A building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises and contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served. (Accessory Use: A use that is customarily incidental to the primary use of the premises which may or may not be located within the main building.) This does not include railroad cars, intermodal units or shipping containers.

Any sign which is supported by the ground but not attached to the ground, or other object which is used primarily to advertise to the general public for commercial purposes; is of a temporary nature; is not directly connected to or in relation to or in close proximity to a business, church, development or other establishment that is being advertised.

A structure open on a minimum of three (3) sides designed or used to shelter vehicles, not to exceed thirty-six (36) feet on its longest dimension.

A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as Field Office. (Also see Section 32.2 [31.2]).

A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for “temporary buildings” shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted only by the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard[.]

An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a “residential dwelling” as hereinafter defined, subject to compliance with each of the following conditions:

A detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.

Vehicle designed to be drawn by another vehicle, attached to the towing vehicle or used in conjunction with a motor vehicle. Used for transporting property, passengers, animals, etc. wholly on its own structure.

An owner-occupied residential dwelling designed for and used as a single-family dwelling that contains 8 or fewer guest rooms, where short-term lodging, with or without meals, is provided for compensation to individuals or groups for no more than 7 consecutive days. This definition shall not permit the operation of a restaurant for customers other than the occupants of the guest rooms. Parking shall be provided at a minimum of one space per bedroom.

A building, other than hotel or multiple-family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms. Facilities usually referred to as “bed and breakfast” arrangements are included in this definition.

A building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one (1) such apartment unit for each fifty (50) students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.

See Two-Family Dwelling, Section 30.1.20 [30.2.23].

A freestanding, detached structure used for residential purposes, built in accordance with standards set out in Section 31.5.

Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having kitchen facilities and not rented or otherwise used as a separate dwelling.

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, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. All references in this ordinance to manufactured housing or manufactured home(s) shall be references to HUD-Code Manufactured Housing, unless otherwise specified.

Any tract of land under single ownership of not less than one-half (l/2) acre and not more than ten (10) acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Overton relating to the location, use, construction, operation, or maintenance of manufactured housing.

A tract of land of not less than two (2) acres which has been final platted of record in its entirety in accordance with the subdivision regulations of the City for occupancy primarily by HUD-Code manufactured housing and industrialized housing.

“Modular Home” means a structure or building module as defined by statute and under the jurisdiction and control of the Texas Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one (1) or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

A structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

See Manufactured Home (HUD-Code) Park.

See Manufactured Home (HUD-Code) Subdivision.

A building or group of buildings designed for and occupied as a temporary dwelling place, providing four (4) or more room units for compensation. Units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, or motor lodge may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.

Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long-term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting room, clubhouse and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in this ordinance.

A development providing dwelling units specifically designed for the needs of ambulatory or retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

An accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one kitchen and at least one bathroom facility and used as living quarters for a person or person employed on the premises for not less than fifty percent (50%) of his/her actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed six hundred (600) square feet.

A dwelling that is part of a structure containing three (3) or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of twenty (20) feet, in which each dwelling is located on a separate platted lot.

A detached building designed exclusively for occupancy by one (1) family, excluding manufactured housing and modular homes.

One of a series of not less than three (3) nor more than ten (10) attached one (1) family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

Any tract of land under single ownership, two (2) acres or more, where accommodations are provided for travel trailer use.

A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and are under one (1) roof.

Land and buildings intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

An establishment where four (4) or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term “day-care center” shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school (Also see Registered Family Home).

A building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises.

All churches and places of worship existing within the Local Business (LC) and General Business (GB) Districts as of the date of this Ordinance is passed shall be considered legal nonconferring properties.

A building or complex of buildings that houses municipal offices and services and which may include cultural, convention and/or entertainment facilities owned and/or operated by a governmental agency.

An institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

A building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals, or general welfare of the city.

A building or buildings dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit.

A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board and lodging, together with personal care services and nursing services, medical services, or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one (1) year, such individual or individuals being cared for not being related by consanguinity (close relation or connection) or affinity to the person providing the care. (Also see Household Care Facility and Household Care Institution, and Personal Care Home.)

