordinance 2008-8, Exh. A, adopted 2/26/08; Ordinance 2018-16, § 2, adopted 11/13/18)