Land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

An area or space either outside or within a building for the display of topic-specific goods or information.

An area where outdoor fairs, circuses or exhibitions are held.

A community-based residential home operated by either the State of Texas, a nonprofit corporation, a community center organized pursuant to State statute, or an entity which is certified by the State as a provider for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet the following requirements:

An area of five (5) acres or more which is used for growing of usual farm products and/or raising of usual farm products and animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance of [or] law. Farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise, or vibrations or be otherwise detrimental to the public welfare.

An organized group having a restricted membership and specific purpose related to the welfare of the members.

An area of twenty (20) acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.

A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold including related storage of equipment for landscape contracting.

A building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.

A service establishment where athletic facilities such as handball, swimming, track, exercise devices, etc. are provided and may in addition include a whirlpool, sauna or massage service for members who shall register each time they utilize the club.

An institution providing both inpatient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury and disease or to injured patients who need medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.

May be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its inpatient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wide [use-wise] related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or complex; and provided further, that the floor area occupied by all accessory uses does not exceed one-third (1/3) of the total floor area. Whether or not a questionable use is similar or an integral part of the total purpose shall be subject to determination by the Board of Adjustment. Hospital-related X-ray and laboratory facilities shall not be considered accessory uses in computation or [of] area occupancy. This facility shall be licensed by the State of Texas.

A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with no more than two supervisory personnel as a single housekeeping unit. (See also Household Care Facility, Personal Care Home and Continuing Care Facility.)

Any lot or premises on which four (4) or more dogs, cats or other domestic animals more than four (4) months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.

Any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

A child-care facility offering a program four (4) hours or less per day for children who have passed their second birthday but who are under seven years old.

See Rest Home or Nursing Home.

An open recreation facility or park owned and operated by a public agency and available to the general public.

A privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owners’ association, or similar organization.

An owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three (3) individuals not related to the provider of such care. Custodial care is that [type] of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel. (Also see Continuing Care Facility.)

An institution for confinement of persons convicted of crimes.

A facility used for the racing of motor-driven vehicles and/or animals.

A child-care facility that regularly provides care in the caretaker’s own residence for not more than six (6) children under 14 years of age, excluding the caretaker’s own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care, but the total number of children, including the caretaker’s own, does not exceed twelve (12) at any given time. (Also see Child-Care Center.)

A dwelling unit which provides residence and care to not more than four (4) persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.

A facility which provides residence and care to five (5) or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.

A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.

An enclosed area used for public entertainment or performances featuring but not limited to bronco riding, calf roping, steer wrestling, and horse riding.

An institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

An institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of Texas but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

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

A building designed for the sport of shooting firearms at markers and targets for accuracy.

A facility or open area designed for the sport of shooting firearms at markers and targets for accuracy.

An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

A swimming pool with accessory facilities, part of the facilities are available to the general public for a fee.

A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight (8) feet to any property line.

A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.

A facility franchised by the City that generates electricity from mechanical power produced by gas, coal or nuclear fission.

A subsidiary station in which electric current is transformed.

A licensed company able to market utilities in a particular territory.

Facility at which natural gas flows are regulated and recorded.

A landing facility for rotary wind [wing] aircraft which may include fueling or servicing facilities for such craft.

An area of land used for trash and garbage disposal in which the waste is buried between layers of earth to build up low-lying land.

An establishment which may store or sell liquid petroleum gas. Facility must be in conformance with local, state, and federal provisions.

The transmission, retransmission, or reception of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or financial gain.

The transmission, retransmission, or reception of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain.

Any premises for the transient parking of trains and the loading and unloading of passengers.

A facility/place for the loading and unloading of materials on trains.

Includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.

An area for the servicing and storage of vehicles or other property of a governmental agency.

A facility for pumping sewage.

A facility for receiving and treating sewage from the City sewer system.

The pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

A facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.

A switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.

Passenger terminal or loading facilities for franchised private or publicly owned transit system.

A facility for the ground storage and transmission of water.

An elevated tank used as a reservoir for maintaining pressure in a water system.

A water storage facility for the storage of water at ground level.

A facility purifying, supplying, and distributing City water.